Please read the following
terms and conditions very carefully as your use of service is subject to your
acceptance of and compliance with the following terms and conditions
("Terms").
By subscribing to or using any of our services you agree that
you have read, understood and are bound by the Terms, regardless of how you
subscribe to or use the services. If you do not want to be bound by the Terms,
you must not subscribe to or use our services. These Terms and various other
policies are binding as per the provisions of the Information Technology
(Intermediaries guidelines) Rules, 2011 formulated under the Information
Technology Act of 2000.
In these Terms, references to "you", "User"
shall mean the end user accessing the website, its contents and using the
Services offered through the website, "Service Providers" mean
independent third party service providers, and "we", "us"
and "our" shall mean Agrimesh Krishimart LLP and its affiliates.
1. Introduction:
a) www.krishimart.in ("Website") is an Internet based
content and e-commerce portal, and holding company incorporated under the laws
of India.
b) Use of the website is offered to you conditioned on
acceptance without modification of all the terms, conditions and notices
contained in these Terms, as may be posted on the website from time to time.
krishimart.in at its sole discretion reserves the right not to accept a user
from registering on the www.krishimart.in without assigning any reason thereof.
2. User Account, Password,
and Security:
You must create a strong password and account designation upon
completing the Website's registration process. You are responsible for
maintaining the confidentiality of the password and account, and are fully
responsible for all activities that occur under your password or account. You
agree to (a) immediately notify krishimart.in of any unauthorized use of your
password or account or any other breach of security, and (b) ensure that you
exit from your account at the end of each session. Krishimart.in will not be
liable for any loss or damage arising from your failure to comply with this
Section 2.
3. Services Offered:
Krishimart.in provides a number of Internet-based services through
the website (all such services, collectively, the "Service"). One
such service enables users to purchase original products such as seeds and
accessories from various supplier brands (collectively, "Products").
The Products can be purchased through the Website through various methods of
payments offered. The sale/purchase of Products shall be additionally governed
by specific policies of sale, like cancellation policy, return policy, etc.,
and all of which are incorporated here by reference. In addition, these terms
and policies may be further supplemented by Product specific conditions, which
may be displayed on the webpage of that Product.
4. Privacy Policy:
The User hereby consents, expresses and agrees that he has read
and fully understands the Privacy Policy of krishimart.in. The user further
consents that the terms and contents of such Privacy Policy are acceptable to
him.
5. Limited User:
The User agrees and undertakes not to reverse engineer, modify,
copy, distribute, transmit, display, perform, reproduce, publish, license,
create derivative works from, transfer, or sell any information or software
obtained from the Website. Limited reproduction and copying of the content of
the Website is permitted provided that krishimart's name is stated as the
source and prior written permission of Krishimart.in is sought. For the removal
of doubt, it is clarified that unlimited or wholesale reproduction, copying of
the content for commercial or non-commercial purposes and unwarranted
modification of data and information within the content of the website is not
permitted.
6. User Conduct and Rules:
You agree and undertake to use the Website and the Service only
to post and upload messages and material that are proper. By way of example,
and not as a limitation, you agree and undertake that when using a Service, you
will not:
(a) defame, abuse, harass, stalk, threaten or otherwise violate
the legal rights of others; (b) publish, post, upload, distribute or
disseminate any inappropriate, profane, defamatory, infringing, obscene,
indecent or unlawful topic, name, material or information; (c) upload files
that contain software or other material protected by intellectual property laws
unless you own or control the rights thereto or have received all necessary
consents; you own or control the rights thereto or have received all necessary
consents; (d) upload or distribute files that contain viruses, corrupted files,
or any other similar software or programs that may damage the operation of the
Website or another's computer; (e) conduct or forward surveys, contests,
pyramid schemes or chain letters; (f) download any file posted by another user
of a Service that you know, or reasonably should know, cannot be legally
distributed in such manner; (g) falsify or delete any author attributions,
legal or other proper notices or proprietary designations or labels of the
origin or source of software or other material contained in a file that is
uploaded; (h) violate any code of conduct or other guidelines, which may be
applicable for or to any particular Service; (i) violate any applicable laws or
regulations for the time being in force in or outside India; and (j) violate, abuse,
unethically manipulate or exploit, any of the terms and conditions of this
Agreement or any other terms and conditions for the use of the Website
contained elsewhere.
7. User Warranty and
Representation:
The user guarantees, warrants, and certifies that you are the
owner of the content which you submit or otherwise authorized to use the
content and that the content does not infringe upon the property rights,
intellectual property rights or other rights of others. You further warrant
that to your knowledge, no action, suit, proceeding, or investigation has been
instituted or threatened relating to any content, including trademark, trade
name service mark, and copyright formerly or currently used by you in
connection with the Services rendered by krishimart.in.
8. Exactness Not
Guaranteed:
Krishimart.in hereby disclaims any guarantees of exactness as to
the finish and appearance of the final Product as ordered by the user. The
quality of any products, services, information, or other material purchased or obtained
by you through the website may not meet your expectations. Alterations to
certain aspects of your order such as the supplier brand, quantity etc. may be
required due to limitations caused by availability of product difference in
quantity charts of respective brands etc. In this instance you agree that
krishimart.in will send an approval request via the email address, which you
submitted when placing your order. If you do not agree with the requested
change you retain the right to reject the requested product change by replying
to it within 7 days of it being sent to you.
9. Intellectual Property
Rights:
a) Unless otherwise indicated or anything contained to the
contrary or any proprietary material owned by a third party and so expressly
mentioned, Krishimart.in owns all Intellectual Property Rights to and into the
Website, including, without limitation, any and all rights, title and interest
in and to copyright, related rights, patents, utility models, trademarks, trade
names, service marks, designs, know-how, trade secrets and inventions (whether
patentable or not), goodwill, source code, meta tags, databases, text, content,
graphics, icons, and hyperlinks. You acknowledge and agree that you shall not
use, reproduce or distribute any content from the Website belonging to
Krishimart.in without obtaining authorization from Krishimart.in.
b) Notwithstanding the foregoing, it is expressly clarified that
you will retain ownership and shall solely be responsible for any content that
you provide or upload when using any Service, including any text, data,
information, images, photographs, music, sound, video or any other material
which you may upload, transmit or store when making use of our various Service.
However, with regard to the product customization Service (as against other
Services like blogs and forums) you expressly agree that by uploading and
posting content on to the Website for public viewing and reproduction/use of
your content by third party users, you accept the User whereby you grant a non-exclusive
license for the use of the same.
10. Links To Third Party
Sites:
The Website may contain links to other websites ("Linked
Sites"). The Linked Sites are not under the control of Krishimart.in or
the Website and Krishimart.in is not responsible for the contents of any Linked
Site, including without limitation any link contained in a Linked Site, or any
changes or updates to a Linked Site. Krishimart.in is not responsible for any
form of transmission, whatsoever, received by you from any Linked Site. Krishimart.in
is providing these links to you only as a convenience, and the inclusion of any
link does not imply endorsement by Krishimart.in or the Website of the Linked
Sites or any association with its operators or owners including the legal heirs
or assigns thereof. The users are requested to verify the accuracy of all
information on their own before undertaking any reliance on such information.
11. Refund Policy:
If due to any reason, unavoidable circumstances or beyond the
limitations of the merchants the order is not shipped by the seller then the
order shall be cancelled and refunded. In the event the order is delivered and
has been cancelled for refund due to product fault, delivery of wrong product,
partial product, etc. the refund is processed. In normal conditions our Return
and Exchange Policy offers no return of goods once delivered. Users are advised
and recommended to decide their requirements as per the crop conditions and
make appropriate inquiries with subject matter specialist and seek appropriate
advice before making any specific or other decisions to order the item. If you
choose to exchange the item for reason of mismatch of product or receipt of a
defective or expired item, you will be provided with a replacement of the item,
free of cost. However an exchange is subject to availability of the product in
our stock.
12 . Cancellation Policy:
As a user, you may cancel your order at any time until the order
has been processed, after being placed. In such a case we will refund payments,
if any, already made by you under the relevant order. However, cancellation is
not allowed once item shipped. Hence users are advised and recommended to
decide their requirements as per the crop conditions and make appropriate
inquiries with subject matter specialist and seek appropriate advice before
making any specific or other decisions to order the item.
13. Disclaimer Of
Warranties/Limitation Of Liability:
a) Krishimart.in has endeavored to ensure that all the
information on the website is correct, but krishimart.in neither warrants nor
makes any representations regarding the quality, accuracy or completeness of
any data, information, product or service. In no event shall krishimart.in be
liable for any direct, indirect, punitive, incidental, special, consequential
damages or any other damages resulting from: (a) the use or the inability to
use the Services or Products; (b) unauthorized access to or alteration of the
user's transmissions or data; (c) any other matter relating to the services;
including, without limitation, damages for loss of use, data or profits,
arising out of or in any way connected with the use or performance of the
website or service. Neither shall Krishimart.in be responsible for the delay or
inability to use the website or related services, the provision of or failure
to provide services, or for any information, products, services and related
graphics obtained through the website, or otherwise arising out of the use of
the website, whether based on contract, tort, negligence, strict liability or
otherwise. Further, krishimart.in shall not be held responsible for
non-availability of the Website during periodic maintenance operations or any
unplanned suspension of access to the website that may occur due to technical
reasons or for any reason beyond Krishimart's control. The user understands and
agrees that any material and/or data downloaded or otherwise obtained through
the Website is done entirely at their own discretion and risk and they will be
solely responsible for any damage to their computer systems or loss of data
that results from the download of such material and/or data.
b) The performance of the product is subject to usage as per manufacturer guidelines. Read enclosed leaflet of the products carefully before use. The use of this information is at the discretion of user. The content in the website does not constitute any form of advice and recommendation and krishimart.in will not be liable for any direct or indirect losses caused because of visitor’s reliance on the same in making any specific or other decisions. Visitors are recommended to make appropriate inquiries with subject matter specialist and seek appropriate advice before making any specific or other decisions.
Performance of the pesticides/seeds or any agro inputs, are not a responsibility of the seller or KrishiMART. For any issues with product, please contact the customer service number given on the product packet.
14. Indemnification:
You agree to indemnify, defend and hold harmless Krishimart.in
from and against any and all losses, liabilities, claims, damages, costs and
expenses (including legal fees and disbursements in connection therewith and
interest chargeable thereon) asserted against or incurred by krishimart.in that
arise out of, result from, or may be payable by virtue of, any breach or
non-performance of any representation, warranty, covenant or agreement made or
obligation to be performed by you pursuant to these Terms.
15. Pricing:
Prices for products are described on our Website and are
incorporated into these Terms by reference. All prices are in Indian rupees.
Prices, products and Services may change at Krishimart's discretion.
16. Shipping:
Title and risk of loss for all products ordered by you shall
pass on to you upon krishimart's shipment to the shipping carrier. Rules on COD
vary based on transaction value, products, shipping location and other relevant
parameters. Krishimart shall retain the right to offer/deny COD for specific
cases.
17. Termination:
a) Krishimart.in may suspend or terminate your use of the
Website or any Service if it believes, in its sole and absolute discretion that
you have breached, violated, abused, or unethically manipulated or exploited
any term of these Terms or anyway otherwise acted unethically.
b) Notwithstanding Section 15.a above, these Terms will survive
indefinitely unless and until Krishimart.in chooses to terminate them.
c) If you or krishimart.in terminates your use of the website or
any service, krishimart.in may delete any content or other materials relating
to your use of the service and krishimart.in will have no liability to you or
any third party for doing so.
d) You shall be liable to pay for any Service or product that
you have already ordered till the time of termination by either party
whatsoever. Further, you shall be entitled to your royalty payments as per the
User License Agreement that has or is legally deemed accrued to you.
18. Governing Law:
These terms shall be governed by and constructed in accordance
with the laws of India without reference to conflict of laws principles and
disputes arising in relation hereto shall be subject to the exclusive jurisdiction
of the courts at Ahmedabad, Gujarat.
19. Severability:
If any provision of the Terms is determined to be invalid or
unenforceable in whole or in part, such invalidity or unenforceability shall
attach only to such provision or part of such provision and the remaining part
of such provision and all other provisions of these Terms shall continue to be
in full force and effect.
20. Report Abuse:
As per these Terms, users are solely responsible for every material or content uploaded on to the Website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these Terms, please report to support@krishimart.in