Bharat Agrolink Terms & Conditions

Bharatagrolink -Terms of Use 

 

Please read the following terms and conditions very carefully, as your use of the Platform is subject to your acceptance of and compliance with the following terms and conditions ("Terms of Use/Terms").

By using the Platform or any of our services, you agree that you have read, understood, and are bound by the Terms, regardless of how you use the Platform. If you do not want to be bound by the Terms, you must not use The Platform or any of 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", “Buyers” shall mean the end user accessing the Platform, its contents and using the Services offered through the Platform, "Seller" mean independent third party seller, and “Company”, "we", "us" and "our" shall mean Agrolink Manufacturing Private Limited and its affiliates.

1. Introduction:
2. a) The mobile application, “BharatAgrolink”, and the website at bharatagrolink.com ("Platform") is an online marketplace where registered Sellers can offer to sell their products to registered buyers/Users of the Platform.

 

1. b) Use of the Platform 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 Platform from time to time. The Company, at its sole discretion, reserves the right not to accept a User from registering on the Platform without assigning any reason thereof.

 

2. User Eligibility:

User(s) represent and warrant that they have the right to access or use the Platform. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act 1872, including minors, undischarged insolvents etc., are not eligible to access and use the Platform.

The Platform can be accessed and used by those individuals or business entities, including sole proprietorship firms, companies, and partnerships, which can form legally binding contracts under the Indian Contract Act, 1872. Only individuals who are eighteen (18) years of age or older may use the Application/Platform and avail Services. The Company reserves the right to terminate/suspend the User's account and/or deny access to the Platform if it is brought to the Company’s notice or if it is discovered that the User does not meet the conditions mentioned herein.

3. User Account, Password, and Security:

You are responsible for maintaining the confidentiality of your login credentials and are fully responsible for all activities that occur under your account. You agree to (a) immediately notify the Company of any unauthorized use of your account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. The Company may suspend accounts for misuse or fraud.

Your mobile phone number and/or e-mail address is treated as Your primary identifier on the Platform. It is your responsibility to ensure that your mobile phone number and your email address is up to date on the Platform at all times. You agree to notify us promptly if your mobile phone number or e-mail address changes by updating the same on the Platform.

You agree that the Company shall not be liable or responsible for the activities or consequences of use or misuse of any information that occurs under your account in cases, including, where you have failed to update your revised mobile phone number and/or e-mail address on the Platform.

4. Platform for Transaction and Communication:

The Platform is a neutral marketplace. The Company provides a platform to enable Users to purchase products such as agri inputs including seeds, crop protection products, crop nutrient products, pesticides, fertilizers, and various agri hardwares or accessories from various supplier brands and sellers (collectively, "Products"). The Company also offers knowledge-based content and agri-consultancy services for farmers to support informed agricultural decision-making.

The Platform is a platform that users utilise to independently meet and interact with one another for their transactions. The Company is not and cannot be a party to any transaction or dispute between users on the Platform.

The Platform allows Buyers to place orders for the products sold by various Sellers, and the Company will, subject to the terms and conditions set out herein, facilitate the placement of orders for the products to the Users. The Company does not own or sell or resell Products on its own and/or does not control the Sellers. The Company reserves the right to delist any Product from the Platform.

The Buyer understands that any order that they place shall be subject to the terms and conditions set out in these Terms, and any terms and conditions imposed by the Sellers concerned.

On receipt of an order from a Buyer, the Company shall send electronically a confirmation of such order to the Seller and the Buyer concerned. Further, the Company may inform the Users about the availability or unavailability or change in price of the order as informed by the Seller concerned. Confirmation of the order shall be treated as final.

All commercial/contractual terms are offered by and agreed to between Sellers and the Buyer alone. The commercial/contractual terms include without limitation, price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products, etc. The Company does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Sellers and the Users. All discounts and offers are by the Sellers and not by the Company.

The Buyer acknowledges and agrees that the Company may, at the request of the Seller, act as the payment agent for the limited purpose of accepting payments from them on behalf of the Seller. Upon payment of the amounts to the Company, which are due to the Seller, the payment obligation to the Seller for such amounts is completed, and the Company will be responsible for remitting such amounts to the Seller. The Buyer understands, accepts, and agrees that the payment facility provided by the Company is neither a banking nor financial service but is merely a facilitator providing a third-party payment processor for the transactions on the Platform. Further, by providing a payment facility, the Company is neither acting as a trustee nor acting in a fiduciary capacity with respect to the transaction or the transaction price. The Company will not be liable for any charges made by the Buyer's bank in relation to payment of the total amount.

The Users agree to provide current, complete and accurate purchase and account information for all purchases made on the Platform. The Company agrees to promptly update the User's account and other information, including email addresses and credit card numbers, and expiration dates, so that the Company can complete the transactions.

In connection with any order, information such as name, billing address, and credit card information will have to be provided either to the Company or the third-party payment processor. If the Users are directed to the third-party payment processor, they may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Users are requested to review such terms and conditions and the privacy policy before using the Platform.

The Company merely collects the payment on behalf of the Seller. All applicable taxes and levies, the rates thereof, and the manner of applicability of such taxes on the documents are being charged and determined by the Seller. The Company holds no responsibility for the legal correctness/validity of the levy of such taxes. The sole liability with respect to any legal issue arising on the taxes payable shall be with the Seller.

The transaction is bilateral between the Sellers and the Buyer and, the Company is not liable to charge or deposit any taxes applicable on such transaction.

The Company reserves the right to cancel your order, in whole or in part, for reasons including product unavailability, unforeseen circumstances beyond our control (force majeure), suspected fraudulent activity, violation of our Terms of Use, or logistical constraints. In all such cases, the Company / concerned Seller shall refund for the prepaid orders if any, as per the terms and conditions as mentioned in our Returns and Refund policies. The Company accepts no liability for any errors or omissions, whether on behalf of itself or Seller, or any third parties.

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

The Company does not at any point of time during any transaction between Buyer and Seller on the Platform come into or take possession of any of the products or services offered by Seller nor does it at any point gain title to or have any rights or claims over the products or services offered by Seller to Buyer.

At no time shall The Company hold any right, title or interest over the Products nor shall the Company have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. The Company is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or backordered.

The Platform is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. The Company is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer.

Sellers are solely responsible for compliance with the Seeds Act, Insecticides Act, and FCO. The Company disclaims any responsibility for Product quality, authenticity, efficacy, and performance. Buyers must conduct their due diligence before buying.

5. Privacy Policy:

The User hereby consents, expresses, and agrees that he has read and fully understands the Privacy Policy of the Company. The user further consents that the terms and contents of such Privacy Policy are acceptable to him.

6. Trademark, Copyright, and Restriction:

This Platform is controlled and operated by the Company and Products are listed and sold by respective Sellers. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Platform is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other Platform or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

7. User Conduct and Rules:

You agree and undertake to use the Platform 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 Platform, you will not:

(a) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;

(b) misuse the Platform or use for any unlawful purposes; 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 Platform 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 Platform contained elsewhere.

8. Communication:

By registering your phone number with us, you consent to be contacted by us via phone calls and/or SMS notifications for transactional or promotional activities.

9. User Warranty and Representation:

The User guarantees, warrants, and certifies that you are the owner of the content which you submit or otherwise authorised 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 Platform provided by the Company.

9. Disclaimer:

Your access to and use of the Platform are at your own risk. You understand and agree that the Platform is provided to you on an "AS IS" or "AS AVAILABLE" basis. The Company makes no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security, security and non-compatibility or reliability of any content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of any content; (iii) the deletion of, or the failure to store or to transmit, any content and other communications maintained by the Platform; and (iv) whether the Product  or services will meet your requirements or be fit of use, merchantable, or accurate, complete, or authentic, or error-free basis. No advice or information, whether oral or written, obtained through the content, will create any warranty or representation not expressly made herein or therein.

Pricing on any product(s) as is reflected on the Platform may 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 such your order(s).

You release and indemnify the Company and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Platform and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, the Company cannot take responsibility or control the information provided by other Users which is made available on the Platform. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Platform.

11. Links To Third-Party Sites:

The Platform may contain links to other third-party websites ("Linked Sites"). The Linked Sites are not under the control of the Company or the Platform, and the Company 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. The Company is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company or the Platform of the Linked Sites or any association with its operators or owner,s 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.

12. Limitation Of Liability:

Use of the Platform is at your sole risk and consequence. In no event shall the Company 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 Platform or Products including Product quality/complaince issues, any crop loss or damage caused to field/crop, or delays of whatseover nature; (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 Platform. Neither shall the Company be responsible for the delay on behalf of Sellers or inability to use the Platform or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, the Company shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond Company's control. The User understands and agrees that any material and/or data downloaded or otherwise obtained through the Platform 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.

13. Indemnification:

You shall defend, indemnify and hold harmless the Company its owners, affiliates, subsidiaries, group companies, partners (as applicable), and their respective officers, directors, agents, and employees (" Indemnified Parties"), from and against any claim, demand, damages, obligations, penalty, losses or actions (including reasonable attorneys' fees) made by any third party against the Indemnified Parties or imposed against the Indemnified Parties, due to or arising out of your or your affiliate's or relative's: (a) breach of these Terms, the Privacy Policy and/or any other policies; or (b) violation of any applicable law, rules, regulations; or (c) violation of the rights (including infringement of intellectual property rights) of a third party or the Company; or (d) unauthorized, improper, illegal or wrongful use of Platform or your account (including by you or by any person, including a third party, whether or not authorized or permitted by you). This indemnification obligation will survive the expiry or termination of these Terms and/or your use of the Platform.

14. Pricing:

Prices for Products are described on our Platform. All prices are in Indian rupees. Products and their prices are listed/set by Sellers who may change them.

15. Shipping:

The Seller shall be required to dispatch the products and / or services for every transaction to the Buyer. Further, Sellers will solely be responsible for undertaking transit insurance for products sold by the Seller on the Platform. For avoidance of doubt, the Company will not be responsible for undertaking any insurance(s) for products sold by Sellers on the Platform. Title and risk of loss for all products ordered by you shall pass on to you upon the Company's shipment to the shipping carrier. Rules on COD vary based on transaction value, products, shipping location, and other relevant parameters. The Company shall retain the right to offer/deny COD for specific cases. The Company shall not be held liable for any delay, damage, or failure in delivery of Products caused by any act or omission of logistics partners, including but not limited to delays due to operational issues, weather conditions, regulatory hold-ups, strikes, or unforeseen events. All risk in relation to transit and delivery rests solely with the Seller and/or the logistics partner, as applicable.

16. Termination:
17. a) The Company may suspend or terminate your use of the Platform 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.
18. b) Notwithstanding Section above, these Terms will survive indefinitely unless and until the Company chooses to terminate them.
19. c) If you or the Company terminates your use of the Platform or any Service, the Company may delete any content or other materials relating to your use of the Platform and the Company will have no liability to you or any third party for doing so.
20. 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.
21. Force Majeure:

The Company and/or Seller shall not be liable for any damages whatsoever arising out of force majeure or other similar circumstances, directly or indirectly affecting the Company and/or the Platform. Examples of force majeure events include without limitation real or potential labour disputes, governmental actions, war or threat of war, sabotage, civil unrest, demonstrations, fire, storm, flooding, explosion, earthquake, provisions or limitations of materials or resources, inability to obtain the relevant authorization, accident, and defect in electricity or telecommunication network. Force majeure or other events beyond the Company’s control. Hindrance, delay or complication in the maintenance of the Platform entitles the Company to suspend or limit the Platform until further notice.

18. Governing Law:

These terms shall be governed by and construed 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 Bhopal, Madhya Pradesh.

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 Platform. 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 it to grievance@bharatagrolink.com.

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21. Contact Information

Questions about the Terms should be sent to us at grievance@bharatagrolink.com.

22. Notices

All notices or demands to or upon the Company shall in writing and shall be deemed to be duly made when sent to Flat 101, E7/87 Green Park Apartment, Arera Colony, Bhopal, M.P., 462016.

All notices or demands to or upon a User(s) shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User(s) on the Platform, or by posting such notice or demand on an area of the Platform that is publicly accessible.

Notice to a User(s) shall be deemed to be received by such User(s) if and when the Platform is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User(s), or immediately upon Platform’s posting such notice on an area of the Platform that is publicly accessible.