1) GENERAL TERMS
Agrosiaa is an intermediary in the form of an online marketplace for agricultural products and agro based equipment and is limited to managing the Website to enable Vendor / Merchant / Seller/s to exhibit, advertise, display, make available and offer to sell the products and to enable buyer to purchase the products so offered ("Products"), and other incidental Services thereto ("Services") including use of the Website by any User.
If there is any conflict:
The Website is an electronic platform in the form of an electronic marketplace and an intermediary that (a) provides a platform for Users (who are Vendor / Merchant / Sellers) to advertise, exhibit, make available and offer to sell various Products to other Users (who are buyers / customers), and (b) a platform for such other Users to accept the offer to sell of the Products made by the Vendor / Merchant / Sellers on the Website and to make payments to the sellers for purchase of the Products, and (c) services to facilitate the engagement of buyers and Vendor / Merchant / Sellers to under commerce on the Website, and (d) such other services as are incidental and ancillary thereto. The Services are offered to the Users through various modes which may include issue of coupons and vouchers that can be redeemed for various Products.
3) SYSTEM REQUIREMENTS:
3.2 The Website is available to selected platforms and would be soon be released /made available on other platforms and in order to use "Agrosiaa", the user is required to have a compatible Device, Website /Platform, internet access, and the necessary minimum specifications as above. The quality and availability of the Website may be affected by factors like internet access and device / Smartphone and other factors beyond control of "Agrosiaa".
The use of the Website is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872. To use features of the Service, you must register with Agrosiaa on the register form provided.
You must be eighteen (18) years of age or older to be a member of our services and receive membership benefits. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website.
Upon discovery of the participation of a person under eighteen years of age in such activities, his/her registration or participation will be canceled immediately and all personal information will be deleted from our files.
The User acknowledge and agree that a printed version of this contract and/or any electronic communication by Website shall be admissible in judicial or administrative proceedings based upon or relating to this contract and/or your use of the Website to same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
5) SECURITY OF YOUR ACCOUNT, PASSWORD AND REGISTRATION:
You may access and use the Website and the Services either as a registered user or as a guest user. However, not all sections of the Website and Services will be accessible to guest users.
To use the various features of the Service, you will need a username and password, which you will receive through the Service's registration process. You agree to accept responsibility for all activities that occur under your account or password including any content stored, posted or otherwise transmitted through your account even when certain content is posted by others who have access to your account with or without your consent/authorization.
You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities that occur under your password or account.
We will not be responsible for any changes to the content in your account, including without limitation, product listings or prices, that are attributable to use of your account by any third party, with or without your consent and you hereby expressly agree not to hold us liable in such a case.
You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. Agrosiaa cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
You are responsible for preventing unauthorized activity on your account. To help protect any information that you enter in your mobile device, we insist that you follow below mentioned methods and also install security software on your device.
Do not write down or share your log in credentials or any other personal information.
Never provide personal information in response to unsolicited text messages, emails or telephone calls – even if they appear to be from a legitimate business. You should never click on links provided in unsolicited e-mails or text messages. We do not send unsolicited electronic messages asking you for your personal information.
Use the keypad lock or phone lock function on your mobile device when it is not in use. These functions password-protect your device to make it more difficult for someone else to view your information. Also be sure to store your device in a secure location.
If you lose your mobile device or change your mobile phone number, you should notify us by contacting us immediately and in no event later than 24 hours.
For your security, you should log off/ sign off when you finish using the Website rather than just closing it.
Although we may contact you by email from time to time, we will never ask you to send us your personal or account related information via e-mail. If you receive a suspicious email, please report it to us immediately.
If you know or suspect that someone unauthorized knows your password or any other security breach, then you should notify us by contacting us immediately and in no event later than 24 hours through the address provided in the “Contact Us” section of the Website. If Agrosiaa has reason to believe that there is likely to be a breach of security or misuse of the Website, we may require you to change your password or we may suspend your account without any liability to Agrosiaa and without any prior notice to you. Without prejudice to the above, Agrosiaa reserves the right to recover from you any and all damages, losses or costs that are levied on or suffered by Agrosiaa due to misuse of your account or password whether due to reasons attributable to you or not.
You are required to log out every time you have finished using the Website and every time you leave your mobile device unattended. You will solely be responsible for all the costs and consequences that may arise from unauthorised access to your account due to any negligence in this regard. You are required to install and use the Website in a single mobile device owned/authorised by you as part of the security policy. If the Website is installed on multiple devices, you shall be solely responsible for any security breach on all devices and all the consequences arising therefrom. You expressly waive any obligations of Agrosiaa in the event of any security breach and the costs and consequences arising therefrom. If you leave yourself logged in, it would be possible that some else may use your mobile device and have access to your Account, which can result in change of any information contained in your account. They may read, modify, or delete content from your Account. They may send emails out from/using your user ID. They may even attempt to hack or damage the system from your user ID.
Presently, Agrosiaa does not levy any fee for browsing the Website. Agrosiaa may charge Users certain fees for the use of the Website and Services as a whole, or certain features of the Website / Services. You agree to pay any such fees, as may be applicable to the Services that You use. Agrosiaa will try to ensure that You are made aware of the applicability of any fees for a particular use of the Website / Services, as well as the amount of fees payable by You for any such use of the Website / Service.
Any transactions, product price and all commercial terms such as delivery, dispatch of products and/or services are on principal to principal basis between Vendor / Merchant / Seller/s and buyer/s and the payment facility of Agrosiaa is merely used by Vendor / Merchant / Seller/s and buyer/s to facilitate the completion of transactions. Use of the payment facility shall not render Agrosiaa liable or responsible for non–delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after-sales or warranty services or fraud as regards the products and/or services listed on the Website.
You understand, accept, and agree that the payment facility provided by Agrosiaa is neither a banking nor financial service, but merely a facilitator providing an electronic, automated online electronic payment facility for receiving payment through cash on delivery (CoD), collection and remittance for transactions on the Website using the existing authorized banking infrastructure and credit card payment gateway (PG) network. Further, by providing payment facility, Agrosiaa neither acts as a trustee nor fiduciary with respect to transaction or transaction price. It is hereby clarified that cash on delivery (COD) option may not be available for select products or categories.
7) TRANSACTION AND COMMUNICATION
You agree, understand and acknowledge that the Website is an electronic platform in the form of an electronic marketplace and an intermediary that provides an electronic venue where various Users may electronically meet and interact with each other to engage in commerce and transact. You further agree and acknowledge that Agroasiaa is only a facilitator and is not and cannot be a party to or control in any manner any advertisement, exhibition, making available, offer to sell or transactions of sale or purchase of Products on the Website. The Website is a platform where the Users will use to meet and interact with each another for their needs and/or transactions. Agrosiaa is not and cannot be a party to or control in any manner in respect of any transaction between Users on the Website.
All commercial/contractual terms are offered by Vendors / Merchants / Sellers and agreed upon between Vendors / Merchants / Sellers and Users alone. The commercial/contractual terms include (without limitation) price, shipping costs, payment methods and terms, date, period, and mode of delivery, and warranties and after-sales services related to products and services. Agrosiaa does not determine, advice, have any control, or in any way involve itself in the offering or acceptance of such commercial/contractual terms between Vendors / Merchants / Sellers and Users.
Agrosiaa does not make any representations or warranties regarding specifics (such as quality, value, and salability) of the items or services proposed to be sold, offered to be sold, or purchased on the Website. Agrosiaa does not implicitly or explicitly support or endorse the sale or purchase of any items and services on the Website. Agrosiaa accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
Agrosiaa is not responsible for any non-performance or breach of any contract between Vendors / Merchants / Sellers and Users. Agrosiaa cannot and does not guarantee that Vendors / Merchants / Sellers and Users concerned will perform transaction(s) concluded on the Website. Agrosiaa shall not and is not required to mediate or resolve disputes or disagreements between Vendors / Merchants / Sellers and Users.
Agrosiaa does not make any representations or warranties regarding item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its Users.
Agrosiaa does not at any point in time during a transaction between you and a buyer on the Website come into or take possession of any of the products or services offered by Vendors / Merchants / Sellers, gain title to or have any rights or claims over the products or services offered by Vendors / Merchants / Sellers to the User.
At no time shall Agrosiaa hold any right/title to or interest in the items nor have any obligations or liabilities with respect to such a contract. Agrosiaa is not responsible for unsatisfactory or delayed performance of services, damages, or delays as a result of items which are out of stock, unavailable, or back-ordered.
The Agrosiaawebsite is only a platform for communication and it is agreed that the contract for sale of any products or services shall be a strictly bipartite contract between Vendors / Merchants / Sellers and Users.
Vendors / Merchants / Sellers release and indemnify Agrosiaa and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the users on the Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Agrosiaa cannot control the information provided by other Users which is made available on the Website. Please use caution and practice safe trading when using the Website. Please note that there may be risks in dealing with underage persons or people acting under false pretense.
8)USER’S RETURN, CANCELLATION AND REFUND
Return of Products
Agrosiaa, we have a “no questions asked return policy” which entitles all users who have purchased a product on the Site to return the product at the time of delivery if they are not satisfied with the quality of the product. To make a return, please email us at [email protected] To make any returns, please write your full name, address, order number and date of order and the reason for refund. Pack the items back in original carton and keep it ready for the registered logistics partner for collection. When returning items you are strongly recommended to obtain proof of posting. Our return policy differs on items per category. For all material except live plants, we ask that the customer contact us within stipulated time not exceeding seven (7) days of receipt of product in order to qualify for refund. Products must be returned in original packaging, in pristine saleable condition. Products not received in such condition or incomplete will be returned to you and cost of return carriage will be charged.
On live plants, we ask that the customer contact us within 2 days of receipt of product in order to qualify for refund (excluding delivery charges that we have incurred if any. If items are damaged upon delivery, you must notify us immediately. Photographic evidence will then be required within a day. All return requests (including those for live plants) are to be accompanied by the original product (defective or otherwise) in order for the customer to qualify for refund. We highly recommend you use a method of tracking and take due care of the entire package as you will be liable for the goods until we receive them. Agrosiaa reserves the right to refuse product refunds on questionable returns and does not offer refunds or exchanges on products knowingly having been misused by the customer.
Agrosiaa has an option of returning the item back within 24 hours of receipt. We would consider the following points before accepting the product back:
- A product cannot be returned once it has been used. Please ensure that the product is in original condition and unused. You need to return the product with all price tags, original packing, labels and invoice.
- At times, the outer packaging may appear to be damaged, but the actual product will be just fine in most of such cases. Get in touch with our customer care (Mon to Sat 9AM to 7PM) within 24 hours of delivery if the product arrives damaged.
- In case, you get a defective or damaged product from our side, we will return or replace it and bear the shipping cost also. Pursue the following process for returning an item purchased on Agrosiaa:
- Call us and provide your order details with your ID number.
- Our customer care executive will confirm about your return request ASAP.
- The customer care executive will inform you about the product pickup process.
It is advised that the return packets should be strong and adequately packaged so that there is no further damage to products during transit.
The Damaged Goods Return Policy seeks to assist Buyers who have been received damaged goods by sold unintentionally on the Website. If at the time of delivery and/or within 7 days from the date of delivery of the product/s, if any defect is found, then the buyer of the product/s can ask for replacement of the product/s from Agrosiaa subject to the following terms and conditions:
- Notify seller of any defects in the product/s at the time of delivery of the product/s and/or within 2-3 days from the date of delivery and the same product/s will be replaced in return of the defective product/s.
- Replacement can be for the entire product/s or part/s of the product subject to availability of the same with Agrosiaa.
Following products shall not be eligible for return or replacement:
- Damages due to misuse of product;
- Incidental damage due to malfunctioning of product;
- Any consumable item which has been used/installed;
- Products with tampered or missing serial/UPC numbers;
- Any damage/defect which are not covered under the manufacturer’s warranty
- Any product that is returned without all original packaging and accessories, including the box, manufacturer’s packaging if any, and all other items originally included with the product/s delivered;
8.2 Cancellation of Product
Agrosiaa has a liberal cancellation policy. Under this policy, you can cancel your order before it has been shipped from the warehouse of the vendor / merchant(s), after being placed. In such a case we will refund payments, if any, already made by you under the relevant order. Cancellations will be considered only if the request is made within 24 hours of placing an order. No cancellation of orders placed under the Same Day Delivery category. No cancellations are entertained for those products on special occasions like Pongal, Diwali, Valentine’s Day etc. These are limited occasion offers and therefore cancellations are not possible. No Cancellations for items purchased on sale.
In case you feel that the product received is not as shown on the site or as per your expectations, you must bring it to the notice of our customer service within 24 hours of receiving the product. The Customer Service Team after looking into your complaint will take an appropriate decision. In case of complaints regarding products that come with a warranty from manufacturers, please refer the issue to them. In case of receipt of damaged or defective consumer durable items and non durable items, please report the same to our Customer Service team. The request will, however, be entertained once the vendor / merchant, has checked and determined the same at his own end. This should be reported within 24 hours of receipt of the products.
The Company at its sole discretion may cancel any order(s):
- if it suspects a customer has undertaken a fraudulent transaction, or
- in case of unavailability of a product, or
- for any reason outside the control of the Company including causes for delivery related logistical difficulties.
Further, while all measures are taken to ensure accuracy of product specifications and pricing, the details of a product as reflected on the Site may be inaccurate due to technical issues, typographical errors or incorrect product information provided to the Company by a supplier and in such an event you shall be notified as soon as such error comes to the notice of the Company. In such event, the Company reserves the right to cancel your order and refund any money that may have been paid by you towards purchase of such products.
We maintain a negative list of all fraudulent transactions and non-complying users, and reserve the right to deny access to such users at any time or cancel any orders placed by them in future.Agrosiaa reserves the right to cancel an order at it’s own discretion at any time with a written notice to the buyer.
Agrosiaa believes in maintaining its customers as far as possible, and has therefore a very accurate refund policy. Orders delivered & accepted by customer cannot be refunded. In case you feel the order is not as per specification, please contact our customer care team immediately within 24hrs of delivery acceptance.
Replacement of a product would be a subject to the availability of that particular product.
We will take the returned product back with us and grant credit for the value of the returned product, which will be credited to your account on the Site. To refund this credit amount Agrosiaa, does not issue any Cash voucher (store credit) or any other different items in exchange. All refunds will be made within 15 business days of Agrosiaa approving the refund and receiving the necessary bank details from the buyer.
Refund will be processed based on the mode of payment of the order:
- Orders paid by credit/ debit card will be refunded by credit back to the credit/ debit card within 7 working days and the refund will reflect in the next statement.
- Orders paid by net banking accounts will be credited back to bank account.
- For all other modes of payment, we will send a refund cheque. The cheque will be made in favour of the name as in the "billing name" provided at the time of placing the order.
In case of refunds, the refund amount will never exceed the amount the buyer has paid at the time of placing the order on the website or through any other means of communication. The Buyer will not be entitled to any interest on the refund amount.
9) TRADEMARK, COPYRIGHT AND RESTRICTION:
You agree and understand that Agrosiaa Website merely provides hosting services to its Registered Users and Guests visiting the Website. All items advertised / listed and the contents therein are advertised and listed by Registered Users and are third party user generated contents. Agrosiaa neither originates nor initiates the transmission nor select the sender and receiver of the transmission nor selects nor modify the information contained in the transmission. Agrosiaa has no control over the third party user generated contents. Agrosiaa is merely an intermediary and does not interfere in the transaction between Buyers and Vendor / Merchant / Sellers.
As a user, you are responsible for your own communications and are responsible for the consequences of their posting. You must not, and by using this Agrosiaa Website / Agrosiaa.com you agree not to, do the following things:
Post or transmit any content that is abusive, vulgar, obscene, hateful, fraudulent, threatening, harassing, defamatory, or which discloses private or personal matters concerning any person;
Post or transmit any material that you don't have the right to transmit under law (such as copyright, trade secret or securities) or under contractual or fiduciary relationships (such as nondisclosure agreements);
Post, transmit, or link to sexually explicit material; Impersonate any person, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Post or transmit any advertising, promotional materials, or other forms of solicitation including chain letters and pyramid schemes; Intentionally violate any other applicable law or regulation while accessing and using our site;
Post or transmit any file that contains viruses, corrupted files, "Trojan Horses," or any other contaminating or destructive features that may damage someone else's computer.
Harvest or otherwise collect information about others, including e-mail addresses.
Violate any applicable laws or regulations of India.
Create a false identity for the purpose of misleading others.
Link, display, or advertise (through the use of email addresses, URLs, images, or any other contact information) goods or services for which you are not posting on Agrosiaa.
The Service prohibits the transmission, distribution or posting of any matter or other Entry Data which:
Is dangerous, counterfeit or stolen goods.
Advertises goods that do not actually exist. We accept no responsibility for the content of any advertising material published on this web site. When you submit an ad for publication on Agrosiaa, you agree that the advertisement as it appears on Agrosiaa becomes the property of Agrosiaa and you assign all ownership interest in the advertisement as it appears on Agrosiaa under copyright law or otherwise to Agrosiaa.
Submission of an advertisement does not constitute a commitment to publish the advertisement, and publication of an advertisement does not constitute an agreement for continued publication. Rates and specifications are subject to change
You agree, undertake and confirm that your use of the Website shall be strictly governed by the following binding principles:
You shall not host, display, upload, modify, publish, transmit, update or share any information which:
belongs to another person and over which you have no right;
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever, or unlawfully threatening or harassing, including but not limited to ‘indecent representation of women’ within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
is misleading in any way;
is patently offensive to the online community, such as sexually explicit content or content that promotes obscenity, pedophilia, racism, bigotry, hatred, or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
involves the transmission of ‘junk mail’, ‘chain letters’, unsolicited mass mailing, or ‘spamming’;
promotes illegal activity or conduct that is abusive, threatening, obscene, defamatory, or libelous;
infringes upon or violates any third party's rights [including but not limited to intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address, or phone number) or rights of publicity];
promotes an illegal or unauthorized copy of another person's copyrighted work (see ‘Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material) such as providing pirated computer programs or links, information to circumvent manufacturer-installed copy-protect devices, or pirated music or links to pirated music files;
contains restricted or password-only access pages, hidden pages or images (those notlinked to or from another accessible page);
provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses;
contains videos, photographs or images of another person (with a minor or an adult);
tries to gain unauthorized access or exceeds the scope of authorized access to the Website, profiles, blogs, communities, account information, bulletins, friend requests, or other areas of the Website, or solicits passwords or personal identifying information for commercial or unlawful purposes from other users on the Website;
engages in commercial activities and/or sales such as contests, sweepstakes, barter, advertising, pyramid schemes, or the buying or selling of ‘virtual’ items related to the Website without our prior written consent. Throughout the ToU, Agrosiaa’s prior written consent means a communication coming from the Agrosiaa’s Legal Department in response to your request and specifically addressing the activities or conduct for which you have sought authorization;
solicits gambling or engages in any gambling activity which we, at our sole discretion, believe is or could be construed as being illegal;
interferes with another’s use and enjoyment of the Website;
harms minors in any way;
infringes any patent, trademark, copyright, proprietary rights, third-party’s trade secrets, rights of publicity, or privacy, is fraudulent, or involves the sale of counterfeit or stolen items;
violates any law for the time being in force;
deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
impersonates another person;
contains software viruses or any other computer codes, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs, or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept, or expropriate any system, data, or personal information;
threatens the unity, integrity, defense, 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;
shall be false, inaccurate, or misleading;
shall not, directly or indirectly, offer or attempt to offer trade or attempt to trade in any item 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;
shall not create liability for us or cause us to lose (in whole or part) the services of our Internet Service Provider (“ISPs”) or other suppliers.
You shall not use any ‘program, algorithm, methodology, or any similar or equivalent manual process to copy, in any way reproduce, or circumvent the navigational structure, presentation of the content on the Website to obtain or attempt to obtain any material, documents, or information about the Website or the Content through any means other than that which has been purposely made available through the Website. We reserve our right to bar any such activities.
You shall not attempt to gain unauthorized access to any portion or feature of the Website, other systems, networks connected to the Website, or the services offered on or through the Website by hacking, password ‘mining’, or any other illegitimate means.
You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website or breach the security, authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace information on any other user of or visitor to Website (including any account on the Website that is not owned by you) or to its source or exploit the Website, any service, information made available, or offered by or through the Website in any way where the purpose is to reveal any information (including but not limited to personal identification or information other than your own information) provided by the Website.
You shall not make any negative, denigrating, or defamatory statement(s)/comment(s) about us, the brand name, or domain name used by us, including the terms Agrosiaa, Agrosiaa.com or otherwise engage in any conduct or action that might tarnish the image or reputation of Agrosiaa or sellers on the platform or otherwise tarnish or dilute any Agrosiaa trade mark, service marks, trade name and/or goodwill associated with such trade, service marks or trade name as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Agrosiaa’s systems, networks, or any systems or networks connected to Agrosiaa.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website, any transaction being conducted on the Website or any other person’s use of the Website.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message, transmittal you send to us on or through the Website, or any service offered on or through the Website. You may not pretend that you are or represent someone else or impersonate any other individual or entity or access the Website through another user’s account, unless authorized to do so.
You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000, and the rules thereunder as applicable and amended from time to time and also all applicable domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/ VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of items or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force. In particular you shall ensure that if any of your items listed on the Website qualifies as an "Antiquity" or "Art treasure" as defined in the Act ("Artwork"), you shall indicate that such Artwork is "non-exportable" and sold subject to the provisions of the Antiquities and Art Treasures Act, 1972, and shall ensure that it is not delivered to any buyer at any place outside India.
It is possible that other users (including unauthorized persons or ‘hackers’) may post or transmit offensive or obscene material on the Website and that you may be involuntarily exposed to such material. It is also possible for others to obtain personal information about you due to your use of the Website and use such information to harass or injure you. We do not approve of such unauthorized uses but by using the Website, you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Website. Please carefully select the type of information that you publicly disclose or share with others on the Website.
If you believe that any Content or User Content (as defined herein) or other content available on the Website does not comply with the terms of the Agreement(s) or applicable law, You may report such content in the manner prescribed under clause 14 herein.
You may need to install updates that we or any third party introduce from time to time to use the services, Products, Website including downloads and required functionality, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, "Updates"). Your use of the Products or Website you have installed requires that you have agreed to receive such automatically requested Updates.
10) TRADEMARK, COPYRIGHT AND RESTRICTION:
The Website is controlled and operated by Agrosiaa and products are sold by respective registered sellers.
All material on the Website, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks and other intellectual property rights. The "Agrosiaa", services and materials made available on the Website, and their selection and arrangement inclusive of trademarks, service marks, information, content, text, sounds, images, graphics, logos, page headers, page footers, scripts, service names, other similar rights or forms of protection whether registered or not and any other intellectual property of "Agrosiaa" Group.
The user acquires no right, titles or interest in any of the "Agrosiaa" Property. The User will not (and will not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, sell, assign, sublicense or otherwise transfer any rights over the "Agrosiaa" property, except as expressly provided herein.
Without the prior written consent of the owner, modification or use of the material on any other Website/networked computer environment or for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks, and other proprietary rights is prohibited. Any use for which you receive any remuneration, whether money or otherwise, is a commercial use for the purposes of this clause.
Agrosiaa respects the intellectual property of others. In case you feel that your trademark has been infringed, you can write to Agrosiaa at [email protected]
Agrosiaa respect the intellectual property of others. In case you feel that Your work has been copied in any way that constitutes copyright infringement you can write to Agrosiaa at [email protected]
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site, without the express, prior written consent of Agrosiaa in each instance.
When you use the Website or emails, other data, information, or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically or as and when required. We may communicate with you by email or any other mode of communication, electronic or otherwise
LIMITATION OF LIABILITY
We warrant that, in making the "Agrosiaa" available to User, we shall use our reasonable skill and care. While we endeavor to make the "Agrosiaa" available 24 hours a day, subject to disconnection/non-availability due to the maintenance and upkeep and any emergency or force – majeure situation. However we shall not be liable if for any reason the "Agrosiaa" is unavailable for any time or for any period. We make no warranty that User's access to the "Agrosiaa" will be uninterrupted, timely or error-free. While we endeavor to ensure that information and materials on the "Agrosiaa" are correct, no warranty or representation, express or implied, is given that they are complete, accurate, up-to-date, fit for a particular purpose and, to the extent permitted by law, we do not accept any liability for any errors. This shall not affect any obligation which we may have under any contract that we may have with User to provide User with Service. The User understands and hereby agree that, except as otherwise expressly stated and to the extent applicable by law, in no event will "Agrosiaa" and its affiliates be liable to any user or any other party for any damages, including but not limited to direct, indirect, special, consequential, or exemplary damages, regardless of the nature or basis of the claim, resulting from any u¬¬se of the platform, or the contents thereof without limitation any lost profits, business interruption, loss of data, failure of performance, delay in operation of transmission, computer virus or equipment or network failure or otherwise,. The User understands and agrees that its use of the Website is conditioned upon your waiver of any right against "Agrosiaa" and its affiliate, for damages or losses resulting from your use of the Website.
DISCLAIMER OF WARRANTIES:
"Agrosiaa" makes no warranties regarding the safety of the Website and the accuracy of the content thereon. Each party represents and warrants that it shall perform its obligations so as to comply with applicable Central, state and local laws, ordinances and regulations. The users warrants that it own or otherwise have sufficient rights to grant the license granted to its proprietary material in compliance with all applicable laws and regulations including but not limited to any Indian patent, copyright, trademark, or trade secret law or regulation. The User further warrant that the use of its proprietary material will not infringe upon any intellectual property, or any other rights of any third party. Except as otherwise expressly provided, all content, information, services and tools and on this Website are provided on an "As Is", "As Available" basis and use of this Service is solely at your own risk. We expressly disclaims all warranties and conditions of any kind whether express or implied, including but not limited to, the implied warranty of merchantability, non-infringement, fitness for a particular purpose, and all implied warranties arising from statute, course of dealing, course of performance or usage of trade. "Agrosiaa" makes no warranty that the content and software are accurate, timely, uninterrupted, virus-free or ERROR-FREE. To the extent permissible by law, "Agrosiaa" expressly disclaims any and all other warranties.
THIRD PARTY WEBSITE
We have no control over and accept no responsibility for the content of any website or mobile website to which a link from the "Agrosiaa" exists (unless we are the provider of those linked websites or mobile websites). Such linked websites and mobile websites are provided for User's convenience only with no warranty, express or implied, for the information provided within them. User must not without our permission: -use or copy any material from the "Agrosiaa", including, but not limited to, onto other websites or in other mobile websites; or -frame any of the "Agrosiaa" onto User's own or another person's website or mobile website.
Agrosiaa will make every reasonable effort to protect and backup data for Client on a regular basis, however Agrosiaa does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, Client is responsible for making back-up files in connection with its use of the Services. Client is solely responsible for independent backup of data stored on our server and network.
SUSPENSION AND/OR TERMINATIONDUE TO BREACH:
The Agreement will continue to apply until terminated by either You or Agrosiaa as set forth below. If You want to terminate Your agreement with Agrosiaa, You may do so by (i) not accessing the Website; or (ii) closing Your Account for all of the Services that You use, where Agroaiaa has made this option available to You.
Agrosiaa may also terminate or suspend all or a portion of Your Account or access to the Services with or without reason. Except as may be set forth in any Additional Terms applicable to a particular Service, termination of Your Account may include: (i) removal of access to all offerings within the Website or with respect to the Services; (ii) disabling access to the Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Account (or any part thereof), and any User Content uploaded by You; and (iii) prohibiting further use of the Services.
You agree that all terminations shall be made in Agrosiaa 's sole discretion and that Agrosiaa shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the Website and Services.
INDEPENDENCE FROM PLATFORMS
"Agrosiaa" is independent of any platform on which it is located. "Agrosiaa" is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, without limitation, Apple, Google, Android or RIM Blackberry (each being an "Operator"). The Download, installation, access to or use of the "Agrosiaa" by User is also bound by the terms and conditions of the Operator.
The User may submit and /or personal information with "Agrosiaa" as a part of services offered herein. The personally identifiable information of the user will not be shared with advertisers or spammers or any third party, except as specified here in above. The Personal information of the user would be stored as per the policy and rules of "Agrosiaa". The e-mail id of the user may be used to send and receive communications from "Agrosiaa" and other users of "Agrosiaa". The feedback, reviews, ratings, etc., by any user may be used to improve the quality of services provided herein and for the purpose of advertisement and publicity.
APPLICABLE JURISDICTION AND GOVERNING LAW
Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. Agrosiaa makes no representation that the material on the Website is appropriate or available for use in other locations/countries other than India. Those who choose to access the Website from other locations/countries other than India do so on their own initiative and Agrosiaa is not responsible for supply of products/refund for the products ordered from other locations/countries other than India and compliance with local laws, if and to the extent local laws are applicable
Please send any comments or questions, including all enquiries not related to copyright infringement, on the Website to [email protected]
Assignment: You cannot assign or otherwise transfer the Agreements, or any rights granted hereunder or any obligations, to any third party and any such assignment or transfer or purported assignment or transfer shall be void ab initio. Agrosiaa's rights and/or obligations under the Agreement are freely assignable or otherwise transferable by Agrosiaa to any third parties without the requirement of seeking Your prior consent. Agrosiaa may inform You of such assignment or transfer in accordance with the notice requirements under the Agreement. Agrosiaa shall have right to transfer Your Account and Account Information to a third party who purchases Agrosiaa 's business as conducted under the Website.
22) GRIEVANCE OFFICER
In accordance with the IT Act, 2000, and the rules thereunder, the name and contact details of the grievance officer are provided below:
Agrosiaa Agri-Commodities Online Service LLP
105, New Timber Market,
Pune – 411042, Maharashtra, India
Email: [email protected]
Time: Mon – Sat (9:00 – 18:00)
Please contact us regarding any questions regarding this statement.