Disclaimer & Limitation of Liability

This Disclaimer and Limitation of Liability Agreement ("Agreement") governs the use of the TEA BOARD E-MARKET PLATFORM ("Platform") owned and operated by Tea Board, a body corporate constituted under the Tea Act, 1953, with its principal office at 14, B.T.M. Sarani, Kolkata 700001.

By accessing, browsing, or using this Platform, or by purchasing any products or services offered herein, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions set forth in this Agreement.

1. Definitions

• Platform — TEA BOARD E-MARKET PLATFORM, an e-commerce portal for facilitating the sale and purchase of Tea Mark certified tea.
• Products — the various types of tea listed for sale by Sellers on the Platform, certified with the Tea Mark.
• Seller — a tea producer duly authorised by Tea Board to use Tea Mark and registered on the Platform.
• Services — the e-commerce facilitation services provided by the Tea Board through the Platform, connecting Buyers with tea producers.
• User — any natural or legal person who has agreed to become a buyer or seller on the Platform.

2. General Disclaimer

The Platform, Services, and all information, content, materials, and Products are provided on an "AS-IS" and "AS-AVAILABLE" basis without any representations or warranties of any kind, either express or implied. The Tea Board does not warrant that the Platform will be constantly available, or that information on it is complete, true, accurate, or non-misleading.

3. No Warranty

To the maximum extent permitted by applicable law, the Tea Board expressly disclaims all warranties including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, quality, accuracy, title, and non-infringement. The Tea Board makes no warranty that:

• Products will meet the User's requirements or expectations, including subjective attributes such as taste, aroma, or colour.
• The quality of any Products or Services will be satisfactory, free from defects, or reliable.
• Descriptions, pricing, images, or other content related to Products as provided by Sellers are accurate, complete, or error-free.
• The Platform or its servers are free of viruses or other harmful components.

4. Disclaimer on Product Information and Health

All information regarding Products, including origin, processing, health benefits, and certifications, is provided by the Sellers. The Tea Board acts solely as a facilitator and does not verify or endorse such information. You assume all risks associated with the use and consumption of the Products. You are advised to consult a medical professional regarding any health concerns or dietary restrictions before consuming any product purchased through the Platform.

5. User's Liability

The Platform is a marketplace that facilitates transactions between Users. The Tea Board is not a party to any contract of sale between Users and accordingly disclaims all liability arising from the actions, omissions, content, products, or services of any Sellers, manufacturers, payment gateways, or linked websites. Any claims or disputes related to a Product must be directed to the respective Seller.

6. Limitation of Liability

To the fullest extent permitted by applicable law, the Tea Board, its Chairman, Deputy Chairman, Officers, Employees, authorised persons, and affiliates shall not be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages arising out of or connected with:

• The User's use of or inability to use the Platform or Services;
• The cost of procurement of substitute goods and services;
• Any products purchased or transactions entered into through the Platform;
• Any delay in shipping, damage, defect, or injury arising from the Products;
• Any errors, interruptions, defects, viruses, or delays in operation or transmission;
• Unauthorised access to, or alteration of, your transmissions or data; or
• The statements or conduct of any User on the Platform.

7. Indemnification

The User agrees to indemnify, defend, and hold harmless the Tea Board, its affiliates, officers, directors, employees, and authorised persons from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• The User's use of the Platform or Products;
• The User's violation of any term of this Agreement;
• The User's violation of any rights of any third party, including any Seller; or
• Any content the User posts or submits on or through the Platform.

8. No Guarantee of Uninterrupted Service

The Tea Board does not guarantee continuous, uninterrupted, or secure access to the Platform or its Services. The operation of the Platform may be interfered with by numerous factors outside the Tea Board's control, including internet disruptions, system maintenance, or technical failures.

9. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of India. Any legal action or proceeding arising out of or relating to this Agreement shall be brought exclusively in the competent courts having jurisdiction in Kolkata, West Bengal, India.

10. Severability

If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.