Terms of Service
These Terms and Conditions govern your use of CoalMint and the services provided by it. The company provides its services subject to the following terms, conditions, and provisions. By accessing, viewing, or using its services, including but not limited to its various websites, SMS, APIs, email notifications, applications, buttons, widgets, and ads etc. you indicate that you understand these Terms and Conditions and accept them as the legal equivalent of a signed, written contract, binding you to these Terms and Conditions.
Your participation as a customer in this service will constitute acceptance of this agreement.
THIS SERVICE AGREEMENT (this “Agreement”) is entered into by and between CoalMint Info Services LLP (“CoalMint”) and its Customer (“Subscriber”). It constitutes understanding by the Subscriber of the Methodology and Price Assessment Process (Annexure A) used by CoalMint in providing its services.
WHEREAS, BigMint Technologies Private Limited (“SteelMint”) is a Limited Liability Partnership, which owns and operates the following websites:
WHEREAS, CoalMint is a third party data aggregator for iron and steel sector having its registered office at #301, Jeevan Parisar, Rajeev Nagar, Raipur 492007, Chhattisgarh. It collects information and data in context to prices, exports and imports, and production from varied sources based in India and outside India. Its objective is to conduct transparent and unbiased data analysis and research in order to help its clients make an informed decision.
WHEREAS, the Subscriber is any entity or person which subscribes to the services provided by CoalMint, either online or through SMS, or any other mode that the parties may agree.
NOW, THEREFORE, the parties hereby agree as follows:
1. FORMATION OF THE CONTRACT
- The process of registration or subscription to CoalMint’s services shall conclude upon receipt of the requisite subscription charges, as prevalent, at the time of such registration. A Contract with the Subscriber for receipt of the services pursuant to subscription to the services will come into effect when CoalMint sends the Subscriber, an email or SMS/Mobile Notification, confirming the Subscriber’s subscription details and not before.
- Unless otherwise agreed in writing, CoalMint shall charge the Subscriber either in US Dollars or in Indian Rupee. The Subscriber shall also pay any taxes, as applicable, levied under any applicable law.
- The Subscription Price is set out in the webpage on CoalMint’s website, which mentions the Subscription Process. The Subscriber may take an annual subscription, which will not be renewed automatically.
- CoalMint will notify the Subscriber15 days in advance regarding the expiry of its subscription along with the prevailing Subscription Price. The Subscriber then, will have to manually renew the subscription by payment of the Subscription Fee for the extended period. The Subscriber shall remain informed that its Internet Service Provider and/or telephone operator may separately charge it for the time spent accessing CoalMint’s website in the manner agreed between the Subscriber and its Internet Service Provider.
- The Subscriber warrants that it is legally capable of entering into binding contracts.
- The Subscriber warrants that the registration is for a single user only, unless CoalMint agrees otherwise in writing.
- The Subscriber further warrants that all the information provided to CoalMint during the registration process is true and accurate. If the Subscriber provides an e-mail address, that will result in e-mails or SMS/Mobile Notifications that CoalMint sends to the Subscriber via a computer or telephone network operated or owned by a third party, then, the Subscriber warrants that the Subscriber is entitled to receive those messages. CoalMint allows the Subscriber access to the subscription services on the basis that:
- User name and password are personal to it and may not be used by anyone else;
- The Subscriber will not do anything which would assist anyone who is not a registered user to gain access to any registration area of CoalMint’s website;
- The Subscriber does not maliciously create additional usernames for the purpose of abusing the functionality of CoalMint’s website, or other users; nor does it seek to pass itself off as another user by adopting a similar username;
- If for any reason, CoalMint comes to believe that the Subscriber has not complied with these requirements or any other provision of these Terms, CoalMint may, at its discretion, cancel the Subscriber’s access to the Subscription Services. If CoalMint decides to terminate the Subscriber’s registration, it shall do so by emailing the Subscriber at its registered address stating that its registration has been terminated. Pursuant thereto, the Subscriber’s username and password will become invalid immediately.
3.NON-CONFLICT OF INTEREST
- CoalMint expressly reserves the right to contract with others to provide services similar or identical to those provided under this Agreement to the Subscriber, however, the Subscriber shall not share any information regarding the services with CoalMint’s competitors during the term of this Agreement, and one (1) year thereafter.
4.COPYRIGHT AND LIMITATIONS ON USE
- The Content displayed or received by the Subscriber through the subscription to CoalMint’s services is the property of CoalMint or its licensors, and is protected by Copyright and other Intellectual Property Laws.
- CoalMint’s website and the content may be used only for the Subscriber’s personal and non-commercial use. Reproduction of part or all of the contents of website in any form is expressly prohibited.
- Access to the information on CoalMint’s website shall in no manner imply any right or permission to copy, or allow for incorporation of any material, or any part therein, in any work or publication not limited to any other form. By accessing the website, the Subscriber agrees that reproduction, printing, re-transmission; copying, distribution, publishing or selling of any Content provided on CoalMint’s website is expressly prohibited. In particular, and without limitation, the Subscriber expressly agrees that it shall not post any content to any email lists, newsgroups or electronic bulletin boards, without the prior written consent.
- To request consent for matters, the Subscriber may contact CoalMint at [email protected]. All rights (including Copyright) in relation to the Information/Content on CoalMint’s website exclusively belong to CoalMint. Any violation(s) by the Subscriber or any person acting on its behalf shall subject the Subscriber to legal consequences, not limited to damages, fines/penalties, and any other necessary court action.
- The Subscriber hereby acknowledges that it has subscribed to CoalMint’s website, in order to receive email, SMS, mobile notification of news, information, and understand the Iron & Steel industry, against which it pays a nominal Subscription Fee.
- CoalMint has taken due care and caution in compilation of the Content for its website. The Content includes facts, views, and opinions, which are of individuals and not that of the website or its management. CoalMint and its Content licensors do not give any investment advice, tax advice, legal advice, or other professional advice. CoalMint and its Content licensors do not guarantee or warrant the accuracy, completeness or timeliness of, or otherwise endorse these views, and opinions. CoalMint advises the Subscriber should always seek the assistance of a professional for advice on investments, tax, the law, or other professional matters. CoalMint especially states that it has no financial liability whatsoever to any user on account of the use of information provided on its website.
- CoalMint is not responsible for any errors, omissions, or representations on any of its pages or on any links on any of its pages. CoalMint does not endorse in anyway any advertisers on its webpages. CoalMint advises its Subscribers to verify the veracity of all information before undertaking any alliance.
- International copyright, database right and other intellectual property rights owned by CoalMint or third party licensors protect CoalMint’s Content. All product and company names and logos mentioned on CoalMint’s website may be trademarks, service marks or trading names of their respective owners, including CoalMint.
- The Subscriber may display the Content to one person electronically on a single computer, download and store one copy of the information in machine readable form, print (but not photocopy) one copy of the information and store such pages for caching purposes only. Except in the case of information the Subscriber has placed on CoalMint’s website, the Subscriber may not do any of the following without CoalMint’s prior written consent, or the prior written consent of the owner of the intellectual property rights, as the case may be:
- Download, display or store any of the Content otherwise than as permitted above;
- Modify, reproduce, transmit, publish, display, copy, distribute, broadcast, adapt, create derivative works of or in any way commercially exploit any of the Content;
- Sub-license, rent, lease, transfer or attempt to assign the rights in the Content to any other person, make the materials available on a network, use the information in any manner, or transfer or export the Content or any copies into any country, other than in compliance with these Terms and with applicable laws or allow any other person to use the information other than in accordance with the Terms and the subscription agreement;
- Redistribute any of the Content (including using it as part of any library, archive or similar service);
- Remove the copyright or trade mark notice(s) from any copies of the Content permitted in accordance with these Terms;
- Systematically or regularly download, store or print any of the Content so as to create a database in electronic or paper form; and
- Deep link to, frame, spider, harvest or scrape the Content or otherwise access the Content for similar purposes.
- CoalMint’s website or the Content provides links to other Internet sites. CoalMint does not necessarily endorse these sites. CoalMint does not have any control over the content of these sites. If CoalMint receives requests to remove links from its database and search services, CoalMint reserves the right to address such requests individually, but the general approach that CoalMint takes reflects the following principles:
- The databases used in connection with CoalMint’s search services consist of information that has been identified, indexed and compiled through an automated process with no advance review by human beings. Given the enormous volume of information added, deleted, and changed on a frequent basis on CoalMint’s website, CoalMint cannot and does not screen anything made available through its search services’ database.
- Please note that in such cases, where the Subscriber refers to the content or information of another website, the resulting legal contract shall be between the Subscriber and that third party website owner, and shall be subject to the terms of that third party website, which they shall advise the Subscriber of themselves. The Subscriber shall carefully review their terms and conditions applying to the transaction. CoalMint shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any third party website.
8.OUR REFUNDS POLICY
- If the Subscriber chooses to cancel the subscription from anytime between its commencement and expiry, the amount received will not be refunded unless:
- It is otherwise agreed upon in writing at the time of the subscription by the Subscriber; or
- If the management at CoalMint deems it fit to refund or reconcile it with other group services.
- If the service is discontinued by CoalMint, the refund payable amount shall be calculated on pro-rata basis and after deduction tax liabilities like GST/ Service Tax.
- Except as stated in clause 8.1 above, the subscription fee shall not be refunded.
- The Subscriber shall indemnify, hold harmless and defend CoalMint, its subsidiaries and affiliates, licensors and all its members, directors, officers, employees, agents and representatives, from or against any liabilities, claims, demands, penalties, fines, lawsuits, judgments, losses and expenses (including any direct or indirect consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other professional costs and expenses) (a) on account of bodily injury, death, or damage to property that results from the fault, negligent act or omission, or willful misconduct, in each case, in connection with this Agreement; (b) resulting in any way from the breach of this Agreement; (c) resulting in any way from any allegation of infringement or misappropriation of any patent, copyright, trade secret, trademark, or other intellectual property right under this Agreement.
- This Agreement shall commence in accordance with Clause 1 and shall (subject to earlier termination pursuant to this Clause) continue from year to year indefinitely, unless the Subscriber fails to renew the subscription under Clause 1.3.
- CoalMint may terminate the subscription at any time by written notice/email to the Subscriber, if the Subscriber commits any breach of any of its obligations mentioned here in these terms or any other applicable conditions.
- Upon termination of this Agreement, the Subscriber shall be liable and continue to be held accountable for any acts or omissions done by it, directly or indirectly, during the term of its subscription to CoalMint’s website. The termination of this Agreement shall in no event terminate or prejudice (a) the warranties provided by the Subscriber in Clause 2; (b) the copyright protection and the proprietary rights under Clause 4 and 6; (c) indemnification agreed to in Clause 9; (d) this Clause 10.3; and (e) the agreed law and jurisdiction determined in Clause 27 hereto.
- When using CoalMint’s website, the Subscriber accepts that communication with CoalMint will mainly be electronic. CoalMint will contact the Subscriber by e-mail or provide the Subscriber with information by posting notices on its website. For contractual purposes, the Subscriber agrees to this electronic means of communication and acknowledges that all contracts, notices, information and other communications that CoalMint provides to the Subscriber electronically, comply with any legal requirement that such communications be in writing. The Subscriber agrees that this condition does not affect its statutory rights.
- All notices given by the Subscriber to CoalMint must be given to CoalMint at #301, Jeevan Parisar, Rajeev Nagar, Raipur - 492007, Chhattisgarh or be emailed at [email protected]. CoalMint may give notice to the Subscriber on either the e-mail or postal address that the Subscriber provides to CoalMint while registering with it, or in any of the ways specified in Clause 11. Notice will be deemed to be received and properly served immediately when posted on CoalMint’s website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of e-mail; that such e-mail was sent to the specified e-mail address of the addressee.
13.TRANSFER OF RIGHTS AND OBLIGATIONS
- This Agreement between the Subscriber and CoalMint shall be binding upon the Subscriber and CoalMint and on their respective successors and assignees.
- The Subscriber may not transfer, assign, charge or otherwise dispose of the Agreement, or any of its rights or obligations arising under it, without CoalMint’s prior written consent.
- CoalMint may transfer, assign, charge, sub-contract or otherwise dispose of the Agreement, or any of its rights or obligations arising under it, at any time during the term of the Agreement.
- CoalMint shall not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under the Agreement that is caused by events outside its reasonable control.
- The aforementioned shall include any act or event, non-happening, omission or accident of which is beyond CoalMint’s reasonable control and includes in particular (without limitation) the following:
- Strikes, lock-outs or other industrial action;
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- Impossibility of the use of public or private telecommunications networks; and
- The acts, decrees, legislation, regulations or restrictions of any government.
- CoalMint’s performance under this Agreement, or any other Agreement, shall be deemed to be suspended for the period that the Force Majeure Event continues. The parties shall use all their reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which their obligations under the Agreement may be performed despite the Force Majeure Event. The Subscriber hereby agrees that its subscription tenure will not be extended for such Force Majeure Event.
- No waiver by CoalMint of any of these terms will be effective unless it is expressly stated to be a waiver and is communicated to the Subscriber in writing in accordance with clause 12 above.
- If any of these terms or any provisions of the Agreement are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- These terms and any document expressly referred to in them constitute the whole agreement between the parties and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between the parties relating to the subject matter of any Agreement.
17.COALMINT RIGHT TO VARY THESE TERMS
- CoalMint shall have the right to revise and amend these terms from time to time.
- The Subscriber agrees to keep regular track of these terms, which are always available on CoalMint’s website and agrees that they are binding on the Subscriber. Should the Subscriber, at any time after its subscription, does not agree to any change, then it shall be promptly communicated to CoalMint, and CoalMint then shall, either refund the subscription fee (refund amount to be calculated on pro rata basis) or mutually agree to the variations in these terms (concerning the revised portion) in writing. However, if no such communication is received within 15 days from the date of revisions or amendments in these terms, the Subscriber hereby agrees to abide by the revised terms.
This Agreement shall be deemed to have been jointly drafted by both the parties and, in the event of a dispute, shall not be construed against either party solely for the reason that it has or has not drafted the agreement. Each party acknowledges that it has had the opportunity to consult with a counsel of its own choosing prior to entering into this Agreement.
19.COMPLIANCE WITH LAWS
The parties shall comply with all international, national, state, and local laws, ordinances, rules, regulations and orders applicable to them with respect to their performance of the services and obligations under this Agreement.
The parties shall execute and deliver such further documents and instruments and perform such further acts as may be reasonably required to carry out the intent and purposes of this Agreement.
21.HEADINGS AND CONSTRUCTIONS
The headings of the paragraphs of this Agreement are inserted for convenience only and are not intended to affect its meaning or interpretation. Throughout this Agreement, the singular shall apply to the plural and the plural to the singular, unless the context clearly indicates otherwise.
22.LIMITATION OF LIABILITY
CoalMint shall not be responsible or liable to the Subscriber for consequential, incidental, punitive or special or indirect damages. In no event will, CoalMint’s liability for direct damages, regardless of the form of action, exceed 10% of the amount paid in fees under the applicable subscription model in the last three (3) months preceding the date of the incident giving rise to the action, regardless of whether an action is brought in contract or in tort, including indemnity, negligence, strict liability, or otherwise.
23.SOLICITATION OF ADVICE
The Subscriber agrees that during the term of this Agreement and for two (2) years thereafter, it shall not directly solicit expert advice relating to CoalMint’s services from any employee of CoalMint without first obtaining express consent from CoalMint.
24.EFFORTS TO RESOLVE DISPUTES
The Parties shall use their best efforts to resolve any dispute under or in relation to this Agreement quickly and amicably to achieve timely and full performance of the terms of this Agreement.
25.NOTICE OF DISPUTE AND INFORMAL RESOLUTION
Any party which claims that a dispute, controversy, or claim has arisen under or relating to the Agreement must give written notice thereof to the other party as soon as practicable after the occurrence of the event, matter, or thing which is the subject of such dispute. In such notice, such party shall provide particulars of the circumstances and nature of such dispute and of its claim(s) in relation thereto and shall designate a person as its representative for negotiations relating to the dispute, which person shall have the authority to bind the party in the settlement of the dispute. Within fourteen (14) calendar days from receipt of such notice, the receiving party shall promptly give reply in writing to the other party specifying its position in relation to the dispute and designating its representative in negotiation relating to the dispute. The designated representative of each party shall use all reasonable endeavors to settle the dispute within ten (10) calendar days.
26.AGREED DISPUTE RESOLUTION PROCESS
- If the parties’ designated representatives cannot resolve the dispute within the time specified in preceding sub-section, then either of the parties shall, within a period of twenty-eight (28) days, may give notice to the other party, of its intention to commence arbitration, as hereinafter provided, as to the matter in dispute. No arbitration in respect of this matter may be commenced unless such notice is given.
- Any dispute or difference in respect of which a notice of intention to commence arbitration as above has been given, it shall be finally settled by arbitration.
- A Sole Arbitrator appointed by mutual consent of the parties shall hear any dispute or difference submitted by a party to arbitration. If the parties fail to appoint a Sole Arbitrator by mutual consent, the same shall be appointed by the High Court of Chhattisgarh as per Section 11 of the Arbitration and Conciliation Act, 1996 on an application made by any of the parties for the purpose thereof.
- Arbitration proceedings shall be conducted in accordance with the Indian Arbitration and Conciliation Act, 1996 including any statutory modifications or re-enactment thereof and the rules made thereunder. The place of arbitration shall be Raipur, unless otherwise agreed between the parties. The language of arbitration shall be the language in which this contract is being executed.
- The decision of the arbitration tribunal shall be final and binding and shall be enforceable in any court of competent jurisdiction as a decree of the court. The parties thereby waive any objections to or claims of immunity from such enforcement.
- The arbitrator shall give a reasoned award.
- Notwithstanding any reference of dispute or difference under this clause, the parties shall continue to perform their respective obligations under the contract unless they otherwise agree.
27.LAW AND JURISDICTION
This Agreement or the dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by Indian Law. Any dispute or claim arising out of or in connection with such Agreement or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of Raipur, Chhattisgarh.