Terms & Conditions

This document is an electronic record under the Information Technology Act, 2000. It is published in accordance with Rule 3(1) of the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

The Platform is owned and operated by Tea Board, a body corporate constituted under section 4 of the Tea Act, 1953, with its head office at 14, B.T.M. Sarani, Kolkata 700 001 ("the Board").

By accessing or using the Platform, the User agrees that a contractual relationship is formed with the Board. These Terms and Conditions, together with the applicable policies, shall constitute binding obligations on the User in relation to the Board.

1. Definitions

• Agreement — these Terms and Conditions, the Privacy Policy, and any other rules and policies of the Platform.
• Buyer — any User who places an order for teas bearing Tea Mark listed for sale on the Platform.
• Intellectual Property Rights — all intellectual property rights including copyrights, trademarks, trade names, service marks, patents, and designs subsisting under the laws of each and every jurisdiction throughout the world.
• 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.
• Tea Mark — the certification mark authorised/licensed by Tea Board, signifying compliance with specific quality, authenticity, and production standards.

2. Scope of Services

• The Platform is an e-commerce marketplace providing a digital venue for Tea Mark certified Sellers to showcase and sell their teas directly to Buyers.
• The Board's role is limited to providing the Platform as an intermediary. The contract for sale of any Product shall be a strictly bipartite contract between the Seller and the Buyer.
• At no time shall the Board have any right, title, or interest over the Products, nor any obligations or liabilities in respect of such contract entered into between the Seller and the Buyer.

3. User Eligibility and Account

• Use of the Platform is available only to persons who can form legally binding contracts as per the Indian Contract Act, 1872. Minors and un-discharged insolvents are not eligible to use the Platform.
• The User is responsible for maintaining the confidentiality of their account credentials and all activities that occur under their account.
• If the User provides any information that is untrue, inaccurate, not current, or incomplete, the Board shall have the right to suspend, terminate, or block access to the User's account.

4. Seller Obligations

• Certification Requirement: The Seller represents and warrants that they are a valid and current holder of the Tea Mark certification for all teas listed on the Platform.
• Verification: The Board reserves the right at its sole discretion to verify Tea Mark certification validity at any time and to immediately delist the Seller if certification is found to be expired, fraudulent, revoked, or invalid.
• Product Listing and Accuracy: The Seller shall be solely responsible for the accuracy and legality of all information provided for each Product listing, including descriptions, images, prices, weight, origin, and manufacturing details.
• Compliance with Laws: The Seller warrants that all Products comply with all applicable Indian laws, including the Food Safety and Standards Act, 2006, the Legal Metrology Act, 2009, and Food Safety and Standards (Labelling and Display) Regulations, 2020.
• Order Fulfilment: The Seller shall be solely responsible for processing, packaging, and shipping Products to the Buyer in a timely and professional manner.
• Warranties: The Seller exclusively warrants the quality, quantity, authenticity, safety, and fitness for purpose of the Products sold.

5. Platform's Role and Limitation of Liability

• The Platform is provided on an "as is" and "as available" basis without any representations or warranties, express or implied.
• The Board, in its capacity as an intermediary under the IT Act, 2000, shall not be liable for any third-party information, data, or communication link made available or hosted on the Platform.
• The Board shall not be liable for any damages of any kind arising from the use of this Platform including direct, indirect, incidental, punitive, and consequential damages.
• The Board shall not be responsible for any dispute arising between a Buyer and a Seller including disputes regarding product quality, delivery, payment, or returns.

6. Payments

• The Board will not be responsible or assume any liability in respect of any loss or damage arising directly or indirectly due to lack of authorisation for any transaction, payment issues, or decline of transaction for any reason.
• All payments on the Platform shall be compulsorily in Indian Rupees acceptable in the Republic of India.

7. Intellectual Property Rights

• All intellectual property rights in and to the Platform, including text, graphics, logos, images, audio clips, and software, are the property of the Board, its affiliates, or its content suppliers, protected by Indian and international copyright and intellectual property laws.
• The Seller grants the Board a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right to use, reproduce, display, distribute, and create derivative works from any content provided by the Seller for the purpose of listing and promoting Products on the Platform.

8. Indemnification

The User agrees to indemnify, defend, and hold harmless the Board, its Chairman, Deputy Chairman, officers, employees, consultants, agents, and affiliates from any and all third-party claims, liability, damages, and/or costs (including legal fees) arising from the User's use of the Platform, breach of these Terms, or infringement of any intellectual property or other right of any person or entity.

9. Termination

• The Board may suspend or terminate the User's access to the Platform if it believes, in its sole and absolute discretion, that the User has breached, violated, abused, or unethically manipulated or exploited any term of these Terms and Conditions.
• Any provision of this Agreement that imposes or contemplates continuing obligations on a User will survive the expiration or termination of this Agreement.

10. Governing Law and Dispute Resolution

• These Terms and Conditions shall be governed by and construed in accordance with the laws of India.
• Any dispute arising out of or relating to this Agreement shall be determined by arbitration in India, before a sole arbitrator appointed by the Deputy Chairman of the Board, conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of arbitration shall be Kolkata. The language of arbitration shall be English.
• Subject to the foregoing, the courts at Kolkata, West Bengal, India shall have exclusive jurisdiction over any disputes.

11. Grievance Redressal

12. Modification of Terms

The Board reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time without prior written notice. Continued use of the Platform after such changes are posted constitutes the User's acceptance of the revised Terms.

13. Miscellaneous

• Severability: If any provision is held to be invalid or unenforceable, that provision will be struck and the remaining provisions will be enforced.
• Waiver: Failure to enforce any right or provision will not constitute a waiver of such right or provision.
• Entire Agreement: These Terms and Conditions, together with the Privacy Policy and any other legal notices published by the Board on the Platform, shall constitute the entire agreement between you and the Board concerning the Platform.