Terms of Use

Introduction

This Website [www.coalmandi.in] (the "Website") and/or Mobile Application (the "App") is owned and operated by TY Trade Technologies Pvt. Ltd. (hereinafter referred to as "Coal Mandi," "we," "us," or "our"). Collectively, the Website and the App are referred to as the "Platform."

These Terms of Use ("Terms/Agreement") govern your access to, visit, and use of the Platform, whether via computer, mobile device, or any other means, and apply to all information, listings, and services provided to you through the Platform. This document constitutes an electronic record under the Information Technology Act, 2000, and rules made thereunder, and does not require physical or digital signatures.

By registering on, installing, accessing or using the Platform, you acknowledge that you have read, understood, and agreed to be bound by these Terms. If you do not agree to any part of these Terms, you must not use the Platform or access any of its services. Your acceptance of these Terms form a binding agreement between you and Coal Mandi regarding your use of the Platform.

Definitions

About the Platform

At Coal Mandi, our aim is to streamline the coal trading process by providing a user-friendly digital platform that connects sellers, buyers and traders. We focus on simplifying the buying and selling of coal through an efficient e-commerce solution. Using advanced search algorithms and data analytics, we ensure that buyers and suppliers are matched reliably and in a timely manner. We place transparency and reliability at the core of our platform, supporting a seamless trading experience. Coal Mandi strives to make coal trading simple, fast, and efficient for all users.

Eligibility

The Platform is intended for use by individuals and entities who are legally capable of entering into Agreements under Applicable Laws. Users must meet the minimum age requirement of 18 years to access or use the Platform and its services.

If you are under 18, you shall use the Platform only with the consent and supervision of your parent or legal guardian, who must agree to these Terms of Use and the Privacy Policy on your behalf.

By accessing or using the Platform, you confirm that you meet all eligibility requirements. Coal Mandi reserves the right to restrict or terminate access if a User is found not to meet these requirements.

Account Registration and Subscription

Access to certain features of the Platform is available only to Registered Users. The right to use the Platform services is personal to the Registered User and its authorized representatives and is non-transferable to any other person or entity.

Coal Mandi reserves the right to offer registration with or without any fee or subscription charges, as may be specified on the Platform from time to time. Coal Mandi further reserves the right, at its sole discretion, to introduce new services for additional fees, revise or amend fees for existing services, or modify pricing and payment terms at any time.

Links to Third-Party Sites

The Platform may contain links to third-party websites or services for convenience. Coal Mandi does not control these third-party sites and is not responsible for their content, privacy practices, or any goods or services they offer.

Users are encouraged to review the terms, privacy policies, and other applicable rules of any third-party sites before using them. By accessing such sites, you acknowledge that they are not under Coal Mandi's control, and that Coal Mandi is not liable for any content, transactions, or interactions on those sites.

Monitoring

Coal Mandi reserves the right to monitor the Platform, including Registered User accounts, and to review, edit, or remove any content to ensure compliance with these Terms of Use and Applicable Laws.

Facilitating Transactions and Responsibilities of Registered Users

Payments and Taxes

Coal Mandi may charge fee from Registered Users for using the Platform or its services. All such fees are collected through a third-party payment aggregator.

Any taxes, levies, or duties arising from the transaction shall be borne by the Buyer and Seller, as applicable, and Coal Mandi shall have no responsibility for such tax obligations.

Prohibited Actions

You agree that any actions of the following nature are prohibited and constitute a material breach of these Terms. You agree not to:

• Use the Site or Content for any unlawful purpose or in violation of local, state, national, or international laws, regulations, or codes.
• Violate any code of conduct, community guidelines, or other applicable policies relating to the Site or Content.
• Take any action that places an unreasonable or disproportionately large load on Coal Mandi infrastructure, disrupts the Services, or restricts other users from accessing or enjoying the Site.
• Use unauthorized framing or linking, or access the Content through automated devices, bots, crawlers, scrapers, scripts, or similar technologies.
• Aggregate, copy, duplicate, publish, or otherwise make available any Content outside the Site or Services, except as expressly permitted in these Terms.
• Defame, harass, stalk, threaten, or otherwise violate the legal rights of others, or impersonate any individual or entity.
• Upload, transmit, or distribute files containing viruses, malware, corrupted files, or any other harmful software.
• Remove, falsify, or alter any author attributions, copyright notices, or proprietary designations indicating origin or source.
• Engage in any conduct that could expose Coal Mandi or any third party to liability or harm of any kind.

Fraudulent Practices

Coal Mandi reserves the right to investigate and take appropriate action against any User engaged in fraudulent practices, including suspension, termination of accounts, and initiation of legal proceedings.

Disclaimer and Warranties

You agree that Coal Mandi is merely an electronic platform to facilitate the aggregation of Buyers, Sellers and Traders of coal and does not in any manner provide coal supply, transportation, trading services, or guarantee the creditworthiness, reliability, or actions of the Registered Users on the Platform. Coal Mandi does not endorse, advise, or recommend You to engage in transactions with any Buyer, Seller or Trader on the Platform.

Except as expressly stated in a written agreement between You and Coal Mandi, all information, content, and materials provided on the Platform are made available on an "as is" and "as available" basis. Coal Mandi expressly disclaims all warranties of any kind, whether express or implied.

You acknowledge and agree that Your access to and use of the Platform is at Your sole risk. You assume full responsibility for any transactions, sales, or interactions conducted via the Platform.

Representations and Warranties

Users using the Platform represent and warrant that any information, documents, or data they provide are true, accurate, and complete. Users further represent that they have the legal right, capacity, and authority to enter and comply with this Agreement.

Users confirm that they hold all necessary permits, licences, approvals, and authorisations required under Applicable Laws to engage in any activity, transaction, listing, purchase, sale, or use of the Platform.

Coal Mandi does not make any representations or warranties regarding the performance, conduct, capability, or compliance of any party. All representations and warranties relating to the transaction are made solely by the Buyer and Seller/Trader to each other.

Intellectual Property Ownership

Coal Mandi alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Platform, Application, product, Service, text, graphics, user interfaces, visual interfaces, photographs, trademarks, copyrights, logos, sounds, music, artwork, and computer code.

These Terms do not constitute a sale and do not convey to You any rights of ownership in or related to the Site, the Application or the Service, or any intellectual property rights owned by Coal Mandi. You shall be solely responsible for any violation of any laws and for any infringements of any intellectual property rights caused by use of the Services.

Compliance with Laws

Customers on the Platform shall comply with all Applicable Laws, rules, and regulations related to the sale, storage, and transportation of coal, including safety, licensing, and statutory requirements.

Sellers/Traders must hold valid licences, permits, and authorisations required under the Mines and Minerals (Development and Regulation) Act, 1957 (MMDR Act) and other Applicable Laws to sell or trade any goods on the Platform. Buyers/Traders must also possess all requisite licences or permits required to purchase or deal in such goods.

Customer Responsibility

All transactions between parties on the Platform are based solely on the representations made by the parties to each other. Customers are responsible for providing accurate information, verifying their Orders, making timely payments, and ensuring that they hold all licences, permits, and approvals required under Applicable Laws for the selling, purchase, transport, handling, or use of coal.

Coal Mandi shall not be responsible or liable for any loss, damage, or claims arising from non-compliance by any party, fraudulent activities, errors, omissions, or disputes between parties.

Limitation of Liability

Coal Mandi, as an intermediary platform, does not act as a party to any transaction between Buyers and Sellers. To the fullest extent permitted by law, neither Coal Mandi nor its affiliates, subsidiaries, officers, directors, employees, or representatives shall be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, goodwill, data, or other intangible losses arising out of or in connection with the use of the Platform, its services, or content.

Users agree to waive, release, and hold harmless Coal Mandi and its related parties from any claims, losses, liabilities, or expenses resulting from their use of the Platform.

Coal Mandi is also not responsible for any failure or delay in performance due to events beyond its reasonable control, including but not limited to government actions, natural disasters, acts of terrorism, strikes, power failures, or Internet outages.

Force Majeure

We shall not be liable for any failure to perform any obligations under these Terms, if the performance is prevented, hindered or delayed by a Force Majeure Event. In such case our obligations under these Terms shall be suspended for so long as the Force Majeure Event continues.

Indemnification

By accepting these Terms and using the Service, You agree that You shall defend, indemnify and hold Coal Mandi, its affiliates, their licensors, and each of its officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with:

• aYour violation or breach of any term of these Terms or any Applicable Laws or regulation.
• bYour violation of any rights of any third party, including the third-party service providers.
• cYour use or misuse of the Application or Service, including any disputes, claims, or complaints made by Buyers/Sellers/Traders or other Users.

Term and Termination

These terms shall remain valid and binding from the moment the User accesses the Platform and continues for as long as the User accesses or uses the Platform and its Services.

A Registered User may terminate the agreement at any time by deleting their account, which will immediately disable their access to the Platform and Services. However, if any transaction is ongoing at the time of account deletion, the Registered User shall remain responsible for completing all obligations related to such transaction.

Coal Mandi may terminate or suspend a Registered User's account at any time, with immediate effect, if the User breaches any term of these Terms of Use, or misuses the Platform or Services. Provisions regarding Indemnification, Limitation of Liability, Intellectual Property, and Governing Law shall survive termination.

Governing Law and Dispute Resolution

Any dispute, claim, or controversy arising out of or relating to these Terms, including their breach, termination, enforcement, interpretation, or validity, shall first be attempted to be resolved amicably through negotiation and consultation between the parties.

If the dispute is not resolved internally within thirty (30) days of such negotiation in good faith, the parties agree that such Disputes shall be subject to the exclusive jurisdiction of the courts in Rourkela, Odisha, India.

Notices

Coal Mandi may give notice by means of a general notice on the Platform, by electronic mail to your registered email address, by a message sent to your registered mobile number, or by written communication delivered to the address available in your Coal Mandi account records.

Modification of Terms of Use

Coal Mandi may, in its sole and absolute discretion, change or modify these Terms of Use and any policies which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Platform. Your use of this Platform after such changes or modifications have been made shall constitute your acceptance of these Terms of Use as last revised.

Severability

If any provision of these Terms of Use is held to be illegal, invalid, or unenforceable under the laws of any jurisdiction, such provision shall be severed or limited to the minimum extent necessary, and the remaining provisions of these Terms of Use shall continue in full force and effect, remain binding, and enforceable.