Terms & Conditions of Use

TERMS & CONDITIONS OF USE

Table of contents

Use Of Platform
Privacy Practices
Your Account
Role Of Arnavit Agro
Recommendation Of The Product & Services
Pricing Information
Fees And Taxes
Promo Codes/ Offers
Cancellations, Refunds And Returns
Mode Of Payment
Chat Functionality
User Content
Intellectual Property Rights
Limited License
Representations And Warranties
Disclaimer Of Warranty And Limitations Of Liability
Links And Third-party Platforms
Termination
Indemnity
Force Majeure
Governing Law And Jurisdiction
Platform Security
Entire Agreement

1. USE OF PLATFORM

This document is an electronic record in terms of the Information Technology Act, 2000 (“IT Act, 2000”), the applicable rules thereunder and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

The domain name www.arnavitagro.com, including the related website, mobile site and mobile application ( hereinafter referred to as “Platform”) is owned and operated by Arnavit Agro Pvt. Ltd. (“Arnavit Agro”/ “we” ), a company incorporated under the provisions of the Companies Act, 2013 with its registered office at 207, Ashwamegh Avenue, Mayur Colony near Mithakhali underbridge, Navrangpura Ahmedabad GJ-380009 IN. You may be accessing our Platform from a computer or mobile phone device (through an iOS or Android application, for example) and these Terms & Conditions of Use govern your use of our Platform and your conduct, regardless of the means of access. Your use of the services and features of the Platform shall be governed by these Terms and Conditions (hereinafter “Terms & Conditions of Use”) along with the Privacy Policy, and Cancellation, Refund and Return Policy (together “Policies”) as modified and amended from time to time. By merely accessing or using the Platform, you are acknowledging, without limitation or qualification, to be bound by these Terms and Conditions of Use and the policies, whether you have read the same or not.

ACCESSING, BROWSING OR OTHERWISE USING THE PLATFORM INDICATES YOUR UNCONDITIONAL AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING. If you do not agree to any of the terms enumerated in the Terms & Conditions of Use or the Policies, please do not use the Platform. You are responsible to ensure that your access to this Platform and material available on or through it are legal in each jurisdiction, in or through which you access or view the platform or such material. Arnavit Agro reserves the unilateral right to change the particulars contained in the Terms & Conditions of Use or the Policies from time to time and at any time, without notice to its users and in its sole discretion. If Arnavit Agro decides to change the Terms & Conditions of Use or Policies, Arnavit Agro will post the new version of the Terms & Conditions of Use or the Policies on the Platform and update the date specified above. Any change or modification to the Terms & Conditions of Use and the Policies will be effective immediately from the date of such upload of the Terms & Conditions of Use and Policies on the Platform. Your continued use of the Platform following the modifications to the Terms & Conditions of Use and Policies constitutes your acceptance of the modified Terms & Conditions of Use and Policies whether or not you have read them. For this reason, you should frequently review these Terms & Conditions of Use, our Guidelines and Rules and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Platform.

2. PRIVACY PRACTICES

We understand the importance of safeguarding your personal information and we have formulated a Privacy Policy, to ensure that your personal information is sufficiently protected. Apart from these Terms & Conditions of Use, the Privacy Policy shall also govern your visit and use of the Platform. Your continued use of the Platform implies that you have read and accepted the Privacy Policy and agree to be bound by its terms and conditions. You consent to the use of personal information by Arnavit Agro under the terms of and purposes outlined in the Privacy Policy, the same may be subject to amendment from time to time at the sole discretion of Arnavit Agro.

3. YOUR ACCOUNT

This Platform is directed to be used by adults only. We assume that any minor, if at all, accessing our Platform is under the supervision of their guardians. Arnavit Agro does not knowingly collect information from minors. You will be responsible for maintaining confidentiality of your account, and password, and restricting access to your computer, and you hereby accept responsibility for all activities that occur under your account and password. You acknowledge that the information you provide, in any manner whatsoever, is not confidential or proprietary and does not infringe any rights of a third party in whatsoever nature.

If you are accessing, browsing and using the Platform on someone else’s behalf; you represent that you have the authority to bind that person to all the terms and conditions herein. If the person refuses to be bound as the principal to the Terms & Conditions of Use, you agree to accept liability for any harm caused by any wrongful use of the Platform resulting from such access or use of the Platform in whatsoever nature.

If you know or have reasons to believe that the security of your account has been breached, you should write us immediately at info@arnavitagro.com. If we have found a breach or suspected breach of the security of your account, we may require you to change your password, temporarily or permanently block or suspend your account without any liability to Arnavit Agro.

We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms & Conditions of Use are violated or if we decide, in our sole discretion, that it would be in Arnavit Agro’s best interests to do so. You are solely responsible for all contents that you upload, post, email or otherwise transmit via the Platform. The information provided to us shall be maintained by us in accordance with our Privacy Policy.

4. ROLE OF ARNAVIT AGRO

You agree, understand and acknowledge that Arnavit Agro provides an online marketplace that enables You to purchase products listed on the Platform at the price indicated therein at any time from any location from the registered sellers, suppliers, dealers, and distributors. You further agree and acknowledge that Arnavit Agro is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the Platform. Accordingly, the contract of sale of products on the Platform shall be a strictly bipartite contract between You and the sellers, dealers, distributors, suppliers etc.

The role of Arnavit Agro is limited to managing the online Platform, associated marketing, order management, enquiry management and other incidental services to enable the transactions between suppliers, dealers, distributors and You.

Any issues or concerns faced by You with respect to purchased products shall be the sole responsibility of the Seller. Arnavit Agro will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence on the part of any Seller.

Unless Arnavit Agro explicitly acts as a reseller/ seller in limited scenarios, Arnavit Agro assumes provides no guarantee concerning their quality or fitness as represented, or the availability of the products.

By purchasing any product through the Platform, You understand that Arnavit Agro merely acts to provide a technology platform for the booking of products and ultimate liability rests on the respective Seller and not on Arnavit Agro. Thus, the ultimate contract of purchase is between you and the respective Seller, dealer, and distributor.

You further understand that information furnished on the Platform with respect to any product is displayed as furnished by the Seller. Arnavit Agro, therefore cannot be held liable in case information provided by the Seller is found to be inaccurate, inadequate or obsolete or in contravention of any laws, rules, or regulations in force.

Arnavit Agro does not make any representation or warranty as to specifics (such as quality, value, saleability, etc) of the products being proposed to be sold or purchased on the Platform. Arnavit Agro does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Platform.

Arnavit Agro is not responsible for any non-performance or breach of any contract entered into between You and the sellers. Arnavit Agro cannot and does not guarantee that the concerned buyers and/or Sellers will perform any transaction concluded on the Platform. Arnait Agro shall not and is not required to mediate or resolve any dispute or disagreement between buyers and sellers.

5. RECOMMENDATION OF THE PRODUCT & SERVICES

Any recommendation made to you in the Platform during the course of your use of the Platform is purely for informational purposes and for your convenience and does not amount to an endorsement of the product or services by Arnavit Agro in any manner.

6. PRICING INFORMATION

You can refer to the product detail page on the Platform for checking any product details provided by the seller regarding the following:

the total price in a single figure of any product or service, along with the breakup price for the product or service, showing all the compulsory and voluntary charges such as delivery charges, postage and handling charges, conveyance charges and the applicable tax, as applicable. These details are available on the invoice issued to You by the seller;
mandatory notices and information provided by applicable laws, and the expiry date of the goods being offered for sale, where applicable;
goods and services offered for sale by the seller including country of origin which are necessary for enabling the consumer to make an informed decision at the pre-purchase stage;
the guarantees related to the authenticity or genuineness of the products; and
guarantees or warranties applicable to such goods or services.

7. FEES AND TAXES

In addition to the cost of the products as charged by the Seller, Arnavit Agro reserves the right to charge certain fees in the nature of convivence fees or service fees. Further, when you make a purchase through the Platform, the payment is directly collected by the respective Seller, dealer, distributor, supplier etc. You shall be completely liable for all charges, fees, duties, and taxes. You agree and understand that all payments shall only be made to the bank account of Seller. Arnavit Agro or its agent, representatives or employees never ask a customer to transfer any money to any private account.

You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the seller(s) that You transact with.

Disclaimer: Pricing on any product(s) as is reflected on the Platform may be due to some technical issue, typographical error or product information published by the seller may be incorrectly reflected and in such an event seller may cancel your order(s).

8. PROMO CODES/ OFFERS

You may use/apply/redeem the promo code/gift code/vouchers as available with You and/or applicable to Your order, by adding the specific details of the promo code/gift code/voucher details on the Platform during the checkout process. Promo codes/gift codes/vouchers are case-sensitive and should be entered exactly as they appear. You can only use one promo code per order. The terms and conditions applicable to each offer/promo code/gift code/voucher may differ. The terms and conditions applicable to promo codes shall be decided by Arnavit Agro and may be revised by Arnavit Agro at any time in its sole discretion. When a promo code/gift code/voucher is accepted, the details of the offer applied, and the discount provided will be displayed in the summary of Your order. A promo code will be rejected if the same has expired or if the applicable terms of the promo code are not met.

9. CANCELLATIONS, REFUNDS AND RETURNS

Please refer to our Cancellation, Refunds and Returns Policy provided on our Platform.

10. MODE OF PAYMENT

Payments for the products available on the Platform may be made in the following ways:

Payments can be made by Credit Cards, Debit Cards, Net Banking, Wallets, e-Gift cards, and reward points.
Credit card, Debit Card and Net Banking payment options are instant payment options and are recommended to ensure faster processing of your order.
Arnavit Agro reserves the right to disable the Cash on Delivery option if, in the sole opinion of Arnavit Agro, any anomalies are observed.

You undertake and confirm that You shall furnish at Your own risk correct, complete and accurate details of credit/debit and/or any other payment cards, and net banking accounts and shall be solely responsible for any cost, expense, loss and/or damage which may be suffered by You due to furnishing of wrong details/information relating to Your credit/debit and/or any other payment cards or net banking accounts or any other mode of payment. In the event of any data theft, Arnavit Agro shall not be liable for the same. All transactions through the above modes of payment are subject to validation checks and authorization as prescribed by the respective entities issuing the cards, wallets, etc. If the issuer of Your payment mode refuses or does not, for any reason, authorize payment to Seller, whether in advance or subsequent to a payment, Arnavit Agro and/ or Seller will not be liable for any delay or non-delivery.

Your payment card will be charged the applicable purchase price at the time You place Your order. By placing Your order on the Platform, You expressly authorize, to the extent permitted under applicable laws, to transmit or for Arnavit Agro to obtain information (including any updated information) about You to or from third parties, including but not limited to Your payment account details, to authenticate Your identity, to validate Your payment account, to obtain a payment authorization and to authorize individual purchase transactions at the Platform. However, We will not retain any such information.

If any bank charges, facilitation charges, or convenience charges are levied by the respective entities issuing the payment modes/providing the payment gateway services/providing the payment services/facility, the same shall be solely to Your account and Arnavit Agro will not be liable to make payment of the same.

You expressly agree and declare that Arnavit Agro shall not be liable for the loss of any nature whatsoever including without limitation indirect, consequential, special and/or incidental damages to You arising, directly or indirectly, due to the decline of authorization for any financial transaction undertaken by You through the Platform.

Arnavit Agro confirms that the details provided by You in this regard shall be kept confidential and shall not be disclosed to any third party except to the extent required under the rules of any stock exchange and/or by applicable laws, regulations and/or processes of any government authority and/or in connection with any judicial process regarding any legal action, suit and/or proceedings. In the event of any data theft, Arnavit Agro shall not be liable for the same.

11. CHAT FUNCTIONALITY

Chat Functionality has been provided to help you with all Platform-related queries. Any use of this service shall be subject to the following conditions:

Arnavit Agro may suspend the chat service at any time without notice.

Arnavit Agro or its executives are not responsible for any delay caused in attending to or replying to the queries via chat.

Communication through chat may be stored by Arnavit Agro for future reference, and the user of such service will not have the right to access such information at any future date.

While ‘chatting’ you may not communicate any objectionable information i.e. unlawful, threatening, abusive, defamatory, obscene information.

The chat room shall not be used to sell any products, to give suggestions on business opportunities or any other form of solicitation.

You may proceed further and chat with our online customer care executive only if you agree to the above terms and conditions.

12. USER CONTENT

The information, photo, image, chat communication, text, software, data, music, sound, graphics, messages, videos or other materials transmitted, uploaded, posted, emailed or otherwise made available to us (” User Content “), are entirely your responsibility and we will not be held responsible, in any manner whatsoever, in connection to the User Content. You agree to not encourage or assist or engage others as well as yourself in transmitting, hosting, displaying, uploading, modifying, publishing transmitting, updating or sharing any information that

belongs to another person and to which the user does not have any right;
is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, trolling, propaganda or otherwise unlawful in any manner whatever;
harm minors in any way;
infringes any patent, trademark, copyright or other proprietary rights;
violates any law for the time being in force;
deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
impersonate another person;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
threatens the unity, integrity, defence, 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. Arnavit Agro shall in no way be held responsible for examining or evaluating User Content, nor does it assume any responsibility or liability for the User Content. Arnavit Agro does not endorse or control the User Content transmitted or posted on the Platform by you and therefore, accuracy, integrity or quality of User Content is not guaranteed by Arnavit Agro. You understand that by using the Platform, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will Arnavit Agro be liable in any way for any User Content, including without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Platform. You hereby waive all rights to any claims against Arnavit Agro for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with User Content.

You hereby acknowledge that Arnavit Agro has the right (but not the obligation) in its sole discretion to refuse to post or remove any User Content and further reserves the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions of use, Arnavit Agro has the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and further reserves the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.

If you wish to delete your User Content on our Platform or in connection with our mobile applications, please contact us by email at info@arnavitagro.com and request you to include the following personal information in your deletion request: first name, last name, user name/screen name (if applicable), the email address associated with our Platform and/or mobile applications, your reason for deleting the posting, and date(s) of posting(s) you wish to delete (if you have it). We may not be able to process your deletion request if you are unable to provide such information to us. Please allow up to 30 business days to process your deletion request.

13. INTELLECTUAL PROPERTY RIGHTS

The “Arnavit Agro” name and logo and all related product and service names, design marks and slogans are the trademarks, logos or service marks (hereinafter referred to as “Marks”) of Arnavit Agro. All other Marks provided on the Platform are the property of their respective sellers. No trademark or service mark license is granted in connection with the materials contained on this Platform. Access to this Platform does not authorize anyone to use any Marks in any manner. Marks displayed on this Platform, whether registered or unregistered, of Arnavit Agro or others, are the intellectual property of their respective owners, and Arnavit Agro shall not be held liable in any manner whatsoever for any unlawful, unauthorized use of the Marks.

Arnavit Agro and its sellers, dealers, and distributors expressly and exclusively reserve all the intellectual property rights in all text, programs, products, processes, technology, content, software and other materials, which appear on this Platform, including its looks and feel. The compilation (meaning the collection, arrangement and assembly ) of the content on the Platform is the exclusive property of Arnavit Agro and is protected by Indian copyright laws and International treaties. Consequently, the materials on this Platform shall not be copied, reproduced, duplicated, republished, downloaded, posted, transmitted, distributed or modified in whole or in part or any other form whatsoever, except for your personal, non-commercial use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying, reproducing, duplicating, republishing, posting, transmitting, distributing or modifying.

All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips, downloads, video clips and written and other materials that are part of this Platform (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Platform for your personal use only. We also grant you a limited, revocable, non-transferable, and non-exclusive license to create a hyperlink to the home page of the Platform for personal, non-commercial use only. The Contents and software on this Platform are to be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Platform is strictly prohibited. Unless Arnavit Agro explicitly provides to the contrary, all Contents are copyrighted, trademarked, trade dressed and/or other intellectual property owned, controlled or licensed by Arnavit Agro, any of its affiliates or by third parties who have licensed their materials to Arnavit Agro and are protected by Indian copyright laws and international treaties.

14. LIMITED LICENSE

Arnavit Agro grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Platform. All rights not expressly granted to you in these Terms of Use are reserved and retained by the Platform and its affiliates.

Arnavit Agro reserves the right, at any time, without notice, and at its sole discretion, to terminate your license to use the Platform and to block and prevent your future access to the Platform.

15. REPRESENTATIONS AND WARRANTIES

This Platform is provided to you “AS IS”. We make no representations regarding the use of or the result of the use/depiction of the Contents on the Platform in terms of their correctness, accuracy, reliability, or otherwise. Arnavit Agro shall not be liable for any loss suffered in any manner by the user as a result of depending directly or indirectly on the depiction of the Content on this Platform.

You acknowledge that this Platform is provided only on the basis set out in the Terms of Use. Your uninterrupted access or use of this Platform on this basis may be prevented by certain factors outside our reasonable control including, without limitation, the unavailability, inoperability or interruption of the internet or other telecommunications services or as a result of any maintenance or other service work carried out on this Platform.

Arnavit Agro shall have the right, at any time, to change or discontinue any aspect or feature of the Platform, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, the Platform may discontinue disseminating any portion of information or category of information. Arnavit Agro does not accept any responsibility and will not be liable for any loss or damage whatsoever arising out of or in connection with any ability/inability to access or use the Platform.

Arnavit Agro through the Platform intends to provide its users with general information about agriculture topics and products. The Platform encourages its users to interact with Arnavit Agro and its employees by asking questions that enables the user to obtain information of a general nature pertaining to agriculture. The postings on the Platform or on social networking sites, including the Platform’s Facebook page, or any information provided over chat or e-mails exchanged with Arnavit Agro, its employees or representatives (collectively referred to as ” Information “) which is in furtherance of any communication made by the user with Arnavit Agro, its employees or representatives is based on the background provided by the user. The Information is not intended to constitute a personal medical suggestion or be used for any medical diagnosis or treatment. While Arnavit Agro takes reasonable care to ensure that the Information is accurate, Arnavit Agro makes no representation and takes no responsibility for the accuracy, completeness, appropriateness or usefulness of the Information. For any specific medical conditions or issues, users are advised to seek an opinion from a certified medical practitioner. In the event any user relies on the Information provided by Arnavit Agro or its representatives/ employees, he/she may do so at its own risk. Under no circumstances will Arnavit Agro, its employees, representative or affiliates be liable for the Information or the consequences of relying on such Information.

For any general information posted on the Platform, users must not infer or assume that such information necessarily applies to them.

16. DISCLAIMER OF WARRANTY AND LIMITATIONS OF LIABILITY

THE SITE IS PRESENTED “AS IS.” NEITHER WE NOR OUR HOLDING, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE OR ANY OF THE CONTENT, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.

YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR HOLDING, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) UNDER ANY CIRCUMSTANCES FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (e) VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (f) ANY INACCURACIES OR OMISSIONS IN CONTENT; OR (g) EVENTS BEYOND THE REASONABLE CONTROL OF ARNAVIT AGRO. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED.

FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER WE NOR OUR SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE OR YOUR USE THEREOF REGARDLESS OF THE FORM OF ACTION WHETHER, IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED.

YOU AGREE THAT NO CLAIMS OR ACTION ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU HAVE A DISPUTE WITH US OR ARE DISSATISFIED WITH THE SITE, TERMINATION OF YOUR USE OF THE SITE IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.

We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on the Platform. While we have taken precautions to avoid inaccuracies in content, this website, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind. We do not implicitly or explicitly support or endorse the sale or purchase of any products on the Platform. At no time shall any right, title or interest in the products sold through or displayed on the Platform vest with Arnavit Agro nor shall Arnavit Agro have any obligations or liabilities in respect of any transactions on the Platform.

This disclaimer constitutes an essential part of this Terms and Conditions of Use.

17. LINKS AND THIRD-PARTY PLATFORMS

References on the Platform to any names, marks, products or services of third parties or hypertext links to third-party sites or information are provided solely as a convenience to you. This does not in any way constitute or imply Arnavit Agro’s endorsement, sponsorship or recommendation of the third party, information, product or service or any association and relationship between Arnavit Agro and those third parties.

Arnavit Agro is not responsible for the content of any third-party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third-party websites, you do so entirely at your own risk. Arnavit Agro does not assume any responsibility for examining or evaluating the offerings of the off-website pages or any other websites linked from the Platform. We shall not be responsible for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit via the Platform.

18. TERMINATION

These Terms of Use are effective unless and until terminated by either you or Arnavit Agro.

You may terminate the Terms of Use at any time, provided that you discontinue any further use of this Platform. Arnavit Agro may terminate the Terms of Use at any time and may do so without notice, and accordingly deny you access to the Platform, such termination will be without any liability to the Platform.

Upon any termination of the Terms of Use by either you or Arnavit Agro, you must promptly destroy all materials downloaded or otherwise obtained from this Platform, as well as all copies of such materials, whether made under the Terms of Use or otherwise. Any such termination of the Terms of Use shall not cancel your obligation to pay for the product already ordered from the Platform or affect any liability that may have arisen under the Terms of Use.

19. INDEMNITY

You agree to defend, indemnify and hold harmless Arnavit Agro, its employees, directors, officers, agents and their successors and assigns, its holding, subsidiaries, affiliates, partners, or licensors from and against all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to Arnavit Agro or any third party including but not limited to a breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under the Terms of Use, or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, a claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights.

You hereby expressly release Arnavit Agro and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the sellers/ dealers/ distributors and specifically waive any claims or demands that you may have in this behalf under any statute, contract or otherwise.

This clause shall survive the expiry or termination of the Terms of Use.

20. FORCE MAJEURE

You understand and agree that Arnavit Agro and/ or the seller will not be held responsible for any delay or failure to comply with obligations if such delay or failure arises from any cause, events or circumstances which is beyond the reasonable control including but not limited to acts of God, war, riots, civil disturbances, cyclones, hurricanes, floods, earthquakes, storms and other natural calamities, epidemics, pandemics, plagues, terrorist attacks, accidents, trade restrictions, acts of any government authority leading to a delay in adhering to the timelines of delivery, strikes, labour, employee difficulties and other events or circumstances that are beyond the reasonable control of Arnavit Agro and/ or Seller.

21. GOVERNING LAW AND JURISDICTION

The Terms of Use and the Policies shall be construed in accordance with the applicable laws of India. For proceedings arising therein the Courts at Ahmedabad shall have exclusive jurisdiction.

Any dispute or difference either in interpretation or otherwise, of the Terms and Conditions of Use and other Policies on the Platform, between the parties hereto, shall be referred to an independent arbitrator who will be appointed by mutually and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The seat and venue of arbitration shall be held Ahmedabad.

22. PLATFORM SECURITY

You are prohibited from violating or attempting to violate the security of the Platform, including, without limitation,

accessing data not intended for you or logging onto a server or an account which you are not authorized to access;
attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Platform, overloading, “flooding,” “spamming,” “mail bombing” or “crashing;”
sending unsolicited emails, including promotions and/or advertising of products or services; or
forging any header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability Arnavit Agro is entitled to investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Platform or any activity being conducted on this Platform. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Platform other than the search engine and search agents available from Arnavit Agro on this Platform and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).

23. ENTIRE AGREEMENT

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue to be in effect. Unless otherwise specified herein, these Terms of Use constitute the entire agreement between you and Arnavit Agro with respect to the Platform/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written.

Arnavit Agro’s failure to act with respect to a breach by you or others does not waive its right to act with respect to the breach or subsequent and similar breaches.

GENERAL

You acknowledge and hereby agree to these Terms and Conditions of Use and that they constitute the complete and exclusive agreement between us concerning your use of the Platform, and supersede and govern all prior proposals, agreements, or other communications.

We reserve the right, in our sole discretion, to change/ alter/ modify these Terms and Conditions of Use at any time by posting the changes on the Platform. Any changes are effective immediately upon posting to the Platform. Your continued use of the Platform thereafter constitutes your agreement to all such changed Terms and Conditions of use. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Platform.

Nothing contained in these Terms and Conditions of use shall be construed as creating any agency, partnership, affiliation, joint venture or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. If any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision. The headings in the Terms and Conditions are for convenience only and shall not be used in its interpretation.

If you have any questions regarding these Terms and Conditions, please email us at info@arnavitagro.com