Disclaimer
Last updated: 1 May 2025
1. NATURE OF THE PLATFORM — TECHNOLOGY INTERMEDIARY
Eva Excelsior Solutions Pvt Ltd ('Eva Excelsior') operates the Global eTrade Portal as a technology-enabled marketplace and digital trade facilitation platform. Eva Excelsior is an intermediary as defined under the Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 of India. Eva Excelsior does not itself buy, sell, import, export, ship, insure, finance, or take title to any goods, products, or commodities listed or traded on the Portal. All transactions on the Portal are between Users (Exporters and Importers/Buyers) who are independent principals.
2. NO WARRANTY AS TO ACCURACY OF INFORMATION
The Portal contains market intelligence reports, trade data, regulatory compliance summaries, tariff information, import/export statistics, country-specific compliance guides, and other information ('Platform Information') sourced from publicly available databases, government portals, international trade bodies, and third-party data providers. Eva Excelsior makes no representation or warranty, express or implied, as to the accuracy, completeness, currentness, fitness for purpose, or reliability of any Platform Information.
- Regulatory and customs requirements change frequently. Users must independently verify all compliance, tariff, and regulatory information with the relevant competent authority before relying on it for any commercial or legal purpose.
- Import volumes, trade statistics, and market data provided on the Portal are estimates derived from secondary sources and should not be used as the sole basis for business decisions.
- Country-specific compliance requirements, packing rules, labelling mandates, and documentation requirements displayed on the Portal are indicative guides and do not constitute legal or professional advice.
3. NO PROFESSIONAL ADVICE
Nothing on the Portal, including compliance checklists, regulatory summaries, trade finance structures, customs duty calculators, HS code classifications, sanctions screening results, or ESG assessments, constitutes legal advice, financial advice, tax advice, customs advisory, insurance advice, or any other form of regulated professional advice. Users should engage qualified legal counsel, chartered accountants, customs brokers, and trade compliance specialists in their respective jurisdictions before acting on any information obtained from the Portal.
4. DISCLAIMER AS TO THIRD-PARTY SERVICES
The Portal integrates with third-party service providers including logistics companies, freight forwarders, banks, insurance companies, inspection agencies, certification bodies, payment gateways, and sanctions screening providers. Eva Excelsior disclaims all responsibility for:
- The accuracy, availability, and performance of third-party services accessed through the Portal's APIs.
- Delays, losses, damage, or disputes arising from the conduct of third-party logistics providers, customs brokers, or freight forwarders.
- Failures, errors, or inaccuracies in sanctions screening databases maintained by OFAC, UN, EU, or other authorities.
- Bank processing delays, LC discrepancies, or trade finance rejections by partner financial institutions.
- Third-party inspection, testing, or certification results.
- Non-delivery, damage, piracy, force majeure events, or other shipping risks — all of which remain the responsibility of the Exporter, Importer, and/or carrier as determined by the agreed Incoterms 2020.
5. DISCLAIMER AS TO CROSS-BORDER TRADE RISKS
International trade involves inherent commercial, legal, political, currency, and logistical risks. Eva Excelsior expressly disclaims any responsibility for:
- Customs seizures, detentions, forfeitures, or penalties imposed by the customs authority of any country on goods transacted through the Portal.
- Changes in import/export policy, tariffs, quotas, sanctions, or trade embargoes imposed by any government that affect transactions in progress.
- Foreign exchange losses, currency conversion risks, or banking restrictions on international payments.
- Political risks, war, civil unrest, or force majeure events in the origin or destination country.
- Product liability claims, recall actions, consumer protection proceedings, or tort claims arising from goods traded through the Portal in the destination country.
- Phytosanitary rejections, FDA holds, EU border rejections, or any port-of-entry refusal of shipments by destination country authorities.
- Anti-dumping duty assessments, countervailing duty proceedings, or safeguard investigations initiated by destination country authorities against Indian goods.
6. DISCLAIMER AS TO BUYER AND SELLER REPRESENTATIONS
Eva Excelsior conducts eKYC/KYB verification of Users at the time of registration and at periodic intervals. However, this verification is limited to the information provided by Users and the outputs of integrated verification APIs. Eva Excelsior does not guarantee, warrant, or represent:
- The identity, financial standing, creditworthiness, or commercial reliability of any Exporter, Importer, or other User on the Portal.
- The authenticity of documents submitted by Users other than those verifiable through real-time API integrations.
- That any Exporter possesses the manufacturing capacity, export capability, or quality certifications claimed in their listings.
- That any Importer will fulfil payment obligations or take delivery of ordered goods.
Eva Excelsior strongly recommends that Users conduct their own due diligence on counterparties before entering into any binding transaction.
7. DISCLAIMER AS TO SANCTIONS & AML SCREENING
The Portal incorporates automated sanctions watchlist screening and AML/FATF country risk scoring. These automated checks are provided as a value-added service and do not substitute for Users' own obligations to comply with applicable sanctions laws and AML regulations. Eva Excelsior disclaims all liability for:
- False negatives (sanctions hits not identified by the automated system due to name variations, aliases, or database latency).
- False positives (legitimate Users incorrectly flagged, causing transaction delays).
- Regulatory penalties imposed on Users for sanctions violations that were not detected by the Platform's screening system.
All Users remain solely and independently responsible for compliance with all applicable sanctions and AML regulations regardless of the outcome of any Platform screening.
8. 'AS IS' AND 'AS AVAILABLE' DISCLAIMER
The Portal and all Platform Information are provided on an 'AS IS' and 'AS AVAILABLE' basis without any warranty of any kind. Eva Excelsior expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including without limitation all implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, and uninterrupted availability. Eva Excelsior does not warrant that the Portal will be error-free, virus-free, secure, continuously available, or that defects will be corrected.
9. FORCE MAJEURE
Eva Excelsior shall not be liable for any failure or delay in the performance of its obligations under this Disclaimer or any Platform policy arising from circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, floods, fire, epidemics or pandemics, war, terrorism, civil unrest, governmental orders, power outages, internet or telecommunications failures, labour disputes, cyberattacks, or failures of third-party infrastructure.