TERMS AND CONDITIONS (“THE TERMS”)
STAKEHOLDERS/USERS ARE ADVISED TO PLEASE READ GENERAL AND SPECIAL TERMS AND CONDITIONS CAREFULLY BEFORE CLICKING THE BOX INDICATING YOUR ACCEPTANCE OR USING ANY PORTALL WEBSITE AND/OR THE SERVICES AS DEFINED BELOW.
THE WEBSITE WWW.PORTALL.IN (HEREINAFTER REFERRED AS THE “PLATFORM”) AND THE INFORMATION, SERVICES AND OTHER MATERIALS CONTAINED THEREIN ARE PROVIDED AND OPERATED BY PORTALL INFOSYSTEMS PRIVATE LIMITED (REFERRED TO AS “WE”, “US” OR “PORTALL”). THE USE OF THE PLATFORM AND PROGRAMS CONSTITUTES AN UNCONDITIONAL AGREEMENT TO FOLLOW AND USER SHALL BE BOUND BY THE TERMS.
PLEASE REVIEW OUR TERMS OF USE, PRIVACY POLICY AND OTHER POLICIES AVAILABLE ON THE PLATFORM (COLLECTIVELY REFERRED TO AS THE “TERMS”) THAT GOVERN THE USE OF THE PLATFORM AND PROGRAMS. EACH PROGRAM MAY HAVE A SEPARATE SET OF TERMS DEALING WITH REFUNDS, DEFERRALS, PAYMENTS, ETC. GOVERNING SUCH PROGRAMS, AND OUR CORPORATE CLIENTS MAY HAVE EXECUTED SEPARATE WRITTEN AGREEMENTS WITH US, WHICH, IN THE EVENT OF A CONFLICT, WILL SUPERSEDE THESE TERMS TO THE EXTENT OF THE CONFLICTING PROVISIONS.
THESE TERMS MAY BE CHANGED FROM TIME TO TIME WITHOUT PRIOR NOTICE. USER SHOULD REVIEW THIS PAGE REGULARLY. WHETHER YOU HAVE ENROLLED IN A PROGRAM OR ARE SIMPLY BROWSING THE PLATFORM, ONCE YOU HAVE ACCESSED THE PLATFORM OR PROGRAMS, YOU SHALL BE CONSIDERED A ‘USER’ FOR THE PURPOSE OF THESE TERMS. YOU ARE RESPONSIBLE FOR ALL YOUR ACTIVITIES IN CONNECTION WITH THE USE OF THE PLATFORM AND PROGRAMS. YOU HEREBY AGREE TO FULLY COMPLY WITH ALL APPLICABLE LOCAL, PROVINCIAL, STATE, NATIONAL AND FOREIGN LAWS, TREATIES AND REGULATIONS IN CONNECTION WITH SUCH USE. YOU SHALL NOT RESORT TO ANY UNETHICAL PRACTICES WHILE USING THE PLATFORM.
WITHOUT LIMITATION, YOU WILL NOT POST OR TRANSMIT, OR CAUSE TO BE POSTED OR TRANSMITTED, ANY COMMUNICATION OR SOLICITATION OR OTHER "PHISHING", "PHARMING" OR "WHALING" MESSAGE DESIGNED OR INTENDED TO OBTAIN PASSWORD, ACCOUNT, PERSONAL INFORMATION, CONFIDENTIAL INFORMATION OR PRIVATE INFORMATION FROM ANY USER OF THE PLATFORM OR ANY OTHER THIRD PARTY WHATSOEVER. HOWEVER, IF ANY SUCH EVENT DOES TAKE PLACE, PORTALL SHALL NOT BE LIABLE FOR ANY LOSS OF DATA OR IF THE USER’S DEVICE, COMPUTER OR ANY OTHER PROPERTY IS COMPROMISED IN ANY MANNER.
YOU ACKNOWLEDGE AND AGREE THAT PORTALL HAS THE RIGHT TO REPORT ANY AND ALL SUSPICIOUS OR ILLEGAL ACTIVITY TO THE APPROPRIATE LEGAL OR POLICE AUTHORITIES WITHOUT NOTICE TO YOU.
BY USING THE SERVICES, YOU (A) AGREE TO THE TERMS EITHER YOUR OWN OR ON BEHALF OF YOUR COMPANY OR OTHER LEGAL ENTITY (“CUSTOMER”) AND REPRESENT THAT YOU HAVE THE AUTHORITY TO DO THAT.
IF THIS IS NOT WHAT YOU INTEND, OR IF YOU DO NOT FULLY UNDERSTAND AND AGREE WITH ANY OR ALL OF THESE TERMS AND CONDITIONS AND GENERL TERMS AND CONDITIONS, THEN DO NOT CLICK THE BOX INDICATING YOUR ACCEPTANCE AND DO NOT ACCESS ANY PORTALL WEBSITE OR USE THE PORTAL OR SERVICES.
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DEFINITIONS
“Affiliate” means any entity which controls, is controlled by, or is under common control with Customer or with PORTALL, as applicable.
“Agreement” means the combination of these Terms, the Privacy Policy, and any referenced addendums, amendments, exhibits, Service Orders, schedules, SOWs, and/or other contract documents.
“Bill of Lading Data” or “BL Data” is transport document (bill of lading or Waybill) data and/or invoice data that describes shipment details, such as the parties to a contract of carriage, references, description of goods, charges and terms of carriage. Only Transmitting Carriers may use BL Data for purposes of rendering and issuing bills of lading or Waybills to a shipper.
“Carriers” means Service Provider’s associated ocean carriers and other carriers to which Service Provider provides connectivity via the Portal.
“Customer”, “You”, “Your”, or “Yourself” means collectively you and the company or other legal entity you represent and, if permitted, any Affiliate of Customer designated by Customer to make use of the Services.
“Data” means any data transmitted to, from, and/or through any PORTALL service including, without limitation, the Portal, electronic data exchange, communication and distribution of data supplied by the Parties from any source, including, without limitation, proprietary PORTALL data, Customer data, Carrier data, and/or public data, including, without limitation, any data related to a BL Image.
“Document Conversion” is the process by which PORTALL converts pdf documents into electronic format for submission.
“PORTALL”, “We”, or “Us” means PORTALL INFOSYSTEMS PVT. LTD.
“PORTALL eVGM Services” means PORTALL’s electronic verified gross mass (“eVGM”) service to facilitate industry compliance with the Safety of Life at Sea Verified Gross Mass (“VGM”) regulation. The PORTALL eVGM Services enable the submission and management of VGM messages from Party to Party.
“PORTALL EDI” means connectivity provided via standardized electronic data interchange methodologies and transactions to support the electronic communication of messages between PORTALL’s customers and the Portal, as may be expanded or changed from time to time.
“Portall e-Seal” is a RFID based tool to make sure security of cargo and traceability. It is being often used to secure cargo on Intermodal transport including containers, trailers, rail cars, air cargo and other container.
“Portall EDU” means online education services provided by the Portall who offers Programs in consultation/collaboration with Indian and International universities, educational institutions, governmental authorities, NGOs, corporates, etc.
“Programs” shall mean curated and specially designed higher education and industry-relevant courses and certification programs provided online through Portall EDU.
“Ocean Schedules Data Feed” and “Ocean Schedules Web Services” means the PORTALL proprietary information services (delivered via the Portal, as the case may be) that provide access to metrics which enable Users to analyse trade lanes, carrier transit times, arrival dates versus schedules plans to facilitate scheduling and compliance filing.
“Parties” means collectively PORTALL and Customer.
“Party” means individually PORTALL and Customer.
“Portal/Platform” means the proprietary PORTALL platform transportation network infrastructure, products, and services, including, without limitation, the Services delivered and accessed via a variety of means as determined by PORTALL, including, but not limited to, the internet, EDI, API, Document Conversion, and/or certain other proprietary software.
“Privacy Policy” means the PORTALL’s Privacy Policy available on the PORTALL’s web-Portal, as may be amended from time to time.
“Service(s)” means services (including but not limited to Portall EDU, BL Image/Data, Document Conversion, PORTALL eVGM, e-Seal Services, Dashboards, Ocean Schedules Data Feed, Ocean Schedules Web Service, Online goods transport services/cargo booking platform, online freight quote services, blockchain document transfer, online payment services etc. selected by Customer singly or combinedly), products, data, and information provided by or through PORTALL or authorized third-party service or data providers and/or the portal which may be accessed by Customer via the Portal and the use of any PORTALL website, whether logged in or not, including PORTALL.IN.
“Service Provider” means any third party associated with the Portall for providing any of the Services through Portal or any other means directly/indirectly through Portall to the Users/Customers.
“Service-Specific Attachment” means the Service-specific terms and conditions that are incorporated by reference into a Service Order or contract.
“Service Order” means the order form, contract, or agreement, in a form provided by PORTALL, between PORTALL and Customer identifying Services ordered by or made available to Customer and signed or otherwise accepted by both Customer and PORTALL.
“Third-Party Services” shall mean each and every Service provided by Service Provider to the Users/Customers via Portal or on reference or by any other mode directly, indirectly.
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PERMITTED USES / USE OF PORTALL’S PORTAL AND SERVICES
PORTALL’s products and services are designed for bona fide use only and are not for any other use that is not expressly granted. Notwithstanding anything to the contrary in these Terms, any use for any business or commercial purpose that is competitive with PORTALL or its Affiliates or that may devalue PORTALL’s or its Affiliates’ business value or commercial interests is expressly prohibited.
By registering, accessing, browsing, viewing, using, downloading, generating, receiving or transmitting any data, information or messages to or from the Portal, via the Services, and/or via any PORTALL website or service, Customer hereby accepts, without limitation or qualification, this Agreement as currently constituted and as may be updated from time to time in accordance with its terms.
You may avail the Services by contacting PORTALL Customer services or applying online through Portal. Use of any Portall Service or Third-Party Service may be subject to the applicable Service Specific Attachment.
In its sole discretion, PORTALL shall control the appearance, development and operation of the Portal, the Services, and PORTALL websites. PORTALL may, in its sole discretion, set standards for the messaging performance between PORTALL and Customer. Information and Data provided via the Portal or the Services may be changed and/or updated without prior notice.
You agree to regularly revisit and review the PORTALL website for changes to the Policies and Terms & Conditions. In the event PORTALL posts changes to these Terms or to the PORTALL Web site and you continue use of the Portal and/or Services shall constitute Your agreement to such changes.
In the event of any conflict between contract documents you have with PORTALL, the order of precedence shall be (i) any Service Order or contract for services; (ii) Service Specific Attachments, if any; and (iii) these Terms. Should a conflict exist between several Service Orders or several Service Specific Attachments the terms of the most recent Service Order or Service Specific Attachment, respectively, shall control.
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USE OF THIRD-PARTY SERVICES THROUGH PORTALL
In addition to the these Terms/Agreement, You / User hereby agree, acknowledge and accept that the terms & conditions of the Service Providers, as available on the website of the Service Provider of the particular Service(s) which You may access/avail, for availing/accessing Third Party Services shall also be read, confirmed and agreed
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ACCESS AND USES OF THE PORTAL
Customer agrees not to use the Portal, and/or the Services for any unlawful purpose or any purpose prohibited by these Terms.
You agree not to: (i) use any device, software or technique to interfere with or attempt to interfere with the proper working of the Portal and/or the Services; (ii) post or transmit to the Portal and/or the Services any unlawful, fraudulent, harassing, libellous, or obscene information of any kind; (iii) post or send to the Portal and/or the Services any information that contains a virus, bug, or other harmful item; (iv) post or transmit into or on the Portal and/or the Services any information in violation of another party's contractual rights, privacy or data protection rights, or copyright or other intellectual property rights; (v) take any action which imposes an unreasonable or disproportionately large load on the Portal and/or the Services infrastructure; (vi) use any device or technology to provide repeated automated attempts to access any portion of the Portal and/or the Services; (vii) use the Portal and/or the Services in any manner that could damage, disable, overburden, or impair the Portal and/or the Services or interfere with any other party's use and enjoyment of the Portal and/or the Services; (viii) attempt to gain unauthorized access to any Service and/or the Portal, including, but not limited to, access through other accounts not legally registered to Customer, through any means; (ix) pass User IDs or passwords to any third party without written consent from PORTALL; (x) use any robot, spider or other automated device, process or means to access the Portal and/or the Services or use any manual process to monitor or copy content from the Portal for any other unauthorized purpose without PORTALL’s prior express written permission; and (xi) pass data received via the Portal and/or the Services to any third party outside Customer’s organization, other than those on behalf of which Customer is legally acting, without the written consent of PORTALL.
Customer may not obtain or attempt to obtain any information through any means not intentionally provided to Customer by PORTALL, including, without limitation, the practice known as screen scraping or any other forms of data harvesting. In addition, Customer agrees not to copy, modify, adapt, reproduce, translate, distribute, transmit, reverse engineer, decompile, or disassemble any aspect of the Portal, and/or the Services (including any prices or service descriptions) unless specifically authorized by this Agreement or permitted by law despite this contractual prohibition. Actual or attempted unauthorized use of the Portal and/or the Services may result in criminal and/or civil prosecution.
You acknowledge that PORTALL has the right, but no obligation, to monitor the Portal and/or the Services and to disclose any information necessary to operate the Portal and/or the Services, to protect PORTALL, and PORTALL customers and licensors, and to comply with legal obligations or governmental requests. PORTALL reserves the right to refuse to post or to remove any information in the Portal and/or the Services, in whole or in part, for any reason.
You agree to comply with all laws, statutes, ordinances, and regulations (including unfair competition, privacy and data protection, anti-discrimination or false advertising) regarding or relating to Your use of the Portal, and/or the Services.
Users are prohibited from posting the Contents that (User Content):
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contains Viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful components intended to or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;
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violates any applicable local, state, national or international law or otherwise advocates or encourages any illegal activity and violates rights of other users.
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is fraudulent, indecent, misleading or libellous, or defames, harasses, discriminates against, harms or threatens others;
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discusses illegal activities, with the intent to commit them;
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infringes or misappropriates patents, trademarks, trade secrets, right of publicity, or other intellectual property rights of third parties;
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is Profane, pornographic, obscene, indecent or unlawful;
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related to partisan political activities;
Portall monitors but does not guarantee control over the User Content posted through the Platform, including any messages, reviews or comments, and does not guarantee the accuracy, integrity or quality of such User Content. Under no circumstances will Portall be liable in any way for any User Content, including any errors or omissions, or any loss or damage or defamation of any kind incurred as a result of your posting or use of any User Content. You are responsible for complying with all the laws applicable to the User Content.
Users are prohibited from violating or attempting to violate the security of the Platform or any other associate Platform of Portall. Violations of system or network security may result in civil or criminal liability. Portall will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Platform or any activity being conducted on the Platform. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Platform other than the search engine and search agents available from Portall on the Platform and other than generally available third-party trusted/secured web browsers.
The Platform may contain links to pages on other websites ("Linked Sites"), and those Linked Sites may contain Content or offer products and/or services for sale. Portall does not author, edit, control, or monitor these Linked Sites. You acknowledge and agree that Portall have no responsibility for the accuracy or availability of information provided by Linked Sites and Portall do not control or endorse the sponsors of such Linked Sites or the content, products, advertising, or other materials presented on such Linked Sites.
Portall shall not be held liable for any transactions conducted by you with third parties through the linked sites or for any liability arising from the representations or information provided on such linked sites.
Portall makes no representations that the Platform operates or is legally permitted to operate in all geographic areas, countries, or that the Platform, or information, services or products offered through the Platform are appropriate or available for use in other locations.
In order to access and interact with the Portal and/or the Services, Customer must be able to operate and maintain the necessary software and hardware, including, without limitation, Web browser software and appropriate communications infrastructure. Acquiring, installing, maintaining and operating any software and hardware needed to do so is solely Customer’s responsibility. PORTALL is in no way responsible or liable for Customer’s access to the Internet, including, without limitation, any connection speed issues, bandwidth, browser compatibility, or latency-related problems that may affect Customer’s ability to access and use the Portal and/or the Services.
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FEES AND PAYMENTS
The fees for Services may include, without limitation, a onetime registration/set-up/implementation fee, an annual subscription or support fee, and/or a per-container or per-transaction fee. Any such fees are set forth in a Service Order. Unless expressly set forth otherwise, Customer is liable for and will pay any and all applicable taxes relating to the Services.
PORTALL will invoice Customer based on the terms of your Service Order for any particular Service. If no invoice terms are specified in such Service Order, PORTALL will invoice as follows: (i) for monthly, annual, or other recurring or subscription charges: annually in advance; (ii) for one-time charges: immediately upon order; and (iii) for Services that are priced on the amount of Transacted Containers: monthly in arrears.
Customer shall pay all invoices when due as set forth in the applicable Service Order; provided that If no invoice terms are specified in such Service Order, invoices shall be due within 30 days of receipt.
Customer shall raise all invoice disputes within 60 days of the date of the invoice; otherwise Customer waives any right to dispute. In order for a dispute to be valid, Customer must include a detailed description of the disputed items, the reason for the dispute, and the requested resolution of the dispute. For any disputed invoice, Customer shall pay all undisputed amounts when due and then promptly cooperate with PORTALL to investigate and resolve the disputed amount.
For any payment not received when due or within 30 days of Customer’s receipt of PORTALL’s invoice, whichever is later, Customer’s balance due will accrue interest at 18% per annum, calculated monthly.
In addition to PORTALL’s right to terminate this Agreement, in whole or in part, based on non-payment by Customer, PORTALL may, after notice to Customer limit or suspend Customer’s access to any or all Services, in whole or in part, until Customer’s account is made current.
Unless expressly set forth otherwise, all fees charged or invoiced by PORTALL are in Indian rupees and all payments due by Customer shall be paid in INR in a manner acceptable to PORTALL.
PORTALL may modify pricing for any Services upon 90 days’ notice to Customer. During such notice period, Customer may terminate its use of the Services and any applicable Service Order for such affected Service but only for the affected Service.
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ERRORS
The Platform and/or Programs may contain typographical errors or inaccuracies or omissions and may not be complete or current. Portall, therefore, reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. ALL PORTAL DATA AND SERVICES ARE PROVIDED “AS IS” WITH NO GUARANTEES OF COMPLETENESS, ACCURACY, OR TIMELINESS OF RESULTS OBTAINED FROM THE USE OF PORTAL DATA OR THE SERVICES.
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LINKED WEB SITES
PORTALL makes no warranties or representations whatsoever regarding any other Web sites Customer may access through the Portal and/or the Services. When accessing a non-PORTALL Web site, Customer understands that that Web site is independent from PORTALL and that PORTALL has no control over the content of that Web site. In addition, a link to a non-PORTALL Web site does not mean that PORTALL endorses or accepts any responsibility for the content or the use of such Web site unless specifically mentioned. It is up to the Customer to take precautions to ensure that whatever is selected for Customer’s use is in all ways suitable and free of viruses and other items of destructive nature.
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DISCLAIMER OF WARRANTIES
PORTALL DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, WITH REGARD TO THE PORTAL AND/OR THE SERVICES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND USE OR FREEDOM FROM INFRINGEMENT OR THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE PORTAL AND/OR THE SERVICES MAY NOT BE CONTINUOUS, UNINTERRUPTED, ERROR-FREE, OR FREE OF ANY VIRUSES. PORTALL FURTHER DISCLAIMS ANY WARRANTY OR REPRESENTATION REGARDING AVAILABILITY OF A SERVICE, SERVICE LEVELS OR PERFORMANCE. PORTALL WILL NOT BE LIABLE FOR ANY LOSS OR INJURY ARISING OUT OF, IN WHOLE OR IN PART, PORTALL’S CONDUCT IN COLLECTING, COMPILING, OR INTERPRETING INFORMATION.
CUSTOMER ASSUMES TOTAL RESPONSIBILITY AND RISK FOR THE USE OF THE PORTAL, SERVICES, PORTAL DATA, DOCUMENTS AND ANY OTHER DATA OR INFORMATION OFFERED BY OR THROUGH THE PORTAL AND/OR THE SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM PORTALL OR THROUGH OR FROM THE SERVICES, SHALL CREATE ANY WARRANTY BY PORTALL.
THE USER UNDERSTANDS AND AGREES THAT THE PORTALL CONTENT AND ALL OTHER INFORMATION, DATA, OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH OR FROM THE PLATFORM OR PROGRAMS IS OBTAINED AT THE USER'S OWN DISCRETION AND RISK, AND THAT THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE USER, THE USER'S COMPUTER SYSTEM, ELECTRONIC DEVICE OR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
IN THE EVENT YOU FIND THAT THE INFORMATION PROVIDED ON THE PLATFORM OR PROGRAMS IS INCORRECT, OR IF YOU ARE THE OWNER OF ANY INFORMATION OR CONTENT AND WISH THAT SUCH INFORMATION OR CONTENT IS NOT DISPLAYED ON THE PLATFORM OR PROGRAMS, KINDLY NOTIFY US AT THE ADDRESS PROVIDED AT THE BOTTOM OF THE PAGE.
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LIMITATION OF LIABILITY
NEITHER PORTALL (INCLUDING EACH OF ITS RESPECTIVE EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, LICENSORS OR AFFILIATES) NOR ANY THIRD-PARTY SERVICE/DATA PROVIDER, whether in Tort, Contract, Strict Liability or otherwise, SHALL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOST PROFITS, LOST REVENUES, OR BUSINESS INTERRUPTION) ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR ANY DOCUMENTS, ANY PORTAL DATA, PERSONAL DATA AND OTHER DATA OR INFORMATION, ANY SOFTWARE OR ANY OF THE SERVICES PROVIDED THROUGH YOUR INTERACTION WITH THE PORTAL AND/OR SERVICES PROVIDED HEREUNDER, AS WELL AS ANY INFORMATION AND DOCUMENTS, ANY DATA OR MESSAGES GENERATED, RECEIVED, TRANSMITTED, DOWNLOADED OR OTHERWISE DISSEMINATED WHICH ARE RELATED TO OR STEM FROM CUSTOMER’S USE OF THE SERVICES AND/OR REGISTRATION AT THE PORTAL. THE FOREGOING SHALL APPLY: (A) EVEN IF PORTALL OR THIRD-PARTY SERVICE PROVIDER HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) REGARDLESS OF THE NEGLIGENCE OR OTHER FAULT OF EITHER PARTY, REGARDLESS OF WHETHER SUCH LIABILITY SOUNDS IN CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER THEORY OF LIABILITY.
IN CONSIDERATION OF THE SERVICES PROVIDED BY PORTALL, THE AGGREGATE CUMULATIVE LIABILITY OF PORTALL OR THIRD-PARTY SERVICE OR DATA PROVIDERS TO PORTALL, TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, ITS TERMINATION, OR ANY SERVICES, WILL NOT EXCEED THE LOWER OF (i) THE AMOUNT ACTUALLY PAID BY CUSTOMER TO PORTALL DURING THE PRECEDING 3 MONTHS (IN THE CASE OF ENROLLED STUDENTS FOR PORTALL EDU, THE FEES PAID BY YOU IN CONNECTION WITH YOUR ENROLMENT INTO A PROGRAM) OR (ii) FIVE THOUSAND RUPEES.
YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES OR THIS AGREEMENT MUST BE ASSERTED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE. YOU EXPRESSLY WAIVE ANY RIGHT YOU MAY OTHERWISE HAVE UNDER ANY STATUTE OR LAW FOR ANY CLAIMS NOT MADE WITHIN SUCH ONE YEAR PERIOD.
THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE AND SHALL INURE TO THE BENEFIT OF PORTALL, INCLUDING ITS AFFILIATES, AND/OR ITS RESPECTIVE SUPPLIERS.
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INDEMNIFICATION
Customer will indemnify, hold harmless, and defend PORTALL (including its Affiliates), and all of its (including of its Affiliates) current and former officers, directors, members, shareholders, agents, and employees (the “Indemnified Parties”), from any and all Claims. “Claim” means any action, cause of action, suit, proceeding, claim, or demand of any third party (and all resulting judgments, bona fide settlements, penalties, fines, damages, losses, liabilities, costs, and expenses (including, without limitation, reasonable attorneys' fees and costs), which arises out of: (a) Customer’s breach of this Agreement, or (b) CUSTOMR’S violation of any law or rights of any third party; or (c) information or Content that Customer/User post or otherwise make available on the Platform or through any Program, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.. PORTALL will provide Customer with reasonable notice of any Claim. Customer will not settle any claim without PORTALL’s prior written consent, which will not be unreasonably withheld.
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DATA PROTECTION
This Agreement incorporates the PORTALL Privacy and Security Policy (“Privacy Policy”) which is available at: www.portall.in.
When using the Service, Customer will have the option to provide certain personal or business contact information, including but not limited to, name, address, email address and telephone number (collectively, the 'Personal Data'). Customer will likely need to submit some Personal Data in order to submit transactions via the Portal. Customer agrees to:
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Provide true, accurate, current, and complete Personal Data as prompted by the Service processes.
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Maintain and promptly update the Personal Data to keep it accurate, current, and complete.
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Maintain the security and confidentiality of any usernames, passwords and any other security or access information used by the Customer to access the Service.
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Refrain from impersonating any person or entity or misrepresent Customer's identity or affiliation with any person or entity, including using another person's Personal Data.
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Immediately notify PORTALL in writing if Customer becomes aware of any loss, theft or use by any other person or entity of any of its Personal Data in connection with the Service or any other breach of security that the Customer becomes aware of involving or relating to the Service.
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Only insert Personal Data into fields clearly designated to hold Personal Data. Examples of such fields include Name, Phone Number, Address, etc. PORTALL will only monitor these fields as it relates to Personal Data rights and regulations. PORTALL will not monitor fields for compliance with data protection laws that are not clearly intended to contain Personal Data (for example, Cargo Description). PORTALL will disclose fields not clearly intended to contain Personal Data to third parties, such as to a Carrier, without identifying them as containing Personal Data and if You insert Personal Data in such fields it may be further disclosed (including by publication or public display) to other third parties, such as in customs filings.
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PORTALL’S INTELLECTUAL PROPERTY RIGHTS
Portall logos, trademarks and service marks that may appear on the Platform and in the Program (“Portall Marks”) are the property of Portall and are protected under Indian laws. All other trademarks, service marks and logos used on the Platforms, Online Courses or Programs, with or without attribution, are the trademarks, service marks or logos of their respective owners. In addition, elements of the Platforms are protected by applicable Indian and international intellectual property laws and may not be copied, reproduced, downloaded or distributed in any way in whole or in part without the express written consent of Portall.
As a condition of accessing the Platforms and/or using the Programs, you agree not to (a) reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose any Content (“Content” means any and all information and data, which may include but not be limited to text, software, scripts, graphics, maps, photos, sounds, music, videos, logos, offers, advertisements, interactive features and other materials) or any portion of it thereof, other than as expressly allowed under these Terms; and (b) use the Portall Marks or the name, trademarks, service marks, or other materials of any Service Partner in connection with, or to transmit, any unsolicited communications or emails or for any other unauthorised purpose.
Any wilful effort to reproduce, duplicate, copy, sell, resell or exploit portall EDU content or that of its service partner contrary to above clause will leave you open to legal action for piracy.
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THIRD-PARTY INTELLECTUAL PROPERTY
Portall respects third-party intellectual property rights and actively supports protection of all third-party intellectual property including copyrights and trademarks. It is our policy to expeditiously respond to clear notices of alleged infringement of Intellectual Property Rights. If we receive proper notification of infringement, our response to such notices will include removing or disabling access to material claimed to be the subject of infringing activity.
If you believe that your product or other work has been misrepresented or used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide us a description of the product, work or other intellectual property that you claim has been misrepresented or infringed and a description of where the material that you claim is misrepresenting or infringing your product, work or other intellectual property is located on the Platform/Program along with a statement by you that you have a good faith belief that the disputed use is not authorised by the owner of the product, work, copyright or intellectual property, or its agent, or applicable laws.
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ADDITIONAL TERMS FOR PORTALL EDU
Program partners/Service Partners
You agree and acknowledge that nothing in these Terms or otherwise with respect to the use of the Platform or any Program enrolls or registers you with Service Partner, or any other school, division, institute or program of or associated with an Service Partner and allows you to access or use the resources or receive any benefits or privileges of any Service Partner, beyond the Programs available on Portall EDU.
User may be awarded a certificate of successful completion of a Program (“Program Certificate”) upon fulfilling the criteria and requirements of Portall and its Service Partners. You acknowledge and agree that any Program affiliated with Service Partner may be subject to the terms, policies and procedures of the applicable Service Partner in addition to Portall’s Terms.
User Accounts and Registration
In order to participate in most Platform activities and to apply for a Program, User will register for a personal account (“User Account”).
Upon payment of the Program fees – in part or whole, depending on the Program – Portall shall deliver the terms of use of the Program and grant you access to the Program. The invoice may be provided to you along with the email confirmation or within one (1) month. This shall be proof of delivery against the successful payment of fees.
You agree that you will never divulge or share access to your User Account with any third party for any reason. You also agree that you will create, use and/or access only one User Account, and that you will not use any User Account other than your own.
For setting up your User Account you will be required to provide an email address and a password that is unique, and you may be prompted or required to enter additional information. You understand and agree that all information provided by you is accurate, current and complete and that you will maintain and update your profile information to keep it accurate, current and complete. We may use, maintain and store this information to provide certain services to you now and in the future, and may share such information with our Service Partners or third parties in conjunction with such services or for the purpose of marketing.
Access to the Programs is restricted to attendees or students who have specifically been granted access by Portall.
By registering your User Account, you agree that you are registered for the Program only once and will not set up multiple User Accounts; and you will abide by these Terms and any terms specific to the Program.
Payment Terms and Refund Policy
Unless otherwise expressly agreed in writing by Portall, full payment for participation in a Program is required at the time of purchase of program/course.
It is the sole responsibility of the user enrolling into a Program to check the accuracy of, and evaluate the suitability and relevance of, the Program elected. The enrolment into a Program is non-transferable.
To make payment for any Program or to purchase any services or products offered by Portall through the Platform, you must have internet access and a current valid accepted payment method as indicated during sign-up ("Payment Method"). Portall does not store any of your credit card information or such other information restricted by the Reserve Bank of India (RBI) for processing payment and has partnered with payment gateways for the payment towards the services. By using a third-party payment provider, you agree to abide by the terms of such a payment provider. You agree that in case Portall’s third-party payment provider stores any such information, Portall will not be responsible for such storage, and it will be solely at your discretion to allow the third party to store such information. Any loss of such information or any loss incurred by you due to the usage of such information will be solely a loss incurred by you, and Portall is in no way liable for any such losses and is neither responsible to reimburse / make good such losses in any manner whatsoever. You also agree to pay the applicable fees for the payments made through the Platform.
No refund will be made once the payment (in part or whole) for a Program has been made. We do not provide refunds for the lack of usage or dissatisfaction.
If you have subscribed for a free trial, the free trial period will last for the period specified during your sign-up. Free trials may not be combined with certain other offers. If you have subscribed to a particular paid service or product within the last six (6) months, or if your Payment Method, physical address or email address has been associated with an account for that paid service, you are not eligible to receive a free trial for that service or product. If you begin your subscription with a free trial, you may be ineligible for certain features of a product or service during your free trial period.
Use of Programs
Portall reserves the right to cancel or reschedule any Program or live lectures/webinars, or to alter, modify or rearrange the schedule of topics, as well as the point value or weight of assignments, tests, quizzes, exams, projects and other such evaluations of progress. You also understand that Portall, at its sole discretion, may limit, suspend, or terminate your use of the Platform or Programs and/or all Portall-provided services related to the Programs, such as access to Portall coaches or support services, evaluation services, or certifications. You also understand that Portall may modify or discontinue all services related to its Programs at its sole discretion. You agree that Portall shall not be liable to you or to any third party for any such modification, suspension or discontinuance. Nothing in these Terms shall be construed to obligate Portall to maintain and support the Platform or Programs or any part or portion thereof or any associated services. Any money collected for cancelled program will be refunded in proportion of the consumption or validity of the course.
Limited License
The Portall EDU service on the Platform are licensed, not sold. In consideration for your agreement to these Terms, Portall grants you a personal, non-exclusive, non-transferable, revocable license to access and use the Platform and Programs, solely in accordance with the Terms. You may download or copy the portions of the Portall Content available on the Platform for your own non-commercial and personal use only, provided you maintain all copyright and other notices contained in such Portall Content. You may not copy, sell, resell, reproduce, publish, modify, transfer, retransmit, distribute, commercially exploit or create derivative works of Platforms, Programs or any Portall Content. Notwithstanding the foregoing, certain reference documents, digital textbooks and articles may be made available to you with the permission of third parties and use of that information is subject to certain rules and conditions, and you agree to abide by all such rules and conditions.
You may not reverse-engineer, decompile, disassemble or otherwise access the source code for any software that may be used to operate the Platform or the Programs. From time to time, Portall may include software, code, instructions, or other such information in the Portall Content for the Programs; any such information is provided on an "as-is" basis for instructional purposes only and is subject to the ‘Disclaimer’ and ‘Limitation of Liability’ sections below and other terms herein. Any use of such information for commercial purposes is strictly prohibited. Portall and/or its affiliates and licensors reserve all rights not expressly granted herein to the Platforms, Portall Content, and Portall Marks.
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TERMINATION OF RIGHTS
You agree that Portall, in its sole discretion, may deactivate your account or otherwise terminate your use of the Platform or enrolment to a Program with or without reason, including, without limitation, if Portall believes that you have:
(a) breached the Terms;
(b) infringed the intellectual property rights of a third party;
(c) posted, uploaded or transmitted unauthorised Content on the Platform; or
(d) violated or acted inconsistently with the letter or spirit of these Terms or any other applicable code of conduct.
You agree that any deactivation or termination of your access to the Platforms or Programs may be effected without prior notice to you and that Portall shall not be liable to you nor any third party for any termination of your account or enrolment into a Program. You also acknowledge that Portall may retain and store your information on Portall’s systems notwithstanding any termination of your account or enrolment into the Programs.
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ASSIGNMENT
Portall may freely transfer or assign any portion of its rights or delegate its obligations under these Terms or any Program specific terms. You shall not transfer or assign, by operation of law or otherwise, any portion of your rights or delegate your obligations under these Terms or any Program-specific terms without the prior written consent of Portall.
From time to time, PORTALL may engage third parties to perform the Services, or any part thereof, provided that PORTALL will be solely responsible to Customer for the performance of the Service by any such third party.
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SEVERABILITY
If any provision of the Terms or any Program-specific terms shared with you is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the other provisions herein, and shall not affect the validity and enforceability of any remaining provisions.
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WAIVER
The failure of Portall to exercise or enforce any right or provision of the Terms or any Program-specific terms shared with you, shall not constitute a waiver of such right or provision. If any provision of the Terms or any Program-specific terms shared with you is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, to the extent that may lawfully be done, and the other provisions of these Terms or any Program-specific terms shared with you, shall remain in full force and effect.
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FORCE MAJEURE
Portall shall have no liability under these Terms or any Program-specific terms shared with you, to the extent arising from any failure of Portall to perform any of its obligations under these Terms or any Program-specific terms shared with you, due to any fire, flood, earthquakes, other acts of God, war, civil unrest, terrorism, Internet failures, governmental act or court order, national emergency, pandemic, strikes or labour disputes or any other event not within Portall 's reasonable control. Portall shall not be responsible for damage or other problems caused by any unauthorised change to these Terms made by way of hacking or cracking this page/Portal.
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GOVERNING LAW AND JURISDICTION
These Terms or any Program-specific terms shared with you shall be governed by, construed and enforced in accordance with the laws in India, as these are applied to agreements entered into and to be performed entirely within India and without giving effect to any principles of conflict of laws. You agree that any legal lawsuit or other action brought by Portall, you or any third party to enforce these Terms or any Program-specific terms shared with you, or in connection with any matters related to the Platform or Programs, shall be subject only to the jurisdiction of the courts of Mumbai.
In case of any dispute, the parties involved shall make all reasonable efforts to resolve the dispute through amicable discussion within 30 days. If Parties are unsuccessful to resolve the dispute amicably, then such dispute or claim arising out of or in connection with the Terms or any Program-specific terms shared with you, including any question regarding its existence, validity or termination, shall be referred to arbitration under the Arbitration and Conciliation Act, 1956, as amended (“Act”) before a sole arbitrator to be appointed by Portall. The proceedings shall be conducted in English and the seat for arbitration shall be Mumbai.
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NOTICES
Any notice or communication that may be required to be given to Portall under these Terms may be sent by writing or emailing to the following addresses by first class mail, overnight mail, courier, or registered email:
Portall Infosystems Pvt. Ltd.,
Godrej Coliseum
3rd Floor, C Wing,
Sion , Mumbai - 400022
Phone: 022 49760050
Email: [email protected],
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