TERMS AND CONDITIONS FOR SITE USAGE:

These Terms and Conditions (“Terms”) constitute a legally binding agreement between you (either an individual or a legally recognized entity, hereinafter referred to as “User” or “you”) and SENSAGAS PRIVATE LIMITED, a company incorporated under the Companies Act, 2013 with CIN U28299WB2023PTC263452 and having its registered office in 153 JODHPUR GARDEN,2ND FLOOR FLAT NO. 6, Lake Gardens, Kolkata-700045, West Bengal, India (hereinafter referred to as “SENSAGAS” or “Company”), governing your access to and use of this website (the “Site”).

By accessing, browsing, or using the Site in any manner whatsoever, you acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable laws and regulations in force in India. If you do not agree to these Terms, you must refrain from accessing or using the Site. SENSAGAS reserves the right to amend, modify, or update these Terms, in whole or in part, at any time, without prior notice. Any such amendments shall be effective immediately upon being posted on the Site. It is your responsibility to periodically review these Terms. Continued use of the Site following any such modifications constitutes your deemed acceptance thereof.

1. Scope of Access and Eligibility

The Site is intended solely for professional, academic, institutional, and industrial use. Access to certain portions or features of the Site may be restricted or subject to registration, verification, or pre-qualification. The Site is not intended for personal, domestic, or general consumer use.

By accessing the Site, you represent and warrant that:

You are acting in a professional or institutional capacity, and
You are duly authorized to bind your organization or entity to these Terms.

The term “you” shall, as the context requires, include both the individual accessing the Site and the entity such individual represents.

2. No Warranties; Limitation of Liability

The Site and all content, information, tools, and services provided therein are furnished on an “as-is” and “as available” basis, without any warranties of any kind, express or implied.

To the maximum extent permitted under applicable law, SENSAGAS expressly disclaims all warranties, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, reliability, or completeness.

SENSAGAS shall not be liable for any direct, indirect, incidental, special, punitive, or consequential losses, damages, or expenses of any kind whatsoever, including but not limited to:

Interruption or failure of the Site’s operation
Inaccuracies, errors, omissions, or delays in data transmission
Viruses, malware, or other harmful code
Loss of data or business opportunity
Third-party services, links, or content
Unauthorized access or tampering

Cumulative liability, if any, of SENSAGAS shall not exceed a sum of INR 5,000 (Rupees Five Thousand Only) under any and all circumstances.

3. Use of Site Content

All content available on the Site—including but not limited to text, graphics, images, data, software, audio, and video—remains the exclusive property of SENSAGAS or its licensors.

You may access and download content solely for your internal, non-commercial, and lawful business purposes. You shall not, without prior written consent of SENSAGAS:

Reproduce, copy, modify, publish, or create derivative works
Distribute, license, rent, sell, or otherwise exploit content
Remove any proprietary notices or marks

4. Intellectual Property Rights

All intellectual property rights in and to the Site, including trademarks, trade names, logos, software, databases, and domain names, are and shall remain the sole and exclusive property of SENSAGAS or its authorized licensors.

By submitting or uploading any materials to the Site, you hereby grant SENSAGAS a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use, reproduce, adapt, publish, and distribute such materials in any media, for any lawful purpose.

You represent and warrant that any such submission:

Does not infringe any third-party rights, including copyright, patent, trademark, or trade secret
Complies with applicable Indian laws and regulations
Is free from viruses or harmful code

5. Mandatory Notification of Copyright or Trademark Infringement

SENSAGAS respects the intellectual property rights of others, and we expect users of our Site to do the same.

ALL INQUIRIES NOT IN COMPLIANCE WITH THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE.

A. Copyright or Trademark Infringement Notification

If you believe that your copyrighted work or trademark has been used on the Site in a way that constitutes infringement, you must submit a written notification to SENSAGAS's Designated Agent. Your notification must include all of the following:

A clear description of the copyrighted work or mark you claim has been infringed;
The exact location on the Site where the allegedly infringing material appears (with URLs, if available);
Your full contact information, including name, address, telephone number, and email address;
A statement by you, made in good faith, that the disputed use is not authorized by the owner, its agent, or the law; and
A statement, made in good faith and with full responsibility, declaring that the information provided in this notice is true and correct to the best of your knowledge and belief, and that you are the lawful owner of the copyright or trademark in question, or are duly authorised to act on behalf of such owner. You further understand that any false declaration may attract penal consequences under applicable Indian laws, including but not limited to Sections 227 and 228 of the Bharatiya Nyaya Sanhita, 2023.

For trademark or trade dress complaints, your notice must also include:

The trademark allegedly being infringed;
The goods or services associated with the trademark;
The date of first use and first use in interstate commerce;
A description of the allegedly infringing use and its exact location on the Site;
A signed good-faith statement under penalty of perjury that:
1. The use on the Site infringes your mark;
2. You identify the true owner of the mark;
3. There is no legal defense to the infringing use.

B. Counter-Notification by Alleged Infringer

If you receive notice from SENSAGAS that your content has been removed or access has been disabled, and you believe this was done in error, you may file a counter-notification with the Designated Agent. This counter-notice must include:

A physical or electronic signature of the authorized person to act on behalf of the owner of the copyright that is allegedly infringed
Identification of the material that was removed or disabled, including the location where it appeared before removal;
A statement, made in good faith and with full responsibility, declaring that the information provided in this notice is true and correct to the best of your knowledge and belief, and that you are the lawful owner of the copyright or trademark in question, or are duly authorised to act on behalf of such owner. You further understand that any false declaration may attract penal consequences under applicable Indian laws, including but not limited to Sections 227 and 228 of the Bharatiya Nyaya Sanhita, 2023 and Your full name, address, telephone number, and a statement that:
- You consent to the jurisdiction of the competent court having territorial jurisdiction over Kolkata, West Bengal, India. You further agree and undertake to accept service of process from the complainant or their duly authorised representative, without raising any objection as to such mode or forum of service

Upon receiving a valid counter-notification, SENSAGAS may reinstate the content within 10–14 business days unless the original complainant notifies the Designated Agent that legal action has been filed to restrain the allegedly infringing activity.

6. Third-Party Links and Services

The Site may contain hyperlinks to third-party websites, services, or resources not under the control of SENSAGAS. Inclusion of such links shall not constitute an endorsement, recommendation, or guarantee by SENSAGAS.

SENSAGAS shall not be held liable for the availability, accuracy, content, or functionality of such external sites or services. You access them entirely at your own risk.

7. Confidentiality and Communications

All communications, submissions, or data transmitted via the Site shall be deemed non-confidential and non-proprietary unless otherwise expressly stated.

SENSAGAS shall be free to use any such information for lawful purposes. You acknowledge that internet communications are inherently insecure and may be subject to interception, monitoring, or misuse.

8. Availability of Products and Services

Reference to any products or services on the Site does not constitute a commitment to offer or supply such products or services in all jurisdictions.

Availability is subject to applicable regulatory, legal, and commercial approvals, and may vary based on region.

9. Jurisdiction and Governing Law

These Terms and all transactions or matters arising in connection herewith shall be governed by and construed in accordance with the laws of India, without reference to any conflict of law principles.

Subject to the foregoing, the courts situated at Kolkata, West Bengal, India shall have exclusive jurisdiction over all disputes, claims, or actions arising out of or in relation to these Terms.

8. No Guarantee of Privacy or Accuracy in Interactive Areas

SENSAGAS PRIVATE LIMITED (“SENSAGAS”) may, at its discretion, make available interactive sections or user-contributed platforms on this Site (the “Interactive Areas”). By accessing or using any such Interactive Area, you agree that you alone are fully responsible for the content, accuracy, and consequences of all communications, information, or materials submitted, posted, or otherwise made available by you therein.

SENSAGAS does not make any representation or warranty, express or implied, as to the truthfulness, reliability, accuracy, or legality of any content posted in the Interactive Areas by any user. You expressly acknowledge and agree that all information or material you publish in such Interactive Areas, including any personal or sensitive information, shall be treated as non-confidential and non-proprietary and may be accessed, viewed, copied, or disseminated globally by third parties. You assume full responsibility and associated risks for such disclosures.

You further agree not to impersonate any person or entity and not to engage in any of the prohibited acts outlined in Clause 13 herein.

SENSAGAS advises users against posting any personally identifiable information in the Interactive Areas. By choosing to do so, you do so voluntarily and at your own risk, and you expressly consent to the usage, processing, or retention of such data by SENSAGAS in accordance with the terms set forth in these Terms and Conditions and the Company’s Privacy Policy.

SENSAGAS may, but is under no legal obligation to, record, monitor, edit, or screen communications in the Interactive Areas. It may, at its sole discretion, remove or edit content that is abusive, defamatory, unlawful, or otherwise violates Clause 13 herein. SENSAGAS shall not be liable in any manner for its failure to monitor, remove, or edit any such content.

Notwithstanding the foregoing, SENSAGAS may disclose user communications or content, without liability, where such disclosure is:

Required under applicable law or pursuant to legal process;
Necessary to enforce these Terms and Conditions;
Required to protect the rights, property, or safety of SENSAGAS, its users, or the public.

SENSAGAS DISCLAIMS ALL LIABILITY IN CONNECTION WITH THE PERFORMANCE OR NON-PERFORMANCE OF MONITORING OR SCREENING ACTIVITIES IN RESPECT OF INTERACTIVE AREAS.

9. Right to Remove Objectionable Content

SENSAGAS reserves the absolute right, without being under any obligation, to remove, restrict, or disable access to any material or communication on the Site that it, in its sole judgment, deems objectionable, offensive, defamatory, illegal, or otherwise in breach of these Terms or applicable laws.

To the fullest extent permitted by applicable laws, you hereby waive any right to claim damages or institute legal proceedings against SENSAGAS, its affiliates, officers, directors, employees, contractors, and representatives (collectively, the “SENSAGAS Group”) arising out of or in relation to:

Any information or materials posted by you or others; or
The access, use, misuse, or reliance by any third party on such information or materials.

10. Termination of Access

SENSAGAS reserves the right, without prior notice and at its sole discretion, to suspend, restrict, or terminate your access to the Site or any part thereof if you are found to be in breach of these Terms or engaged in conduct that, in SENSAGAS’s sole opinion, is unlawful, abusive, or otherwise contrary to the interests of the Site.

Such termination may also include deletion of your content or access credentials and may result in the non-execution or cancellation of any pending transactions. You acknowledge that certain acts of non-compliance under these Terms may constitute offences punishable under applicable laws.

11. User’s Sole Responsibility

You agree and acknowledge that you are solely and fully responsible for all your actions, communications, and submissions on the Site, including any consequences thereof. SENSAGAS shall bear no responsibility or liability whatsoever arising out of your acts, omissions, or postings on or via the Site.

12. Compliance with Laws and Policies

You agree to comply at all times with:

All rules, guidelines, and usage protocols published on the Site from time to time;
All applicable Indian laws, as well as foreign, state, and local laws, rules, or regulations pertaining to your use of the Site and associated activities.

13. Prohibited Uses

You undertake that you shall not use the Site to engage in any activity which:

Undermines the security or functionality of the Site or associated systems, servers, networks, or databases;
Harms, disrupts, or interferes with another user’s lawful use or enjoyment of the Site;
Involves the transmission of viruses, malware, harmful code, or other files designed to damage or disrupt data;
Places an unreasonable load on the Site’s infrastructure or bandwidth;
Constitutes spam, chain letters, junk mail, or other forms of unsolicited mass communication;
Involves use of any other user’s credentials without authorization;
Involves the use of false, misleading, or fraudulent identities;
Attempts unauthorized access to restricted parts of the Site;
Involves harvesting, scraping, or extracting user data or content without consent;
Involves the publication or dissemination of:

Content that is defamatory, obscene, threatening, unlawful, offensive, or infringing of third-party rights;
Personal data of third parties without their consent;
Material infringing any proprietary rights, including copyright, trademark, or trade secrets;
Content that may give rise to civil or criminal liability;

Attempts to use the Site for anti-competitive activities, including price-fixing, market allocation, or collusion with SENSAGAS’s competitors or clients.

14. Right to Suspend or Discontinue the Site

SENSAGAS reserves the right, at any time and in its sole discretion, to suspend, discontinue, modify, or restrict the Site or any part thereof, whether temporarily or permanently, without prior notice or liability.

This includes the right to limit access, functionality, or services, and to withdraw support for specific features. You acknowledge that SENSAGAS shall have no liability to you or any third party arising out of the exercise of such rights.

15. No Agency or Legal Relationship Created

Your use of the Site does not create, and shall not be construed as creating, any form of agency, partnership, joint venture, employment, fiduciary, or other relationship between you and SENSAGAS. You confirm that you shall not represent to any third party that such relationship exists.

16. Right of Delegation

SENSAGAS PRIVATE LIMITED (“SENSAGAS”) shall have the sole and absolute discretion to delegate, assign, or transfer, in whole or in part, any of its rights, duties, obligations, or liabilities arising under these Terms and Conditions to any third party, including its Affiliates or contractors, without obtaining any prior consent or notice to you.

You shall not, under any circumstances, assign, delegate, sub-license, or otherwise transfer any of your rights, obligations, or liabilities under these Terms and Conditions to any third party without the prior written consent of SENSAGAS, which may be withheld at its sole discretion.

17. Right to Modify the Site and Terms

SENSAGAS reserves the unqualified right, at any time and without prior notice, to alter, amend, revise, or withdraw any part or whole of the contents, features, functionalities, or Terms and Conditions of the Site. Continued use of the Site after any such modifications shall constitute your deemed acceptance of the revised Terms.

18. Governing Law

These Terms and Conditions, and any dispute, claim, or controversy arising therefrom or related thereto, whether in contract, tort, or otherwise, shall be governed by and construed strictly in accordance with the laws in force in India, without regard to conflict of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods (1980) is expressly excluded.

19. Jurisdiction and Venue

Subject to Clause 20 herein, you irrevocably agree that the courts having territorial jurisdiction over Kolkata, West Bengal, India, shall have exclusive jurisdiction to adjudicate any dispute, suit, or proceeding arising out of or in connection with these Terms and Conditions or your use of the Site.

You further waive any objection to the laying of venue of any such proceedings in the courts of Kolkata, West Bengal, India, and agree not to plead or claim that such proceedings have been brought in an inconvenient forum.

20. Arbitration

Without prejudice to the provisions of Clause 19, SENSAGAS shall have the right, but not the obligation, to refer any dispute, controversy, or claim arising out of or relating to these Terms and Conditions (a “Relevant Dispute”) to final and binding arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time.

The arbitral tribunal shall consist of a sole arbitrator appointed mutually by the Parties. If the Parties fail to agree on an arbitrator within 15 (fifteen) days from the date the dispute is referred to arbitration, the arbitrator shall be appointed in accordance with the rules of the Indian Council of Arbitration. The seat and venue of arbitration shall be Kolkata, West Bengal, India and the language of the proceedings shall be English.

The arbitral award shall be limited to actual, direct monetary damages only. The arbitrator shall have no authority to award punitive, indirect, consequential, exemplary, or special damages, unless statutorily mandated. No injunctive or equitable relief shall be granted through arbitration unless mutually agreed to by the Parties in writing.

The arbitral award shall be final, binding, and conclusive upon the Parties and may be enforced by any court of competent jurisdiction.

21. Severability

In the event that any clause, sub-clause, or provision of these Terms and Conditions is held by a court or tribunal of competent jurisdiction to be invalid, void, or unenforceable under applicable law, such provision shall be deemed severable and shall not affect the validity or enforceability of the remaining provisions hereof. The Terms and Conditions shall be interpreted so as to give effect to the intent of the parties as closely as possible.

22. Waiver

No waiver by SENSAGAS of any term, condition, or provision of these Terms and Conditions shall be deemed a waiver of any other term, condition, or provision, whether similar or dissimilar. No waiver shall be valid unless expressed in writing and signed by an authorized representative of SENSAGAS. Any failure by SENSAGAS to enforce any provision shall not constitute a waiver of its right to subsequently enforce that provision or any other provision.

Definitions & Interpretations (For Reference)

“Contents” shall include, but not be limited to, all data, text, graphics, names, images, trade dress, news, icons, documents, case studies, product information, software, and other materials displayed on or available through the Site.
“Affiliates” shall mean and include, with respect to SENSAGAS, any entity that controls, is controlled by, or is under common control with SENSAGAS, including but not limited to subsidiaries, employees, directors, officers, agents, contractors, and representatives.
“Damages” shall mean any and all direct, indirect, consequential, incidental, punitive, exemplary, or special losses, including loss of profits, loss of goodwill, legal and accounting costs, and expenses arising in contract, tort (including negligence), or otherwise.
“Claims” shall include all claims, demands, causes of action, suits, liabilities, losses, costs, or proceedings made by any person or entity, including for death or personal injury, regardless of the cause or basis thereof.
“Proprietary Rights” shall include copyrights, patents, trademarks, service marks, trade names, domain names, industrial designs, trade secrets, and all other intellectual property rights recognised under Indian or international law.