1.1 This Part A sets out the general terms which govern your access to and use of the following: (a) the apnagodam website (www.apnagodam.in) (the "Site"); (b) the apnagodam mobile application (the "App") (collectively, (a) and (b) are referred to herein after as the "Platform" which also includes or will include any other medium through which apnagodam chooses to offer its products and services to its users/customers); (c) the online applications and digital products made available on the Platform, where the User can enter into an online transaction for the sale and purchase of agricultural commodities or any other tradeable goods which may be permitted by apnagodam to be traded on the Platform (such agricultural commodities or tradeable goods, "Commodities"); and (d) any other services offered or may be offered by apnagodam -- directly or indirectly -- through any of its Affiliates or third parties, via any medium ("Additional Services") (collectively, (a), (b), (c) and (d) above are herein after referred to as the "Services").

1.2 For avoidance of doubt, apnagodam provides the Platform and/or the Services for facilitating the sale and purchase of the Commodities between the Buyers and the Sellers. apnagodam is neither a Seller nor a Buyer of any Commodities on the Platform.

1.3 BY USING THE PLATFORM OR THE SERVICES, INCLUDING BY REGISTERING AS A USER, YOU (ON BEHALF OF YOURSELF AND THE BUSINESS YOU REPRESENT) ARE CONFIRMING THAT YOU ACCEPT AND AGREE TO THESE TERMS AND ARE ENTERING IN THIS LEGALLY BINDING CONTRACT, AS AMENDED FROM TIME TO TIME, AND THAT YOU SHALL COMPLY WITH AND BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT OR AGREE TO COMPLY WITH AND BE BOUND BY THESE TERMS, YOU MUST NOT ACCESS OR USE THE PLATFORM AND/OR THE SERVICES.

1.4 PLEASE READ THESE TERMS CAREFULLY NOW AND FROM TIME TO TIME FOR ANY UPDATES. WE RECOMMEND THAT YOU PRINT A COPY OF THESE TERMS, AND ANY FUTURE VERSIONS, FOR YOUR REFERENCE.

1.5 These Terms refer to and include the following additional policies and/or terms, which shall also apply to you and your access to and use of the Platform and/or the Services:

1.6 WE MAY AMEND OR MAKE CHANGES TO THESE TERMS AND/OR ANY POLICY FROM TIME TO TIME.

1.7 We may amend these Terms and/or any policy from time to time. If we change these Terms and/or policies, we will give you notice via e mail as soon as practicable prior to the implementation of such changes and the posting of the revised Terms and/or policy on the Platform, except in such cases in which the changes are required by the law, or by a governmental or judicial authority; in which event, the notice will be given after posting the revised Terms and/or policy on the Platform. Any such changes will come into effect on the revision date stated in the revised Terms and/or policies. By continuing to access or use the Platform and/or the Services, you are or will be agreeing to the revised Terms and/or policies.

1.8 We recommend that you read the Terms and/or policies to ensure you understand the Terms that apply to you at any time you access, use or transact business via the Platform or avail our Services.

2.1 The Platform and the Services are addressed, and made available, to the Users.

2.2 Any person or entity wanting to access or use the Platform shall first need to register on the Platform to become a User of the Platform and/or the Services.

2.3 To become a User and participate in the Platform and/or avail the Services, a person shall be required to submit specified details (as may be amended from time to time) to meet the registration requirements as listed on the Platform, which requirements shall include:

2.4 In addition to the details required under clause 2.3 above, apnagodam may require any individual or entity wishing to become a User for (a) providing further documentation for ‘know your customer’ purposes; (b) verifying the existence and capacity of a corporate entity registering to become a User; and/or (c) verifying the authority of the Authorized Representative acting on behalf of the entity wishing to become a User.

2.5 apnagodam shall have the sole and absolute discretion whether to accept an individual or corporate entity as a User. apnagodam reserves the right to reject any application for registration, without giving reasons or cause.

2.6 apnagodam reserves the right to deny any User access to the Platform and/or the Services, without giving reasons or cause.

2.7 On receipt of all the details required under clause 2.3 and clause 2.4 above to the satisfaction of apnagodam, and subject always to apnagodam’s rights under clause 2.5 above, apnagodamwill provide a username and a password to the User.

2.8 By registering with the Platform, each User represents and warrants that:

2.9 A User will be provided with one username and password.

2.10 Users must update apnagodam of any changes in their personal or corporate information immediately following any such change..

2.11 Users shall keep their username and password confidential, safe and must not disclose it to any third party. Any unauthorized use of the User’s username and password shall be attributable to the User and it shall not be the responsibility of apnagodam. Any losses arising due to such use shall be borne by the User alone.

2.12 If you know or suspect that your username or password may have been compromised or made public, you shall notify apnagodam immediately at the address specified below so that we may take any appropriate steps, including cancelling any compromised or potentially compromised username or password and providing new login details.

2.13 apnagodam shall have the right to disable any username or password at any time, if, in our opinion, you have failed to comply with any of the provisions of these Terms.

2.14 You are solely responsible for any actions of an unauthorized user using your username or password on the Platform and/or for availing the Services.

5.3.1 copy, modify, or create derivative works based on the Platform and/or the Services;

5.3.2 distribute, transfer, sublicense, lease, lend, or rent the Platform and/or the Services to any third party;

5.3.3 reverse engineer, decompile, or disassemble the Platform and/or the Services; and/or

5.3.4 make the functionality of the Platform or the Services available to multiple Users through any means. We reserve all rights in and to the Platform and the Services.

7.1.1 violate any law or regulation;

7.1.2 violate, infringe or misappropriate any person’s intellectual property, safety, health, privacy, reputation or other legal or natural rights;

7.1.3 upload, communicate, transmit or otherwise make available any content that is or could reasonably be viewed as unlawful, harmful, harassing, defamatory or otherwise objectionable, pornographic, obscene, indecent, invasive of another’s privacy, hateful, likely to incite violence or racial or ethnic hatred, or otherwise objectionable;

7.1.4 send unsolicited or unauthorized advertising or commercial communications, such as spam, forge any TCP/IP packet header or any part of the header information in any e mail or posting, or in any way use the Platform or the Services to send altered, deceptive, or false source identifying information;

7.1.5 engage in 'spidering' or 'harvesting' or participating in the use of Software, including spyware, designed to collect data from the Platform or Services;

7.1.6 collect any information about or regarding other Users including but not limited to any personal data or information;

7.1.7 interfere with or disrupt the smooth functioning of the Platform or interfere with, or disrupt, (a) the Services, (b) other Users’ access, or (c) the servers or networks through which the Platform or the Services are provided;

7.1.8 stalk, harass or harm any individual connected to the Platform and/or the Services, including other Users or the personnel of apnagodam;

7.1.9 impersonate any person or entity (including other Users or the personnel of apnagodam) or perform any other similar fraudulent activity, such as phishing;

7.1.10 use any means to 'scrape', 'crawl' or 'hack' any web pages relating to the Platform and/or Services and/or apnagodam;

7.1.11 probe, scan, crack, track and/or test the vulnerability of any system or network, attempt to circumvent any technological measure or authentication measures implemented to protect the Platform and/or the Services by apnagodam or any of our providers or any other third party (including another User);

7.1.12 access or search or attempt to access or search the Platform or the Services by any means (automated or otherwise) other than through the formats or interfaces prescribed, published or provided by apnagodam on its Platform, and such access or search or attempt to access or search the Platform shall only be pursuant to these Terms;

7.1.13 attempt to decipher, decompile, disassemble, or reverse engineer any of the Software or other underlying code used to provide the Platform and/or the Services;

7.1.14 use the Platform and/or the Services in any other way not permitted by these Terms; or

7.1.15 advocate, encourage, or assist any third party in doing any of the foregoing.

8.1.1 if complaints are received about you;

8.1.2 if you breach these Terms and/or any other apnagodam policies;

8.1.3 if you violate or threaten to violate any law;

8.1.4 if you cause or threaten to cause harm to public order, health and safety of the general public or of apnagodam employees or other Users;

8.1.5 if you cause or threaten to cause harm to apnagodam’s business, the Platform or the quality of the Services;

8.1.6 any other reason in the reasonable assessment of apnagodam.

9.1.1 any actual or alleged breach of these Terms by you or anyone using your account; and/or

9.1.2 your use of the Platform and/or the Services; and/or

9.1.3 the content of your uploaded information; and/or

9.1.4 the negotiation, performance or enforcement of any contract or agreement or understanding between you and other Users via the Platform or through the use of our Services; and/or

9.1.5 the transfer of Commodities and/or money between you and another User.

11.4.1 errors, mistakes, or inaccuracies of content; on the Platform or in relation to the Services;

11.4.2 negligence, breach of contract, warranties, errors, mistakes, or omission of the Users;

11.4.3 injury (personal or otherwise), property damage or loss of data resulting from your access to or use of the Platform and/or the Services;

11.4.4 unauthorized access to or use of the Platform, the Services, our servers or of any personal information, auction data, or User Content;

11.4.5 interruption of transmission to or from the Platform or via the Services, or any deletion of or failure to store or transmit any content or communications;

11.4.6 bugs, viruses, trojan horses, or similar which may be transmitted on or through the Platform or via the services by any third party;

11.4.7 failure of the Platform and/or the Services to meet User expectations or requirements; or

11.4.8 loss or damage of any kind incurred as a result of the use of any content posted or shared through the Platform or the Services. You understand and agree that any material or information downloaded or otherwise obtained using the Platform and/or the Services is done at your own risk and that you shall be solely responsible for any damage arising from doing so. No advice or information, whether oral or written, obtained by you from apnagodam or through the Platform and/or the Services will create any warranty not expressly made in these Terms.

1.1 Acting always in accordance with these Terms, the Users may buy and sell the Commodities through the Platform as Buyers and Sellers by means of flexible forward or reverse auctions. Each auction shall have a Buyer and a Seller with respect to a commodity being traded.

1.2 The procedures and processes for an auction on the Platform and the negotiation and formation of purchase and sale contracts in relation to such auctions via the Platform shall be in accordance with these Terms.

2.1 Users may list auctions to sell or buy any Commodity or Commodities, in the manner as set out herein below in this Clause 2.

2.2 The listing of auctions shall be made substantially in the form set out below subject to specific variations applicable to Commodities, and each such listing shall set out the following particulars:

2.3 The auction listing shall consist of the information and the basic terms relating to an auction to sell or purchase the listed Commodity. Upon listing an auction on the Platform, the Users shall receive a notification via e mail, phone message and/or notification on the Platform itself, confirming that the auction has been posted and it will set out the information and the basic terms relating to an auction.

2.4 The User listing the auction may, in accordance with the procedure specified at Clause 4 of these Terms, retract or withdraw an auction at any time before the acceptance of such auction.

2.5 Unless retracted or withdrawn by the User who has listed the auction on the Platform, the auction shall be valid from the time at which it is listed until the bids are received and the Seller or the Buyer, as the case may be, has accepted or rejected the auction.

3.1 All the Users will be notified of the auctions listed on the Platform as soon as the same is listed by the Buyer or the Seller, as the case may be.

3.2 Interested Users may post a response to any auction(s) listed on the Platform by way of bids (the "Bidding" or "Bid"). A Bidder shall place the bids on the platform through its registered username and password, and as per the terms and conditions mentioned in the Contract Note(s) enclosed with the auction(s).

3.3 For the avoidance of doubt, the terms of an auction and/or the Contract Note (s) associated with any auction cannot be modified and/or altered by the Bidder. The Bidder must, therefore, acknowledge all the terms and conditions associated with the auction and deposit the Order Margin (as mentioned in the Contract Note) before placing the Bid.

3.4 The Bid(s) placed on the Platform, in relation to any listed auctions, using the registered username and password of a User, will be considered to be placed by the User (in their individual capacity or as authorized personnel) and will be binding on the User.

3.5 More than one Bid may be placed by a User on the Platform against any listed auction. Once the Bid is placed on the Platform against any listed auction, the User cannot withdraw the Bid.

3.6 The Bid(s) shall remain valid until the time period as mentioned in the Contract Note of the respective auction.

3.7 Bidders posting bids in response to an auction listing will not be able to view the Bids and/or details of other Bidders, but they will be able to ascertain that other Bids have been placed, and they may view the highest or the lowest bid, in relation to an auction.

3.8 The User listing the auction will be notified of the successful Bidder, and the details of the Bids received from such Bidder in the auction(s) listed by the User who listed the auction(s).

3.9 Only the Bid of the successful Bidder will remain open for the acceptance/rejection by the User who listed the auction. The bids of all other Users shall be automatically rejected and the Bidder(s) who made those Bids shall be automatically informed via e mail/SMS/any other form of phone message, of the fact that their Bids have been rejected and their Order Margin submitted towards participation in the auction will be released.

3.10 If the User listing the Auction is satisfied with the highest or the lowest Bid, as applicable, received in the auction, it may accept the Bid in accordance with Clause 5 of Part B of these Terms below. The successful Bidder will be notified of the Acceptance (defined below) via e mail and/or SMS.

3.11 If the User listing the auction is not satisfied with the highest or the lowest bid, as applicable, received in the auction, it can reject the Bid and list a fresh auction on the Platform. Upon rejection, the Bidder will be notified of the rejection via e mail and/or SMS.

3.12 When a Seller or a Buyer accepts a Bid, a binding contract comes into existence between the Buyer and the Seller, as set out in Clause 5 of this Part B of these Terms below.

3.13 The payments made by the User(s) towards listing the auctions and participating in the auctions on the Platform will not carry any interest.

4.1 Provided that it has not been accepted, in accordance with Clause 5 of Part B of these Terms below, an auction may be retracted or withdrawn at any time by the User who has listed the auction on the Platform.

5.1 By listing an auction on the Platform, the relevant User shall be making an offer to sell or purchase the Commodities in accordance with the Contract terms specified within such auction (the "Offer").

5.2 When the Offer is accepted by another User ("Acceptance"), it becomes a valid and binding contract. For the avoidance of doubt, any Offer must be accepted in its entirety, in order to constitute a valid and binding Acceptance. Any modification or addition to any term or terms specified within an Offer cannot be made once the auction is Accepted.

5.3 Upon an Acceptance, a binding contract shall exist between the relevant Users and a "Contract Confirmation" shall be issued by the Platform to each of the relevant Users, in the form of an e mail or a phone message, confirming that a contract has been entered into and setting out the terms of such contract.

5.4 All Users accept that any Contract Confirmation shall constitute conclusive evidence of the terms of a valid and binding contract agreed and entered between the Buyer and the Seller through the Platform.

5.5 For the avoidance of doubt, any question as to whether a valid and binding contract has been formed between the Users through the Platform shall be determined in accordance with the laws of the Republic of India.

5.6 apnagodam does not guarantee, nor is it responsible for ensuring a successful conclusion of any auction listing, Bids, Offers, Acceptance, or Contract Confirmation on the Platform.

5.7 apnagodam does not guarantee that:

6.1 The Platform acts only as a technology platform for e commerce, providing an online marketplace for facilitating sale and purchase of Commodities, between the Users through auctions. Use of the Platform and/or the Services is for the limited purpose of allowing Users to connect with one another, list auctions, place Bids, generate Offers, generate Acceptances, and generate Contract Confirmations, finalizing and recording the contracts, and terms thereof, reached between the relevant Users for the sale or purchase of Commodities on the Platform and/or via the use of the Services.

6.2 apnagodam and its Affiliates are not responsible for any negotiation, formalisation, execution and/or satisfaction of any contract reached among the Users in or outside the Platform and/or the portal providing Services. apnagodam is not responsible for holding any inventory of the Commodities, nor does apnagodam assume ownership or possession of the Commodities, wholly or in part, for any duration whatsoever, at any time during the transaction cycle starting from the listing of the auction to delivery of the Commodities to the Buyer’s location.

6.3 apnagodam does not provide payment gateway services to the Users. Further, apnagodam does not act as a collecting agent for the payments between the Users, in connection with any contract concluded via the Platform and/or using its Services. Further, apnagodam does not engage in the logistics, distribution and transportation or handling of any food items. apnagodam provides listing services for Commodities via the Platform which facilitates trading of Commodities between independent Buyers and Sellers. To the extent apnagodam needs information and assistance from its Users for complying with any applicable law, you (the User) undertakes to provide all such assistance and information to apnagodam for complying with applicable law.

6.4 Neither apnagodam nor the Platform nor any of the Services shall constitute, or shall be construed, or shall be deemed to be, a market, a broker, an agent, a trader, a legal representative, an intermediary, or an employee of any User nor vice versa. The Terms shall not be deemed to establish a joint venture, partnership, agency and/or any other association of whatsoever nature between apnagodam and any User.

6.5 apnagodam is not a party to, nor is it bound by, any contract for the sale and purchase of Commodities negotiated via the Platform and/or the Services.

6.6 You agree that any negotiations, dealings, transactions and/or contracts agreed between you and other Users of the Platform and/or of the Services are conducted entirely at your own risk.

6.7 Users should seek appropriate legal advice before entering any binding obligations for the purchase or sale of any Commodities.

6.8 Users should conduct their own investigations as to the accuracy of any information submitted by Users on the Platform and/or in connection with or via the Services.

6.9 You agree that any purchases, sales, exchange of monies, exchange of Commodities and/or any other transactions are made solely in reliance on your own inquiries and inspections, and that apnagodam has not made and does not make any warranties or representations in relation to:

6.10 You acknowledge that apnagodam shall not be liable for any direct, indirect, and/or consequential loss or damages (including legal fees and other expenses incurred), nor will apnagodam be liable for any loss of profit, loss of business, loss of opportunity or loss of reputation (whether or not such loss of profit, loss of business, loss of opportunity or loss of reputation is direct, indirect and/or consequential) arising from or in any way connected with your use of the Platform and/or the Services.

6.11 We remind all Users that the performance of contracts for the sale or purchase of Commodities on the Platform may be subject to certain specific legislations, rules and/or regulations imposed by the Users’ respective countries of incorporation or residency, by countries of import, export or transit, and/or otherwise. We strongly encourage you to obtain legal and professional advice on such applicable legislations, rules and/or regulations, before entering any binding contractual obligations through the Platform. Without limitation to the preceding part of this Clause 6.11, the performance of contracts for the sale or purchase of Commodities entered via the Platform and/or using Services may be subject to sanctions or penal consequences in certain countries. apnagodam shall not be liable for any breach of any sanction or penal provisions committed by any User arising out of or in connection with any contract concluded via the Platform and/or the use of Services or for any inability, failure or refusal to perform its contractual obligation by a User as a result of any sanction or penalties.

7.1 That with each or some of its corporate Users, apnagodam may enter into a commercial service agreement, in addition to these Terms (such agreement, "Service Agreement") That it is agreed and accepted by the corporate User (or the Company under the Service Agreement or the Buyers and Seller under a Contract Note) that the transfer of the beneficial title and ownership of Commodities pursuant to an auction shall pass from the Seller to the Buyer at the exact time, place and moment specified in the Contract Note for that auction. For avoidance of doubt, the risk of loss, damage or deficiency in relation to the Commodities shall pass from the Seller to the Buyer concurrently with the transfer of the beneficial title and ownership of Commodities at the exact time, place and moment specified in the Contract Note. For avoidance of doubt, the parties hereto and thereto acknowledge and agree that at no time during the transaction the title, ownership or the risk of loss of the Commodities shall pass or be deemed to have passed to apnagodam (which shall only be responsible for providing the Platform for the Buyer and the Seller to carry out a trade on the Platform independently of apnagodam).

7.2 apnagodam shall manage each auction as an intermediary and a third-party service provider providing and managing the Platform, including but not limited to providing services such as listing of trades, mediation in disputes and settlement of payments in relation to each auction. 7.3 apnagodam is offering the Platform for the corporate User’s use only, and the corporate User shall be bound by its obligations under the Service Agreement and these Terms to deliver to the premises of the counterparty or lift from the premises of the counterparty, as may be applicable, the Commodities sold or bought through the Platform in accordance with the terms of the Contract Note for each auction.

7.3 If by virtue of expiry of loan contract or shortage of margin (where the amount of loan and interest there upon exceeds the value of commodity or likely to exceed within range of 5%) or non service of interest on due date to the lender then within 7 days of receipt of order from the lender, the warehousing company (SWLPL) is entitled to put the stock on auction and liquidate the stock and to pay off the amount due to lender. Remaining amount shall be refunded to user or willberecovered from the user as the case may be.

8.1 Any dispute relating to the quantity, quality, price, mode of delivery, etc., of the Commodity, involving a corporate User, with whom apnagodam has a Service Agreement, shall be handled and resolved amicably by such User with its counterparty in the auction. Managing, avoiding or resolving such a dispute between Users shall not in any way be the responsibility of apnagodam, and such dispute shall also not entitle the corporate User (either as a Buyer or a Seller) to request for a re-auction and/or claim any losses, damages, costs, refunds or recoveries (including the refund of the service fees (as set out in the Service Agreement)) from apnagodam.

8.2 Without prejudice to apnagodam’s right to receive the service fee (as set out in the Service Agreement) for the auction and its right to disclaim any liability or responsibility arising from such a dispute, apnagodam may, at the request of both the Buyer and the Seller in an auction where quality of the Commodity has been impugned, agree to assist the Company in collecting, coding and sending a sample of the impugned Commodity, in the presence of the representatives of both the Buyer and the Seller, to a third-party lab for inspection.

9.1 The corporate User represents and warrants to apnagodam that each of the Company Warranties (defined below) is, and will continue to be, true and accurate in all respects and not misleading as on the date of the Service Agreement between the User and apnagodam.

9.2 The corporate User shall not do, or omit to do, anything which would result in any of the Company Warranties (defined below) being breached or misleading at any time during the term of the Service Agreement.

9.3 The corporate User represent and warrant to apnagodam that each of the Company Warranties (defined below)is, and will continue to be, true and accurate in all respects and not misleading as on the date of the Service Agreement and during the term of the Service Agreement. The "Company Warranties" are as follows:

9.4 The corporate User shall not do or omit to do anything which would result in any of the Company Warranties being breached or misleading at any time during the term of the Service Agreement or during the term of the User’s registration with the Platform.

9.5 The corporate User shall notify apnagodam in writing with all material details of anything which is or may reasonably be expected to cause a breach of, or be inconsistent with, any of the Company Warranties immediately after it comes to its notice, at any time during the term of the Service Agreement or during the term of the User’s registration with the Platform.

9.6 The corporate User acknowledges that apnagodam is entering into the Service Agreement based on, and in reliance upon, representations in the terms of the Company Warranties under the Service Agreement.

9.7 Each of the Company Warranties shall be separate and independent and (unless expressly provided otherwise) shall not be limited by reference to any other Company Warranty or by anything in the Service Agreement.

9.8 apnagodam shall be entitled to claim that any of the Company Warranties given by the corporate User has been breached, is untrue or is misleading notwithstanding that apnagodam could have reasonably discovered the fact of such breach or inaccuracy on or before the date of the Service Agreement, or on or before the date of any Contract Note during the term of the Service Agreement.

9.9 If a breach of any Company Warranty occurs, or if the breach of any Company Warranty is discovered, during the term of the Service Agreement, apnagodam shall be entitled to treat the Service Agreement as terminated, provided that the accrued rights and liabilities of the parties shall continue to subsist.

9.10 To the extent that any of the Company Warranties are qualified by the knowledge of the corporate User, the knowledge of the corporate User shall be deemed to include any knowledge, belief or awareness which the corporate User would have had after having made all careful, usual and reasonable enquires.

10.1 The corporate User hereby accepts and agrees to fulfil and comply with the obligations under the Service Agreement, including fulfilment of such other necessary obligations as provided in these Terms. Further, the corporate User hereby agrees to hold harmless the indemnified persons under the Service Agreement from any suits or proceedings filed before any court of law, including any tribunal, in respect of the losses caused to the indemnified persons under the Service Agreement on account of the breach of the Corporate User’s obligations under the Service Agreement and these Terms by the corporate User.

10.2 Any compensation or indemnity as referred to above, shall be such as to place the indemnified persons under the Service Agreement in the same position as it would have been had there not been any breach of the Service Agreement and as if the Company Warranties or covenant or undertaking under which the indemnified persons under the Service Agreement are to be indemnified had been accurate or performed properly or fully.

10.3 The rights and remedies of the indemnified persons under the Service Agreement in respect of any breach of the Service Agreement, including without limitation breach of any of the Company Warranties, shall not be affected by any act or happening which otherwise might have affected such rights and remedies, except by a specific written waiver by the indemnified persons under the Service Agreement.

10.4 The rights of indemnification of the indemnified persons under the Service Agreement shall be in addition to all other rights available to them in law, equity or otherwise, including without limitation rights of specific performance, recession and restitution.

10.5 The corporate User shall not pursue any claim, seek damages, reimbursements or contribution from the indemnified persons in respect of any claim.

11.1 As a User of the Platform and the Services, the corporate User shall use the Platform and the Services at its own risk. To the fullest extent permissible by law, apnagodam and its Affiliates disclaim: (a) any representations or warranties regarding the Service Agreement, these Terms, the Contract Note or any other transactions contemplated by or in relation thereto, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement; (b) implied warranties arising out of the course of dealing, course of performance, or usage or trade; and (c) any obligation, liability, right, claim, or remedy in tort, whether or not arising from our negligence. apnagodam does not represent or warrant that the functions contained in the Platform and/or the Services will meet the corporate User’s requirements or be available, timely, secure, uninterrupted, or error free, and apnagodam will not be liable for any service interruptions, including but not limited to system failures or other interruptions that may affect the receipt, processing, acceptance, completion, or settlement of any transactions.

11.2 It is accepted and agreed by the corporate User and apnagodam that apnagodam’s responsibility is to match Buyers and Sellers through the Platform. In the event no interested Buyers or Sellers, as the case may be, participate in an auction, the corporate User shall not hold apnagodam liable for any shortfall in the trade or service levels. Further, apnagodam shall not be responsible for any direct or indirect losses to the corporate User in relation to the transactions contemplated under the Service Agreement.

11.3 Because apnagodam is not involved in transactions between the Buyers and Seller or other participant dealings, if a dispute arises between one or more participants (including the corporate User as a Buyer or a Seller), the corporate User releases apnagodam (and its agents and employees) from any claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

11.4 The corporate User acknowledges that, and agrees that it shall not hold apnagodam responsible or liable for, any downtime or other service interruptions or technical issues associated with the provision of online access to the modules and dashboards contained in the Platform. The corporate User shall look solely to the operator of apnagodam’s chosen online hosting platform and the other service providers that may facilitate online access for all technical support.

11.5 The corporate User shall not hold apnagodam responsible or liable for any shortage or non-fulfilment of the Services on the Platform or any other related website or mobile application, which shortage or non-fulfilment may arise due to or out of a technical failure or malfunctioning or otherwise, and the corporate User undertakes that, in such situations, the corporate User shall not claim any right, damages, relief, cost, recoveries, charges, penalties, etc., from apnagodam, including not claiming on any grounds under the consumer protection laws in India or any other applicable laws.

11.6 The corporate User shall not hold apnagodam liable for any and all fees, costs, charges, expenses, etc., incurred and payable by the corporate User to any third party service provider for any services needed for accessing the Platform, which services may include airtime, Internet services, connection costs, etc.; for these services and similar services, the expenses are to be borne by the corporate User itself.

11.7 Further, apnagodam shall not be responsible or liable for any malfunctioning or breakdown of the corporate User’s systems (e.g., computer or mobile hardware or Software) or any other device or application used for accessing or using the Platform, and the corporate User shall not claim any damage, loss, either direct or indirect, arising out of the use of the Platform by the corporate User.

11.8 apnagodam shall not be liable to the corporate User or any third party for any consequential, incidental, special, or indirect damages, regardless of whether the corporate User or third party has been advised of the possibility of such damages.

11.9 apnagodam shall not be liable (whether in contract, warranty, tort (including negligence, product liability, or other theory), or otherwise) to the corporate User (as a Buyer, Seller or a User) or any other person for cost of cover, recovery, or recoupment of any investment made by the corporate User or its affiliates in connection with this agreement, or for any loss of profit, revenue, business, or data or punitive or consequential damages arising out of or relating to the Service Agreement, even if apnagodam has been advised of the possibility of those costs or damages.

11.10 Further, under no circumstances, apnagodam’s aggregate liability arising out of or in connection with the Service Agreement or the transactions contemplated therein shall exceed at any time the total amounts during the prior one (1) month period paid by the corporate User to apnagodam in connection with the particular Service giving rise to the claim.

11.11 The foregoing limitations shall apply notwithstanding the failure of essential purpose of any limited remedy.

11.12 The single or partial exercise of any right or remedy under the Service Agreement shall not preclude any other right or remedy nor restrict any further exercise of any such right or remedy.

11.13 The rights and remedies provided in the Service Agreement are cumulative and do not exclude any rights or remedies provided by law.

11.14 The rights and remedies of apnagodam under the Service Agreement shall not be affected by the expiry of any limitation period prescribed by law in relation to a claim under the Service Agreement (including in relation to apnagodam’s claims arising from the breach of representations and warranties by the corporate User under the Service Agreement).

12.1 The corporate User shall not, and will cause its Affiliates not to, directly or indirectly: (a) disclose any auction information (except that the corporate User may disclose that information solely as necessary for it to perform its obligations under the Service Agreement if it ensures that every recipient uses the information only for that purpose and complies with the restrictions applicable to the corporate User related to that information); (b) use any auction information for any marketing or promotional purposes whatsoever, or otherwise in any way inconsistent with apnagodam’s privacy policy or applicable law; (c) contact a person that has ordered the Commodities offered by the corporate User with the intent to collect any amounts in connection therewith or to influence that person to make an alternative transaction; (d) disparage apnagodam, its Affiliates, or any of apnagodam’s or other User’s products or services; or (e) target communications of any kind on the basis of the intended recipient being a User.

12.2 During the course of the corporate User’s use of the Platform and/or the Services, the corporate User may receive information relating to apnagodam, the Platform or to the Services, including but not limited to some auction or listing information, that is not known to the general public ("Confidential Information"). The corporate User agrees that: (a) all Confidential Information shall remain apnagodam’s exclusive property; (b) the corporate User shall use Confidential Information only as is reasonably necessary for its participation in the Services; (c) the corporate User shall not otherwise disclose Confidential Information to any other person or for any other purpose; and (d) the corporate User shall take all measures to protect the Confidential Information against any use or disclosure that is not expressly permitted in the Service Agreement. The corporate User shall not issue any press release or make any public statement related to the Services, or use apnagodam’s name, trademarks, or logo, in any way (including in promotional material) without apnagodam’s advance written permission, or misrepresent or embellish the relationship between apnagodam and the corporate User in any way. The corporate User shall not disclose Confidential Information to any third party even after the termination or expiry of the term of the Service Agreement.

12.3 Under no circumstances shall the corporate Users disclose to any third party any content, image, instructions, diagram, text, or other information from the Platform or that is based upon or aggregated or derived from the Platform and that effectively discloses information contained in the Platform or could allow a third party to ascertain information contained in the Platform, without the prior written consent of apnagodam.

12.4 Under no circumstances shall the corporate User copy, use, re-use, produce, reproduce or duplicate, by any means, the content on the Platform or any materials or information associated with the Platform (regardless of whether those materials and contents were prepared by apnagodam, the corporate User or a third party), without the prior written consent of apnagodam.

12.5 Further, under no circumstances shall the corporate User sell, lease, assign, sublicense, or otherwise transfer or disclose, or permit the transfer or disclosure of access to the Platform, in whole or in part, to any third party, or permit any third party to use or access the Platform or materials and contents associated with the Platform, without the prior written consent of apnagodam.

12.6 The Company acknowledges and agrees that apnagodam shall exclusively retain all right, title, and interest in and to the Platform, including without limitation to all the Intellectual Property and any other rights associated with apnagodam and the Platform, and that at no time, whether during the term of this Agreement or thereafter, shall the Company have any right to use the Intellectual Property or any other rights of apnagodam or the Platform without the prior written consent of apnagodam. The Company acknowledges and agrees that it will not contest or assist any third party in contesting apnagodam’s ownership rights to the Platform or any Intellectual Property or any other rights of apnagodam or any of Apnagodam’s employees, members, officers, directors, affiliated entities, licensees, agents, or other representatives.

12.7 apnagodam shall have the right to use the name, image, likeness or other information about the Company in apnagodam’s advertising and/or promotion.

The corporate User shall have no authority to control the day-to-day activities of apnagodam. Further, the corporate User shall have no authority to make or accept any offers or representations or create or assume any liabilities on apnagodam’s behalf. The Service Agreement shall not create an exclusive relationship between the corporate User and apnagodam. Nothing expressed or mentioned in or implied from the Service Agreement is intended or will be construed to give to any person other than the parties to the Service Agreement any legal or equitable right, remedy, or claim under or in respect to the Service Agreement. The Service Agreement and all the representations, warranties, covenants, conditions, and provisions in the Service Agreement are intended to be and are for the sole and exclusive benefit of apnagodam and the corporate User. As between the corporate User and apnagodam, the corporate User shall be solely responsible for all obligations associated with the use of any third-party service or feature that the corporate User permits apnagodam to use on its behalf, including compliance with any applicable terms of use. The corporate User will not make any statement, whether on the Platform or otherwise, that would contradict anything in this Clause.

apnagodam will charge a service fee for providing the Platform and/or the Services for facilitating an auction. The percentage of the Service Fees will be mentioned in the Contract Note for every auction. Payment of such Service Fees shall be made against and in accordance with the terms of apnagodam’s invoice issued to the User, including in accordance with the time period specified for payment and using the bank account details contained in the Contract Note.

In the event of any delayed payment or non-payment, apnagodam shall be entitled to take any steps it considers appropriate, including without limiting to any other remedy available to us, for: (a) charging interest at a rate of 18% per annum on the amount due in accordance with our invoice; and/or (b) cancelling the User’s access to the Platform and/or the Services.

apnagodam reserves the right to modify the Service Fees from auction to auction at its sole discretion and/or depending on each Service.

Payment of the Service Fees shall be made against and in accordance with the terms of the specific Contract Note and the apnagodam invoice issued to the User, including the time period specified for payment and bank account details contained therein.

This document explains how apnagodam collects, processes, stores and/or shares any Personal Information (as defined below) and/or other information from or about the Users.

WE VALUE OUR USERS’ PRIVACY AND SO WE HAVE PREPARED THIS PRIVACY POLICY DOCUMENT TO DEMONSTRATE THIS.

By accessing and/or using the Platform, you consent to the collection, storage, disclosure and other uses of your information in accordance with this Privacy Policy. As set out in the General Terms set out herein above, you must be at least of legal age to access the Platform and/or use the Services.

PLEASE CAREFULLY READ THIS DOCUMENT BEFORE SUBMITTING ANY INFORMATION ON THE PLATFORM.

We may update this statement from time to time by publishing a revised version on the Platform in accordance with the Privacy Policy. Please check this Privacy Policy document each time before you share Personal Information with us.

apnagodam may share the information (including your Personal Information) with our Affiliates, employees, directors, agents, contractors, business partners and our successors or permitted assigns or any third party service provider, for the purposes of providing you access to the Platform and/or Services, and by registering on the Platform and/or for our Services, you provide your express consent to us that we may collect, store, share, transmit or otherwise use your information (including Personal Information) in accordance with this Privacy Policy in particular and these Terms in general.

1.1 Personal Information: When you create an account or register with us, we collect information that can be used to identify you ("Personal Information"). Personal Information may include your e mail address, name, username, address, and phone number, Aadhar number, PAN Card number and any other personally identifiable information that you may choose to provide us or that you choose to include in your account on the Platform. We may also collect Personal Information that you provide when you list an auction, place Bids, make an Offer or an Acceptance, or otherwise communicate with us or other Users on or through the Platform.

THE PLATFORM WILL NOT BE AVAILABLE TO INDIVIDUALS OR ENTITIES NOT REGISTERED WITH apnagodam. IF YOU ARE NOT REGISTERED, YOU WILL NOT BE ABLE TO USE THE PLATFORM.

1.2 Your Content and Communications: Our Services permit you to interact with us through the notification system. We collect and store all of the comments, communications and chats you post, transmit or generate on the Platform and/or through the Services. When you ask for assistance from apnagodam for customer support, the contact information you provide will be collected, as well as the information which you post while using the Platform and/or the Services, such as, your user ID number, etc., and any correspondence or information contained within.

1.3 Cookies:apnagodam may employ cookies to track your access to the Platform and/or Services. These technologies operate either by placing a small file which stores some information on your computer or mobile device; and/or by accessing information on your device. apnagodam uses cookies and similar technologies to recognize your device, for example by identifying your IP address, and to collect data such as your device’s model, operating system and screen size, other applications installed on your device, time and date, and other information about how you use the Platform and/or Services. apnagodam uses this information (a) to store and access information; (b) to enable apnagodam to provide you with more customized services; and (c) to collect other information about your use of our Services.

2.1. Use of information

You agree that apnagodam and/or service providers on apnagodam’s behalf may use the information they collect, including your Personal Information for the purposes of:

You may unsubscribe from some of these messages by sending an e mail to us at the e mail address set out at Clause 9 of this Part C below.

2.2. Information available

By using the Platform and/or the Services you make certain that your Personal Information will be available to other Users. For example, when a trade is closed on the Platform, apnagodam provides the contact information of the execution profile or, in case such profile is not available, the commercial profile, to other Users. When you list an auction with your details on the Platform, such listing, post and/or activity are shared with other Users who may then share this information with others through the Platform and/or Services or outside the Platform and/or Services. You acknowledge that you have no expectation of privacy in relation to the auctions, Bids, Offers, Acceptance, Contract Confirmation, which are posted on the Platform.

NOTWITHSTANDING THE ABOVE, LISTINGS/POSTINGS MADE ON THE PLATFORM WILL ONLY BE SHARED WITH OTHER USERS.

2.3. Other transfers

To provide access to its Platform and/or Services, apnagodam may disclose information to third parties which provide apnagodam administrative or other business services, such as hosting.

ANY DISCLOSURE IS ALWAYS ON A CONFIDENTIAL BASIS.

If apnagodam’s control is acquired by person(s) other than the present promoters, we may share Personal Information with such person(s), but even they will have to store and use such information in compliance with this Privacy Policy. We may also disclose information for other purposes to the extent authorized and/or required by law or judicial order. Otherwise, we do not disclose information for any other purposes, unless it has your consent.

apnagodam takes all reasonable and sound steps to ensure that the information is protected against misuse, loss, unauthorized access, modification, and/or disclosure. apnagodam adopts and applies appropriate data collection, storage, management practices, and security procedures to protect against unauthorized access, alteration, addition, deletion, disclosure, and/or destruction of a User’s personal information, including their username, e mail address, password, transaction information, and any other data stored on the Platform. However, no data storage or transmission over the Internet or other network can be guaranteed to be 100% secure. Accordingly, apnagodam does not guarantee that information will not be accessed, disclosed, altered or destroyed by any breach of any of the abovementioned safeguards. To the extent applicable, apnagodam complies with all applicable data protection laws and you (the User) are duly bound to provide all reasonable assistance and information to apnagodam in relation to compliance with such laws.

You have the right to access the Personal Information we collect and hold about you. If at any time you would like to access or change your Personal Information, or you would like more information on our approach to protecting your privacy, please contact us at the contact details set out at Clause 9 of this Part C. You can opt out of receiving certain promotional or marketing material by selecting the unsubscribe option contained within the e mails providing such material or contacting us at the contact details set out at Clause 9 of this Part C. However, you cannot opt out of receiving all e-mails from us in relation to youe use of the Platform, such as, e-mails about the status of your account.

apnagodam may retain the information (including Personal Information) for as long as is necessary to fulfill the purposes for which it was collected or as needed to provide, even after you have discontinued or deleted any account or have ended the provision of the Services, if retention of such information is reasonably necessary to comply with apnagodam’s legal obligations, regulatory requirements and for resolving disputes between Users or for preventing fraud, for backup, archival, and/or audit purposes or any other use.

On the Platform, you may find links to third party websites. You understand that when you click on these links any data which you provide afterwards is subject to that third party's privacy policy and not to apnagodam’s. Consequently, apnagodam takes no responsibility for the content, safety or security of any third-party websites.

Notwithstanding anything to the contrary in this Privacy Policy, apnagodam may preserve or disclose your information: (a) to the extent reasonably necessary to comply with a law, regulation or legal request; (b) to protect the safety of any person; (c) to address fraud, security or technical issues; or (d) to protect apnagodam’s rights or property. However, nothing in this Privacy Policy is intended to limit any legal defenses or objections that you may have to a third party’s, including a government’s request to disclose your information. If any court or other competent authority finds any of this Privacy Policy to be invalid or unenforceable, the other terms of this Privacy Policy will not be affected.

The most recent version of this Privacy Policy will govern the use of the information (including Personal Information) on the Platform. We may revise or amend this Privacy Policy from time to time. If we decide to change this Privacy Policy, we will inform you by posting the revised Privacy Policy on the Platform. apnagodam may also, but is not required to, notify you of changes to the Privacy Policy via e mail to the email address associated with your account. If you object to any changes to the Privacy Policy, you should immediately stop using the Platform and/or Services and close any related accounts. By continuing to access or use the Platform and/or Services after changes have become effective, you agree to be bound by the revised Privacy Policy.

If you have any questions or comments about this Privacy Policy, please contact:

This contract note sets out the specific terms in respect of a particular Auction conducted on the Platform and constitutes a binding agreement between the Buyer, the Seller and apnagodam (such parties, "Parties") (such agreement, "Contract Note"). This Contract Note needs to be read with and understood in light of the T&Cs and the Service Agreement. However, in the event of any inconsistency or contradiction between the specific terms of this Contract Note and the terms set out under the T&Cs and/or the Service Agreement, the terms of this Contract Note shall prevail and will be binding on the Parties hereto.

This contract note sets out the specific terms in respect of a particular Auction conducted on the Platform and constitutes a binding agreement between the Buyer, the Seller and apnagodam (such parties, "Parties") (such agreement, "Contract Note"). This Contract Note needs to be read with and understood in light of the T&Cs and the Service Agreement. However, in the event of any inconsistency or contradiction between the specific terms of this Contract Note and the terms set out under the T&Cs and/or the Service Agreement, the terms of this Contract Note shall prevail and will be binding on the Parties hereto.