Terms & Conditions

GENERAL     

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1. The terms and conditions for usage of the Agrajain Platform as set out herein (“Terms of Use”) specifically govern your access and use of the Agrajain Platform which provides a forum for you to inter alia enable you to discover, select and buy Products listed on Agrajain Platform at the indicated price at any time, from the locations serviceable by us.

 

 

1.2 Please note that we may from time to time change the Terms of Use that govern your use of the Agrajain Platform. Every time you wish to use our Agrajain Platform, please check these Terms of Use to ensure you understand the terms and conditions that apply at that time. Further, please note that we reserve the right to either change the format and the content of the Agrajain Platform or suspend the operation of the Agrajain Platform for support or maintenance work, in order to update the content or for any other reason, at any time.

1.3 Any accessing, browsing, or otherwise using the Agrajain Platform indicates your agreement to these Terms of Use, the privacy policy of Agrajain Platform (available here: privacy policy) and any other policies or guidelines that may be applicable on the Agrajain Platform at the time of your access and usage of the Agrajain Platform and which may be updated from time to time (collectively, the “Agreement”).

1.5 We authorise you to view and access the Agrajain Platform solely for identifying Products and carrying out purchases of Products, therefore, grant you a limited, revocable permission to access and use the Services.

1.6 By accepting this Agreement, you affirm that you are 18 (Eighteen) years of age or above and are fully competent to enter into this Agreement, and to abide by and comply with this Agreement. If a user is below 18 (Eighteen) years of age, it is assumed that he/she is using/browsing the Agrajain Platform under the supervision of his/her parent or legal guardian and that such user’s parent or legal guardian has read and agrees to the terms of this Agreement, including terms of purchase of Products on behalf of the minor user. In the event we are made aware that a user is under the age of 18 and is using/browsing the Agrajain Platform without the supervision of his/her parent or legal guardian, we reserve the right to deactivate such user’s account without further notice. Further, if you are using the Services on behalf of a company or organisation, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement. 

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REGISTRATION OF YOUR ACCOUNT
2.1 In order to purchase Products on the Agrajain Platform and/or avail the Services, you will have to register on the Agrajain Platform. For placing an order, you should login to your account.

2.2 You are solely authorized to operate the account created by you. Consequently, it is your responsibility to maintain the confidentiality of the log in credentials of your account on the Agrajain Platform and for restricting access to your computer/mobile/other similar devices to prevent unauthorized access to your account. You shall remain solely liable for all the actions undertaken through your account.

2.3 You will: (a) immediately inform us of any unauthorized use of the account or any other security breach; and (b) ensure that you log out of your account at the end of each session. We, our employees, agents, directors and officers will not be liable for any loss or direct or indirect damage arising from your failure to comply with these Terms of Use. You may be held liable for any losses incurred to us or any other user due to unauthorized use of their account by you. We reserve the right to refuse access to the Agrajain Platform, terminate accounts, remove or edit content at any time without notice to you.

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COMMUNICATION AND UNSUBSCRIPTION
3.1 By accepting the Terms of Use, you also accept to receive news, updates, offers/ campaign related SMS, to the mobile phone number provided by you. By accessing and using the Agrajain Platform and/ or verifying your contact number with us, you explicitly consent to receive such communications (through call, SMS, email or other digital and electronic means) from us and/or our authorized representatives regarding any new services or offerings, even if your contact number is registered under the DND/NCPR list under the Telecom Commercial Communications Customer Preference Regulations, 2018.

3.2 You can unsubscribe/ opt-out from receiving marketing/ promotional communications, newsletters and other notifications from us at any time by following the instructions set out in such communications.

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DISCLAIMER OF WARRANTIES, INACCURACIES OR ERRORS
4.1 We will try to ensure that all information and recommendations, whether in relation to the Products, Services, offerings or otherwise (hereinafter “Information”) provided as part of this Agrajain Platform is correct at the time of inclusion on the Agrajain Platform. We do not guarantee the accuracy of the Information. We make no representations or warranties as to the completeness or accuracy of Information.

4.2 You agree that Information is being supplied to you on the condition that you will make your own determination as to the suitability of such information for your purpose prior to use or in connection with the making of any decision. No Information on the Agrajain Platform shall constitute an invitation to invest in us or any affiliates. Any use of this Agrajain Platform or the Information is at your own risk. Neither we, our affiliates, nor their officers, employees or agents shall be liable for any loss, damage or expense arising out of any access to, use of, or reliance upon, this website, the Information, or any third-party website linked to this Agrajain Platform. We are not responsible for the content of any third-party sites and do not make any representations regarding the content or accuracy of material on such sites. If you decide to access links of any third-party platforms, you are doing so entirely at your own risk and expense.

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As means to assist the users in identifying the Products of their choice, we provide visual representations on the Agrajain Platform including graphics, illustrations, photographs, images, videos, charts, screenshots, infographics and other visual aids. While reasonable efforts are made to provide accurate visual representation, we disclaim any guarantee or warranty of exactness of such visual representation or description of the Product, with the actual Product ultimately delivered to users. The appearance of the Product when delivered may vary for various reasons.

While reasonable efforts are made to provide accurate price of the products representation, we disclaim any guarantee or warranty of exactness of such price description of the Product as the price is subjected to change due to external factors.

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TRADEMARKS
All the trade names associated with us and all Products and logos denoted with TM are trademarks or registered trademarks of us or our affiliates. Our trademarks may not be used in connection with any product or service that is not our product or service.

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You will not do any of the following:

1 Delete or modify any content on Agrajain Platform, such as any information regarding the Services, their performance, sales or pricing.

2 Use any engine, software, tool, agent or other mechanism (such as spiders, robots, avatars, worms, time bombs etc.) to navigate or search Agrajain Platform.

3 Make false or malicious statements against the Services, Agrajain Platform or us.

4. Post, copy, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise disrupt or damage Agrajain Platform and/or Services or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of Agrajain Platform and/or the Services.

5. Introduce any trojans, viruses, any other malicious software, any bots or scrape Agrajain Platform for any information.

6. Probe, scan, or test the vulnerability of any system, security or authentication measures implemented by us or otherwise tamper or attempt to tamper with our technological design and architecture.

7. Hack into or introduce malicious software of any kind onto Agrajain Platform.

8. Gain unauthorized access to, or interfere with, or damage, or disrupt the server on which the details connected to the Services are stored, or any other server, computer, or database connected to the Services.

9. Engage in any form of antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,”, “phishing” and “griefing” as those terms are commonly understood and used on the internet.

10. You are prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, updating or sharing on or through Agrajain Platform, any information that:

11. belongs to another person and to which you do not have any right.

12. is harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, hateful, relating to or encouraging money laundering or gambling, or otherwise harmful in any manner whatsoever.

13. harms minors in any way.

14. infringes any patent, trademark, copyright or other proprietary rights.

15. violates any law for the time being in force.

16. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.

17. impersonates or defames another person.

18. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.

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PART B – TERMS AND CONDITIONS OF SALE ON AGRAJAIN PLATFORM
 

The terms and conditions of sale as set out herein (“Terms of Sale”) constitute an agreement between us and you and govern the terms and conditions on which you purchase your Products from us on or through the Agrajain Platform. By placing an order for any Product with us or making a purchase of Product, you expressly agree to be bound by these Terms of Sale.

These Terms of Sale are in addition to the Agreement. These Terms of Sale constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.

1. OUR CONTRACT OF SALE

1.1 Listing and display of a Product by us on Agrajain Platform is our invitation to you to make an offer for purchase of such Product. Likewise, the placement of an order on Agrajain Platform by you is your offer to buy the Product(s) from us.

1.2 Once you have placed an order with us for purchase of a Product, you will receive an e-mail and/or mobile confirming receipt of your order and containing the details of your order (the “Order Confirmation”). The Order Confirmation is merely an acknowledgment that we have received your order and does not signify our acceptance of your offer.

1.3 An order once placed shall not be open for returns or cancellations. You may contact our support team at orders@agrajain.in for any specific queries concerning the same.

1.4 If your order is dispatched in more than one package, you may receive separate Shipment Confirmations for each package, and each Shipment Confirmation and corresponding dispatch will conclude a separate contract of sale between you and us for the Product(s) specified in that Shipment Confirmation.

1.5 Any communication from us shall be sent only to your registered mobile number and/or email address or such other contact number or email address that you may designate for any particular transaction. You shall be solely responsible to update your registered mobile number and/or email address on the Agrajain Platform in the event there is a change. Further, we may also send you notifications and reminders with respect to scheduled deliveries of the purchased Products. While we shall make every endeavour to share reminders and notifications relating to the delivery of purchased Product(s) with you, we shall not be held liable for any failure to send such notifications or reminders to you.

1.6 Your contract is with us and you confirm that the Product(s) ordered by you are purchased for your internal/personal purpose and not for resale or business purpose. Please note that we sell Products only in quantities which correspond to the usual requirements of an average household. This applies both to the number of Products ordered within a single order and the placing of several orders for the same Product where the individual orders comprise a quantity typical for a normal household.

1.7 All orders placed on Agrajain Platform are subject to the availability of such Product, our acceptance of your offer as per the above, and your continued adherence to these Terms of Sale.

1.8 You hereby authorize us to declare and provide declarations to any governmental authority on request on your behalf, including that the Products ordered by you are for personal, non-commercial use.

2. PRODUCT AVAILABILITY

We list availability information for the Products on the relevant webpage of Agrajain Platform. Beyond what we say on that webpage or otherwise on Agrajain Platform, we cannot be more specific about availability. Please note that dispatch estimates are not guaranteed and should not be relied upon as such. As we process your order, you will be informed by e-mail and/or mobile SMS if any Products you order turn out to be unavailable or out of stock.

3. PRODUCT PRICING

3.1 All prices that are listed/displayed on Agrajain Platform are inclusive of all applicable taxes.

3.2 Products in your shopping cart on Agrajain Platform will reflect the most recent price as displayed on the Product’s information webpage on Agrajain Platform. Please note that this price may differ from the price shown for the Product when you first placed it in your shopping cart. Placing a Product in your shopping cart does not reserve the price shown at that time. It is also possible that a Product’s price may decrease between the time you place it in your shopping cart and the time you place the order.

4. LICENSES

You acknowledge that there may be licenses/permissions required under the applicable laws to use, purchase, or otherwise possess certain Product(s). You will be solely responsible for obtaining such licenses/permissions and complying with the terms of such licenses/permissions.

5. TAXES

You shall be responsible for payment of all fees/costs/charges associated with the purchase of Products from us, and you agree to bear any and all applicable taxes.

6. ELIGIBILITY

Only persons who can enter into legally binding contracts as per Indian Contract Act, 1872, i.e., persons who are 18 (Eighteen) years of age or older, are of sound mind, and are not disqualified from entering into contracts by any law, can use Agrajain Platform and place an order with us. If you are a minor, i.e., under the age of 18 (Eighteen) years, you may purchase the Product on Agrajain Platform only with the involvement of a parent or guardian.

7. LIMITATION OF LIABILITY

In no event shall our aggregate liability, if any, that is proven and ordered by a court of competent jurisdiction pursuant to a claim by you or a person acting on your behalf, extend beyond the money charged from you for purchases made pursuant to an order under which such liability has arisen and been established. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill, or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when a contract for the sale of Product by us to you was formed.

8. AMENDMENTS

We reserve the right to make changes to our policies, and these Terms of Sale at any time. You will be subject to the policies and Terms of Sale in force at the time you order Product from us unless any change to those policies or these Terms of Sale is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

9. FORCE MAJEURE

We will not be held responsible for any delay or failure to comply with our obligations if the delay or failure arises from any cause beyond our reasonable control.

10. WAIVER

No provision in these Terms of Sale will be deemed waived, and no breach excused unless such waiver or consent is in writing and signed by us. Our consent to, or waiver of your breach, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

11. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms of Sale, all transactions consummated between you and us, and our relationship with you are governed by the laws of India, without reference to any conflict of laws principles and with exclusive jurisdiction to the courts of Mumbai.

12. MISCELLANEOUS

12.1 In addition to these Terms of Sale, you will also ensure that you are in compliance with the terms and conditions of third parties, such as bank offers terms and conditions, brand promotional offers, whose links, if any, are contained/embedded in the Terms of Use.

12.2 These Terms of Sale supersede all previous oral and written terms and conditions (if any) communicated to you by us, for the purchase of Product.

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