These terms and conditions (“Terms”) govern the use and access of Buy Business, 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 ( “Customer”, “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 to 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. GENERAL TERMS AND CONDITIONS:

1.1. These Terms & Conditions ( “Terms” ) shall form part of the Proforma Invoice, Tax Invoice and e-invoice issued from GST portal ( “Invoice” ) issued to the Customer by TBH.

1.2. TBH shall ensure either by itself or through its network of suppliers, agents or any other third parties ( “Supplier” ) – a) Transit insurance till Delivery; b) Quality and Quantity adherence.

1.3. For the purposes of these Terms: “Delivery” shall mean tender of shipment or conveyance of the Product to the Customer at the location designated by the Customer. “Products” shall mean the goods and services specified in the Products and Specifications section of the Invoice and as maybe displayed on the platform.

1.4. The Customer agrees and acknowledges – a) the Products supplied by Supplier to Customer via the TBH is on “SAID TO CONTAIN BASIS” and all sales are undertaken on bill-to-ship model. b) TBH shall be under no obligation and is not expected to verify the contents or condition of the Products being shipped by the Supplier pursuant to an order placed by the Customer. c)TBH shall not be liable for any inaccuracy or deficiency in the Products or for any deficiency in the declaration. d) TBH shall not be responsible for any consequential loss, freight refund etc. in case any Products are held up by any statutory authority e) TBH shall have a right to general lien over all the Products for all sums due and payable to TBH hereunder, whether for prior or ongoing shipment(s). f) In the event any shipment contains fraudulent or prohibited items as specified under any applicable laws, TBH would inter-alia have the right to retain custody of such shipment (including opening and inspecting of shipment of such Products).

1.5. These Terms shall be applicable for each, and every order placed by the Customer with TBH. The Customer hereby agrees and acknowledges that the act of placing an order constitutes the Customer's deemed acceptance of these Terms, without the need of mentioning them separately in each Invoice by TBH, and it shall be construed as if such Terms were mentioned in the Invoice by TBH.

2. TERMS GOVERNING CUSTOMERS PLACING ORDERS:

2.1. In case there is any change in the order, additional applicable charges shall be payable by the Customer. The sums due and payable to TBH may be adjusted by TBH at its sole discretion against any sums owed to the Customer (if any).

2.2. Customer agrees that the details provided by it to TBH under its PO shall be used for issuance of the Invoices as the billing and shipping address. In the event the address provided by the Customer under its PO is not updated with the GST authority and due to which the GST input is not claimed, or any risk arises out of such mismatch, then Customer shall be solely liable for the same and TBH shall not bear any risk or charges for the same.

2.3. Customer acknowledges that there may be upto 5% deviation for Steel products (where deviation may refer to excess or deficit supply) from agreed quantity requirement between the Parties. Such deviations shall be deemed to be the accepted level of deviation for which TBH may at its sole discretion may either issue refund for any excess payments made by Customer or charge Customer for any additional quantity supplied, as the case may be. Further, the Customer agrees and accepts that such deviation and/or variation shall not be construed as a breach of the Terms.

2.4. TBH may at its sole discretion and based upon its credit assessment offer credit term to certain Customers subject to furnishing a security which may include cheques, bank guarantee, letter of credit, corporate guarantee ( “Security Cover” ). The Customer shall be responsible for ensuring that the Security Cover has been successfully handed to TBH’s custody. In case the Customer provides a cheque to TBH, it shall be payable basis the credit terms mentioned in the Invoice and TBH shall have the rights to present the said cheque for encashment, failing which TBH shall be entitled to take appropriate actions including but not limited to seizure of the Products, termination, blacklisting the Customer, etc. Further, in the event of any delays in payments beyond the due date then the Customer shall be liable to pay delayed interest as a penalty from the date of default till the date of actual payment, provided, that such delayed interest shall be proportionate to the period of delay in payment and shall be charged as per the below mentioned slabs:

Delay in Payment	Charges for Delayed Interest to be charged monthly
Between 0-15 days	1.5% interest rate
More than 15 days	3% interest rate

It being clarified that in case the Customer has made a delay of more than fifteen (15) days in making the payment, the delayed interest charges of 3% shall be levied from the date of default till the date of actual payment.

2.5. Notwithstanding anything contained under these Terms, the delayed interest charges shall be without prejudice to the other rights of TBH which includes recourse to remedies under the applicable laws against the Customer. Customer agrees that any payments made to TBH will be mapped against the over-due Invoices in a first in first out ( “FIFO” ) manner – i.e., any payment made will be tagged to Invoices with the earliest due dates and so on.

3. SALE CONSIDERATION:

3.1. In the event the Customer does not pay the RTO cost as applicable or refuses to accept the Products within fifteen (15) days of request made by TBH, TBH reserves the right to auction the Products and recover costs or to dispose-off the Products in such manner as it may deem fit. This is without prejudice to the right of TBH to exercise any other legal remedy available under these Terms or applicable laws.

3.2. There shall be no additional transport costs payable by the Customer. The applicable shipping rate will be charged as per the current prevailing rates displayed during order placement.

3.3. Taxes shall be levied as per the applicable laws at the time of Invoice, including but not limited to GST.

4. MANNER OF DISPATCH:

The Products shall be dispatched within one (1) week from the date of receipt of full payment, if purchased on advance or from the date of receipt of Security Cover, if purchased on credit terms.

5. DELIVERY/PROOF OF DELIVERY:

5.1. Orders must be accepted by the Customer in the form of Lorry Receipt or by signing the Invoice.

5.2. Upon issuance of a Purchase Order ( “PO” ) by the Customer, there shall be no provision for refund or cancellation. Further, the Customer shall be solely liable for any errors in the specifications and requirements for goods and services ordered under a relevant PO.

5.3. In case of order cancellation by TBH after confirmation, TBH may recommend any other supplier to fulfil the requirement of the Customer. Cancellation may be permitted only in the event there is quality/ quantity mismatch, or a mismatch from the technical and process specifications as agreed at the time of placing the order request and Customer has raised this grievance within stipulated timelines.

5.4. In the event the Customer: (a) refuses to accept the Delivery of the Product due to any reason; (b) is not available at the designated location on working days and within office hours, the Products may be returned at the expense of the Customer along with additional charges for the same.

5.5. Customer shall ensure – a) quality and quantity adherence before signing the lorry receipt, Proof of Delivery ( “POD” ), etc. No claims shall be raised by the Customer once the POD has been signed without any remarks for defect/damage/deficit supply etc., b) it does not place an order for any illegal or prohibited items and shall immediately inform TBH in the event any Products proposed to be supplied by TBH are unlawful, infringing, hazardous, dangerous, prohibited, misleading or restricted. c) it verifies the Invoices and inform TBH within 5 (five) working days in case of any disputes regarding the contents of the Invoice. d) it does not circumvent TBH to directly approach the Supplier or accept a service from the Supplier independent of TBH, to circumvent any fees in any manner or for any other reason.

5.6. The Products shall be delivered to a designated location as requested by the Customer at the time of placing the order. In case of change in destination, the fees, charges or freight for transport of the Products shall change and any additional costs in this regard shall have to be borne by the Customer and shall be adjusted by raising a credit note/debit note for such difference in amounts.

6. INSURANCE/DAMAGE/CLAIMS

For any claims by the Customer in relation to the Products, the required documentation is to be submitted along with the claim request, Invoice and POD with appropriate remarks in case of pilferage and in-transit damage. In the absence of the docket, the claim and request of the Customer shall be deemed to be invalid.

7. WARRANTIES

7.1. TBH makes no warranty regarding the quality, reliability, suitability, completeness, availability, usability, fitness of the Products provided by TBH or Products supplied by Supplier or of the results arising from the use of such Products.TBH shall not be liable for any claims raised by the Customer, in the event – i) the outer packaging done by Supplier is intact and not tampered with at the time of delivery; ii) no complaint has been lodged in writing at the point of delivery or no report of loss has been made through relevant remarks on the POD; iii) the claim is raised post-delivery without clearly recording the grievance on POD

7.2. TBH shall not be liable for any claims raised by the Customer, in the event –
    i) the outer packaging done by Supplier is intact and not tampered with at the time of delivery;
    ii) no complaint has been lodged in writing at the point of delivery or no report of loss has been made through relevant remarks on the POD;
    iii) the claim is raised post-delivery without clearly recording the grievance on POD

7.3. TBH shall not be responsible or liable in any manner to the Customer for any loss, damages, injuries or expenses incurred by the Customer as a result of any action taken by TBH with prior consent of the Customer.

7.4. TBH shall not be liable for any delays, defaults or damages caused by any unforeseeable event not within reasonable control of TBH.

7.5. TBH does not endorse any specific Supplier nor is it providing service on behalf of the Supplier which is tantamount to seller or trader or retailer and or stockiest/distributor. The complete activity performed by TBH under these Terms is based on specific instructions given by the Customer as part of the scope defined and from time to time.

7.6. In no event shall the aggregate liability of TBH exceed the sums payable to TBH within thirty (30) days preceding the date of claim.

8. MISCELLANEOUS

8.1. In the event of any conflict between any clauses, provisions or condition of these Terms and any term, covenant or condition of any other contract, purchase order, the provisions of these Terms shall control and prevail.

8.2. The Parties shall maintain confidentiality of these Terms and any Confidential Information exchanged between the Parties. Any data shared by either party regarding its vendors, suppliers, business, pricing, strategies, products, services, clients, innovations, techniques, finances, marketing, etc., shall be deemed to be “Confidential Information” .

8.3. The Parties shall abide by the applicable laws of India.

8.4. Neither Party shall be entitled to use the name, logo, trademarks or intellectual property rights of the other Party unless agreed in writing.

8.5. These Terms may be amended or renewed by TBH as per its sole discretion.

8.6. Notice to TBH shall be sent at the following address – legal@tatanexarc.com (Attn: Legal Counsel, Tata Business Hub Limited)

8.7. The Parties shall adhere to the Tata Code of Conduct (https://www.tata.com/about-us/tata-code-of-conduct) and report any breach of the Code to ethics@tatanexarc.com.

8.8. These Terms are governed by and construed in accordance with the laws of India. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of courts at Bengaluru, Karnataka.

8.9. These Terms may be terminated immediately in case of breach of applicable laws.

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 to 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. 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.
2. 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.
3. 1.3. 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.

1. 2.1. Only persons who can enter into legally binding contracts as per the 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 the authority to act on behalf of that entity, and that such entity accepts this Agreement.

1. 3.1. 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.

1. 4.1. Contents of the Consignment
   1. 4.1.1. 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 on the Platform, as well as for ensuring handover of Consignment documents to the Logistics Partner such as GST complaint invoice, e-way bill, declaration of goods, delivery challan, etc.
   2. 4.1.2. 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.
   3. 4.1.3. The Consignor is solely liable for any misrepresentation pertaining to the declaration under this clause.
2. 4.2. Documentation
   1. 4.2.1. 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, GST compliant invoices, STN (Stock Transfer Note), MSDS certificate (if applicable), declaration of goods without No Commercial Value (NCV) (if applicable), or any other documents as maybe required as per the statutory requirements.
   2. 4.2.2. 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.
3. 4.3. Statutory Payments and Compliances
   1. 4.3.1. The Consignor is solely responsible for all payments 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. 4.3.2. 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. 4.3.3. The Consignor shall be solely responsible to comply with all statutory requirements (State and Central Laws/Statutes) applicable in relation to the booking and sale of the Consignments carried and delivered in pursuance of this Agreement.
4. 4.4. Delivery
   1. 4.4.1. The Consignor agrees that in case of door to door delivery-pick up the Consignment(s) shall be picked up by Logistics Partner as per the address mentioned in the Platform while placing order and delivery will be made as per the delivery address as mentioned in the invoice of the goods and/or e-way bill shared with the Logistics Partner. 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 on Platform along with valid documents such as goods invoice, e-way bill, declaration, delivery challan and the Consignor or its Consignee shall ensure to collect the materials from the Logistics Partner's designated delivery location by furnishing valid documents as maybe intimated to the Consignor.
   2. 4.4.2. 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. 4.4.3. 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; (c) the consignee refuses to sign the proof of delivery to the Logistics Partner, TBH reserves the right to make the 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. 4.4.4. In the event the Consignor does not pay the RTO cost as applicable or refuses to accept the Consignment within 15 (fifteen) days of the 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. 4.4.5. TBH may, at its discretion, provide web-based (online) tracking solutions for all or a limited number of Consignments through its Logistics Partners.

1. 5.1. Consignor shall ensure that all shipments for carriage are prepared and packed adequately 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. 5.2. Consignor shall properly paste and insert the GST complaint invoice along with necessary documents such as e-way bill, MSDS, declaration, delivery challan, in and on the package and also provide it to the Logistics Partner while handing over the Consignment.
3. 5.3. Consignor shall ensure that the dimensions of the shipment entered in the docket note along with other information of Consignor's name, address, pin code and Consignee's name, address, pin code are same as provided on the Platform. The Consignor agrees and acknowledges that the information mentioned on the valid goods invoice and valid eway bill given the time of pickup of the shipment will be considered as final governing factor for shipment of the Consignment and shall supersede the information provided on the Platform. For example- if the Consignor has entered pickup location as Delhi and delivery location as Mumbai in the Platform and at the time of pickup the Consignor provided the invoice and e-way bill addressed to a consignee located in Chennai, the shipment will move from Delhi to Chennai and differential costs of the same shall be payable by the Consignor.
4. 5.4. The Consignor shall be responsible to take a copy of the docket (or consignment note) from the Logistics Partner after handing over the Consignment.
5. 5.5. 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 the 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.
6. 5.6. 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 to Logistics Partner for both RTO cases as well as forward journey cases at the time of pick up. In case the Consignor fails to provide valid e-way bill, valid invoice, valid MSDS, valid delivery challan, valid declaration, etc, within the stipulated time, then the concerned Consignment may be marked as 'Disposed', and TBH shall not be held liable for any liability in relation thereto.

1. 6.1. Consignor shall ensure that the packaging of the Consignment is safe, proper, and adequate to withstand 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. 6.2. In case of any dispute regarding the Delivery of the Consignment, the Consignee 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. 6.3. 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 (three) 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. It being clarified that in case there are no remarks mentioned on the POD by the Consignee, the Consignment shall be marked as delivered without loss and/or damage and the Consignor will not be able to claim any damage or loss from TBH.
4. 6.4. In respect of any loss or damage to the Consignment(s) in transit: (i) in case of hub-drop delivery no insurance is provided by TBH to the Consignor and upon request for the certificate of facts (COF), then TBH shall cooperate in furnishing the COF from Logistics Partner to the Consignor; (ii) in case of door to door delivery-pickup, the insurance shall be provided for all Consignments with maximum value of INR 20,00,000/- (Twenty Lacs) except goods like ceramics, battery and chemicals. Provided, however, that any Consignment of value above INR 20,00,000/- shall not be insured by TBH and the Consignor may take its' own insurance coverage if required. TBH may facilitate the claim process via insurance provider and the insurance provider shall evaluate the value of such claims after taking in to account the extent of damage, salvage value etc. in relation to the Consignment. It being clarified that TBH shall act only a facilitator between You and the insurance provider and shall not be responsible for making payments to You. Notwithstanding anything contained under these Terms TBH's aggregate liability for claims under any Consignment shall be a maximum amount of Rs 5,000 per docket (or order) only. Provided, further that for any kind of claim the documents will be verified with respect to the original invoice document given at the time of pickup with the information furnished on the Platform. You understand that such cases for insurance claims or COF shall only be entertained if relevant remarks are mentioned in POD and claims are raised within 3 (three) days of reported damage or loss or pilferage of goods.
5. 6.5. The Consignor shall ensure through its Consignee that in case of any damage/pilferage/tamper/pressed/leaked Consignment, the Consignee shall mention such remarks on POD copy at the time of delivery in order to get insurance claim for the Consignment.
6. 6.6. In relation to claims for damage to Consignment(s), it is hereby clarified that the amount of compensation to be paid by the insurance provider shall depend upon the quantum/percentage of damage, insurance processing charges, as well as salvage value of the Consignment..
7. 6.7. In case the Consignment is stored in the warehouse longer than 3 (three) days due to reasons such as Consignee not accepting Delivery, Consignee address and/or contact information being incorrect, Consignee's address is permanently closed then demurrage charges not exceeding Rs 1/kg/day (Charged weight) shall apply and such charges shall be borne by the Consignor and paid to TBH upon raising demand without any demur.
8. 6.8. 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. 6.9. 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. 6.10. TBH shall not be liable for any delays, defaults or damages caused by any unforeseeable event not within the reasonable control of TBH including but not limited to government restrictions, lockdowns, fire, earthquakes, floods, epidemics, strikes, lockouts, riots, civil disturbances, wars, civil commotions, acts of God, acts of terrorism, court orders, and/or any other related force majeure event.

1. 7.1. In case the order is cancelled either by TBH or You, 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. 7.2. In the event that order is cancelled by the Consignor after the pick-up process is initiated or when the Consignment is at source Hub Location, applicable charges in respect of such initiation of the 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. 7.3. In case order is cancelled by the Consignor 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. 7.4. In case of order cancellation by any party, 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. 7.5. In case of order cancellation by TBH after pick-up of the Consignment, TBH may recommend any other logistics partner to fulfil the requirement of the Consignor and if the same is rejected by the Consignor, the Consignor shall be entitled to a full refund.

1. 8.1. 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, products as well as services linked to such third-party websites using hyperlinks. Such hyperlinks 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 to any third-party websites, you are doing so entirely at your own risk and expense.

1. 9.1. Indemnity
   1. 9.1.1. 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 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.
   2. 9.1.2. 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.
2. 9.2. Limitation of Liability
   1. 9.2.1. 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 in case the Consignment is not delivered and in case the Consignment is delivered then within 2 (two) days after delivery subject to a damage remark on POD; and (b) Rs.100/- (Rupees Hundred only), where the value of Consignment is declared by the Consignor as NCV (No Commercial Value).

1. 10.1. 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 the 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.
2. 10.2. No representation is made that the quality of the Services provided on the 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.
3. 10.3. 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.

1. 11.1. CHARGED WEIGHT
   1. 11.1.1. 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.
   2. 11.1.2. 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 a 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
   3. 11.1.3. For the 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(fifteen) 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 differences, the decision taken by TBH shall be final and shall be complied with by the paying party under all circumstances.
   4. 11.1.4. The Consignor shall be obligated to pay the outstanding dues estimated by TBH or furnish documentary proof for disputing the calculation of the additional amount charged . In the absence of sufficient documentary evidence (sufficiency of which may be determined as per the sole opinion of TBH), the Consignor's claim shall be invalid and the weight calculation by TBH shall be deemed to be final and binding. Provided further that no dispute may be raised or evidence furnished by the Consignor beyond 72 hours from communication of weight variance calculation by TBH and absence of any dispute or claim along with sufficient document within the prescribed timeline, shall imply deemed acceptance by the Consignor of the calculation done by TBH. TBH shall further be entitled to hold future paid Consignments booked by the defaulting Consignor till the outstanding dues to TBH are cleared by the Consignor and in the event the outstanding dues are not cleared within reasonable time, the order may be cancelled at the discretion of TBH and the sole cost and risk of the Consignor. TBH may deduct any previous outstanding dues from the amounts payable to the Consignor prior to issuing any refund. This is without prejudice to the right of TBH to initiate any legal action as may be deemed fit by TBH for recovering any outstanding dues from the Consignor.
   5. 11.1.5. The Consignor agrees and acknowledges that any delays in pick-up or delivery of Consignment on account of any outstanding dues by the Consignor shall not make TBH liable for any such delays and non-compliance with the delivery times estimated on order placement by the Consignor, this is notwithstanding any delivery timelines originally communicated on the Platform or via any other channel by TBH.
2. 11.2. FEES AND PAYMENTS
   1. 11.2.1. 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. 11.2.2. Goods and Service tax and other taxes are applicable as per taxation law.
   3. 11.2.3. For any claims by the Consignor, like wrong freight being applied, Cash on Delivery missing, pilferage, or 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. 11.2.4. In the case of a “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. 11.2.5. 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. 11.2.6. In case of “Pay on Credit” - In the event the Consignor has availed credit mechanism for the payment, Consignor may place orders on a rolling basis. For all orders placed between 1-15th of a calendar month, the Consignor shall make the payments towards the same by 22nd day of that calendar months and for all orders placed between 16th to 30th or 31st day of a calendar month, Consignor shall make the payments by the 7th day of the subsequent calendar month, and in all cases payments shall be made within 7 working days failing which TBH may levy penalties including but not limited to penal interest of 24% per annum on outstanding sums applicable from date of default till full payment, blacklisting of customer, exercising lien over Consignment, suspend any ongoing or further orders of the Consignor, adjust the sums payable by consignor against any other payment mechanisms or contract entered into by the Consignor and TBH. This is without prejudice to the right of TBH to use any other legal and contractual remedies as per its sole discretion to recover the dues from the Consignor. Provided, that in all cases, TBH shall have the sole discretion to determine, on a case-by-case basis, the terms of the credit including but not limited to the mode of credit, the eligibility of Consignor to opt for credit, the maximum credit amount which can be extended and any other modification which may be needed in the credit terms. The Consignor agrees and acknowledges that the credit line shall be exclusively subject to the discretion of TBH and Consignor does not hold a deemed right to avail credit. Consignor further undertakes that in the event the credit limit allotted to the Consignor by TBH is exhausted, the Consignor shall make payment earlier than allotted date as and when requested by TBH. The Consignor shall be entitled to raise any dispute on the invoices only within 24 hours of date of invoice, failing which all undisputed invoices shall be deemed to be accepted by the Consignor.
   7. 11.2.7. 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).
   8. 11.2.8. 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.
   9. 11.2.9. 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 service from the Logistics Partner independent of the Platform, to circumvent any fees in any manner or for any other reason.
   10. 11.2.10. 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.
   11. 11.2.11. Consignor shall be bound by the cancellation and refund policies available on the Platform for the Services availed by it via the Platform.

1. 12.1. 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 limited to Platform Terms).
2. 12.2. Termination: We reserve the right to terminate or restrict your access to the Site, without notice, for any reason, including but not limited to a breach of these Terms and Conditions.
3. 12.3. Modifications to Terms and Conditions: We reserve the right to modify, alter, or update these Terms and Conditions at any time without prior notice. Such modifications will be effective immediately upon being posted on the Site. Your continued use of the Site after such modifications are posted constitutes your acknowledgment and acceptance of the modified Terms and Conditions.

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.

These Terms and Conditions are governed by and construed in accordance with the laws of Republic of India. You agree to submit to the exclusive jurisdiction of the courts in Bengaluru, Karnataka.

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 to 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.

These terms and conditions are issued by TATA AIG, as the “Insurer” and are binding on the customer availing the add-on insurance while booking logistics services on the Platform operated by Tata Nexarc.

Policy Coverage: Financial loss caused due to an item being lost or damaged during Road transit within India. Coverage starts from point of dispatch and ends at the customer delivery point as per the address on the invoice and provided by the customer during order booking for door pickup and delivery order. In case of non-delivery or RTO, the same is covered until the item arrives back at the dispatch point.

Goods Covered: Upon consignment said to contain consignments of Machinery, Textile, FMCG products, Paints and packed food products, Chemicals, bagged Agricultural product and other general merchandise.

Excluded Cargoes:

Conveyance modes covered : Road

Basis of valuation for claims:

BRAND NEW ITEMS: Invoice Value, i.e. Replacement Cost + Freight

SECOND HAND / USED ITEMS: Depreciated Market Value + Freight

Locations covered : Within India

Cover Clauses -
All Risk as per ITC 'A' + SRCC - Domestic (Road Transport only

Limit of liability: The insurer's liability towards the customer is limited to “Invoice value+ freight”. Kindly note that this will be limited by the invoice value declared by the customer. The maximum value of a single item under these terms is limited to INR 20,00,000/-. The customer shall ensure to not make a booking of invoice value exceeding INR 20,00,000/-

Payment on Account Condition: It is a condition of these terms that on-account payment shall be payable up to 75% subject to the Surveyors Interim Report and Insurers Claims team approval. Applicable for claims above INR 5,000,000. The processing of claims shall be as per the Insurer's time-line.

Nonstandard claims : Inland transit Claims where nonstandard claims considered shall be settled on 90% basis

Disclaimer : Tata Business Hub Limited is only acting as a facilitator between the Insurer and the customer, and shall not in any event be liable for any act or omission of the Insurer or customer or for matters related to the insurance availed by the customer from the Insurer.

Grievance : The Customer shall directly reach out to the Insurer for any query, concern, grievance or customer support in relation to the insurance availed.

Order of Precedence : In case of any conflict between these terms and the Policy Certificate issued by the Insurer, the Policy Certificate shall be binding and deemed valid to the extent of such conflict. Customer is advised to refer to the Policy Certificate issued for confirming the details of the policy availed.

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 (“TBH”, “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

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, 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 TBH 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.

2. ELIGIBILITY

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.

3. REGISTERED USERS

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.

4. LINK TO THIRD PARTY WEBSITES

The Tender & Quotation Platform contains 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 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 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 Tender & Quotation Platform. TBH 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.

5. INDEMNIFICATION AND LIMITATION OF LIABILITY

5.1. To the extent permitted by applicable law, you agree to indemnify, defend and hold harmless TBH, 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 TBH 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 TBH 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. TBH 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. TBH is not obligated to mediate or resolve any dispute or disagreement between the users who avail Services on the Tender & Quotation Platform.

6. MISCELLANEOUS

6.1 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 limited to Platform Terms).

6.2 Termination: We reserve the right to terminate or restrict your access to the Site, without notice, for any reason, including but not limited to a breach of these Terms and Conditions.

6.3 Modifications to Terms and Conditions: We reserve the right to modify, alter, or update these Terms and Conditions at any time without prior notice. Such modifications will be effective immediately upon being posted on the Site. Your continued use of the Site after such modifications are posted constitutes your acknowledgment and acceptance of the modified Terms and Conditions.

7. GRIEVANCE REDRESSAL

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.

8. GOVERNING LAW

These Terms and Conditions are governed by and construed in accordance with the laws of Republic of India. You agree to submit to the exclusive jurisdiction of the courts in Bengaluru, Karnataka.

1. GENERAL

1.1. This Website “www.tatanexarc.com” (the “Website” ) is owned and operated by Tata Business Hub Limited, a company incorporated under the laws of India, having its registered office address at Army & Navy Building, 148 MG Road, Opposite Kala Ghoda Fort, Mumbai 400001 (hereinafter referred as “We” , “Us” or “TBH” ). Service is provided by TBH through the Website, which Services are in relation to invoice discounting and related procedures and matters and more particularly defined hereinafter.

1.2. The following terms and conditions ( “Terms of Use” ) regulate the access to and use of the Website and the Services. Please review the terms and conditions carefully before registering on the Website and availing the Services offered by TBH through the Website. By using the Website including but not limited to accessing or visiting or browsing the Website, you ( “You” ) indicate your acceptance to these Terms of Use and agree to abide by them.

1.3. Definitions. Definitions:
“Anchor” means an entity that is registered with TBH through an offline onboarding process, which supplies certain Products and/or services through its authorized channels including Dealers.
“Buyer” means an entity that is registered with TBH for purposes of pre-payment of non-disputed invoices received from the Sellers at a discount to be determined by a system of electronic early-payment event comprising of offers voluntary accepted by Sellers under the Early-Pay Services provided by TBH.
“Dealer” shall mean the body corporate having a business arrangement with the Anchor for availing certain products or services and acting as its channel partner or authorized sales partner, and also covers distributors of the Anchor.
“Early Pay Service” means an online and/or offline electronic platform provided by TBH for pre-payment by the Buyer registered with TBH of non-disputed invoices raised by the Seller, at a discount determined by a system of an electronic early-payment event comprising of voluntary offers accepted by Sellers of such non-disputed invoices. For avoidance of doubt, it is clarified that the determination of invoices to be put up for the early-payment event and the early-payment event itself is conducted by a software and an electronic program developed by TBH.
“Lender” means a scheduled commercial bank, or a non-banking financial corporation registered with the Reserve Bank of India and acting as the financing institution providing (i) supply chain financing credit facilities to the Dealers of Anchors; or (ii) invoice discounting facility to the Sellers of Anchors.
“Seller” shall mean the body corporate supplying certain products or services to the Anchor.
“Service” shall collectively mean Early Pay Service and Channel Finance Service
“Channel Finance Service” means an online and/or offline electronic platform provided by TBH to the Dealers, registered with TBH for ensuring timely payment to the Anchor for products and services supplied to the Dealer.

2. ACCEPTANCE OF TERMS

2.1. You acknowledge and agree that these Terms of Use constitute a contract between You and TBH, even though it is electronic and is not physically signed ( “Agreement” ). You further acknowledge that this Agreement shall govern the use of the Service, except for written addendums signed by the Parties that specifically modify these Terms of Use or any modifications as communicated by TBH to You, these Terms of Use are to be read in harmony with the terms of any other agreement already executed between the parties hereto.

2.2. You represent and warrant that:-
a) You are the authorised representative of Dealer/Seller;
b) You are authorised by the Dealer/Seller to enter into this Agreement; and
c) You have full authority to legally bind the Dealer/Seller to the terms and conditions of this Agreement and the Service.
d) all information or other materials submitted by You to TBH :
    (i) complies with this Agreement and all applicable laws of India
    (ii) do not infringe any third party Intellectual Property Rights or trade secret; or
    (iii) do not affect any confidentiality obligations.

2.3. To use the Website or the Service You need to register on the Website by providing the information of the Dealer/Seller and by accepting these Terms of Use by ticking the "I agree" box at the end of these Terms of Use. On acceptance of these Terms of Use, You on behalf of the Dealer/Seller hereby agree to enter into a legally binding agreement with TBH.

2.4. You confirm that You have provided the correct and up to date information while registering/ editing details on the Website. You agree and confirm to verify and keep updated the information relating to Dealer/Seller and dealings and use of the Services, whether furnished by You or the Anchor/Buyer. Subject to the terms and conditions of these Terms of Use, You agree to access and use the Service only for your business purposes as contemplated by these Terms of Use.

3. PROCESS FLOW

3.1. In case of Early Pay Service: -

1. 3.1.1 Once the Seller registers with TBH after accepting these terms and conditions, TBH will create a unique user name and password for the Seller which shall authorize the Seller or its authorized persons access to the Early Pay Services. TBH may at any time to enhance security provide any additional codes or logins to the Sellers to access the Early Pay Services (user names, passwords and codes are collectively referred to as “Login Ids” ). With respect to Login Ids:
   a) It is the responsibility of the Seller to keep these Login Ids confidential.
   b) Seller shall be solely responsible for any activity which takes places under its Login Ids, the Seller shall immediately notify TBH in case of any unauthorized use of its Login Ids and the TBH shall take steps as it deems appropriate to limit the effects of such unauthorized breach and the Seller shall take all steps as directed by TBH in such situation.
   c) Seller shall not sell, trade or otherwise transfer its Login Ids or account to another party.
   d) It is clarified that TBH shall not be responsible for any unauthorized access, use or activity of the Seller’s Login ID.
2. 3.1.2 Once the Seller logs in with the Login Ids, the Early Pay Service shall display eligible undisputed invoices raised by the Seller which are pending with the Buyer. The invoices are selected and displayed by the Early Pay Service for pre- payment through software developed by TBH based on the available cash allocated by the Buyer or his sources for pre-payment of pending undisputed invoices. If applicable, the Buyer at its discretion could agree to pre-pay one or more pending invoices of the Seller as displayed on the Early Pay Service in exchange for a discount on the invoice accepted by the Seller on a given day. The Buyer or TBH at its discretion could remove any invoices of the Seller selected by the Early Pay Service from the early-payment event or the Buyer may refuse to accept the discount or other terms accepted by the Seller at its sole discretion. Alternately, the Buyer or TBH will also display discounting offers to sellers which the Seller may accept or reject at their discretion.
3. 3.1.3 In exchange for the discount on the invoice the Buyer agrees to make pre-payment of the balance amount (invoice amount less discount) of the invoice to the Seller and the Seller agrees to accept the said balance amount as full and final settlement of the said invoice. The Seller waives the discounted amount on the invoice and Buyer shall pay the balance amount as full and final settlement of the said invoice. The Seller acknowledges that it may have to submit certain documents to the Buyer or to TBH for tax and other compliances and unless these documents are submitted within the specified time the pre-payment cannot be made.
4. 3.1.4 If applicable, it is the sole discretion of the Buyer to accept the discount offered by the Seller and similarly it is the sole discretion of the Seller to offer a discount and the quantum of discount on the invoices put up by the Early Pay Service for pre-payment on a given day and it is the sole discretion of the Seller to accept or reject discounting offers made by the Buyer or TBH.
5. 3.1.5 If applicable, the Seller shall not be allowed to withdraw any invoice and the discount offered on the same once the same has been accepted by the Buyer, subject to payment by the Buyer of the said invoice amount. The Buyer shall be required to complete the payment of the discounted invoice agreed and accepted by it, within a period of two(2) banking days of acceptance.

3.2. In case of Channel Finance Service: -

1. 3.2.1Once the Dealer registers with TBH after accepting these terms and conditions, TBH will create a unique username and password for the Dealer which shall authorize the Dealer, or its authorized persons access to the Channel Finance Services. TBH may at any time to enhance security provide any additional codes or logins to the Dealers to access the Channel Finance Services (usernames, passwords and codes are collectively referred to as “Login Ids” ). With respect to Login Ids:
         a) It is the responsibility of the Dealer to keep these Login Ids confidential.
         b) Dealer shall be solely responsible for any activity which takes places under its Login Ids, the Dealer shall immediately notify TBH in case of any unauthorized use of its Login Ids and the TBH shall take steps as it deems appropriate to limit the effects of such unauthorized breach and the Dealer shall take all steps as directed by TBH in such situation.
         c) Dealer shall not sell, trade or otherwise transfer its Login Ids or account to another party.
         d) It is clarified that TBH shall not be responsible for any unauthorized access, use or activity of the Dealer’s Login ID.
2. 3.2.2 Once the Dealer logs in with the Login Ids, the Channel Finance Service shall display the limit from the Lender which is approved for a particular Anchor. Dealer may reach to TBH or the Lender to make modifications to the assigned limit or to get a revised limit based on the assessment of the Lender.
3. 3.2.3 Dealer shall be able to make the eligible transactions by sharing the invoice details of a particular Anchor. Dealer shall be solely responsible for ensuring the authenticity of the invoice details which are manually entered into the platform or the Website.
4. 3.2.4 Dealer will be able to view the status of disbursements made by the Lender for eligible invoices on the Website. Dealer agrees and acknowledges that TBH shall not be liable for any delayed disbursements due to Lender and in no event shall TBH be liable for such interruption or delays.
5. 3.2.5 Upon due date, Dealer will need to make the repayment of the amounts availed through the Channel Finance Service to the Lender, as per the credit arrangement between the Dealer and the Lender. After the due date, Dealer will in addition to the amounts availed through the Channel Finance be also liable to pay the penalty amount, as per the credit arrangement between the Dealer and the Lender. TBH will have no role in the said arrangement.
4. PAYING AGENT ARRANGEMENT (applicable in Early Pay Service)

4.1. A Buyer, from time to time, may choose to use a paying agent arrangement or similar service arrangements ( “Paying Agent Arrangements” ) with a Lender. To avail such services, Seller provides to Buyer their consent to fulfill the formalities as required by Lender on the Seller’s behalf and forward the details and documents to the Lender from time to time for discounting its trade receivables and crediting net proceeds (net of offered discount by the Seller) to its bank account. In exchange of the discount accepted by Seller in the Service, Lender, acting on behalf of the Buyer, can pre-pay the net invoice amount to the Seller after deducting the said discount. Seller agrees to accept this payment from the Lender through the Paying Agent Arrangement as full and final settlement of the said invoice and waives the discount amount on the invoice as if the payment were made by Buyer.

5. PURPOSE OF SERVICE AND ROLE OF TBH

5.1. The Service is intended to enable and facilitate transparent transactions between the Dealer and Anchor, Seller and Buyer as principals and TBH does not act for or represent in any manner whatsoever either the Anchor or the Buyer or the Dealer or the Seller, as the case maybe. TBH through the Website and the Services merely provides a platform to facilitate such transaction.

5.2. TBH will have the right to monitor the implementation of the Services, and shall be entitled to discontinue and disable the use of the Services for any party in the event it finds any improper, inappropriate use of the Services by such party.

5.3. TBH is not a party to, third party beneficiary of, or a guarantor of performance with respect to any transaction, agreement or arrangement concluded between the Dealer and any Anchor using the Channel Finance Service or Seller and any Buyer using the Early Pay Service.

5.4. TBH is not liable to pay or ensure payment of any sums to the Seller from the Buyer as agreed between the Buyer and the Seller under the Early Pay Service.

5.5. TBH is not liable to pay or ensure payment of any sums to the Anchor from the Dealer as agreed between the Anchor and the Dealer under the Channel Finance Service.

5.6. In case of Early Pay Service: -

1. 5.6.1TBH is not responsible for contractual and commercial terms and conditions between the Buyer and the Seller and of compliance of such terms under which the services or goods were supplied by the Seller to the Buyer. Under no circumstances shall TBH in any manner obtain an interest in, or otherwise be deemed to be within the chain of title of, any information, goods, and/or related services accessed of the Seller by the Buyer.
2. 5.6.2 The Seller shall raise any issues regarding the arrangement or understanding it has reached with the Buyer using the Service solely with the relevant Buyer and the TBH shall not be responsible or liable in any manner for any acts or omissions by the Buyers or Sellers.
3. 5.6.3 The Seller and Buyer shall put up, share and furnish invoices, information, consents on the Service out of their own free consent, discretion and responsibility and TBH shall not be responsible for any dealings and transactions undertaken by and between the Seller and Buyer. The Seller and Buyer are made aware that the information put up by them on the platform/website to avail the Services shall be stored by TBH in its servers and the same shall be used for the purposes of executing the Services. Such information shall be shared with third party service providers as shall be necessary for the purposes of implementing the Services.
4. 5.6.4 The Seller shall be notified of its invoices put up for pre-payment by the Service and the Seller shall have to participate in an online early-payment event to offer with its discount offer for the pre-payment of the pending invoices displayed by the Service. The time when the offer with the discount offer could be placed on the Website would be communicated to the Seller. The participation in the online early-payment event is solely at the discretion of the Seller. If the Seller wishes to participate in the online early-payment event it shall:
         a) For each online early-payment event, Seller may be presented with the terms and conditions imposed by the Buyer. Seller will only be allowed to participate if it accepts the terms set by the Buyer.
         b) Buyer has final responsibility for all decisions regarding the operation of the online early-payment events. Buyer and/or TBH may suspend or cancel any scheduled online event at any time and without prior notification. If the Seller submits a offer in connection with an online event, Seller represents that all offers it submits are legally valid price quotations and firm offers to contract without qualification, except to the extent the Buyer allows a non-binding offer.
         c) Online event participants may not engage in unethical behavior during an online event, and the Seller is expected to notify TBH if it witnesses practices that are inconsistent with the fair operation of the online events or inconsistent with these terms and conditions.
         d) If Seller experiences any difficulty or error during an online event, it must notify TBH immediately, or else it waives any objection or claim relating to such difficulty or error.

5.7. In case of Early Pay Service: -

1. 5.7.1TBH is not responsible for contractual and commercial terms and conditions between the Anchor and the Dealer and of compliance of such terms under which the services or goods were supplied by the Anchor to the Dealer. Under no circumstances shall TBH in any manner obtain an interest in, or otherwise be deemed to be within the chain of title of, any information, goods, and/or related services or transaction between the Dealer and the Anchor.
2. 5.7.2 The Dealer shall raise any issues regarding the arrangement or understanding it has reached with the Anchor using the Service solely with the relevant Anchor and TBH shall not be responsible or liable in any manner for any acts or omissions by the Anchors or Dealers.
3. 5.7.3 The Dealer and/or Anchor shall put up, share and furnish invoices, information, consents on the Service of their own free will, consent and discretion. TBH shall not be responsible for any dealings and transactions undertaken by and between the Dealer and Anchor. The Dealer and Anchor are made aware that the information put up by them on the platform/Website to avail the Services shall be stored by TBH in its servers and the same shall be used for the purposes of executing the Services. Such information shall be shared with third party service providers as shall be necessary for the purposes of implementing the Services.
6. USE OF SERVICE

6.1. TBH hereby grants You a non-exclusive, non-transferable, limited right to permit authorized users to access and use the Service, subject to the following restrictions:

6.2. You agree not to:
      (i) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party, other than as expressly permitted by these Terms;
      (ii) use the Service to process data on behalf of any third party,
      (iii) modify, adapt or hack the Service to falsely imply any sponsorship or association with TBH, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks;
      (iv) use the Service in any unlawful manner, including but not limited to violation of any persons privacy rights, infringing any person’s intellectual property rights, or sending spam or otherwise duplicative or unsolicited messages in violation of applicable law,
      (v) use the Service in any manner that interferes with or disrupts the integrity or performance of the Service and its components;
      (vi) attempt to decipher, decompile, reverse engineer or otherwise discover the source code of any software which is part of the Service;
      (vii) use the Service to knowingly post, upload, link to, send or store any content that is unlawful, racist, hateful, obscene, discriminatory, or contains any viruses, malware, Trojan horses, time bombs, or any other similar harmful software;
      (viii) attempt to use any method to gain unauthorized access to any paid features of the Website;
      (ix) unless otherwise explicitly agreed to in writing by TBH, use the Service or the Website or any content obtained from it to develop, as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism;
      (x) use automated scripts to collect information from or otherwise interact with the Website or the Service;
      (xi) deep-link to the Website for any purpose , unless expressly authorized in writing by TBH; or try to use, or use the Service in violation of these Terms.

7. AVAILABILITY OF THE WEBSITE

You acknowledge that there may be interruptions in Service, Website or online events that are beyond the control of TBH. While TBH uses reasonable efforts to keep the Website and the Service accessible, the Website or the Service may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of TBH’s control, Website or the Services access may be interrupted, suspended or terminated. You further understand that there may be interruptions in the access to the Website or the Services due to local internet connectivity at Your end. TBH shall not be liable in any manner for any such disruptions on the Website or the Services.

8. MODIFICATION OF SERVICE

You understand and agree that TBH may modify the Service and such modifications may be in the manner that these may create differences in how You access the Service. You further understand and agree that, upon reasonable advance written notice to You, TBH reserves the right to replace Service or any aspect thereof with such services offering the same or more functionality than the earlier version.

9. PRICING

The access to Services and the Website is free for the Dealer and the Seller at this time. However, TBH reserves the right to charge a fee on complete or partial access to Services or Website, as it may deem fit, in future.

10. INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP

10.1. TBH owns and controls all Intellectual Property Rights in the Service or any element thereof whether registered or unregistered including with respect to the software and code used for providing Service. All rights, title and interest in and to the Service and its components, including all related Intellectual Property Rights, will remain with and belong exclusively to TBH and its third-party licensors. The rights granted to You to use the Service under these Terms do not convey any additional rights in the Service, or in any Intellectual Property Rights associated therewith.

10.2. Intellectual Property Rights shall mean any copyrights, patents, inventions, trademarks, domain names, trade secrets, know-how, source codes and any other intellectual property and/or any other proprietary rights under the applicable laws in India.

10.3. You own and shall be responsible for the information that You provides to TBH during account registration or while availing or using the Service including any commercial information with respect to a specific transaction. With respect to this information You grant TBH a nonexclusive, irrevocable, worldwide, perpetual, royalty-free right to use this information solely for the purposes of providing Service and or to modify and improve the Service. This information shall not be used for any other purpose. If all or part of any such information becomes the subject of an actual or threatened lawsuit or if TBH believes such Content may violate a third party’s Intellectual Property Rights or applicable law, TBH will immediately be entitled to remove such information or materials without incurring any liability to You or any third party.TBH shall have a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to incorporate into the Service or otherwise use any suggestions, enhancement requests, recommendations or other feedback it receives from You. TBH and TBH’s other product and service names, and logos used or displayed on the Service or on the Website are registered or unregistered trademarks of TBH (collectively, “Marks” ), and You may only use such Marks to identify itself as a customer and user of the Service; provided You do not attempt, now or in the future, to claim any rights in the Marks, degrade the distinctiveness of the Marks, or use the Marks to disparage or misrepresent TBH, its services or products.

10.4. TBH shall have a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to incorporate into the Service or otherwise use any suggestions, enhancement requests, recommendations or other feedback it receives from You. TBH and TBH’s other product and service names, and logos used or displayed on the Service or on the Website are registered or unregistered trademarks of TBH (collectively, “Marks” ), and You may only use such Marks to identify itself as a customer and user of the Service; provided You do not attempt, now or in the future, to claim any rights in the Marks, degrade the distinctiveness of the Marks, or use the Marks to disparage or misrepresent TBH, its services or products.

10.5. You hereby grant a limited, non-transferable license to TBH for TBH to use the name, logos and trademarks to identify You as a user of the Website and the Services for TBH’s marketing and public relations purposes, including marketing materials, advertisements, customer lists, press releases, presentations, and publications during the term of this Agreement.

11. TERM AND TERMINATION

11.1. The Term of this Agreement is effective from the date when You accept these Terms of Use.

11.2. Duration of Agreement The Term subsists till TBH provides the Service or either Party terminates this Agreement.

11.3. Termination provisions You may terminate this Agreement by giving a prior 14 days written notice. TBH may terminate the Agreement by disabling access and removing Seller’s invoices from the system or removing Dealer’s details from the system for breach of any terms of this Agreement or for any reasonable reason at TBH’s sole discretion. TBH will be entitled to disable the Services of the Dealer or Seller with immediate effect if TBH finds in its discretion that You have committed an act or omission which amounts to a breach of this Agreement, any provisions of applicable laws or fair practices of the industry.

11.4. Effects of termination Effects of termination: TBH shall disable access to You and You shall not be able to access the Service. All terms and obligations of either Party which survive the termination by their very nature including but not limited to obligations related to Intellectual Property and Ownership, Indemnity, Limitation of Liability, Governing law and Jurisdiction, Warranty and Disclaimer shall survive the termination.

12. DISCLAIMER OF WARRANTIES

12.1. The Service, including the website and content, and all server and network components are provided on an “AS IS” and “AS AVAILABLE” basis, without any warranties of any kind to the fullest extent permitted by law, and TBH expressly disclaims any and all warranties, whether express or implied, including, but not limited to, the implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement.

12.2. TBH does not and cannot guarantee and does not promise any specific results from use of the Service. The entire risk with respect to the quality and performance of Service or with respect to any information transmitted, delivered or received by use of the Service rests solely with the Seller and Buyer in case of Early Pay Service and upon the Anchor and Dealer in case of Channel Finance Service; TBH does not make any claim with respect to the same.

12.3. TBH does not represent or warrant that the Service, content or materials from or any information or content related to the Service are accurate, complete, reliable, current or error-free or that the Website or the Service, servers, or any platform applications are free of viruses or other harmful components. Therefore, You should exercise caution in the use and downloading of any such software, content or materials and use industry-recognized software to detect and disinfect viruses. All responsibility or liability for any damages caused by viruses contained within the electronic file containing a form or document is disclaimed. Without limiting the foregoing, You understand and agree that Your download or otherwise obtaining content, material, data or software (including any mobile client) from or through the Website, the software, or any platform applications shall be at your own discretion and risk and that you will be solely responsible for Your use thereof and for any damages to your mobile device or computer system, loss of data or other harm of any kind that may result.

12.4. You acknowledge that TBH does not warrant that information or advice obtained by You from TBH or through the Service shall create any warranty not expressly stated in these terms. TBH disclaims all liability for damages caused by any interruption or errors in the functioning of the Service or any of its components including the Website or the software, except as otherwise expressly set forth herein. Furthermore, TBH disclaims all liability for any malfunctioning, impossibility of access, or poor use conditions of the Service due to inappropriate equipment, disturbances related to internet service providers, to the saturation of the internet network, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications, problems related to the service or its use, loss of personal content on the website, lost or undeliverable email, and for any other reason. Under no circumstances will TBH be responsible for any loss or damage, including, but not limited to personal injury or death, resulting from use of the Website or the Service, or any interactions between users of the Website or the Service, whether online or offline.

12.5. TBH provides the platform for the Service. TBH does not control the information exchange between Anchors and Dealers or Buyers and Sellers, as the case maybe and TBH does not guarantee or confirm the genuineness of such information. TBH is not responsible for the information provided by the Anchors and Dealers or Sellers and Buyer to each other or to TBH. Furthermore, TBH is not responsible for any false or untrue information provided or exchanged between the Anchors and Dealers or Buyers and Sellers using the Service. Further, TBH is not responsible or liable in any manner for any third party applications, software, viruses, etc. that are uploaded or posted on the Website or the Service or any component of the Service, caused by users of the Website, or that are related to the use of the Service by third parties, or caused by any third parties’ use of the equipment or programming associated with or utilized in the Website or the Service.

13. LIMITATION OF LIABILITY OF TBH

13.1. Exclusion of certain damages IN NO EVENT SHALL TBH, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, LICENSORS, OR VENDORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES INCLUDING WITHOUT LIMITATION FOR LOST PROFITS, LOST SAVINGS, LOST DATA OR OTHER SPECIAL DAMAGES CAUSED TO YOU DUE TO YOUR USE OF SERVICE OR THE WEBSITE UNDER THIS AGREEMENT EVEN IF TBH HAS BEEN ADVISED OF POSSIBILITY OF SUCH LOSS OR DAMAGE.

14. PRIVACY POLICY AND DATA COLLECTION

14.1. TBH understands the sensitive nature of the Data and other information You may provide TBH while using the Services and the Website, and TBH therefore agrees to use reasonable efforts to maintain, safeguard, and not use or disclose Your Data except as needed to facilitate Your use of the Services or otherwise to perform Services under this Agreement, which may entail sharing of the Data with third party service providers engaged by either TBH or the Anchor/ Buyer. The term "Data" shall mean registration information, transaction information, banking details, company details and personal information regarding any authorized person of Dealer/Seller and other data that You may provide to TBH while using the Services.

14.2. In providing Services to You, TBH shall maintain appropriate administrative, physical and technical safeguards to protect the security, confidentiality and integrity of Your Data.

14.3. TBH can access Your account information in order to respond to any service requests and/or as necessary, in TBH’s sole discretion, to provide You with the Services. TBH will not disclose such Data, except if compelled by law, permitted by You, or pursuant to the terms of the TBH Privacy Policy.

14.4. The Privacy Policy governs our treatment of any information, including personally identifiable information, submitted to us. Please note that certain information, statements, data, and content which You may submit to or through the Service may reveal Your agents personally identifiable information or commercially sensitive confidential information. You acknowledge that submission of any such information, statements, data, and content to TBH pursuant to this Agreement is voluntary and that TBH shall only use such information for providing Services only. The Privacy Policy is incorporated into this Agreement by reference.

14.5. Information (but not Your Data) about the processing capabilities of the Website and the Services, the technology or interface features of the Services, and the notices and updates sent by TBH to You are proprietary and confidential information of TBH, and You hereby agree not to share such information with third parties or use such information except to use the Services.

15. INDEMNITY

15.1. You agree to indemnify and hold TBH and its affiliates harmless, from all loss and expenses, including reasonable attorney's fees, which are based on or arise from Your act, omission or violation of any of the provisions of this Agreement or otherwise is related to the Your use of the Services.

16. AMENDMENTS OF TERMS AND CONDITIONS

16.1. TBH may change, amend or modify any of these terms or conditions, at any time and in TBH's sole discretion. Changes will be notified by posting a change notice on the Website that is visible when users log-on for the first time after a change has been made and/or through e-mail communications to the Dealer/Seller. All such modifications shall have effect Fifteen (15) days after notice, unless indicated otherwise. If you do not consent to any changes in these terms and conditions you must terminate this Agreement pursuant in accordance with this Agreement. Your continued use of the Website and Services will be subject to the then current Terms of Use as displayed on the Website.

17. SEVERABILITY

17.1. In the event that any provision of these terms and conditions is determined by a court of competent jurisdiction to be invalid or otherwise unenforceable, such provision (or part thereof) shall be enforced to the extent possible consistent with the stated intention of the parties, or if incapable of such enforcement shall be deemed to be deleted from these terms and conditions, while the remainder of this these terms and conditions shall continue in full force and remain in effect.

18. GOVERNING LAW AND DISPUTES

18.1. These terms and conditions are governed by and construed in accordance with the laws of India. Any dispute arising out of or in connection with these terms and conditions or the use of the Services shall be settled exclusively by the courts of Bangalore, India.

19. FORCE MAJEURE

19.1. Neither party will be liable for failure or delay in performing any of its obligations if such failure or delay is due to circumstances beyond the party’s reasonable control, including, without limitation, accident, war, acts of God or any governmental body, failure of software, hardware or equipment of third parties. This section does not apply to Dealer’s obligations to make any payments as and when due to Anchor.

20. NOTICES

Any Notice to TBH under this Agreement may be delivered to following address:
Address:
Legal Counsel
TATA BUSINESS HUB LIMITED,
ARMY & NAVY BUILDING, 148 MG ROAD OPPOSITE,
KALA GHODA, FORT, MUMBAI 400001
Email:- legal@tatanexarc.com