END USER LICENSE AGREEMENT

Last Updated: August 10, 2022

ACCEPTANCE OF THIS EULA

THE WEBSITE www.greentahol.com, AN INTERNET BASED PLATFORM (“PORTAL”), IS OWNED AND OPERATED BY GREENATHOL EBIZ PRIVATE LIMITED, A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 2013 (HEREINAFTER REFERRED TO AS “GREENATHOL” OR “WE” OR “US” OR “OUR”)

THE PORTAL IS A PLATFORM IN THE FORM OF AN ELECTRONIC MARKETPLACE AND AN INTERMEDIARY THAT: A) PROVIDES A PLATFORM FOR MERCHANTS/VENDORS/SELLERS (“SELLER”) TO ADVERTISE, EXHIBIT, MAKE AVAILABLE AND OFFER TO SELL VARIOUS PRODUCTS TO OTHER USERS/BUYERS/CUSTOMERS (“BUYER”); B) PROVIDES SERVICES TO FACILITATE THE ENGAGEMENT OF BUYERS AND SELLERS ON THE PLATFORM (“SERVICES”).

PLEASE READ THIS END USER LICENSE AGREEMENT (“EULA”) CAREFULLY. BY AGREEING TO AVAIL OUR SERVICES OR BY AVAILING THE SERVICES OR BY CHOOSING TO USE, VISIT, VIEW, ACCESS, TAKE ANY STEP TO DOWNLOAD, ALL OR ANY PORTION OF THE PORTAL, YOU (USER”/ “YOU”/ “YOUR”) ACCEPT AND AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS EULA. IF YOU, AVAIL OUR SERVICES OR ACCESS OR USE THE PORTAL YOU REPRESENT THAT YOU HAVE THE CAPACITY TO ENTER INTO THIS EULA LEGALLY. IF YOU ARE USING THE PORTAL ON BEHALF ON ANY ENTITY, YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORISED TO ACCEPT THE TERMS AND CONDITIONS SET FORTH IN THIS EULA ON SUCH ENTITY’S BEHALF AND THAT SUCH ENTITY AGREES TO BE BOUND BY THIS EULA AND INDEMNIFY AND HOLD HARMLESS GREENATHOL FOR ANY VIOLATION OF THIS EULA. BY AGREEING TO THIS EULA, YOU ALSO AGREE TO THE PRIVACY POLICY AND/OR SUCH OTHER TERMS AND POLICIES AS MAY BE ESTABLISHED OR INTRODUCED BY GREENATHOL FROM TIME TO TIME.

IN CASE YOU FIND ANY ERROR IN THIS EULA, YOU MAY COMMUNICATE THE SAME TO GREENTAHOL IN WRITING AT THE ADDRESS PROVIDED IN CLAUSE 25 OF THIS EULA. IF ANY TERM OF THE EULA IS NOT ACCEPTABLE TO YOU, PLEASE CEASE USING THE PORTAL FORTHWITH. YOUR CONTINUED USE OF THE PORTAL SHALL BE DEEMED TO BE AN ACCEPTANCE BY YOU OF THE TERMS OF THE EULA.THIS EULA MAY BE UPDATED BY GREENATHOL FROM TIME TO TIME. ONCE THE UPDATED/ AMENDED TERMS OF THE EULA ARE RELEASED, THE UPDATED TERMS WILL EFFECTIVELY SUBSTITUTE THE ORIGINAL TERMS OF THE EULA. THE USER MAY LOGIN INTO THE PORTAL TO REVIEW THE LATEST VERSION OF THE TERMS OF THIS EULA AT ANY TIME.

This EULA is important because it:

• outlines your legal rights and obligations vis-à-vis the Portal;

• explains the rights you give to Greenathol when you use the Portal;

• describes the rules you need to follow while using the Services offered on the Portal ;

• contains an agreement on how to resolve any disputes that may arise;

• explains the specific terms upon which you may use the Services offered on the Portal;

1. OWNERSHIP OF THE PORTAL

1.1. You acknowledge and understand that the Portal is an internet based platform facilitating the purchase and sale of ethanol. By using, visiting, registering and/or otherwise accessing the Portal and availing its Services, you hereby certify that:

(a) you have the authority to avail the Services and agree to be bound by the EULA and any other documents incorporated herein this Portal.

(b) you are of legal age to form a binding contract or possess legal parental or guardian consent and/or assistance (in the event you are below 18 years of age) and are in full capacity and competence to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these EULA. Please refer to clause 2 for Age Requirement.

(c) you hereby agree to abide by and comply with the EULA and are not a person barred from receiving Services under the applicable laws in India. You are not convicted of any offence by the courts of law in India.

1.2. You understand that the Portal and all of its Services are property of Greenathol and are solely based in India. Greenathol controls and operates the Portal and makes no representation that the contents of the Portal are appropriate or available for use outside of India. If you use the Portal from a location outside India, you are responsible for compliance with applicable Laws therein.

1.3. The Services on the Portal are protected by the copyright, trademark and other applicable laws in relation to the intellectual property rights. Greenathol owns and has the license to use all of the intellectual property rights relating to the Portal, the Services, the related websites, including without limitation, all intellectual property rights protected as trade secrets, copyrights, trademarks, service marks, trade dress, or proprietary or confidential information, whether or not they happen to be registered. However, any third-party services made available to You on the Portal are made available under the relevant third-party license terms which will be applicable to You in case of your use of such services.

1.4. Certain parts / areas of the Portal may contain links that redirect You to other websites of Greenathol’s affiliates, including those for specific products / services as well as those operated by Greenathol’s affiliates. To the extent that You access such other websites operated by Greenathol and/or its affiliates, note that Your access and usage may be governed by different terms and conditions of use as mentioned on such website. If there is a conflict between this EULA and terms of use posted for a different website operated by Greenathol or its group companies, the latter shall have precedence with respect to Your use of such website.

1.5. The Portal contains content including but not limited to text, graphics, photographs, images, reports, articles, editorial and other writings, audio and video recordings, data, listings, and directory information (collectively, "Portal Content") that is accessible by Users. The Portal may also offer emails and chats to Users to communicate with each other. The creation of a User account/ registration of the User in the Portal shall be mandatory in order to use the Portal.

1.6. Portal may allow you to upload or transmit data, information, text, images, audio, photographs, graphics, video, messages, tags, or other materials to or through the Portal ("User Provided Content").

1.7. The decision to submit User Provided Content to the Portal is your responsibility and you should only submit content that belongs to you or that will not violate the rights of others, as per the applicable laws. Be aware that Portal Content belongs to the creator of that content, and you should not reproduce or submit anything without permission of the owner of such content.

1.8. You grant to Greenathol, without any credit or compensation to you, a royalty-free, non-exclusive, worldwide, perpetual, unrestricted, irrevocable, and fully transferable, assignable and sub-licensable license to host, use, modify, display, copy, reproduce, disclose, sell, translate, create derivative works of, distribute, and export any User Provided Content, in whole or in part, or to incorporate it in other works in any form, media, or technology of any kind now known or hereafter developed or discovered for any purposes whatsoever. You agree that the Greenathol may publish or otherwise disclose your name in connection with your User Provided Content.

1.9. Greenathol undertakes no obligation to pre-screen User Provided Content, but reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Portal. You acknowledge, consent and agree that Greenathol may, at its sole discretion and without notice to you, review, censor, delete, move, edit, block access to or prohibit the transmission or receipt of any User Provided Content or other information, in whole or in part, that Greenathol deems obscene, defamatory or libelous in nature, that invades the right of privacy or infringes any right of any person or entity, is unlawful, is offensive or otherwise inappropriate, or that Greenathol believes to be in violation of the EULA.

1.10. Occasionally there may be information on the Portal that contain errors, inaccuracies or omissions that may relate to descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information on the Portal or on any related website is inaccurate at any time without prior notice.

1.11. Furthermore, there may be occasions when the Services on the Portal are interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond Greenathol’s control, that may further result in loss of certain or all content, features, and functionalities.

2. AGE REQUIREMENTS AND OTHER CONDITIONS

2.1. In order to access the Portal, the User must:
(a) meet the legal age requirements in the respective country the User is intending to use the Portal; and
(b) have the power to enter into a binding contract with Greenathol and not be barred from doing so under any applicable law

2.2. Minors i.e., any person under the age of 18 years can register on the Portal only with the involvement & permission of a parent or legal guardian. In the event of a minor using or registering with the Portal, responsibility or liability for the minor's action shall be on his or her parent or legal guardian. The parent/legal guardian bears full responsibility in case of any legal compliance.

2.3. In case you do not meet the legal age requirement to use the Portal your parent or legal guardian (as the case may be) will be deemed to have accepted the terms of this EULA on your behalf, and in such a case, the parent or guardian (as the case may be) shall be bound by this EULA.

2.4. Greenathol reserves the right to launch various programmes as it may deem fit, from time to time. Any transaction fees, membership fees or other charges as may be levied by us for registration under such programme or availing of Services shall always be in Indian Rupees. Any amount charged by us for usage of the Portal, including but not limiting to the transaction fee or registration fee for a specific programme, may vary from User to User.

2.5. The fees or any other amount levied on Seller or Buyer under any head are subject to change and Greenathol reserves the right to charge or revise the same with an intimation through an e-mail communication on the registered e-mail id of Seller or Buyer as provided by such User or any other mode decided from time to time. If the fees or any levies are not acceptable You may choose to deactivate /delist your products and/or stop listing any more products in order to sell to Buyers and /or terminate your membership of the Portal.

3. REQUIREMENTS
The use of the Portal requires one or more compatible devices, Internet access and may require obtaining updates or upgrades from time to time. Since use of the Portal involves hardware and Internet access, the User’s ability to access and use the Portal may be affected by the performance of these factors. High-speed Internet access is recommended. The User acknowledges and agrees that such system requirements, which may be changed from time to time, are the User’s responsibility.

4. LICENSE TO USE PORTAL
4.1. Subject to the terms of this EULA, Greenathol grants the User a, non-exclusive, non-transferable, revocable and limited license to access and use the Portal. Except as expressly stated herein, this EULA does not grant the User any intellectual property rights in the Portal and all rights not expressly granted are reserved by Greenathol.

4.2. This EULA will be valid until terminated in accordance with the terms of this EULA.

5. ACCOUNT CREATION
5.1. To get started with using the Services offered on the Portal, the User is required to create an account on the Portal, by going to the ‘Apply’ or ‘Sign Up’ section of the Portal, as the case may be and manually create account using his/ her email address and/or phone number and other information provided in detail in Clause 5.2 below (“Account”). Greenathol may employ additional verification steps to ensure that the User is a verified User.

5.2. To create an Account, the User shall provide the following true and correct information (collectively, “Account Information”):

#	Information	Requirement	Reason
1	Name	Mandatory	For creating an Account to avail the Services of Portal.
2	Phone number	Mandatory
3	Email address
4	Date of Birth	Mandatory
5	Know-Your-Customer (KYC) details (PAN, Unique Identification Number – Aadhar, GSTIN,)	Mandatory
6	Organization name and email address	Optional
7	Financial information such as bank account information, credit/debit card or other payment instrument details and any other information that you provide	Mandatory
8	OTP	Mandatory	For verification of User

5.3. Certain parts of the Portal, services and functionalities of the Portal are accessible to only such users who have registered and set up an account. In the event, You have registered as a user, You shall be responsible for all the actions that are undertaken by You through Your account. You may be held liable to make good any losses incurred, on account of Your failure to keep Your account details confidential or any unauthorised access to Your account through Your negligence. You must keep all details pertaining to access of Your account confidential and prevent any unauthorised access to Your account. You must immediately bring it to Greenathol’s notice (a) in case of any unauthorised use of Your account and any other breach of security; (b) in the event You are experiencing technical difficulties/ error/ glitches which may be preventing You from accessing the Portal or the Services being provided by us; or (c) if any of the rights of the User are stated erroneously or incorrectly on the Portal.

5.4. You shall ensure that personal information provided by You as part of the registration and the ‘Know Your Customer’ process is true, correct, complete and updated in all regards. If Greenathol discovers or has reasonable grounds to suspect that any information provided by a user is untrue, incorrect, incomplete, and not updated, it has the right to suspend Your account in perpetuity and restrict the access of Portal to such user.

5.5. In the event, registration is done by a User for and on behalf of a juristic person, then such User hereby represents and warrants that the User is the authorised representative of such juristic person to avail Services vide the Portal and any and all actions undertaken on the Portal shall be construed as being undertaken by the juristic person itself. Greenathol reserves the right to demand for any necessary documents/details of authorisation as may be deemed fit from the User. Any reference to a juristic/legal person shall include its successors and permitted assignees, unless repugnant to the context.

5.6. The User has the right to change or delete his/her personal data, Account Information and User Provided Content submitted on the Portal through their Account in the manner prescribed except the mandatory fields which are important to be able to access the Portal. The User may choose to delete the Account from the Portal, which will delete the Account Information from the Portal, subject to applicable laws. The User hereby acknowledges that the deleted data will not be recovered, and the User bears the risk associated with such action. Further, the User understands that Greenathol may store the data of the User on its servers for a certain period to comply with applicable laws.

5.7. The User acknowledges and understands that it may take up to 48 (forty-eight) hours or more to validate and activate the Account. The User further agrees that it will not disclose its Account details (including the password) to anyone and will notify Greenathol immediately of any unauthorised use of his/ her Account. The User understands that the User is responsible for all activities that occur under the Account, irrespective of whether the User is aware of them or not.

5.8. Greenathol reserves the right to add, edit, modify, delete any information (including Account Information), in the event the same, in Greenathol’s sole discretion, is in breach of any applicable law and/ or this EULA and/or any of Greenathol’s policies at any time. Greenathol reserves the right to forfeit/suspend/delete/block any Account that remains inactive for a period of 365 (three hundred and sixty five) days or violates any intellectual property rights or misleads other users or breaches any applicable laws or the terms of this EULA or policies of Greenathol. Further, Greenathol reserves the right to reclaim any Account (along with the Account Information) on behalf of the businesses or individuals that hold legal claims or intellectual property right claims over such Account Information.

5.9. The User understands and acknowledges that the User is responsible for (i) safeguarding the Account details, including any passwords / pin used to access the Portal; and (ii) entire use of the Portal and its services, including any purchases made or payment obligations arising under the Account.

6. PAYMENTS
The User can register on the Portal and create an Account without making any payment. The User will be responsible for making payment towards the orders placed on the Portal along with all applicable fees, charges and taxes.

7. LOGISTICS FACILITY FOR YOUR ORDERS
For the purposes of efficient and timely deliveries of the products to the Buyer and return of products to the Seller, the Seller shall take the responsibility of the delivery directly to the Buyer or any other method of delivery mutually agreed upon by Buyer and Seller. Greenathol shall not be responsible for any damages or loss caused to the Buyer including but not limited to delays, failure of delivery or return, damaged, defective and/or substandard product. Greenathol bears no liability or responsibility arising on account of such transportation and end-to-end delivery of the product or otherwise.

8. FEEDBACK AND RATING
The User understands and agrees that its performance would be assessed and rated by Greenathol on the feedback generated from the other Users. A User's average rating would appear on our Portal and such feedback and rating would help in developing User’s reputation on the Portal. Greenathol reserves the right to set out performance and rating indicators of the User including but not limited to formulating the time period for evaluating and assessing the User’s performance on the Portal.

9. PRODUCT DESCRIPTION
While it is our endeavour to provide You with descriptions, images, and other content pertaining to the product accurately and corresponds directly with the appearance, nature, quality, purpose and other general features of such product, Greenathol does not warrant that every Product description or other content of this Portal is accurate, complete, reliable, up to date, or error-free and assumes no liability in this regard.

10. PORTAL CHAT AND FORUM ETIQUETTES
Greenathol may provide a chat room and a forum for provisioning an interface between Seller and Buyer which shall be used as a tool for information discovery, genuine product feedbacks, negotiation, information exchange and other such constructive purposes. By using the chat room and the forum, You undertake that You shall not:

10.1. harass, threaten, stalk, abuse, spam, violate privacy, use grossly insulting, objectionable libelous, obscene, defamatory, and disparaging statements;

10.2. upload in any form offensive, pornographic, pedophilic, profane, sexually explicit, hateful, racially, or ethically objectionable, disparaging, or indecent image, videos, text or any such material;

10.3. constitute, conspire, or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate law;

10.4. directly or indirectly, offer, attempt to offer, trade, or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation, or guideline for the time being in force;

10.5. violate, plagiarize, or infringe the rights of any third party including, without limitation copyright, trademark, patent, rights of privacy or publicity, or any other right of any third party;

10.6. contain any information advertising of any kind unless You are a registered Seller;

10.7. constitute or contain false or misleading indications of origin or statements of fact;

10.8. upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;

10.9. conduct or forward surveys, contests, pyramid schemes or chain letters;

10.10. harvest or otherwise collect information about others, including e-mail addresses, without their consent;

10.11. use the Portal account belonging to another person and to which You do not have right to;

10.12. harm minors in any way;

10.13. impersonate another person;

10.14. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting to any other nation;

10.15. threatens public health or safety; promotion of cigarettes or any other tobacco products or consumption of intoxicant including alcohol and Electronic Nicotine Delivery System (ENDS) & like products that enable nicotine delivery except for the purpose & in the manner and to the extent, as may be approved under the Drugs and Cosmetics Act, 1940 and Rules made thereunder;

10.16. threatens critical information infrastructure and

10.17. violate any applicable laws or regulations.

In the event You come across any abuse or violation of these etiquettes as provided above or if You become aware of any objectionable content on the Portal, please write to us at nodalofficer@greenathol.com.

11. RESTRICTIONS
11.1. You hereby agree that you shall not:
(a) side load the Portal or download or share an .apk or any other executable file of the Portal or use the Portal on any jailbroken device;

(b) send spam, chain letters, pyramid schemes or any other unsolicited or unauthorised advertising or promotional materials, or harass, bully, stalk, harm, or otherwise cause mental or physical distress or injury to anyone, or defame or disparage someone, or engage in any other unlawful or objectionable conduct while using the Portal;

(c) exploit or endanger any minor;

(d) promote or support terror or hate groups;

(e) contain false and misleading claims about vaccination safety and/or health related information;

(f) depict or encourage self harm, suicide or self destruction;

(g) depict animal cruelty or extreme violence towards animals;

(h) impersonate or attempt to impersonate any person or entity or deceive or mislead any person or entity about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;

(i) use the Services offered by the Portal to promote competing services;

(j) impersonate or attempt to impersonate any person or entity or deceive or mislead any person or entity about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;

(k) use the Services offered by the Portal to promote competing services;

(l) use the Portal to provide services to third parties, except in accordance with the terms of this EULA and the Privacy Policy available on the Portal;

(m) implement, use, sell, distribute, transfer or permit any third party to implement, use, sell, distribute or transfer the Portal (and all the intellectual property rights thereto) for the purpose of profit making;

(n) copy, alter, amend, run by mount or create any derivative work based on the Portal or any part or component thereof;

(o) remove, delete or alter any proprietary notices or marks (including without limitation, the copyright statements) on the Portal;

(p) re-engineer, de-compile, disassemble, alter, translate or reverse-engineer the Portal (or its source code) or any part or component thereof;

(q) use any technology or automated system such as scripts, spiders, offline readers or bots in order to collect or disseminate usernames, passwords, email addresses, KYC details or other data stored on the Portal;

(r) use the Portal to take any action to threaten the security of the network, server, any other account on the Portal, without permission; attempting, without permission, to detect, scan or test the weakness of the Portal or its network system;

(s) introduce or attempt to introduce any virus, trojan, bug, bots, worms or any other malicious program on the Portal designed to interrupt, destroy or limit the functionality of any computer resource;

(t) use the Portal to deliver, transmit or store any content that contravenes the laws of India, or threatens the unity, integrity, national security/ defense or social stability of any country or threatens public order and peace or harms the religious, political, racial, geographical or ethnic sentiments of any persons, or is insulting to any other nation (including India) and threatens the sovereignty or the friendly relations of India with foreign states;

(u) publishes, delivers, transmits any information that is patently false, untrue and is written or published in any form with an intent to mislead or harass any person, entity or agency for financial gain or cause injury to any person;

(v) use the Portal to publish, deliver, transmit or store any content that infringes the intellectual property rights, proprietary rights, know how, trade secrets or other legal rights of any third party which the User does not have right, power, authority or license to use;

(w) sells, leases, lends, spreads or sub-licenses the Portal and/ or its Services or gain profits from using the Portal and/or its Services; and

(x) use the Portal and its Services in any other illegal manner (including relating to or encouraging money laundering or gambling), for any illegal purpose or in any form which is in contravention of the terms of this EULA.

12. TERMINATION OF LICENSE
12.1. If the User breaches any of the terms contained in this EULA or the Privacy Policy or any applicable laws or regulations or any other policy of Greenathol. Greenathol, at its sole and absolute discretion, can immediately terminate, suspend in part or whole, or restrict the User’s right to use the Portal (including its services) without any notice.

12.2. Once the license is terminated or suspended, the User will not be entitled to continue to use the Portal under the same Account, a different Account or re-register under a new Account, and your right to use the Portal will immediately cease unless permitted by Greenathol.

12.3. Any suspension or termination will not affect the User’s obligations towards Greenathol under this EULA, which by their nature are intended to survive such suspension or termination.

13. PORTAL UPDATES/ USE OF USER’S DEVICE
13.1. Greenathol reserves the right to unilaterally change or restrict the functional aspects of the Portal for the purpose of business development or pursuant to directions from any governmental authority or in course of compliance with applicable laws and Greenathol takes no responsibility whatsoever in respect of any damages suffered by the User as a result of such change or restriction on the Portal.

13.2. Greenathol reserves the right to amend or suspend the Services offered on the Portal at any time and without any prior notice to the User. Greenathol will not be responsible to the User or any third party for Greenathol’s exercise of its right to amend or suspend the Services offered on the Portal.

13.3. In order for Greenathol to provide the access of the Portal to the User, Greenathol may require virtual access rights to and/or use of the User’s Device that the User uses to access the Portal. For example, use of the User’s Device’s processor, location and storage to provide access to the User.

13.4. Greenathol will provide further information regarding how the Portal uses and accesses the User’s Device either (i) within the Portal; or (ii) in the manner prescribed by the relevant app store. The User agrees to give Greenathol the access to and use of the Device and the User acknowledges that if it does not provide Greenathol with such right of use or access, the User may not be able to enjoy certain features of the Portal.

13.5. Greenathol is not responsible for any third-party charges that the User incurs (including any charges from the internet service providers) in relation to the use of the Portal by the User.

14. THIRD PARTY CONTENT AND SERVICES
14.1. The Services offered on the Portal may be integrated with or may otherwise interact with third party applications, websites. These third-party applications or websites may have their own terms and conditions of use and privacy policies and the User’s use of these third-party applications on their Devices will be governed by and subject to such terms and conditions and privacy policies. Greenathol is not responsible for and does not endorse, support or guarantee the lawfulness, accuracy or reliability of any content submitted to, transmitted or displayed on the Portal, including content provided by users of the Portal or by our advertisers. The User acknowledges and agrees that by using the Portal, the User may be exposed to content which is inaccurate, misleading, defamatory, offensive or unlawful. Further, the User acknowledges and agrees that the Portal is only an internet based platform facilitating the purchase and sale of ethanol. Any reliance on or use of any content on or accessible from the Portal by the User is at the User’s own risk and Greenathol shall not be responsible for any claims/ liabilities arising out of such use in any manner whatsoever.

14.2. Greenathol does not guarantee the quality, reliability or suitability of any third party services, programs or websites provided, made available, advertised or linked through the Portal and Greenathol will not bear any responsibility for the User’s use of or relationship with any such third party services, including any payment obligations or fees that the User may incur by use of such third party services or their websites accessed through the Portal.

15. ADVERTISING
Greenathol may include advertising on the Portal. The User agrees that Portal may integrate, display and/or otherwise communicate advertising content on the Portal in the manner set out in more detail in the Privacy Policy.

16. INTELLECTUAL PROPERTY RIGHTS
16.1. Our Portal is solely limited to providing a platform where the Users can come together and access the Services.

16.2. The Portal Content made available through the Portal are not sold or transferred to the User and Greenathol and its affiliates, retain ownership of all copies of the Portal Content, even after usage of the Portal on the User’s personal computer, mobile handsets, tablets, wearable devices, smart speakers, IoT devices, smart-home hubs and/or other devices (“Devices”). The User will not use, copy, adapt, modify, prepare derivate works based upon, distribute, license, sell, transfer, publicly display, transform, stream, broadcast or otherwise exploit Portal Content, except as expressly permitted in this EULA, without Greenathol’s express prior written consent. No license or rights are granted to the User by implication or otherwise under any intellectual property rights owned or controlled by Greenathol or its affiliates, except for the licenses and rights expressly granted in this EULA.

17. DISCLAIMER OF WARRANTIES
17.1. You expressly agree that use of the Portal (including its Services) thereon is at your sole risk. The Portal and its Services are provided on an “as is” and “as available” basis. Greenathol expressly disclaims any and all liabilities, warranties, representations, conditions, or indemnities of any kind, whether express or implied including, but not limited to any and all liabilities and warranties of fitness for a particular use or purpose, non-infringement, title, operability, condition, value, accuracy of data and system integration.

17.2. Greenathol and/or its affiliates expressly disclaim any liabilities and warranties regarding security, accuracy, reliability, timeliness and performance of the Portal or that the Portal and its Services will be error free or that any errors will be corrected. No advice or information provided to you by Greenathol will create any liability or warranty that is not expressly stated in this EULA.

17.3. Greenathol and/or its affiliates expressly disclaim any and all responsibility and/or liability in relation to any transaction undertaken by You on the Portal.

17.4. Greenathol and its affiliates disclaims that there is no warranty that Product description or other details of the Product is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.

17.5. Greenathol does not claim ownership rights in any Portal Content that any third party makes available through the use of the Portal, including but not limited to the User Provided Content.

17.6. Greenathol makes no representations, warranties or guarantees in relation to inter alia: (i) the quality, fitness of the Services offered on the Portal; including but not limited to, any information provided through Portal and their applicability to the User’s individual circumstances.

17.7. Greenathol does not necessarily endorse any opinion contained in the User Provided Content. Greenathol makes no warranties or representations, express or implied, about the User Provided Content, including as to its legality or accuracy.

18. REPRESENTATIONS, WARRANTIES, UNDERTAKINGS AND INDEMNITY
18.1. The User covenants that it shall:
(a) comply with any and all applicable laws and/or such other rules and guidelines as may be applicable to the User;

(b) not breach any of the terms set forth in this EULA;

(c) verify and affirm the accuracy and truthfulness of all the information the User provides to Greenathol; and

(d) not upload any information on Greenathol that will infringe any third party rights, including without limitation, intellectual property rights and rights of privacy or publicity.

18.2. You, by providing and submitting the User Provided Content to Greenathol, you represent, acknowledge, and warrant that:
(a) you have the right to do so or that you have obtained any necessary third-party consents (e.g., under privacy or intellectual property laws), if applicable;

(b) the User Provided Content does not infringe on the copyrights, trademarks, moral rights, rights of privacy or publicity, or the intellectual property rights of any person or entity, and

(c) that no other party has any right, title, claim, or interest in the User Provided Content that would be infringed upon as a result of uploading the User Provided Content. If you submit User Provided Content to the Portal on behalf of a group, organization or business entity, you represent that you have the right to do so and that you have obtained any consents from the group, organization or business. Upon the request of Greenathol, you agree to furnish Greenathol with any documentation, substantiation, and releases necessary and reasonably required to verify and substantiate your compliance with this provision.

18.3. Greenathol does not certify for the validity, accuracy or credibility of any User Provided Content on the Portal and does not take any responsibility or for any actions Users may take as a result of viewing, reading or listening to User Provided Content on the Portal. Through your use of the Portal you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretences, international trade issues and foreign nationals. Greenathol does not endorse any User Provided Content or any opinion, recommendation, or advice expressed therein. By using the Portal, you assume all associated risks, and Greenathol expressly disclaims any and all liability in connection with User Provided Content.

18.4. You are solely responsible for all User Provided Content that you make available via the Portal. Under no circumstances will Greenathol be liable to you in any way for any User Provided Content that you upload, post, or otherwise make available via the Portal, including, but not limited to, any errors or omissions in User Provided Content, or for any loss or damage of any kind incurred as a result of User Provided Content. In addition, you hereby release Greenathol from any and all claims, liens, demands, actions or suits in connection with the User Provided Content, including, without limitation, any and all liability for any use or non-use of your User Provided Content, claims for defamation, invasion of privacy, right of publicity, emotional distress or economic loss. Except for the rights granted by the EULA, Greenathol acquires no title or ownership rights in or to any User Provided Content you submit and nothing in this EULA conveys any ownership rights in the User Provided Content you submit to Greenathol.

18.5. Greenathol reserves the right to unilaterally change or restrict the functional aspects of the Portal for the purpose of business development or pursuant to directions from any governmental authority or in course of compliance with applicable laws and Greenathol takes no responsibility whatsoever in respect of any damages, losses (direct or indirect) suffered by the User as a result of such change or restriction on the Portal.

18.6. Greenathol is not responsible for any third-party charges that the User incurs (including any charges from the internet service providers) in relation to the use of the Portal by the User.

18.7. In addition to the above, the User agrees, acknowledges and confirms the following:
(a) Greenathol and/or its affiliates (including their directors, officers and/or employees) accept no responsibility for any legal or financial events or outcomes arising out of the use of the Portal;

(b) the User will use the Portal and its Services in a manner consistent with any and all applicable laws and regulations; and

(c) the User will not falsify its identity or misrepresent itself or any other user or any third party, in any way, on the Portal.

18.8. The User understands that the failure to comply with the foregoing provisions or the restrictions contained in clause 11 (Restrictions) may result in immediate suspension or termination of the User’s right to use the Portal. Greenathol reserves the right, at its sole discretion and in all instances, to determine whether the User has or has not complied with any provision of this EULA.

18.9. The User will indemnify, defend, and hold harmless Greenathol, Greenathol’s licensors and affiliates and their respective directors, officers, employees, contractors, agents and representatives, from and against any and all claims, causes of action, demands, liabilities, losses, costs or expenses (including, but not limited to, attorneys’ fees and expenses) arising out of or relating to any of the following matters:

(a) User’s access to and use of the Portal;

(b) User’s violation of any of the provisions of this EULA;

(c) User’s violation of any rules, regulations, acts or laws that are in force or that may come into force from time to time;

(d) any activity related to User’s Account by the User or any other person accessing the Portal through the User’s Account, including without limitation, negligent or wrongful conduct; or

(e) User’s violation of any third party rights.

18.10. Greenathol reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User hereby agrees, undertakes and confirms to cooperate with Greenathol in asserting any available defenses.

19. LIMITATION OF LIABILITY
19.1. To the maximum extent permissible by applicable laws, in no event will Greenathol and/or its affiliates be liable to you for any damages whatsoever, including without limitation, indirect, incidental, special, punitive or consequential damages, or lost profits, arising out of, or in connection with, your use of the Portal or its Services and/or Greenathol’s Content, whether or not the damages are foreseeable, and/or whether or not Greenathol has been advised of the possibility of such damages in advance. In the event you are in a jurisdiction that does not allow limitation of liability in the manner stated hereinabove, the limitation shall apply to you to the extent permitted by applicable laws. If you are dissatisfied with the Services offered on the Portal, your sole and exclusive remedy is to discontinue using the Portal.

19.2. Except as otherwise required by applicable law, any claim or cause of action arising out of or relating to your use of the Portal and/or our relationship with you, must be brought within 30 (thirty) days of the occurrence of the event giving rise to the claim or cause of action, or the same will be deemed to be forever barred.

19.3. Greenathol and/or its affiliates shall, under no circumstances whatsoever, be liable for any delay and/or default in performance under this EULA caused by an event beyond their reasonable control, including but not limited to, war, accident, lock-down, act of god, pandemic, industrial action, embargo or a delay, failure or default by you, your wireless carrier, or any other supplier of goods or services to Greenathol or to you.

20. CLASS ACTION WAIVER
Where permitted under the applicable law, the User agrees that it may bring claims against Greenathol only in its individual capacity and not as a class member in any purported class or representative action. Unless both Greenathol and the User, as a party to this EULA agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.

21. ARBITRATION
21.1. In the event of any disputes, differences or claims arising in connection with this EULA, during its subsistence and/or after their termination in any manner whatsoever, including the validity and/or construction and/or interpretation of any of the clauses hereof or anything done or omitted to be done pursuant hereto, the parties entering into this EULA shall to the fullest extent possible, try to settle the disputes, differences or claims in the first instance by prompt and good faith negotiations between themselves.

21.2. Any dispute that is not resolved within 30 (thirty) days of the occurrence thereof shall be referred to and finally settled by way of arbitration under the Arbitration and Conciliation Act, 1996, as amended from time to time (the “Arbitration Act”). The arbitration shall be conducted by a sole arbitrator appointed in accordance with the Arbitration Act.

21.3. The seat, place and venue of the arbitration proceedings shall be New Delhi and the language of the arbitral proceedings shall be English. All aspects of the arbitration shall be treated as confidential. The law governing this arbitration agreement shall be the law of India.

21.4. The arbitrator shall have the power to grant any legal or equitable remedy or relief available under applicable law, including injunctive relief (whether interim and/ or final) and specific performance. For avoidance of doubt, each party to the dispute shall be entitled to apply to the appropriate court of competent jurisdiction for interim or interlocutory relief in respect of such arbitration.

21.5. The arbitrator shall also have the power to decide on any dispute regarding the validity of this clause 21.

21.6. During the course of any arbitration under this clause 21, except for the matters under dispute and subject to any interim reliefs/ orders granted by courts/ or the arbitrator, the parties entering into this EULA shall continue to exercise their remaining respective rights and fulfil their remaining respective obligations under this EULA.

21.7. The parties entering into this EULA shall participate in good faith to reasonably expedite (to the extent practicable) the conduct of any arbitral proceedings commenced under this EULA.

21.8. The arbitrator shall render a written and reasoned award in writing at the earliest and in its award, also, decide on and apportion the costs and reasonable expenses (including reasonable fees of counsel) incurred in the arbitration. Any arbitral award or measures ordered by the arbitrator: (a) may be specifically enforced by any court of competent jurisdiction; and (b) shall be final and binding on the parties entering into this EULA.

22. GOVERNING LAW AND JURISDICTION
This EULA shall be strictly governed by and constructed in accordance with the laws of India and subject to Clause 21 hereinabove, the courts of New Delhi, India shall have exclusive jurisdiction over any disputes arising from this EULA or use of the Portal.

23. CHANGES TO THIS EULA

Greenathol reserves the right to change the terms of this EULA at any time for any reasons deemed fit by Greenathol, including but not limited to, improving the existing functions or features of the Portal, adding new functions or features to the Services offered on the Portal, reasonable technical adjustments to the Portal, ensuring the effectivity of security features of the Portal, and adjustments to the Portal pursuant to legal or regulatory compliance requirements. Any changes that we make will become a part of this EULA and the terms with you when they are posted and as such, you are required to regularly check this page. Greenathol may choose to notify you of any changes to this EULA by way of push notifications and/or pop-ups and/or e-mails. Your continued use of our Portal will constitute your agreement to any changes made to this EULA by Greenathol. If you do not wish to continue using the Portal under the new version of the terms of this EULA, you may terminate your Account by contacting Greenathol. The last date on which the terms of this EULA were revised is set forth at the top of this document.

24. PRIVACY POLICY

With User’s use of the Portal and its Services, Greenathol will collect certain information as set forth in more detail in our Privacy Policy, which is hereby incorporated by reference. The Privacy Policy is available at www.greenathol.com.

25. CONTACT INFORMATION

If you have any questions about the terms of this EULA or the Portal or the Services offered on the Portal, please contact Greenathol at:

Entity Name: Greenathol Ebiz Private Limited

Registered Office Address: 4TH Floor, D.No. 16/612-1, Gandhi Road – 3, Madanapalle, Chittoor, Andhra Pradesh 517325

Branch Office Address: 607, Surya Kiran Building, Tolstoy Marg, Connaught Place, New Delhi – 11 0001

Grievance Officer: Mr. Sachin Malusare

Email Address: nodalofficer@greenathol.com

Phone Number: 011-46569187

Mobile Number: 9324422202