Terms of Service for Agent.
1. General
1.1. The Portameegos Application (hereinafter referred to as the “App”, “Platform” or “Application”) is developed and owned by Portameegos, a company incorporated as per the Indian laws, having its office in Pune, Maharashtra (hereinafter referred to as the “Company”). The App is operated by the Company.
1.2. The App is intended to provide a facility for seafarers to procure goods and services at various ports where their ships dock.
1.3. For the purpose of these Terms of Use and Privacy Policy Statement, wherever the context so requires “You”, “Your”, or “Seller” shall mean any natural or legal person who has agreed to become a seller on the Application by registering and creating an account on the App (“Account”) through his/her/its hand-held device. The term “We”, “Us”, “Our” shall mean the Company.
2. Terms of Use
2.1. Your use of the App is governed by the following terms and conditions as set out in these Terms of Use and as applicable to the App including the applicable policies which are incorporated herein by way of reference. By using the App, You indicate Your consent to the Terms of Use. You shall be contracting with the Company and these Terms of Use including the incorporated policies, constitute Your binding obligations, with the Company.
2.2. If You do not consent to the contents of these Terms of Use, You are expressly prohibited from utilising or accessing the App and the Offering and You are required to uninstall the App from all your devices. “Offering” refers to the internet-based facility provided through the Application, enabling Sellers to sell their goods and services including cab hire services (collectively referred to as the “Products” and/or “Services”) to seafarers who access the Platform (“Buyers”).
2.3. In light of Your continuing compliance with, and agreement to be bound by the Terms of Use, We hereby grant and You hereby accept a limited, non-exclusive, non-transferable, non-assignable license to use and access the App (which shall include future updates made available to You from time to time, provided You understand that such updates may be subject to additional terms in respect of which You will be notified at the time such update is made available) from Your mobile or other hand-held device, subject to these Terms of Use for the purpose as intended herein.
2.4. You understand, acknowledge and agree that, except otherwise as expressly specified elsewhere in these Terms of Use, You acquire no right, title or interest whatsoever in or to the App, as it exists now or in the future, and all ownership, rights, title, interest and intellectual property rights in the App, including, but not limited to, all trade names, and any and all copyright, patents, trademarks, and service marks relating thereto, are and shall remain the property of the Company and/or its licensors, to the extent applicable, and nothing herein shall be construed as granting any rights therein to You.
2.5. Your personal data may be collected, used, processed or transferred during the creation of the Account of the App, access to or use of the App and use of any available function or feature of the App and such collection, use, process and transfer of that personal data shall be subject to the Privacy Notice, the link for which is provided in Section 12 “12 Privacy and Data Protection” below, which requires Your explicit acceptance separately from these Terms of Use.
3. Our Role
The Application is intended solely to facilitate connection between the Sellers and Buyers. You understand that We do not have any control over and disclaim any responsibility in relation to the quality of Your Products and/or Services. By accessing the Application, you acknowledge and agree that:
3.1. You acknowledge and agree that the Application solely provides hosting services to the Sellers and Buyers accessing the Application. All Products and Services displayed on the Application are third-party user generated content, and We shall bear no responsibility or liability for the same.
3.2. Neither do We initiate or originate any transmission or select the recipient and the sender of any transmission nor do We modify the information contained under any transmission.
3.3. We do not have any privity in relation to the contractual and/or commercial terms offered by You (which include but are not limited to pricing, shipping costs, Product warranties, delivery/ performance timelines, after-sales services) and agreed upon with the Buyers. We do not, in any manner, have control or are involved in the offer and acceptance of the contractual terms between You and the Buyers.
3.4. Any disputes or issues arising out of purchase and sale of the Products and Services, non-performance of Buyers’ obligations or breach of contract between You and the Buyer are required to be settled directly with the Buyer.
3.5. We do not endorse, guarantee, or assume any responsibility for Your acts or omissions of and make no representations or warranties regarding the Products and/or Services, including but not limited to their quality, fitness for a particular purpose, or compliance with any applicable laws.
3.6. You consent to share Your name and contact details with the Buyers to avail Our Offering, including any additional personal data, and you acknowledge that such transmission may be necessary for fulfilment of the Offering. We will not be responsible for any use or handling of personal data shared between the Sellers and Buyers.
3.7. We do not hold any right, title or interest over the Products and/or Services nor do We have any obligations or liabilities in respect of such contracts between the Sellers and Buyers.
4. Eligibility
You understand, acknowledge and confirm that:
4.1. You must be 18 years of age or older as on the date of installation of the App and be bound by the laws of the jurisdiction applicable to You. You must have full power and capacity to proceed with and conclude any Transaction (defined below) envisaged under these Terms of Use.
4.2. You must register and create the Account on the App through your mobile or hand-held device in order to install, activate and use the App.
4.3. You may only use the Application on Your mobile or other hand-held devices and operating systems that are authorized/recognized by the Company as being eligible to use the App.
4.4. You will use the Application solely and exclusively at Your own risk and for the purpose for Your usage has been authorised. You have sole responsibility for any and all damages or liabilities in relation to any matters arising out of or in connection with Your usage of the App.
4.5. You will at all times be compliant with and be bound by these Terms of Use, and any technical and security requirements which are established by the Company.
4.6. You will at all times comply with (and Your use of the Application will at all times be in compliance with) all applicable laws, rules and regulations, including but not limited to applicable anti-corruption laws and regulations. The Application is not intended for distribution or use by any person in any jurisdiction or country where such use and/or distribution would be contrary to local laws, rules and/or regulations. It is Your responsibility to comply with all local laws, rules and/or regulations.
4.7. If You fail to comply with these Terms of Use, all rights granted to You in relation to the Application shall immediately come to an end and You will be required to immediately uninstall the Application and destroy all copies of the Application. Company, its licensors or its authorized dealers/distributors then shall not be responsible in any way for the use of the Application by You.
4.8. You will compensate Us in respect of any damages suffered or any losses or liabilities incurred to Us as a result of any and all claims, demands, actions, proceedings, costs, fees and expenses (including, without limitation, reasonable attorney’s fees and costs of any investigation) (collectively, “Claims”) in relation to any matters arising out of or in any connection with: (a) Your breach of or failure to comply with any of these Terms of Use, (b) Your failure to comply with any applicable laws, rules or regulations, and (c) any negligence, bad faith, fraud or wilful misconduct by or on behalf of You.
5. Account Registration
5.1. While accessing the Platform, the Seller agrees to furnish the details and information to Us, which may include but shall not be limited to the following:
a. Complete legal/ trade name
b. Details of the port
c. Contact details
d. Driving license/ Passport Number
e. Email address
5.2. You undertake that You have all necessary licences, authorisations and permits for sale of Products and/or Services on the Application, including but not limited to all such licenses which are required under the applicable laws.
5.3. You shall remain responsible for maintaining confidentiality of any information which is shared in pursuance of Section 5.1, your display name, login and password details. You understand and acknowledge that in the event any information provided by You is inaccurate, or incomplete or if We have reasonable grounds to suspect that such information is inaccurate, incomplete or not in accordance with these Terms of Use, We have the right to suspend or terminate your Account on the Application and/or indefinitely block you from accessing the Application.
6. Permitted Use
6.1. Subject to Your compliance with these Terms of Use, You are permitted to:
a. Access and avail the Offering provided through the Application by registering and creating an Account.
b. Use the Account to receive data provided by the Company or Buyers.
c. Use the Account to update Your profile, contact details and any other relevant data provided by You.
6.2. You understand and acknowledge that the Account is accessible by the Seller’s registered email address and one-time-password (OTP) received each time of login. You undertake to:
a. Keep the OTP received highly confidential and not to disclose the same to any third-party.
b. Accept responsibility for all activities that occur under Your Account.
c. Inform Us immediately if You have any reason to believe that Your OTP has become known to anyone else, or if the OTP is being, or is likely to be used in an unauthorized manner.
d. Ensure that the Account data provided by You in the App’s registration form is complete, accurate, up-to-date and in compliance with the applicable laws.
e. Comply with any other additional security and authentication procedures that are implemented by the Company for verification of a Seller including but not limited to use of a quick response code.
6.3. Use of another Seller’s Account data is expressly prohibited. If You provide any data that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or the Company has reasonable grounds to suspect that such data is untrue, inaccurate, or incomplete, Company has the right to suspend or terminate Your Account and refuse any and all current or future use of the App (or any portion thereof).
7. Account Deactivation
7.1. Upon the expiration or termination of the subscription term for the Application, the Seller’s Account will be automatically deactivated and terminated unless the Seller renews or re-subscribes to the Application prior to the conclusion of the subscription term. To ensure uninterrupted access and continuity of services, the Seller is advised to initiate the re-subscription process well in advance of the subscription term's end date. Failure to do so may result in the loss of access to the Application and associated data or Services.. :
8. Seller Conduct and Restrictions
You understand that You, are solely responsible for any information transmitted by You through the Application ("Seller Content"). Your use of the Application must conform with the following principles:
8.1. You shall not and shall not cause to be hosted or displayed on the Application any information or material that:
a. causes or is likely to cause, the App or access to it to be interrupted, damaged or impaired in any way.
b. is fraudulent or is connected to a criminal offence or other unlawful and/ or malicious activity.
c. does not belong to You or is infringing upon a third-party’s patent, copyright, trademarks, trade secrets, publicity rights or any other intellectual property right; or is deceptive, misleading, illegal, offensive (including but not limited to material that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another individual’s privacy, hateful, or which promotes racism, bigotry, hatred or physical harm or encourages money laundering or gambling, or is otherwise unlawful in any manner).
d. causes annoyance, inconvenience or needless anxiety.
e. violates any laws in force at the time being.
f. 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 cognizable offence or prevents investigation of any offence or is insulting any other nation.
g. may create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers.
h. refers to any website or URL that, in Our sole discretion, contains material that is inappropriate for the App or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.
i. Acts or represents the Company in a manner that is defamatory, derogatory, or otherwise harms the reputation of the Company.
8.2. You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the App or any content, or in any way reproduce or circumvent the navigational structure or presentation of the App or any content, to do or attempt to do reverse engineering of the App as well as Company’s protected intellectual property, to obtain or attempt to obtain any materials, documents or data through any means not purposely made available through the App. We reserve Our right to bar any such activity to probe, scan or test the vulnerability of the App or any network connected to the App or breach the security or authentication measures on the App or any network connected to the App.
8.3. You may not reverse look-up, trace or seek to trace any data on any other Seller or Buyer of or visitor to App, or any other customer, including any account on the App not owned by You, to its source, or exploit the App or any third-party service or data made available or offered by or through the App, in any way where the purpose is to reveal any data, including but not limited to personal identification or data, other than Your own data, as provided for by the App.
8.4. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or any brand or domain names used by Us including the term ‘Portameegos’.
8.5. You understand and acknowledge that Company may not have a control over other Sellers or Buyers (including "hackers") who may post or transmit offensive or obscene materials on the App and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal data about You due to Your negligent use of the App, and that the recipient may use such data to harass or injure You. We do not approve of such unauthorized uses, but by using the App, You acknowledge and agree that it is entirely Your responsibility to select the type of data that You publicly disclose or share with others on the App, as applicable.
8.6. You shall not engage in commercial activities and/or sales such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual” products related to the App.
8.7. Further, You also agree not to:
a. pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
b. engage in any communication or transaction with the Buyers outside of the Platform. You understand that We shall not be liable in any manner in respect of any communications and/or transactions including but not limited to sale of Products or Services with Buyers beyond what is permitted by the Platform.
c. engage in advertising to, or solicitation of, other Sellers on the Application to buy or sell any Products or Services, including, but not limited to, products or services related to that being displayed on the Application.
d. use the Application for selling alcohol, or any controlled or illegal narcotic substances.
e. enter into business-to-business transactions with other Sellers.
8.8. Company reserves the right to terminate Your Account or access to the App if Company at its sole discretion has reasons to believe that You have violated the provisions of this Section 8.
9. Sale of Products and Services
9.1. As a Seller listed on the Application, you shall list Products and/or Services for sale on the App in a manner which adheres to the policies incorporated under these Terms of Use by way of reference.
9.2. You must be legally authorised to list and sell the Products and Services on the Application. Further, you must warrant that all the Products and Services that are listed by You on the App are non-infringing upon the proprietary rights, intellectual property, trade secrets as well as publicity or privacy rights of third parties and any such other proprietary rights.
9.3. Product/Service listings may only include text descriptions, graphics, pictures or videos that accurately describe the Products and/or Services. Further, Sellers must ensure that all Products/Services are listed under the appropriate category on the App.
9.4. Further, Products must be kept in stock and adequate personnel should be assigned to perform the Services, at all times to ensure successful fulfilment of Transactions. You understand that listing description of the Products/Services must not be misleading or deceptive. In the event any Product/Service descriptions are not accurate or do not match the actual condition of Products or performance of Services, You agree to refund the requisite amount to the Buyer(s).
10. Payment, Returns and Refunds
10.1. Buyers may make payment for any order only at the time of delivery/ performance, either in cash or electronically (“Transaction”). The Seller understands that the Application merely facilitates payment for a Transaction and does not collect, hold or transfer payments directly.
10.2. Sellers agree and acknowledge that the Company will not assume any liability whatsoever with respect to any loss or damage which directly or indirectly results due to:
a. Buyers not having the authorisation to enter into the Transaction.
b. Buyers exceeding the preset limits agreed between Buyers and their bank.
c. Any payment issues arising out of any Transaction.
d. payments being declined for any other reason.
10.3. Therefore, Sellers acknowledge and agree that We shall not be liable in respect of any orders, including but not limited to non-payment or fraud by Buyers, on account of the Application facilitating payment for Transactions.
10.4. Sellers understand and agree that the cash or electronic payment facilities provided through the Application do not constitute banking or financial services or result in the creation of a fiduciary-trustee relationship.
11. Refunds and Return
Sellers understand and acknowledge that the sale of Products and Services forms an independent contract between the Seller and Buyer. Therefore, We shall not be liable and responsible in respect of any returns (in respect of the Products) or refunds (in respect of the Products and Services). Sellers undertake to resolve such issues directly with the Buyer.
12. Privacy and Data Protection
12.1. All data shared by You through the App, including data required to create the Account, shall be collected, used, processed or transferred by Us in accordance with Our Privacy Notice . Please review Our Privacy Notice available <<insert hyperlink to the privacy policy>> to understand our policies and practices with respect to Your personal data. The personal data provided to Us by You during the course of usage of the App will be treated as strictly confidential and in accordance with the Privacy Notice and applicable laws and regulations.
13. Seller Content
13.1. You hereby represent and warrant that You have all the rights necessary to permit Company to perform its functions and exercise its rights with respect to the Seller Content as contemplated by these Terms of Use, including all necessary permissions and consents to collect, use and disclose the Seller Content, as contemplated by these Terms of Use. You further covenant that You shall be solely responsible for the Seller Content and the consequences of its use, and that Company shall have no liability with respect to any Seller Content.
13.2. You hereby agree to grant Us worldwide, perpetual and transferable rights in such Seller Content. In the event any Seller Content contains personal data within the terms of the laws of India, collection and use of such Seller Content shall be subject to Our Privacy Policy Statement as mentioned herein.
13.3. You agree that any Seller Content posted may be collected and used by Us in accordance with Our Privacy Policy Statement, and You are not entitled to any payment or other compensation for such collection and use.
14. Monitoring of the App and the Account
14.1. The Company has the right and liberty to monitor the Seller Content as well as usage of the App, at all times and which shall also include data provided in Your Account.
14.2. The monitoring of the App is important to determine the veracity of the Seller Content provided by You and that every Seller remains in consonance with the Terms of Use provided herein.
14.3. Subject to the Terms of Use, the Company shall also have the liberty to remove any objectionable Seller Content, which is in contravention of the Terms of Use or share such Seller Content with any governmental authority as per procedures laid down by the law for the time being in force in India.
15. Intellectual Property Rights
15.1. Any and all rights to the App along with any upgrades/modifications thereto, and any documentation provided therewith, including title, ownership rights and intellectual property rights such as copyrights, trademarks, service marks and patents therein shall remain the sole and exclusive property of the Company. Portameegos's name and logos are registered trademarks of the Company. The trademarks and other names, logos and service marks may not be modified, and they may not be used, downloaded, copied or distributed in any way except as an integral part of the authorized download, copy or transmission of materials in this Application.
15.2. You understand that material and information, including but not limited to text and images, music, artwork, notes, messages, opinions, ideas, video other material or information displayed on the App are the property of or are licensed by the Company or by the applicable Sellers or third-party, and are subject to copyright and other intellectual property protection (collectively referred to as “Content”). No license to use any Content, beyond what is included in the Application itself under these Terms of Use, has been granted by these Terms of Use.
15.3. In respect of any Content, You may make use of such information subject to the following restrictions:
a. You shall not remove any language regarding proprietary notice in the Content.
b. You shall use the Content solely for personal and non-commercial purposes and not transmit, broadcast or publish it to any media.
c. You shall make no modifications to the Content.
d. You shall not make any additional representations or warranties in respect of the Content.
15.4. From time to time, Sellers may provide feedback, suggestions, requirements or recommendations (“Feedback”) regarding the App or the Offering. Seller assigns to Company all right, title and interest to such Feedback and an exclusive right to create any developments based on such Feedback.
15.5. Seller shall retain title to and all ownership rights in the Seller Content. Company shall not be liable in any manner whatsoever, for any claim arising out of or relating to the Seller Content.
15.6. If We receive any ownership claim against any Seller Content posted by You on the App, We may remove all such Seller Content, which is indicated as infringing and/or take any other appropriate action, in Our sole discretion.
16. Seller’s Declarations
As a condition of using the Platform and availing the Offering, You agree to make the following declarations to ensure the integrity and lawful operation of their activities conducted through the Platform. These declarations are binding and reflect the Seller’s obligations to Buyers, the Company, and compliance with applicable laws and regulations.
16.1. You shall ensure compliance with all applicable legal and industrial standards in respect of pharmaceutical drugs, cosmetics and medication.
16.2. You shall adhere to the legal metrology standards which are applicable upon your operations as a Seller.
16.3. You shall not sell any Products which contain illegal or controlled animal parts or products.
16.4. You shall not offer for sale alcohol, cannabis products, drugs, medication or any controlled or illegal narcotic substances from the Vendors, human body parts, illegal or controlled animal parts or products, animals/livestock, automobiles and motorised vehicles, financial and professional services, hazardous materials or chemicals, currency notes, coins or any form of hard currency, tickets, weapons and ammunition, and pornography.
16.5. You shall not offer for sale on the Platform any firearms, arms or ammunitions.
16.6. You shall comply with all applicable environmental regulations, including but not limited to standards regulating usage of plastic materials and waste disposal management.
17. Indemnity and Release
17.1. You shall indemnify and hold harmless the Company, from any claim or demand, or actions including reasonable attorney's fees, made by any third-party or penalty imposed due to or arising out of Your breach of these Terms of Use or any document incorporated by reference, or Your violation of any law, rules, regulations or the rights of a third-party, including any intellectual property rights. Company reserves the right, at Your expense, to assume the exclusive defence and control of any matter for which You are required to indemnify the Company, including rights to settle, and You agree to cooperate with Company’s defence and settlement of these claims.
17.2. We will use reasonable efforts to notify You of any claim, action, or proceeding brought by a third-party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of these Terms of Use.
17.3. You may, without Our prior written consent, settle any third-party claims provided that such settlement: (i) provides for a full release of claims against Us; (ii) makes no admission of wrongdoing on Our part; and (iii) only entails payment of money to be funded by You.
18. Communications
Your usage of the Application entails electronic communication with us. We may communicate with you via e-mail, SMS, phone call or by posting notices on the Application, or any other mode of communication We may deem fit. For contractual purposes, You hereby expressly consent to receive communication from us over e-mail, SMS, phone calls or any other communication channels You provide or accept subject to Our Privacy Policy Statement.
19. Limitation of Liability
To the extent permissible under the applicable laws, We will not be liable to You or any third party for any direct, indirect, incidental, special or consequential (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) losses in connection with the App or these Terms of Use. To the maximum extent permitted by law, You waive, release, discharge and hold harmless the Company of actions arising out of Your use of the App.
20. Disclaimer
20.1. You acknowledge that it is not possible for the Company to make the App free from defects at all times. The App functions may be delayed, unavailable, not delivered and/or inaccurate and/or delayed or lagged from time to time due to a variety of factors, including technical reasons, inter-communication between servers, bandwidth, signal strength and/or network, for planned or unplanned maintenance or downtime or for any other reason which is beyond the control of the Company. The Application may be adversely affected by the performance of and any outages on mobile device networks, or when you are not in an area of mobile coverage, or other factors beyond the control of the Company or its licensors or its authorized dealers/distributors or any third-party, and neither the Company nor its licensors nor its authorized dealers/distributors will be liable therefor.
20.2. You understand and agree that the Application is provided “as is” and “as available”, and all warranties, representations and guarantees, express or implied, are hereby disclaimed to the fullest extent permitted by applicable laws. Without limiting the generality of the foregoing, any and all warranties of merchantability, fitness for a particular purpose, suitability, reliability, accuracy, performance, compatibility or non-infringement, or that the Application will be free from defects, errors, viruses or harmful programs, or be of a satisfactory quality, are hereby expressly disclaimed.
20.3. Neither the Company nor its licensors, sub licensors, authorized dealers/distributors nor any other third-party provider makes any warranty, representation or guarantee as to the accessibility, reliability, communication links, accuracy, truth, timeliness, or completeness of any data, including any details regarding the Products and Services, pricing information, delivery/ performance timelines or other data furnished through the App, or that any such data disseminated may be solely relied upon for doing any act or other purposes. You acknowledge that it is Your responsibility to verify any data that You elect to use when taking any action.
21. Term and Termination
21.1. You may stop using the Offering or uninstall the App at any time.
21.2. We reserve the right to terminate Your right and access to use the App with or without any reason whatsoever.
22. Modifications to the App or Amendments to the Terms of Use
We reserve the right to make changes, alterations, modifications, supplementations or updates to the App, including the contents, data, text, graphics, audio, video, links, or other items, in connection with Products and Services that are available on the App, policies, and these Terms of Use at any time without prior notification. You will be subject to the policies and Terms of Use in force at the time that You access to or use the App and the changed, modified, supplemented or updated version of the App shall also be subject to these Terms of Use (as may be amended by the Company) effective upon the date of changes, modifications, supplementations or updates.
23. Events beyond Our reasonable control
We will not be held responsible for any delay or failure to comply with Our obligations under these Terms of Use if such delay or failure is attributable to or arises out of any cause or circumstance which is beyond Our reasonable control. This condition does not affect Your statutory rights.
24. Severability
If any provision of these Terms of Use is held to be unenforceable or invalid, a court of competent jurisdiction may reform any such provision to the minimum extent necessary to make it legally enforceable. If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect.
25. Waiver
If You breach these Terms of Use and We take no action, We will still be entitled to use Our rights and remedies in any other situation where You breach these Terms of Use.
26. Governing law and Jurisdiction
26.1. These Terms of Use are governed by and construed in accordance with the laws of India. In case of any dispute arising out of or in connection with the use of the App, subject to arbitration, You agree, as We do, to submit to the exclusive jurisdiction of the courts in Pune, Maharashtra, India.
26.2. Any dispute, controversy or claim arising out of or relating to these Terms of Use or in respect of its interpretation or the breach, termination or invalidity thereof shall be settled by reference to arbitration. The tribunal shall consist of a sole arbitrator, appointed with the mutual consent of both the parties. The language of the arbitration shall be English.
27. Grievances
27.1. You consent to the recording of telephone calls, use of the Offering and communication between us, via messaging or any electronic mode including via email, WhatsApp, etc. These recordings will be Our sole property and may be used for training or as evidence in the event of a dispute to the extent that the court allows.
27.2. Sellers may file a complaint/ share Feedback if they are disappointed by the content of the App or any Offering available on the App. They can provide their complaint/ Feedback in writing or by way of an email to customer support as mentioned below:
Email ID: Support@portameegos.com
27.3. You and We have expressly requested that these terms and conditions and all related documents, including notices, be drawn up only in English.
28. Entire Agreement
These Terms of Use and the Privacy Policy Statement constitutes the entire agreement between You and the Company, relating to this subject matter and supersede any and all prior communications and/or agreements between You and the Company relating to this subject matter.
29. No Agency Relationship
You agree that no joint venture, employment, or principal-agent relationship exists between You and the Company as a result of accepting these Terms of Use or on account of Your use of the App.