GENERAL TERMS & CONDITIONS FOR SALE OF SAND
I hereby state that I have no objection in authenticating myself with Aadhaar based authentication system and consent to providing my Aadhaar number for Aadhaar based authentication for Aadhaar KYC data from TSMDC(SSMMS). I understand that the OTP I provide for authentication shall be used only for authenticating my identity through the Aadhaar Authentication system for this specific transaction and for no other purposes. I understand that TSMDC(SSMMS) shall ensure security and confidentiality of my personal identity data provided for the purpose of Aadhaar based authentication. I also give my explicit consent for accessing the mobile number and email address from Aadhaar System and TSMDC.
TSMDC(SSMMS) నుండి UIDAI ఆధార్ ఆధారిత ప్రామాణీకరణతో ఆధార్ నంబర్ మరియు OTP డేటాను ఉపయోగించి EKYC వివరాలను పొందటానికి నేను అంగీకరిస్తున్నాను మరియు అభ్యంతరాలు లేవని నేను దీని ద్వారా తెలియజేస్తున్నాను. నేను అందించిన OTP ప్రామాణీకరణ కోసం మరియు నిర్దిష్ట లావాదేవీకి మాత్రమే ఉపయోగించబడుతుందని నేను అర్థం చేసుకున్నాను. ఆధార్ ఆధారిత ప్రామాణీకరణ కోసం అందించిన నా వ్యక్తిగత గుర్తింపు డేటా యొక్క భద్రత మరియు గోప్యతను TSMDC(SSMMS) నిర్ధారిస్తుందని నేను అర్థం చేసుకున్నాను
1. WELCOME TO TSMDC!
This unique facility for Sale of Sand on the net is offered to you, subject to the following General Terms & Conditions ("GTC"), which may be updated by us from time to time without notice to you. You can review the most current version of the GTC at any time at: www.sand.telangana.gov.in. In addition, when using particular TSMDC facility, you and TSMDC shall be subject to any posted Guidelines or Rules applicable to such facilities which may be posted from time to time. All such Guidelines or Rules are hereby incorporated by reference into the GTC. TSMDC also may offer other facilities from time to time, such as that is governed by different General Terms & Conditions.
2. DESCRIPTION OF FACILITY
You are responsible for obtaining access to the Goods/Sand and that access may involve third party fees (such as Internet Facility provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access this facility.
You must be at least 18 years of age to access and view.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of this facility, you agree to:
(a) Provide true, accurate, current and complete information about yourself as prompted by this facility’s registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, you are solely responsible for any civil or criminal consequences. However, if TSMDC has apparent / reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TSMDC has the right to suspend or terminate your account and refuse any and all current or future use of This Facility (or any portion thereof). TSMDC is concerned about the safety and privacy of all its users.
4. TSMDC PRIVACY POLICY
Registration Data and certain other information about you are subject to our Privacy Policy defined by us from time to time.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing This Facility’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify TSMDC of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. TSMDC cannot and will not be liable for any loss or damage arising from your failure to comply with this Clause.
6. MEMBER CONDUCT
You understand that all information including data, text, software, photographs, graphics, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated.
You agree to not use this facility to :
a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a TSMDC official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through this facility;
e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in Sale of Sand related areas that are designated for such purpose;
h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
j. interfere with or disrupt this facility or servers or networks connected to this Facility, or disobey any requirements, procedures, policies or regulations of networks connected to this facility;
k. intentionally or unintentionally violate any applicable local, state, national or international law,
l. "stalk" or otherwise harass another; or
m. collect or store personal data about other users. You acknowledge that TSMDC does not pre-screen Content, but that TSMDC and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via this facility. Without limiting the foregoing, TSMDC and its designees shall have the right to remove any Content that violates the GTC or is otherwise designees shall have the right to remove any Content that violates the GTC or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, and in all other parts of This Facility. You acknowledge and agree that TSMDC may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the GTC; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of TSMDC, its users and the public. You understand that the technical processing and transmission of this facility, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
7. SPECIAL ADMONITIONS OF INTERNET USE
Recognizing the global nature of the Internet, you agree to comply with all local Rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from INDIA or the country in which you reside.
8. INDEMNITY
You agree to indemnify and hold TSMDC, and its subsidiaries, affiliates, officers, agents, co branders or other partners, and employees, harmless from any claim or demand, including reasonable lawyers' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through this facility, your use of This Facility, your connection to this facility, your violation of the GTC, or your violation of any rights of another.
9. TERMINATION
You agree that TSMDC, in its sole discretion, may terminate your password, account (or any part thereof) or use of this facility, and remove and discard any Content within This Facility, for any reason, including, without limitation, for lack of use or if TSMDC believes that you have violated or acted inconsistently with the letter or spirit of the GTC. TSMDC may also in its sole discretion and at any time discontinue providing this facility, or any part thereof, without any notice to you. You agree that any termination of your access to this facility under any provision of this GTC may be effected without prior notice, and acknowledge and agree that TSMDC may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or This Facility. Further, you agree that TSMDC shall not be liable to you or any third-party for any termination of your access to This Facility.
10. LINKS
This facility may provide, or third parties may provide, links to other World Wide Web sites or resources. Because TSMDC has no control over such sites and resources, you acknowledge and agree that TSMDC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that TSMDC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or Facilitys available on or through any such use of or reliance on any such Content, goods or Facilitys available on or through any such site or resource.
11. TSMDC'S PROPRIETARY RIGHTS
You acknowledge and agree that this facility and any necessary software used in connection with this facility ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through this facility or advertisers is protected or will be protected by copyrights, trademarks, Facility marks, patents or other proprietary rights and laws. Except as expressly authorized by TSMDC or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on this facility or the Software, in whole or in part. You agree not to access this facility by any means other than through the interface that is provided by TSMDC for use in accessing This Facility.
12. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT :
a. YOUR USE OF THIS FACILITY IS AT YOUR SOLE RISK. THIS FACILITY IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TSMDC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. TSMDC MAKES NO WARRANTY THAT (i) THIS FACILITY WILL MEET YOUR REQUIREMENTS, (ii) THIS FACILITY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE FACILTIY WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, FACILITYS, INFORMATION, OR OTHER MATERIAL SALED OR OBTAINED BY YOU THROUGH THIS FACILITY WILL MEET YOUR EXPECTATIONS,
c. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TSMDC OR THROUGH OR FROM THIS FACILITY SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE GTC.
d. TIME DEFINITION CLARITY & RESPONSIBILITY (i) TIME FOR ALL PURPOSES IN THE CONDUCT OF THE SALE OF SAND SHALL DENOTE THE TIME AS REGISTERED IN THE TSMDC ESALE OF SAND SYSTEM. THE TIME AS DISPLAYED BY THE SYSTEM SHALL FOR ALL PURPOSES BE FINAL AND BINDING. (ii) ALL COMMUNICATION SHALL BE DEEMED TO HAVE BEEN COMPLETE AS AGAINST THE PARTY AS SOON AS THEY ENTER THE RESPECTIVE PARTY'S SYSTEM RESOURCES. FOR THE PURPOSE, THE RESPONSIBILITY OF MAINTAINING THE SYSTEM'S RESOURCES AT THE PARTY'S END SHALL BE THAT OF THE PARTY CONCERNED.
13. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TSMDC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TSMDC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THIS FACILITY; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND FACILITYS RESULTING FROM ANY GOODS, DATA, INFORMATION OR FACILITYS SALED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS FACILITY; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS FACILITY; OR (v) ANY OTHER MATTER RELATING TO THIS FACILITY.
14. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
15. SPECIAL ADMONITION FOR FACILITYS RELATING TO FINANCIAL MATTERS
If you intend to create or join any Facility, receive or request any news, messages, alerts or other information from This Facility concerning companies, please read the above Clauses 17 and 18 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. This Facility is provided for informational purposes only, and no Content included in This Facility is intended for trading or investing purposes. TSMDC and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via This Facility, and shall not be responsible or liable for any trading or investment decisions made based on such information.
16. NOTICE
Notices to you may be made via either email and/or regular mail. This Facility may also provide notices of changes to the GTC or other matters by displaying notices or links to notices to you generally on This Facility.
17. GENERAL INFORMATION
The GTC constitute the entire agreement between you and TSMDC and govern your use of This Facility, superseding any prior agreements between you and TSMDC. You also may be subject to Special Terms and conditions that may apply when you use affiliate this Facility, third-party content. The GTC and the relationship between you and TSMDC shall be governed by INDIAN laws without regard to its conflict of law provisions. You and TSMDC agree to submit to the personal and exclusive jurisdiction of the court located within the city of Hyderabad, State of Telangana. The failure of TSMDC to exercise or enforce any right or provision of the GTC shall not constitute a waiver of such right or provision. If any provision of the GTC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the GTC remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of This Facility or the GTC must be filed within one (1) year after such claim or cause of action arose or be forever barred. The clause titles in the GTC are for convenience only and have no legal or contractual effect.
18. VIOLATIONS
Please report any violations of the GTC to the Dealing Department. Please report any violations of the GTC to the Dealing Department.
19. DEBARMENT / BLACK-LISTING
The TSMDC reserve the right to black-list, debar any Customer due to any act of omission or commission or fraudulent acts indulged or caused to be indulged by such Customer in the course of selling of sand process. That the Seller and/or TSMDC shall be obliged to allow an opportunity of being heard to such Customer before any order of black-listing/debarment could be passed. Any such order of black-listing/debarment that may be passed by the TSMDC shall be without prejudice to other right of actions available to the Seller and/or TSMDC against the Customer under Sale of Sand Terms & conditions
20. DIRECTIONS OF THE GOVERNMENT OF TELANGANA STATE.
The directions given by the Government in the form of Government orders, Memos, and in any other form will unconditionally be applicable to both parties, irrespective of the terms of this agreement.