Your privacy is important to us. We believe it is important for you to know how we treat the information we receive from you. This privacy statement explains what personal data we, Tata Business Hub Limited (TBH), collect from you, through our interactions with you through this portal, and how we use that data.

Please note that this portal may include links to websites of third parties whose privacy practices differ from those of TBH. If you provide personal data to any of those websites, their privacy statements govern your data.

Note: This platform is not designed or intended for minors under the age of 18. So we request minors not to use this website.

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Your privacy is important to us. We believe it is important for you to know how we treat the information we receive from you. This privacy statement explains what personal data we, Tata Business Hub Limited (TBH), collect from you, through our interactions with you through this portal, and how we use that data.

Please note that this portal may include links to websites of third parties whose privacy practices differ from those of TBH. If you provide personal data to any of those websites, their privacy statements govern your data.

Note: This platform is not designed or intended for minors under the age of 18. So we request minors not to use this website.

1. Who we are:

TBH is an online platform that provides emerging businesses with cutting-edge digital products, solutions, and services - all in one place. On TBH, businesses can interact and connect with other verified businesses, identify new growth opportunities, seek advice from various industry experts and get access to valuable industry insights through curated news and information. Businesses also get access to software applications designed to cater to their operational and infrastructural needs.

Our host of economic and relevant business solutions help emerging businesses to chart new heights of growth through digital integration.

2. Our Privacy Notice explains:

  • What information we collect and why we collect it.

  • How we use the collected information.

  • The choices we offer, including how to access and update information.

Whether you are new to the TBH platform or a long-time user, please do take the time to get to know our practices. In case of any questions please contact us. While we have tried to keep this document simple, there may be terms you are unfamiliar with. Please read about them before giving your consent.

3. Definitions:

In this privacy notice, the following definitions are used:
  • Data - includes information that you submit to TBH via the website and information which is accessed by TBH pursuant to your visit to the Website.

  • Cookies - a small file placed on your computer by this Website when you either visit or use certain features of, the Website. A cookie generally allows the website to "remember" your actions or preference for a certain period of time.

  • Data Protection Laws - any applicable law relating to the processing of personal data, including the GDPR and the Information Technology Act, 2000, as amended or substituted.

  • GDPR - the General Data Protection Regulation (EU) 2016/679;

  • TBH or We or us - Tata Business Hub

  • User or you - the natural person who accesses the Website.

  • Website/Platform - the website that you are currently using,  www.tatanexarc.com, and any sub-domains of this site, unless excluded by their own terms.

4. Information we collect

We collect information in the following ways to provide better services to all of our users.

a) Data you give us:

  • Personal Information: Our services require you to sign up. When you do, we'll ask for personal information, like your Full name, email address, contact number, Address (includes state, city, pin code). Also, we collect professional information including Employer, Certificates in case of advisory services.

  • KYC and Financial Information: We collect KYC data and documents including PAN, GST certificates, incorporation documents and trade licenses which are required to unlock various features or actions on the platform. We also allow you to proactively submit KYC or financial information including financial statements and ITR returns which we may use to provide you a rating, score or badge. While we would allow you to proactively submit many of these documents in the Beta release, the corresponding rating, score or badge may not be available until further releases of TBH. To assist you with tracking the documents submitted, knowing the status of verifications and other ancillary activities, we shall be sharing the submitted documents with employees appointed as:

  • Tata nexarc Business Hub Operations team

  • Tata nexarc Business Hub Service Desk team

b) Data we collect by automated means:

When you visit our Sites, we may collect certain information by automated means, using technologies such as cookies, web server logs, web beacons and JavaScript. Our Sites are not designed to respond to "do not track" signals received from browsers.

  • Information we get from your use of our services: We collect information about the services that you use and how you use them, like the applications purchased, business opportunities, Insights, Advisory. Also when you register your business on the platform, we create a TBH support ID for your business. With this support ID, we shall have access to your business profile. We shall help you in enhancing your business profile and in resolving any problems which you encounter while using TBH.

  • Device information: We collect device-specific information (such as your hardware model, operating system version, unique device identifiers, and mobile network information including phone number). The platform may associate your device identifiers or phone number with your TBH account.

  • Log information: When you use our services or view content provided by TBH, we automatically collect and store certain information in server logs. This includes details of how you used our services, such as your search queries, Internet protocol address, device event information such as crashes, system activity, hardware settings, browser type and browser language, the date and time of your request and referral URL.

  • Location information: When you use our services, we may collect and process information about your actual location.

  • Local storage: We may collect and store information (including personal information) locally on your device using mechanisms such as browser web storage (including HTML 5) and application data caches.

  • Cookies and similar technologies: Our Sites may use cookies such as HTTP cookies. Your browser may tell you how to be notified when you receive certain types of cookies and how to restrict or disable certain cookies. Please note, however, that without cookies you may not be able to use all the features of our Sites. Please refer to our  cookie notice for more details.

  • Others:Information we collect when you are signed into our platform, in addition to information we obtain about you from partners, may be associated with your TBH Account. For more information about how you can access, manage or delete information that is associated with your TBH Account, visit the Transparency and choice section of this notice. We may also use your unique identifier (like employee number) only in case some integration is required with your parent organization's legacy systems.

5. How we use the information we collect:

  • We use the information we collect from all of our services to provide, maintain, protect and improve them, to develop new ones, and to protect TBH and our users.

  • We also use this information to offer you tailored content - like giving you more relevant search results, recommended PPSS (Products/Platforms/Services/Solutions) and interesting articles.

  • Public aspects of your profile such as name and photo are shared with other users within the social aspects of our platforms.

  • When you contact us, we keep a record of your communication to help solve any issues you might be facing. We may use your email address to inform you about our services, such as letting you know about upcoming changes or improvements.

  • We use information collected from cookies and other technologies, to improve your user experience and the overall quality of our services. For example, by saving your language preferences, we'll be able to have our services appear in the language you prefer.

  • Our automated systems analyze your content (including emails that you send to us) to provide you personally relevant product features, such as customized search results, tailored advertising, and spam and malware detection.

  • Public aspects of your profile such as the list of KYC and financial data and documents you have verified will be visible to other users on the platform. Only the list of data or documents verified would be visible, not the actual data or documents themselves.

6. Transparency and choice:

People have different privacy concerns. Our goal is to be clear about what information we collect so that you can make meaningful choices about how it is used. For example, you can: Review and update your profile. Review and control certain types of information tied to your Account.

You may also set your browser to block all cookies, including cookies associated with our services. However, it's important to remember that many of our services may not function properly if your cookies are disabled. For example, we may not remember your language preferences.

7. Information you share:

Our services let you share information with others.

8. Accessing and updating your personal information:

Whenever you use our services, we aim to provide you with access to your personal information. If that information is wrong, we strive to give you ways to update it quickly or to delete it - unless we must keep that information for legitimate purposes. When updating your personal information, we may ask you to verify your identity before we can act on your request. We may reject requests that are unreasonably repetitive, require disproportionate technical effort (for example, developing a new system or fundamentally changing an existing practice), risk the privacy of others.

We provide access to your information and correction of erroneous data to support your rights, as embodied in legislation. We aim to maintain our services in a manner that protects information from accidental or malicious destruction.

9. Information we share:

We do not share personal information with companies, organizations and individuals outside of TBH unless one of the following circumstances applies:

  • With your consent:

    We shall share personal information with companies, organizations, or individuals outside of TBH when we have your consent to do so. We require opt-in consent for the sharing of any sensitive personal information like your biometric details etc.

    When you enter into or are about to enter into a relationship with a customer of the TBH or its applications, we may fetch the KYC and financial information you have shared with us and display the same to you. Only with your explicit consent, we may share the same with the customer of the TBH or its applications for your convenience.

  • With domain administrators:

    If your TBH account is managed for you by a domain administrator, then your domain administrator who provides user support to your organization will have access to your TBH account information (including your email and other data). Your domain administrator may be able to:

    View statistics regarding your account, reset your account password, suspend or terminate your account access, access or retain information stored as part of your account, receive your account information in order to satisfy applicable law, regulation, legal process or enforceable governmental request and restrict your ability to delete or edit information or privacy settings, subject to compliance with applicable law.

  • For external processing:

    We provide personal information to our affiliates or other trusted businesses or persons to process it for us, based on our instructions and in compliance with our Privacy Notice and any other appropriate confidentiality and security measures. For example, some of the user contact details (email and mobile number) are shared with the platform payment service provider for financial compliance purposes. Some of the KYC and financial information is shared with a technology provider to process and verify the same.

  • For legal reasons:

    We shall share personal information with companies, organizations or individuals if we have a good faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:

    Meet any applicable law, regulation, legal process or enforceable governmental request, enforce applicable Terms of Service, including investigation of potential violations, detect, prevent, or otherwise address fraud, security or technical issues, protect against harm to the rights, property or safety of TBH, our users or the public as required or permitted by law. We may share non-personally identifiable information publicly and with our partners - like distributors or connected sites. For example, we may share information publicly to show trends about the general use of our services. If TBH is involved in a merger, acquisition or asset sale, we shall continue to ensure the confidentiality of any personal information and give affected users notice before personal information is transferred or becomes subject to a different privacy notice.

10. Information security:

We work hard to protect TBH and our users from unauthorized access to or unauthorized alteration, disclosure, or destruction of information we hold.

In particular:

We encrypt all our services using the Secure Sockets Layer (SSL). We review our information collection, storage and processing practices, including physical security measures, to guard against unauthorized access to systems. We restrict access to personal information to TBH employees, contractors and agents who need to know that information in order to process it for us, and who are subject to strict contractual confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations.

11. Where we Store and Process Personal Data:

Personal data collected by TBH Platform may be stored and processed in your region, in India. The storage location(s) are chosen in order to operate efficiently, to improve performance, and to create redundancies in order to protect the data in the event of an outage or other problems. We take steps to ensure that the data we collect under this privacy statement is processed according to the provisions of this statement and the requirements of applicable law wherever the data is located.

12. When this Privacy Notice applies:

Our Privacy Notice applies to all the services offered by TBH and its affiliates but excludes services that have separate privacy policies that do not incorporate this Privacy Notice.

Our Privacy Notice does not apply to services offered by other companies or individuals, including products or sites that may be displayed to you in search results or other sites linked to our services. Our Privacy Notice does not cover the information practices of other companies and organizations who advertise our services, and who may use cookies, pixel tags, and other technologies to serve and offer relevant ads.

13. Compliance and cooperation with regulatory authorities:

We regularly review our compliance with our Privacy Notice. When we receive formal written complaints, we shall contact the person who made the complaint to follow up. We work with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data that we cannot resolve with our users directly.

14. Changes to This Privacy Statement:

Our Privacy Notice may change from time to time. We shall post any Privacy Notice changes on this page and, if the changes are significant, we shall provide a more prominent notice (including, for certain services, email notification of privacy notice changes). We shall also keep prior versions of this Privacy Notice in an archive for your review.

15. Retention Policy:

Our data retention policy is governed in compliance with local laws

1 - User Basic details (50 Years): User basic details including Name, Email id will be retained for the 'life of user' (which is taken to be 50 years from the date of registration of the user in TBH platform).

2 - Business Organization details (120 Years): Business Name, Business address and the KYC details including GSTIN/PAN number will be retained for the 'life of business' (which is taken to be 120 years from the date of registration of organization in TBH platform.)

3 - Other KYC and Financial details: KYC details other than GSTIN/PAN number and financial details collected would be stored for a minimum period of 10 years. The maximum period of retention of operational records would depend on the governing rules of the laws of the land.

4 - Fee Transactions (6 Years): The records and data relating to payment transactions will be retained for a minimum period of 6 years. The maximum period of retention of these records would depend on the governing rules of the laws of the land.

5 - Operation Records (3 Years): Data relating to App Owner, Business and Business user, Advisor, for support services or day to day administration e.g.: Partnership of a Business with App Owner, App subscription-related information of app owner, Business and Business User are kept on a central electronic system. This data will be retained for a minimum period of 3 years. The maximum period of retention of operational records would depend on the governing rules of the laws of the land.

16. How to contact us:

If you have a privacy concern, complaint or a question regarding this privacy statement, please direct it to the Data Protection Officer(DPO) at dpo@tatanexarc.com or contact us at support@tatanexarc.com.

For the purposes of the data processed under this statement, the controller or business/service provider for the data processing of your personal data collected through our websites is TATA BUSINESS HUB LIMITED, Army and Navy Building, 148, M.G.Road1, Opposite Kala Ghoda, Fort, Mumbai, Mumbai City - 400 001, India. For all the other purposes indicated above, the controller or business/service provider is the same entity unless indicated otherwise in other privacy statements communicated in each situation.

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1. AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you ("you") and Tata Business Hub Limited (together with its subsidiaries, "we," "us" or "our"), concerning your access to and use of the  www.tatanexarc.com , as well as any other mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Platform"). You agree that by accessing the Platform, you have read, understood, and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS and CONDITIONS, THEN YOU ARE PROHIBITED FROM USING THE PLATFORM IN ANY WAY, OR REGISTER OR CHECK AND/OR CLICK "I AGREE" OR ANY SIMILAR BOX OR BUTTON ASSOCIATED WITH THIS AGREEMENT.

Supplemental terms and conditions or documents that may be posted on the Platform from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Terms of Use and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Platform after the date such revised Terms are posted.

The information provided on the Platform is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Platform from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law. This document is an electronic record as per the provisions of the Information Technology Act, 2000 and rules there under. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries guidelines) Rules, 2011 and other applicable laws for Your access or usage of Site and the Services that are provided on the Site.

2. MINORS

The Platform is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to register for the Platform. We do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, if we receive actual knowledge that anyone under the age of 18 has provided personal information to us, we will delete that information from the Platform as quickly as is reasonably practical.

3. SERVICES

We provide a broad range of products, solutions, and services to Users, and connect with other existing Users that are subject to these terms. Our services are designed to work together, making it easy for you to move from one activity to another. The permission we give you to use our services continues as long as you meet your responsibilities in:

(a) These terms and conditions; and

(b) Service-specific additional terms

4. SERVICE SPECIFIC ADDITIONAL TERMS

(i) TENDER & QUOTATION

The terms and conditions ("Terms") governs the use and access of the tender and quotation platform ("Tender & Quotation Platform") hosted on  www.tatanexarc.com , as well as any other mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Platform") or any current or future feature or functionality or offer made available on Tender & Quotation Platform, as updated from time to time ("Services") and constitute an agreement between Tata Business Hub Limited ("Tata nexarc", "we", "us" or "our") and any natural or legal person who accesses and/or uses Tender & Quotation Platform or the Services in any manner ("you" or "your").

These Terms of Use constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.

By using the Tender & Quotation Platform and/or availing the Services, you expressly agree to be bound by these Terms. Please read these Terms together with the Privacy Notice and  Terms and Conditions of the Platform and the other applicable rules, policies, and terms posted on the Platform, available through Tender & Quotation Platform, or provided with the Services ("Platform Terms" and collectively with these Term, "Agreement"), since those terms also govern your use of Tender & Quotation Platform. Accordingly, the terms applicable on the Platform shall also be deemed to be applicable on the Tender & Quotation Platform. If these Terms are inconsistent with the Platform Terms, these Terms will control to the extent of such inconsistency with respect to the Tender & Quotation Platform and/or Service.

  1. SCOPE OF SERVICES
  2. 1.1. The Terms set out herein specifically govern your access and use of the Tender & Quotation Platform, which provides a platform for you to inter alia: (a) discover, view, access, publish, and/or participate in tenders published on the Tender & Quotation Platform along with connecting to the respective owner/publisher of such tender(s) ("Tender Publisher"); and (b) discover, view, access, and/or participate in the tenders published on third party websites by clicking on the hyperlink of such third party websites provided at Tender & Quotation Platform (collectively known as "Tender(s)"). For the purposes of publishing a Tender on the Tender & Quotation Platform in terms of Clause 1.1(a) above, you will be required to provide specific details of the Tender including but not limiting to [insert specific details], in the form and manner provided at Tender & Quotation Platform.

    1.2. You agree and acknowledge that we are only a facilitator and are not and cannot be a party to or control in any manner any transactions on Tender & Quotation Platform. Accordingly, any Tender or your participation therein shall be a strictly bipartite contract between you and the Tender Publisher.

    1.3. Please note that we may from time to time change the Terms that govern your use of the Tender & Quotation Platform. Every time you wish to use our Services, please check these Terms to ensure you understand the terms and conditions that apply at that time. Further, please note that Tata nexarc reserves its right to either change the format and the content of the Tender &Quotation Platform and/or suspend the operation of the Tender & Quotation Platform for support or maintenance work, in order to update the content or for any other reason, at any time.

  3. SCOPE OF SERVICES
  4. Only persons who can enter into legally binding contracts as per Indian Contract Act, 1872, i.e., persons who are 18 years of age or older, are of sound mind, and are not disqualified from entering into contracts by any law, can use and access the Tender & Quotation Platform. In case you are below 18 years of age, you may access and use the Tender & Quotation Platform only if enabled by a parent or legal guardian. Further, if you are availing Services on behalf of a company or organisation, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement.

  5. REGISTERED USERS
  6. You agree and acknowledge that only registered users of the Platform would be entitled to discover, view, access, publish, and/or participate in Tenders and/or avail the Services on the Tender & Quotation Platform.

  7. LINK TO THIRD PARTY WEBSITES
  8. The Tender & Quotation Platform contains links to third party websites. We have no control over the content, offers and advertisements broadcasted on such websites. Tata nexarc allows users to access content, product as well as services linked to such third-party websites using hyperlink. Such hyperlink will re-direct the user(s) to the third-party site. You should read the terms and conditions on these sites as well as their privacy policies before indulging in the content offered by such websites. Neither Tata nexarc, its affiliates, nor its officers, employees or agents shall be liable for any loss, damage or expense arising out of any access to, use of, or reliance upon any third-party website linked to Tender & Quotation Platform. Tata nexarc is not responsible for the content of any third-party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to access links of any third-party platforms, you are doing so entirely at your own risk and expense.

  9. INDEMNIFICATION AND LIMITATION OF LIABILITY
  10. 5.1. To the extent permitted by applicable law, you agree to indemnify, defend and hold harmless Tata nexarc, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from and against any and all third- party claims, losses, liabilities, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Tender & Quotation Platform, violation of these Terms, or infringement of any intellectual property or other rights of Tata nexarc or any third-party. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defines of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

    5.2. To the fullest extent permitted by law, in no event shall Tata nexarc or any of its directors, officers, employees, agents or content or service providers be liable to you for any direct, indirect, special, incidental, consequential, exemplary, special, remote or punitive damage, including, but not limited to damages for loss of profits, goodwill, use, data or other intangible losses arising from, or directly or indirectly related to, the use of, or the inability to use, Tender & Quotation Platform or the content, materials and functions related thereto.

    5.3. Tata nexarc is neither liable nor responsible for any actions or inactions of the person/ entity which published the Tender or bid for the Tender, or any breach of conditions, representations or warranties by them. Tata nexarc is not obligated to mediate or resolve any dispute or disagreement between the users who avail Services on the Tender & Quotation Platform.

  11. MISCELLANEOUS
  12. In addition to these Terms, you will also ensure that you are in compliance with the terms and conditions of the Agreement (including but not limiting to Platform Terms).

(ii) nexTalks

The terms and conditions ("Terms") govern the use and access of the nexTalks web platform ("nexTalks Platform") hosted on  www.tatanexarc.com , as well as any other mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Platform") or any current or future feature or functionality or offer made available on the nexTalks Platform, as updated from time to time ("Services") and constitute an agreement between Tata Business Hub Limited ("Tata nexarc", "we", "us" or "our") and any natural or legal person who accesses and/or uses the nexTalks Platform or the Services in any manner ("you" or "your").

These Terms constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.

By using the nexTalks Platform and/or availing the Services, you expressly agree to be bound by these Terms. Please read these Terms together with the  Privacy Notice and  Terms and Conditions of the Platform and other applicable rules, policies, and terms posted on the Platform, available through nexTalks Platform, or provided with the Services ("Platform Terms" and collectively with these Term, "Agreement"), since those terms also govern your use of the nexTalks Platform. Accordingly, the terms applicable on the Platform shall also be deemed to be applicable on the nexTalks Platform. If these Terms are inconsistent with the Platform Terms, these Terms will control to the extent of such inconsistency with respect to the nexTalks Platform and/or Service.

  1. SCOPE OF SERVICES
  2. 1.1. The Terms set out herein specifically govern your access and use of the nexTalks Platform, which provides a platform for you to inter alia: (a) discover and watch pre-recorded and/or live webinars; (b) access information, data, video, media, recordings, files, graphics, and related materials published on nexTalks Platform (collectively known as "Content"); (c) express views or reactions in the form of comments to such Content; (d) allows you to ask questions to the creator of the Content.

    1.2. Please note that we may from time to time change the Terms that govern your use of the nexTalks Platform. Every time you wish to use our Services, please check these Terms to ensure you understand the terms and conditions that apply at that time. Further, please note that Tata nexarc reserves its right to either change the format and the content of the nexTalks Platform and/or suspend the operation of the nexTalks Platform for support or maintenance work, in order to update the content or for any other reason, at any time.

  3. ELIGIBILITY
  4. Only persons who can enter into legally binding contracts as per Indian Contract Act, 1872, i.e., persons who are 18 years of age or older, are of sound mind, and are not disqualified from entering into contracts by any law, can use and access the nexTalks Platform. In case you are below 18 years of age, you may access and use the nexTalks Platform only if enabled by a parent or legal guardian. Further, if you are availing Services on behalf of a company or organisation, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement.

  5. REGISTERED USERS
  6. You agree and acknowledge that only registered users of the Platform would be entitled to discover, view, and/or access the Content and/or avail the Services on the nexTalks Platform.

  7. ACCEPTABLE USE
  8. 4.1. We may monitor the Content (including comments or questions posted by users) published on the nexTalks Platform, and may take all appropriate actions to enforce its rights including removing such Content, if the same is found to be in contravention of applicable law or the Agreement.

    4.2. While accessing and using the Services, you hereby undertake to abide by the following:

    (a) You will not post any comment or review that contravenes the provisions of the Agreement or the applicable law.

    (b) You will not upload viruses or other malicious code.

    (c) You will not post anything which is grossly harmful, harassing, blasphemous, defamatory, obscene, paedophilic, libellous, invasive of another's privacy, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, harm minors in any way or otherwise unlawful in any manner whatever, and

    (d) You will not facilitate or encourage any violations of the Agreement.

  9. INDEMNIFICATION AND LIMITATION OF LIABILITY
  10. 5.1. To the extent permitted by applicable law, you agree to indemnify, defend and hold harmless Tata nexarc, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from and against any and all third- party claims, losses, liabilities, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the nextalks Platform, violation of these Terms, or infringement of any intellectual property or other rights of Tata nexarc or any third-party.

    Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defines of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

    5.2. The opinions, statements, answers provided by the creator of the Content on the nexTalks Platform are solely of the individual and independent opinions and statements of such individuals do not reflect the opinions of Tata nexarc. We do not endorse any specific individual. It is to be noted that we are not an agent of the creator of the Content, and we take no position and offer no opinion.

    5.3. To the fullest extent permitted by law, in no event shall Tata nexarc or any of its directors, officers, employees, agents or content or service providers be liable to you for any direct, indirect, special, incidental, consequential, exemplary, special, remote or punitive damage, including, but not limited to damages for loss of profits, goodwill, use, data or other intangible losses arising from, or directly or indirectly related to, the use of, or the inability to use, nexTalks Platform or the content, materials and functions related thereto.

    5.4. Tata nexarc is neither liable nor responsible for any actions or inactions of the person/ entity which created the Content or any person who access or view the Content, or any breach of conditions, representations, or warranties by them.

  11. MISCELLANEOUS
  12. In addition to these Terms, you will also ensure that you are in compliance with the terms and conditions of the Agreement (including but not limiting to Platform Terms).

  13. GRIEVANCE REDRESSAL
  14. You may submit any grievance with respect to nexTalks Platform or the Services, including any complaints or grievances with respect to access or usage of nexTalks Platform in violation of these Terms by any person, or with respect to take down of Content, to the grievance officer , appointed under the Platform Terms.

(iii) nexConsult

These terms and conditions (“Terms”) govern the use and access of the nexConsult web platform (“nexConsult Platform”) hosted on  www.tatanexarc.com , as well as any other mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Platform”) or any current or future feature or functionality or offer made available on the nexConsult Platform, as updated from time to time (“Services”) and constitute an agreement between Tata Business Hub Limited (“ Tata nexarc”, “we”, “us” or “our”) and any natural or legal person who accesses and/or uses the nexConsult Platform or the Services in any manner (“users”, “you” or “your”).

These Terms constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.

By using the nexConsult Platform and/or availing the Services, you expressly agree to be bound by these Terms. Please read these Terms together with the  Privacy Notice and  Terms and Conditions of the Platform and other applicable rules, policies, and terms posted on the Platform, available through nexConsult Platform, or provided with the Services (“Platform Terms” and collectively with these Term, “Agreement”), since Platform Terms also govern your use of the nexConsult Platform. Accordingly, the terms applicable on the Platform shall also be deemed to be applicable on the nexConsult Platform. If these Terms are inconsistent with the Platform Terms, these Terms will prevail to the extent of such inconsistency with respect to the nexConsult Platform and/or Services.

  1. SCOPE OF SERVICES
  2. 1.1. nexConsult Platform allow you to avail consultation and advisory services from several consultants including but not limiting to Finance, Sales and Marketing, Human Resources, Supply Chain, Regulation and Compliance, Digital & Tech, Government Schemes consultant (“Consultant”), based upon their expertise in the respective fields.

    1.2. The Terms set out herein specifically govern your access and use of the nexConsult Platform, which provides a platform for you to inter alia: (a) discover any Consultant basis your specific requirement; (b) avail audio and/or audio-video consultation from such Consultants; (c) access the pre-read material provided before the scheduled consultation; and (d) express feedback post the consultation by the Consultant.

    1.3. Please note that we may from time to time change the Terms that govern your use of the nexConsult Platform. Every time you wish to use our Services, please check these Terms to ensure that you understand our terms and conditions applicable at that point of time. Further, please note that Tata nexarc reserves its right to either change the format and the content of the nexConsult Platform and/or suspend the operation of the nexConsult Platform for support or maintenance work, in order to update the content or for any other reason, at any time.

  3. ELIGIBILITY
  4. Those persons who can enter into legally binding contracts as per the Indian Contract Act, 1872, i.e., persons who are 18 (Eighteen) years of age or older, are of sound mind, and are not disqualified from entering into contracts by any law, can use and access the nexConsult Platform. In case you are below 18 (Eighteen) years of age, you may access and use the nexConsult Platform only through your parent or legal guardian. Further, if you are availing Services on behalf of a company or organisation, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement.

  5. REGISTERED USERS
  6. You agree and acknowledge that only the registered users would be entitled to discover, view, access and/or avail the Services of the nexConsult Platform.

  7. ACCEPTABLE USE AND DISCLAIMER
  8. 4.1. While accessing and using the Services, you hereby undertake to abide by the following:

    (a) You will not upload viruses or other malicious code on the Platform.

    (b) You will not post anything which is grossly harmful, harassing, blasphemous, defamatory, obscene, paedophilic, libellous, invasive of another’s privacy, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, harm minors in any way or otherwise unlawful in any manner whatever, and

    (c) You will not facilitate or encourage any violations of the Agreement.

    (d) You will not circumvent any technical measure or bypass the Platform in any manner to directly approach the Consultant or use Platform to request, make or accept a consultation with the Consultant independent of the Platform, to circumvent any fees in any manner or for any other reason.

    4.2. The opinions, consultation, views, statements, and answers shared by the Consultant on the nexConsult Platform are solely of the Consultant and such opinions, consultation, views, statements, and answers do not reflect the opinion of Tata nexarc. We do not endorse any specific Consultant. It is to be noted that neither we are the agent of the Consultant, nor the Consultant is the agent of Tata nexarc, and we take no position and offer no opinion on the nexConsult Platform.

    4.3. At no instance,Tatanexarc shall be considered to be involved in providing legal, accountancy, tax or any other services, which a Consultant would be providing on the nexConsult Platform. You expressly acknowledge and agree that nexConsult Platform is merely a facilitator, and Tata nexarc do not guarantee the qualification, good standing and authority of any Consultant providing consultancy and advisory services on nexConsult Platform. No representation is made that the quality of the services provided by Consultants on nexConsult Platform will be greater than the quality of professional services that may be available anywhere else. We implore all the Users to make their own independent investigation and evaluation before availing such services.

    4.4. To the fullest extent permitted by law, in no event shall Tata nexarc or any of its directors, officers, employees, agents or service providers be liable to you for any direct, indirect, special, incidental, consequential, exemplary, special, remote or punitive damage, including, but not limited to damages for loss of profits, goodwill, use, data or other intangible losses arising from, or directly or indirectly related to, the use of, or the inability to use, nexConsult Platform or the advice, materials and functions related thereto.

    4.5. Tata nexarc makes no warranty, including implied warranty, and expressly disclaims any obligation which may imply that: (a) the opinions, consultation, views, statements, and answers shared by the Consultant is and/ or will be complete, exhaustive, accurate or suitable to your requirements; (b) nexConsult Platform or the Services will meet your requirements or will be available on an uninterrupted, timely, secure, or error-free basis; and (c) the results that may be obtained from the use of nexConsult Platform or Services will be accurate or reliable.

    4.6. You agree and acknowledge that the calls may be recorded for quality and training purposes and to serve as a record in case of any dispute arising in the future.

    4.7. You shall be bound by the cancellation and refund policies available on the Platform for the Services availed by you via the Platform.

  9. LINK TO THIRD PARTY WEBSITES
  10. The nexConsult Platform may contains links to third party websites. We have no control over the content, offers and advertisements broadcasted on such websites. Tata nexarc allows users to access content, product as well as services linked to such third-party websites using hyperlink. Such hyperlink will re-direct the user(s) to the third-party websites. You should read the terms and conditions of these websites as well as their privacy policies before indulging in the content offered by such websites. Neither Tata nexarc, its affiliates, nor its officers, employees or agents shall be liable for any loss, damage or expense arising out of any access to, use of, or reliance upon any third-party website linked to nexConsult Platform. Tata nexarc is not responsible for the content of any third-party websites and does not make any representations regarding the content or accuracy of material on such websites. If you decide to access links of any third-party websites, you are doing so entirely at your own risk and expense.

  11. INDEMNIFICATION AND LIMITATION OF LIABILITY
  12. To the extent permitted by applicable law, you agree to indemnify, defend and hold harmless Tata nexarc, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from and against any and all third- party claims, losses, liabilities, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the nexConsult Platform, violation of these Terms, or infringement of any intellectual property or other rights of Tata nexarc or any third-party. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and/or a third party, and you agree to cooperate, at your expense, with our defences of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

  13. MISCELLANEOUS
  14. In addition to these Terms, you will also ensure that you are in compliance with the terms and conditions of the Agreement (including but not limiting to Platform Terms).

  15. GRIEVANCE REDRESSAL
  16. You may submit any grievance with respect to nexConsult Platform or the Services, including any complaints or grievances with respect to access or usage of nexConsult Platform in violation of these Terms by any person, to the grievance officer, appointed under the Platform Terms

(iv) nexLogistics

These terms and conditions (“Terms”) govern the use and access of logistics services as available on Tata nexarc,  www.tatanexarc.com , as well as any other mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Platform”) or any current or future feature or functionality or offer made available on the Platform, as updated from time to time (“Services”) and constitute an agreement between Tata Business Hub Limited (“TBH” , “we”, “us” or “our”) and any natural or legal person who accesses and/or uses the Services in any manner ( “Consignor”, “you” or “your”).”).

These terms constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.

By using the Platform and/or availing the Services, you expressly agree to be bound by these Terms. Please read these Terms together with the  Privacy Notice and  Terms and Conditions of the Platform and other applicable rules, policies, and terms posted on the Platform, or provided with the Services (“Platform Terms” and collectively with these Terms, “Agreement”), since those terms also govern your use of the Services. Accordingly, the terms applicable on the Platform shall also be deemed to be applicable on the Services. If these Terms are inconsistent with the Platform Terms, these Terms will control to the extent of such inconsistency with respect to the Services.

  1. SCOPE OF SERVICES
  2. 1.1. The Platform allows you to, inter alia, discover, view, access and/or avail various categories of Services which are provided by Logistics Partners who have registered with the Platform. “Logistics Partner” shall mean entity/organization/company onboarded on the TBH platform to provide Services to the Consignors.

    1.2. You agree and understand that TBH facilitates the actual Delivery and/or shipment of the product shipped by Consignor to Consignee, by providing a platform for the Consignors to avail Services.

    1.3. For the purpose of this Agreement, “Consignee” shall mean the persons receiving the material/product/item (“Consignment”) dispatched by the Consignor, and “Delivery” shall mean tender of shipment or conveyance of the Consignment to the Consignee at the location designated by the Consignor.

    1.4. TBH reserves its right to either change the format and/or the content of the Platform and/or suspend the operation of the Services or Platform for support or maintenance work, in order to update the Platform or for any other reason, at any time.

  3. ELIGIBILITY
  4. Only persons who can enter into legally binding contracts as per Indian Contract Act, 1872, i.e., persons who are 18 years of age or older, are of sound mind, and are not disqualified from entering into contracts by any law, can use, avail and/or access the Platform and Services. In case you are below 18 years of age, you may access and use the Platform and Services only if enabled by a parent or legal guardian. Further, if you are availing Services on behalf of a company or organisation, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement.

  5. REGISTERED USERS
  6. You agree and acknowledge that only registered users of the Platform would be entitled to discover, view, and/or access and/or avail the Services on the Platform.

  7. ROLE OF CONSIGNOR

  8. 4.1. Contents of the Consignment

    1. The Consignment entrusted by Consignor to TBH is booked strictly on “SAID TO CONTAIN BASIS”. TBH shall be under no obligation and is not expected to verify the contents and description of the Consignment declared by the Consignor on the Platform. The Consignor shall be responsible for all consequences arising due to incorrect and incomplete declaration.
    2. The Consignor hereby declares that the Consignments shall not include any of the banned commodities-
      1. restricted, illegal, prohibited, stolen, infringing of any third party rights, hazardous or dangerous or in breach of any tax laws
      2. Any Consignment whose carriage is prohibited by any law, statute, or regulations applicable at the place of origin or destination, or any location through which the Consignment may transit.
      3. Any Consignment which would be likely to cause damage, or delay to equipment, personnel, or other shipment(s).
      4. Any Consignment which may require TBH to obtain a license for its transportation.
      5. Any item listed under Part I of Annexure A of these Platform Terms.
      6. The Consignor is solely liable for any misrepresentation pertaining to the declaration under this clause.

    4.2. Documentation

    1. Consignor shall provide complete documents along with accurate details of the Consignee’s name, address, contact numbers, email address, forms, permits, valid e-way bills, invoices, STN (Stock Transfer Note), MSDS certificate (if applicable) etc. as per the statutory requirements.
    2. In case of any deficiency or inaccuracy in the documents or information or statutory requirements submitted by the Consignor, TBH shall not be made liable for the same.

    4.3. Statutory Payments and Compliances

    1. The Consignor is solely responsible for all payment if any levied by the government or any statutory body etc. such as entry tax, GST (Goods & Services Tax) or any other tax levied from time to time.
    2. TBH shall not be responsible for any consequential loss, freight refund etc. in case of any Consignment is held up by any statutory authority such as tax authorities levying GST and / or excise, customs check post officials, entry tax/octroi/service tax officials etc.
    3. The Consignor shall be solely responsible to comply with all statutory requirements (State and Central Laws/Statutes) applicable in relation to booking and sale of the Consignments carried and delivered in pursuance of this Agreement.

    4.4. Delivery

    1. The Consignor agrees that the Consignment shall be picked up by Logistics Partner from the Consignors’ designated location as provided by the Consignor on the Platform. In the event the Consignor opts for hub-drop delivery, the Consignor shall be responsible for delivering the materials to the Logistics Partners’ designated location (“Hub Location”) as displayed and opted by the Consignor during order booking.
    2. You understand that the fees, charges or freight payable by you for availing the Services are dependent on the designated pick-up location, Hub Location and the Consignee’s location as provided by the Consignor on the Platform. In case the Consignor requests for change in either the source/pick-up address, Hub Location and/or the destination address then the fees, charges or freight for transport of the Consignment shall change and any additional costs in this regard shall have to be borne by the Consignor. and shall be adjusted by raising the credit note/debit note for such difference in amounts.
    3. In the event the Consignee: (a) refuses to accept the Delivery of the Consignment due to any reason; (b) is not available at the designated location on working days and within office hours, TBH reserves the right to make decision on behalf of the Consignor to RTO (Return to Origin) the shipment at the expense of the Consignor. RTO cost shall be computed as per the costs/price displayed on the Platform at the time of RTO along with additional charges for the same Logistics Partner selected by Consignor during the forward journey of the Consignment.
    4. In the event the Consignor does not pay the RTO cost as applicable or refuses to accept the Consignment within 15 days of request made by TBH, TBH reserves the right to auction the Consignment and recover costs or to dispose-off the Consignment in such manner as it may deem fit. This is without prejudice to the right of TBH to exercise any other legal remedy.
    5. TBH may, at its discretion, provide web based (online) tracking solutions for all or limited number of Consignments through its Logistics Partners.

    4.5. Obligation of the Consignor

    1. Consignor shall ensure that all shipments for carriage are prepared and pacekd adequetly to ensure safe carriage with normal care in handling also with required documents . Any article susceptible to damage as a result of any condition which may be encountered during handling or transportation by air, railway or road must be adequately protected by You by proper packaging and TBH shall not be liable for any damage or shortages occurring as a result of improper packing.
    2. Consignor shall properly paste and insert the invoice, in and on the package and also provide it to the Logistics Partner while handing over the Consignment.
    3. The Logistics Partner shall handover a copy of the docket (or consignment note) to the Consignor of the Consignment.
    4. The Consignor undertakes that in the event any Consignment contains fraudulent or prohibited items as specified in applicable laws or in this Agreement, TBH would inter alia have the right to retain the custody of such Consignment (including opening and inspecting of Consignment). This is without prejudice to right of TBH to be indemnified for such breach in accordance with this Agreement. Consignor shall further be liable for consequences mentioned in Part II of Annexure-A of this Agreement.
    5. The Consignor hereby agrees that, in all cases where the requirement of e-way bill is mandatory, the Consignor shall provide a valid e-way bill (during the case of RTO) to TBH, within 7 days from the date of the Consignment being marked as 'RTO Initiated' on Consignor’s dashboard. In case the Consignor fails to provide said e-way bill within the stipulated time period, then the concerned Consignment may be marked as 'Disposed', and TBH shall not be held liable for any liability in relation thereto.

    4.6. Loss, Damages and Delivery

    1. Consignor shall ensure that the packaging of the Consignment is safe, proper, and adequate to withstand the normal transportation and environmental hazards and in compliance with the applicable laws. TBH shall not be liable for any kind of loss or damage to the Consignment caused due to improper or defective packaging and in such cases insurance claims shall also not be acceptable by TBH.
    2. In case of any dispute regarding the Delivery of the Consignment, the Consignor shall put remarks on the Proof of Delivery (POD) and inform TBH. In the event no remarks are provided on the POD no claims shall be raised by Consignor at any later stage for the said Consignment.
    3. TBH shall not be liable for any claims raised by the Consignor, in the event – a) the outer packaging done by Consignor is intact and not tampered with at the time of Delivery; b) no complaint has been lodged in writing within 3 days of the date of Delivery or report of loss subject to relevant remarks on the POD c) the claim is raised post-Delivery without recording the grievance clearly on POD.
    4. In respect of any loss or damage to the Consignment(s) in transit: (i) in case the Consignor has not opted in for insurance and requests for the certificate of facts (COF), then TBH TBH shall cooperate in furnishing the COF from Logistics Partner to the Consignor; (ii) in case Consignor has opted in for insurance then TBH shall, directly or via insurance provider, as the case may be, evaluate the value of such claims after taking in to account the extent of damage, salvage value etc. in relation to the Consignment; and (iii) in case the Consignor has not opted for insurance and has not requested for the COF, TBH shall be liable for claims of up to a maximum amount of Rs 5,000 per docket (or order) only. You understand that such cases for insurance claim or COF shall only be entertained if relevant remarks are mentioned in POD and claims are raised within 3 days of reported damage or loss or pilferage of goods.
    5. In case of damaged/pilferaged/tempered/pressed/leaked Consignment, Consignor shall ensure that Consignee mentions negative remarks on POD copy to get claim for the Consignment.
    6. In relation to claims for damage to Consignment(s), it is hereby clarified that the amount of compensation to be paid by TBH shall depend upon the quantum/percentage of damage as against the full product value of the Consignment.
    7. In case the Consignment is stored in warehouse longer than 3 days due to Consignee not accepting Delivery then demurrage charges not exceeding Rs 1/kg/day (Charged weight) shall apply.
    8. TBH shall not be responsible or liable in any manner to the Consignor for any losses, damage, injuries, or expenses incurred by the Consignor as a result of any action taken by TBH where the Consignor has consented for the same.
    9. TBH shall be, in no manner liable to remit the Cash-on-Delivery (COD) that is to be received as payment by the Consignor in case of forcible snatching of the delivery package by the Consignee. Such incidents/cases shall be the sole responsibility of the Consignor and the Consignor is liable to initiate actions to resolve such incidents, if any, on its own, including but not limited to legal processes. The Consignor undertakes to resolve the disputes raised, if any, by the Consignee within a period of 24 hours from the raising of such dispute(s). Failure to do so shall authorise TBH to hold the COD remittance, till the time such dispute(s) is rectified by the Consignor.
    10. TBH shall not be liable for any delays, defaults or damages caused by any unforeseeable event not within reasonable control of TBH including but not limited to government restrictions, lockdowns, fire, earthquake, flood, epidemic, strike, lockout, riot, civil disturbance, war, civil commotion, act of God, act of terrorism, court orders, etc. (“Force Majeure Event”)

    4.7. Order cancellation and refund

    1. In case the order is cancelled by any party, due to any reasons whatsoever, either before the pick-up process is initiated by TBH or before the Consignment is dropped at Hub Location by the Consignor , TBH shall refund the payment in full made in respect of such Consignment within 7 (seven) days from the date of such cancellation.
    2. In the event that order is cancelled after the pick-up process is initiated or when the Consignment is at the source Hub Location, applicable charges in repect of such initiation of process, TBH’s charges and costs for reverse logistics shall be adjusted against the payment made (if any) and the remaining amount shall be refunded to the Consignor. In case of FOD (freight on delivery) orders, the Consignor shall be required to pay the applicable charges to TBH, post which the Consignment shall be returned to Consignor. In case the Consignor refuses to pay the amount, TBH reserves the right to withhold or auction off or dispose off the Consignment in any such manner that it may deem fit after 15 (fifteen) days from the date of such cancellation.
    3. In case order is cancelled after the Consignment is in transit between the source and the destination location, the Consignor shall bear both the forward and the reverse freight charge, TBH’s charges and costs for reverse logistics . In case the Consignor refuses to pay the amount in lieu of such freight charges, TBH reserves the right to withhold or auction off or dispose off the Consignment in any such manner that it may deem fit after 15 (fifteen) days from the date of such cancellation.
    4. In case of order cancellation, the Consignor shall be obliged to return the docket copy (or consignment note) to TBH, failing which TBH reserves the right to hold the custody of the Consignment.
    5. In case of order cancellation by TBH after pick-up of the Consignment, TBH may recommend any other logistics partner to fulfil the requirememt of the Consignor and if the same is rejected by the Consignor, the Consignor shall be entitled to a full refund.

  9. LINK TO THIRD PARTY WEBSITES
  10. The Platform may contain links to third party websites. We have no control over the content, offers and advertisements broadcasted on such websites. TBH allows users to access content, product as well as services linked to such third-party websites using hyperlink. Such hyperlink will re-direct the user(s) to the third-party websites. You should read the terms and conditions of these websites as well as their privacy policies before indulging in the content offered by such websites. Neither TBH, its affiliates, nor its officers, employees or agents shall be liable for any loss, damage or expense arising out of any access to, use of, or reliance upon any third-party website linked to Platform. TBH is not responsible for the content of any third-party websites and does not make any representations regarding the content or accuracy of material on such websites. If you decide to access links of any third-party websites, you are doing so entirely at your own risk and expense.

  11. INDEMNIFICATION AND LIMITATION OF LIABILITY

  12. 6.1. INDEMNITY

    To the extent permitted by applicable law, you agree to indemnify, defend and hold harmless Tata nexarc, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from and against any and all third- party claims, losses, liabilities, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Platform, violation of these Terms, or infringement of any intellectual property or other rights of Tata nexarc or any third-party, any prohibited items entering the network of TBH due to your act or omission, any defaults or errors in declarations and documentations provided by you, if any Consignment is seized by government authorities due to incomplete or improper documentation of TBH, if any default by you delays other shipments, or if any loss is caused to any other shipment loaded in the same vehicle due to wrongful declaration of the nature of your Consignment, etc. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and/or a third party, and you agree to cooperate, at your expense, with our defences of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.


    6.2. LIMITATION OF LIABILITY

    To the fullest extent permitted by law, in no event shall TBH or any of its directors, officers, employees, agents or service providers be liable to you for any direct, indirect, special, incidental, consequential, exemplary, special, remote or punitive damage, including, but not limited to damages for loss of profits, goodwill, use, data or other intangible losses arising from, or directly or indirectly related to, the use of, or the inability to use, Platform or the Services, materials and functions related thereto. Notwithstanding anything provided hereof, the aggregate liability of TBH for any such losses under law, contract or otherwise shall be limited to: (a) Rs 5,000/- (Rupees Five Thousand only) per docket note provided the same is claimed within 30 (thirty) days of handover of Consignment by the Consignor to the Logistics Partner; and (b) Rs.100/- (Rupees Hundred only), where the value of Consignment is declared by the Consignor as NCV (No Commercial Value).

    6.3. DISCLAIMER:

    We do not endorse any specific Logistics Partner. TBH is not performing any activity or job or providing service on behalf of the Consignor which is tantamount to seller or trader or retailer and or stockiest/distributor. The complete activity performed by TBH under this Agreement is based on specific instructions given by the Consignor as part of the scope defined and from time to time.

    No representation is made that the quality of the Services provided on Platform will be greater than the quality of services that may be available anywhere else. We implore all the Consignors to make their own independent investigation and evaluation before availing such services.

    TBH makes no warranty, including implied warranty, and expressly disclaims any obligation which may imply that: (a) the Services provided by TBH is and/ or will be complete, exhaustive, or suitable to your requirements; (b) Platform or the Services will meet your requirements or will be available on an uninterrupted, timely, secure, or error-free basis; and (c) the results that may be obtained from the use of Platform or Services will be reliable.

  13. CHARGED WEIGHT, FEES AND PAYMENTS

  14. 7.1. CHARGED WEIGHT

      For the purpose of this Agreement, including this clause, the following definitions shall apply:

      1. “Actual Weight” shall mean the Total dead weight of all the boxes contained in the Consignment.
      2. “Charged Weight” shall mean the weight calculated as the maximum of Actual Weight and Volumetric Weight subject to minimum Charged Weight
      3. “Volumetric Weight” shall mean the volume in cu. ft. multiplied by CFT factor as defined by TBH/Logistics Partner.

      For every Consignment, Consignor will be charged based on Charged Weight . Such weight referred to as Charged weight shall be rounded up to the next integer and will be displayed to the Consignor before confirmation of the order.

      Consignor shall provide accurate information about the Actual Weight, dimensions (length, breadth, and height) and unit of dimension to the best of their knowledge. In case the Consignment is packed in anything other than carton box, Consignor shall provide maximum length, breadth and height including the extension/protrusion along any of the edges. Any discrepancy arising may be adjusted and suitably charged by TBH to paying party.

      For calculation of Volumetric Weight, Actual Weight and dimensions provided by the Consignor shall be considered. Upon any change in either the weight or the dimension of the Consignment from what is provided by Consignor at any point during the entire transit of the Consignment from the source city to the destination city as confirmed by TBH, the charged weight and consequently the total freight will change, and such additional cost/price shall be borne by the paying party. Unless such additional cost/price are paid, TBH reserves the right to ‘hold the Consignment’ until the payment is made. If payment is not received within 15 days, TBH reserves the right to auction the Consignment to recover the costs or to dispose-off the Consignment in such manner as it may deem fit. This is without prejudice to the right of TBH to exercise any other legal remedy In cases of disputes arising from weight and dimension difference, the decision taken by TBH shall be final and has to be complied with by the paying party under all circumstances.

    In addition to these Terms, you will also ensure that you are in compliance with the terms and conditions of the Agreement (including but not limiting to Platform Terms).


    7.2. PAYMENTS

    1. The Consignor hereby agrees that the applicable shipping rate will be charged as per the current prevailing rate displayed on the Platform during order booking. In case there is any change in the order, additional applicable charges shall be payable. The sums due and payable to TBH may be adjusted by TBH at its sole discretion against any sums owed to the Consignor.
    2. Goods and Service tax and other taxes are applicable as per taxation law.
    3. For any claims by the Consignor, like wrong freight being applied, Cash on Delivery missing, pilferage, in transit damage, the copy of the docket (or consignment note) against which the Logistics Partner has received the Consignment has to be submitted along with the claim request, goods invoice and POD with appropriate remarks in case of pilferage and in-transit damage. In the absence of the docket , the claim and request shall be deemed to be invalid.
    4. In case of “Paid/Pay at source” Consignment the Consignor shall pay the freight and other charges at the time of booking the Consignment and in case of Freight on Delivery (“FOD” or “To-Pay” or “Pay at destination) or Cash on delivery (“COD”) the Consignee shall pay the freight and other charges at the time of Delivery of the Consignment.
    5. In case of “Paid/Pay at source” Consignment, Consignor shall pay the freight and other charges via online digital payment options provided by TBH to TBH’s designated account only. In case of Freight on Delivery (“FOD”) (To Pay) (Pay at destination) or COD Consignment, the Consignee shall pay the freight and other charges or the COD/DOD (Cash on Delivery/Cheque on Delivery/Demand draft on Delivery) charges in full to TBH via the payment modes accepted by TBH, as the case may be.
    6. TBH shall have a right to general lien over all the Consignments for all sums due and payable to TBH hereunder, whether for prior or ongoing shipment(s).
    7. Terms of Payment for Prepaid Accounts: Consignor shall be responsible to verify the invoices and inform TBH within 5 (five) working days in case of any disputes regarding the contents of the invoice.
    8. Consignor shall not circumvent any technical measure or bypass the Platform in any manner to directly approach the Logistics Partner or use Platform to request, make or accept a service from the Logistics Partner independent of the Platform, to circumvent any fees in any manner or for any other reason.
    9. TBH reserves the right to de-activate the account of the Consignor at any time without prior notice and without providing reasons on account of breach of any agreed terms. In such cases, the wallet money/balance amount, if any, shall be refunded to the Consignor on their registered accounts only, after deducting the outstanding liabilities prior to the de-activation of the account.
    10. Consignor shall be bound by the cancellation and refund policies available on the Platform for the Services availed by it via the Platform.

  15. MISCELLANEOUS
  16. In addition to these Terms, you will also ensure that you are in compliance with the terms and conditions of the Agreement (including but not limiting to Platform Terms).

  17. GRIEVANCE REDRESSAL
  18. You may submit any grievance with respect to Platform or the Services, including any complaints or grievances with respect to access or usage of Platform in violation of these Terms by any person, to the grievance officer, appointed under the Platform Terms.

5. FEES AND TAXES

You agree to pay for all Services in accordance with the plan for which you subscribe with respect to the functionality or associated services and number of Authorized Users means the different pricing plan(s) published on the Platform ("Subscription Plan"). All fees due shall be payable in advance in accordance with the Subscription Plan, are non-cancelable and the sums paid are nonrefundable unless required under the applicable law, provided however, no refunds will be provided for partially unused months. You shall be solely liable to discharge the applicable taxes to the local tax jurisdiction in the prescribed time limit.

"Subscription Fee" means fee corresponding to the Subscription Plan selected by you or on your behalf and fee for overages, if any. Subscription Fees are inclusive of all applicable Sales, Use, GST or any tax of similar nature that shall be payable in addition to the fees from the User.

If any taxes are required by law to be withheld on payments made by you to us, you are obliged to gross up, compute and pay appropriate taxes equivalent to the taxes to be withheld to the prescribed authority in which case the sum payable by you will be increased to the extent necessary to ensure that, after making such deduction or withholding, we receive and retain (free from any liability in respect thereof) a net sum equal to the sum it would have received but for such deduction or withholding being required. You agree to indemnify, defend and hold us harmless for any claims, causes of action, costs (including, without limitation, reasonable attorneys' fees) and any other liabilities of any nature whatsoever for failure to withhold and pay such taxes.

This tax section shall govern the treatment of all Taxes arising as a result of or in connection with this Terms of Use notwithstanding any other section or any other document included in this Terms of Use.

When ordering directly through the Platform, You may pay the Subscription Fees through your credit card, or other accepted payment method, if any, as may be specified on the Platform. You hereby authorize third party payment processing service provider to bill your credit card or account for your subscription to the Services (and any renewal thereof) on our behalf. You are responsible for paying for the entire  Subscription Term whether or not actively used. "Subscription Term" means the initial or renewal period of the subscription to use the Services as set out in the invoice generated after payment of the Subscription Fee for the selected Subscription Plan.

We may use a third party service provider to manage credit or debit card and other payment processing provided that such service provider is not permitted to use your payment account information except to process your credit card, debit card and/or other payment information for us. The third party service provider may require you to open an account with it in accordance with its terms and conditions and applicable policies, including but not limited to, privacy policies, for payment processing for your subscription (and any renewal thereof). You must update your account with the third party payment processing service provider of any change in your credit card, debit card or other payment account information to ensure continuity of Services. Use of third party payment processing services is provided for your convenience and you agree that their use by you shall be subject to respective terms and conditions and applicable policies of such third party payment processing service providers. The information regarding such service providers utilized by us and their terms of use can be accessed from  here on the Platform.

You may upgrade within a Subscription Plan or between two Subscription Plans or subscribe to an additional Subscription Plan. When you upgrade or subscribe to an additional Subscription Plan, the new Subscription Fee become immediately applicable and payable. Upon upgrade, the new Subscription Fee for the subsisting month would be charged as stated on the Platform at the time of requesting the upgrade or addition of authorized users and your credit card, debit card or other payment account will be charged automatically. Subsequent months will be charged in full according to the new Subscription Fees.

6. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Platform is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Platform (collectively, the "Content" ) and the trademarks, service marks, and logos contained therein (the "Marks" ) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights of India, foreign jurisdictions and international conventions. The Content and the Marks are provided on the Platform "AS IS" for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Platform and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Platform, you are granted a limited license to access and use the Platform and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Platform, Content and the Marks.

7. USER REPRESENTATIONS

By using the Platform, you represent and warrant that:

  1. All registration information you submit will be true, accurate, current, and complete.
  2. You will maintain the accuracy of such information and promptly update such registration information as necessary.
  3. You have the legal capacity and you agree to comply with these Terms of Use.
  4. You are not under the age of 18 or a minor in the jurisdiction in which you reside.
  5. You will not access the Platform through automated or non-human means, whether through a bot, script or otherwise, and
  6. You will not use the Platform for any illegal or unauthorized purpose.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Platform (or any portion thereof).

8. USER REGISTRATION AND SECURITY

You may be required to register with the Platform in order to avail a range of services. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and any other non-public account information. You shall be responsible for all activity occurring under Your control and/or through Your user accounts and Your information systems used to access the Services, and ensure that You and Your Authorized Users abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with the Use of the Platform, including those related to data privacy, international communications, export and the transmission of technical or personal data. You shall employ all physical, administrative and technical controls, screening and security procedures and other safeguards necessary to securely administer the distribution and use of all access credentials and protect against any unauthorized Use of the Platform, for the security of its information systems used to Use the Platform and/or the Services and for its Authorized Users' compliance with the terms of this Agreement, including without limitation, that the access credentials to Use the Platform are not shared or used by more than one individual (unless such license is reassigned in its entirety to another Authorized User, in which case the prior Authorized User shall no longer have any right to access or use the Platform). You shall designate one or more account administrators. Account administrators shall be responsible for managing user access, including adding and subtracting Authorized Users, placing orders, enabling subscription plans, etc. You are responsible for understanding the setting and control and whom you allow to become Administrators and any actions they take. You acknowledge and agree that it is prohibited from sharing passwords and/or user names. You must promptly notify our customer support team about any possible misuse of your accounts or authentication credentials or any security incident related to the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

9. PROHIBITED ACTIVITIES

You may not access or use the Platform for any purpose other than that for which we make the Platform available. The Platform may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

As a user of the Platform, you agree not to:

  1. Systematically retrieve data or other content from the Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  2. Make any unauthorized use of the Platform, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
  3. Use a buying agent or purchasing agent to make purchases on the Platform.
  4. Use the Platform to advertise or offer to sell goods and services.
  5. Circumvent, disable, or otherwise interfere with security-related features of the Platform, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Platform and/or the Content contained therein.
  6. Engage in unauthorized framing of or linking to the Platform.
  7. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  8. Make improper use of our support services or submit false reports of abuse or misconduct.
  9. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  10. Interfere with, disrupt, or create an undue burden on the Platform or the networks or services connected to the Platform.
  11. Attempt to impersonate another user or person or use the username of another user.
  12. Sell or otherwise transfer your profile.
  13. Use any information obtained from the Platform in order to harass, abuse, or harm another person.
  14. Use the Platform as part of any effort to compete with us or otherwise use the Platform and/or the Content for any revenue-generating endeavour or commercial enterprise.
  15. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Platform.
  16. Attempt to bypass any measures of the Platform designed to prevent or restrict access to the Platform, or any portion of the Platform.
  17. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Platform to you.
  18. Delete the copyright or other proprietary rights notice from any Content.
  19. Copy or adapt the Platform's software.
  20. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Platform or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Platform.
  21. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
  22. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Platform, or using or launching any unauthorized script or other software.
  23. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Platform. or
  24. Use the Platform in a manner inconsistent with any applicable laws or regulations.

10. USER GENERATED CONTRIBUTIONS

The Platform may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Platform, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions" ). Contributions may be viewable by other users of the Platform and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

  1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret or moral rights of any third party.
  2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Platform, and other users of the Platform to use your Contributions in any manner contemplated by the Platform and these Terms of Use.
  3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Platform and these Terms of Use.
  4. Your Contributions are not false, inaccurate, or misleading.
  5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).
  7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  8. Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
  9. Your Contributions do not violate any applicable law, regulation, or rule.
  10. Your Contributions do not violate the privacy or publicity rights of any third party.
  11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual manner.
  12. Your Contributions do not violate any law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
  13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap.
  14. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
  15. Any use of the Platform in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Platform.

11. CONTRIBUTION LICENSE

By posting your Contributions to any part of the Platform, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights, or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Platform. You are solely responsible for your Contributions to the Platform and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Platform; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

12. GUIDELINES FOR REVIEWS

We may provide you areas on the Platform to leave reviews or ratings. When posting a review, you must comply with the following criteria:

  1. You should have first-hand experience with the person/entity being reviewed.
  2. Your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language.
  3. Your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability.
  4. Your reviews should not contain references to illegal activity.
  5. You should not be affiliated with competitors if posting negative reviews.
  6. You should not make any conclusions as to the legality of conduct.
  7. You may not post any false or misleading statements, and
  8. You may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

13. MOBILE APPLICATION END-USER LICENSE

Use License

If you access the Platform via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use. You shall not:

  1. Decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application.
  2. Make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application.
  3. Violate any applicable laws, rules, or regulations in connection with your access or use of the application.
  4. Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application.
  5. Use the application for any revenue generating endeavour, commercial enterprise, or other purpose for which it is not designed or intended.
  6. Make the application available over a network or other environment permitting access or use by multiple devices or users at the same time.
  7. Use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application.
  8. Use the application to send automated queries to any website or to send any unsolicited commercial e-mail, or
  9. Use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

14. SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Platform ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

15. THIRD-PARTY WEBSITES AND CONTENT

The Platform may contain (or you may be sent via the Platform) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content").

  1. Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Platform or any Third-Party Content posted on, available through, or installed from the Platform, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.
  2. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us.
  3. If you decide to leave the Platform and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Platform or relating to any applications you use or install from the Platform.
  4. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

16. PLATFORM MANAGEMENT

We reserve the right, but not the obligation, to:

  1. Monitor the Platform for violations of these Terms of Use.
  2. Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities.
  3. In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof.
  4. In our sole discretion and without limitation, notice, or liability, to remove from the Platform or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems, and
  5. Otherwise manage the Platform in a manner designed to protect our rights and property and to facilitate the proper functioning of the Platform.

17. PRIVACY POLICY AND DATA

We care about data privacy and security. Please review our  Privacy Notice. By using the Platform, you agree to be bound by our Privacy Notice, which is incorporated into these Terms of Use.

Please be advised the Platform is hosted in India. If you access the Platform from the European Union, United States, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in India, then through your continued use of the Platform or Services, you are transferring your data to India, and you expressly consent to have your data transferred to and processed in India.

18. COPYRIGHT INFRINGEMENTS

We respect the intellectual property rights of others. If you believe that any material available on or through the Platform infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a"Notification"). If you are not sure that material located on or linked to by the Platform infringes your copyright, you should consider first contacting an attorney.

19. TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Platform or as long as our content is protected by applicable intellectual property rights law, as applicable. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE PLATFORM (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE PLATFORM OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT NOTICE, IN OUR DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

20. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Platform at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Platform. We also reserve the right to modify or discontinue all or part of the Platform without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Platform.

We cannot guarantee the Platform will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Platform, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Platform at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Platform during any downtime or discontinuance of the Platform. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Platform or to supply any corrections, updates, or releases in connection therewith.

21. GOVERNING LAW

These Terms of Use and your use of the Platform are governed by and construed in accordance with the laws of India, without regard to its conflict of law principles.

22. DISPUTE RESOLUTION - ARBITRATION

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a "Dispute") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least ninety (90) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration in accordance with the Arbitration and Conciliation Act, 1996, as amended, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. Each Party shall nominate and appoint a competent arbitrator. The two nominee arbitrators shall jointly appoint the third arbitrator who shall be the chairman of the arbitration panel.

Exceptions to Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration:

  1. Any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party.
  2. Any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use, and
  3. Any claim for injunctive relief.
Subject to this clause 21, Disputes arising from or relating to this Platform shall be subject to the exclusive jurisdiction of courts at Mumbai, India.

23. CORRECTIONS

There may be information on the Platform that contains typographical and other errors, inaccuracies, or omissions that may relate to the Platform, including descriptions, pricing, availability and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Platform at any time, without prior notice.

24. DISCLAIMER

THE PLATFORM IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE PLATFORM SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE PLATFORM'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS PLATFORM AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED HEREIN, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

25. LIMITATION OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

26. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of:

  1. Your Contributions.
  2. Use of the Platform.
  3. Breach of these Terms of Use.
  4. Any breach of your representations and warranties set forth in these Terms of Use.
  5. Your violation of the rights of a third party, including but not limited to intellectual property rights, or
  6. Any overt harmful act toward any other user of the Platform with whom you connected via the Platform. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defines of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

27. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Platform, sending us emails, and completing online forms constitute electronic communications. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Platform, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE PLATFORM, SUBJECT TO APPLICABLE LAW.

28. MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Platform constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law.

We may assign any or all of our rights and obligations to others at any time.

We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Platform.

You agree that these Terms of Use will not be construed against us by virtue of having drafted them.

Subject to applicable law, you hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

29. CONTACT US

In order to resolve a complaint regarding the Platform or to receive further information regarding use of the Platform, please contact us at support@tatanexarc.com.

30. GRIEVANCE REDRESSAL

You may submit any grievance with respect to Platform or the Services to Tata nexarc Grievance officer , including any complaints or grievances with respect to access or usage of Platform in violation of these Terms by any person, the Grievance officer details are -:

Name- Hem Chand Malkani

Designation- Grievance officer

E-mail-  grievance-officer@tatanexarc.com.

31. ANNEXURE A

PART I

The Parties agree and acknowledge the lists mentioned here in below are non-exhaustive in nature.

INDICATIVE LIST DANGEROUS GOODS:

  1. Oil-based paint and thinners (flammable liquids)
  2. Industrial solvents
  3. Insecticides, garden chemicals (fertilizers, poisons)
  4. Lithium batteries
  5. Magnetized materials
  6. Machinery (chain saws, outboard engines containing fuel or that have contained fuel)
  7. Fuel for camp stoves, lanterns, torches or heating elements
  8. Automobile batteries
  9. Infectious substances
  10. Any compound, liquid or gas that has toxic characteristics
  11. Bleach
  12. Flammable adhesives
  13. Arms and ammunitions (including air guns)
  14. Dry ice (Carbon Dioxide, Solid)
  15. Any Aerosols, liquids and/or powders or any other flammable substances classified as Dangerous Goods for transport.

RESTRICTED ITEMS:

  1. Precious stones, gems and jewellery
  2. Uncrossed (bearer) drafts / cheque, currency and coins
  3. Poison
  4. Firearms, explosives and military equipment.
  5. Hazardous and radioactive material
  6. Foodstuff and liquor
  7. Any pornographic material
  8. Hazardous chemical items
  9. Counterfeit, contrabands or Fraudulent Products/shipments
  10. any other items restricted under applicable laws

PART II

TBH has a zero-tolerance policy with respect to counterfeit, contrabandsor fraudulent products/shipments (including products/shipments which are misrepresented in their origin or quality, or which are fake, cloned, duplicate or likewise products/shipments). Accordingly, in the event TBH believes that you or any of your customer or consignor are shipping/selling (or have shipped) counterfeit or fraud product/shipment (including any counterfeit electronic product, not limited to mobile phones, smart watches and likewise products), TBH would inter-alia have the right:

  1. to seize such product/shipment,
  2. to report the incident to the appropriate government authority/police station
  3. to blacklist you from trading/doing business with TBH
  4. to levy liquidated damages of upto Rs. 10,000 per counterfeit/fraud shipment (amount and counterfeit/fraud shipment to be decided by TBH at its sole discretion) and applicable GST amount on said damages, on account of estimated legal expenses which will be spent by TBH or actual expenses in case the actual amount exceeds the above threshold of Rs.10,000/-,
  5. to levy liquidated damages of upto Rs. 1,00,00,000 (and applicable GST amount on said damages) on you (amount to be decided by TBH at its sole discretion) on account of causing reputational and goodwill loss to TBH,
  6. to seize all the products of yours lying with TBH and also to dispose such products (without any intimation to you) after a period of 90 days from the date of seizure

SHIPPING NON-ESSENTIAL ITEMS IN GOVERNMENT PROHIBITED AREAS

In the event TBH believes that you are shipping (or have shipped) non-essential items/products in the restricted/prohibited area (such as red and containment zone/area, as declared by the Central or the relevant State Governments of India), then TBH would inter-alia have the right to levy penalty or liquidated damages on you of Rs. 10,000 per shipment (along with applicable GST amount) on account of estimated legal expenses which will be spent by TBH and for causing of reputational and goodwill loss to TBH, or the actual damages/losses/expenses in case the actual amount exceeds the above minimum threshold of Rs.10,000/-, as may be determined at the sole discretion of TBH.

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