Platform for Transaction and Communication
- User agrees, understands and acknowledges that the Platform enables User to purchase Products listed on the Platform at the price indicated therein at any time from any location in the Territory
- Except to the extent SHRIRAM SEEDS PRIVATE LIMITED is providing Products on the Platform in its own name, User agrees and acknowledges that SHRIRAM SEEDS PRIVATE LIMITED is providing the Platform for communication and is not and cannot be a party to or control in any manner any transaction on the Platform.
- User is required and requested to refer the relevant policies such as Return Policy, Refund Policy, Cancellation Policy, etc., as amended from time to time, which are made available on the Platform
Users conduct and rules on the Platform
User agrees, undertakes, and confirms that User’s use of the Platform shall be strictly governed by the binding principles stated hereunder.
- User shall not host, display, upload, modify, publish, transmit, update, or share any information which:
- Belongs to another person and to which User does not have any right to
- Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever
- Involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
- Infringes any patent, trademark, copyright, or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products
- Violates any law for the time being in force;
- 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 offense or prevents investigation of any offense or is insulting any other nation;
- Is false, inaccurate or misleading;
- Creates liability for SHRIRAM SEEDS PRIVATE LIMITED or cause SHRIRAM SEEDS PRIVATE LIMITED to lose (in whole or in part) the services of internet service provider of SHRIRAM SEEDS PRIVATE LIMITED (“ISPs”) or other suppliers;
- Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
- Users shall not use the Platform in any way that causes, or is likely to cause, the Platform or access to it to be interrupted, damaged, or impaired in any way. In this regard, User understands that User, and not SHRIRAM SEEDS PRIVATE LIMITED, is responsible for all electronic communications and content sent from User’s computer to SHRIRAM SEEDS PRIVATE LIMITED.
- Users shall not use the Platform for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuse any policy and rules of SHRIRAM SEEDS PRIVATE LIMITED and interrupt or causes to interrupt, damages the use by other Users of the Platform.
- Users shall not use any false e-mail address, impersonate any person or entity, or otherwise misleads SHRIRAM SEEDS PRIVATE LIMITED by sharing multiple address and phone numbers or transacting with mala fide intentions.
- User shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any content, to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Platform. In this regard, SHRIRAM SEEDS PRIVATE LIMITED reserves its right to bar any such activity.
- User shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the Services offered on or through the Platform, by hacking, password “mining” or any other illegitimate means.
- User shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable laws, rules and regulations (including the taxation laws) regarding User’s use of the Platform.
- Users shall not engage in any transaction in a good or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
- User shall not engage in advertising to, or solicitation of, other Users of the Platform to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Platform or related to SHRIRAM SEEDS PRIVATE LIMITED .
- The content posted does not necessarily reflect SHRIRAM SEEDS PRIVATE LIMITED views. In no event shall SHRIRAM SEEDS PRIVATE LIMITED assumes or have any responsibility or liability for any content posted or for any claims, damages, or losses resulting from use of content and/or appearance of content on the Platform. User hereby represents and warrants that User has all necessary rights in and to all content which User provides and all information it contains and that such content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.
Reviews, comments, communications and other content
- Users may post reviews, comments and other content, send communications and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.”
- If User posts content or submits material, and unless SHRIRAM SEEDS PRIVATE LIMITED indicates otherwise, the User grants SHRIRAM SEEDS PRIVATE LIMITED, its Affiliates and sub-licensees:
- a non-exclusive, royalty-free, irrevocable, perpetual and fully sub-licensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world in any media; and
- the right to use the name that User submits in connection with such content.
- User agrees that the rights User granted above are irrevocable during the entire period of protection of its intellectual property rights associated with such content and material. User agrees to waive its right to be identified as the author of such content and its right to object to derogatory treatment of such content. User agrees to perform all further acts necessary to perfect any of the above rights granted by User to SHRIRAM SEEDS PRIVATE LIMITED, including the execution of deeds and documents, at its request.
- User represents and warrants that User owns or otherwise controls all of the rights to the content that User posts or that User otherwise provides on or through the Platform.
Intellectual Property Rights
- The Platform is controlled and operated by SHRIRAM SEEDS PRIVATE LIMITED and goods are sold and services are provided by SHRIRAM SEEDS PRIVATE LIMITED and Suppliers.
- All material on the Platform, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights, and such materials on the Platform are solely for User’s personal and non-commercial use.
- User must not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of the Platform, without the express written consent of SHRIRAM SEEDS PRIVATE LIMITED and / or its Affiliate(s), as may be applicable.
- User must not create and/ or publish its own database that features substantial parts of the Platform (such as prices and product listings), without the express written consent of SHRIRAM SEEDS PRIVATE LIMITED and / or its Affiliates or Suppliers, as may be applicable.
- Users 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 User 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 SHRIRAM SEEDS PRIVATE LIMITED -networked computer environment or use of the materials for any purpose other than personal and non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited.
- Any use for which User receives any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
- It is expressly clarified that User will retain ownership and shall solely be responsible for any content that User provides or uploads when using the Platform, including any text, data, information, images, photographs, music, sound, video or any other material which User may upload, transmit or store when making use of the Platform.
- However, SHRIRAM SEEDS PRIVATE LIMITED reserves the right to use/reproduce any content uploaded by User and User agrees to grant royalty free, irrevocably, unconditionally, perpetually and worldwide right to SHRIRAM SEEDS PRIVATE LIMITED to use the content for reasonable business purpose.
- If User or SHRIRAM SEEDS PRIVATE LIMITED terminates User’s use of the Platform, SHRIRAM SEEDS PRIVATE LIMITED may delete any content or other materials relating to User’s use of the Platform and SHRIRAM SEEDS PRIVATE LIMITED will have no liability to the User or any third party for doing so. However, User’s transactions’ details may be preserved by SHRIRAM SEEDS PRIVATE LIMITED for purposes of tax or regulatory compliance.
- If User uses any false e-mail address or use the Platform for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuses any policy and rules of the Platform or mislead SHRIRAM SEEDS PRIVATE LIMITED by sharing multiple address and phone numbers or transacting with mala fide intentions, the SHRIRAM SEEDS PRIVATE LIMITED reserves the right to refuse access to the Platform, terminate accounts including any linked accounts without notice to the User.
All the materials and Products (including but not limited to software) and Services, included on or otherwise made available to User through the Platform are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph,SHRIRAM SEEDS PRIVATE LIMITED does not warrant that the Platform will be constantly available, or available at all
Except to the extent SHRIRAM SEEDS PRIVATE LIMITED is providing Products on the Platform in its own name, the information of the Products on the Platform is as provided by the Suppliers to SHRIRAM SEEDS PRIVATE LIMITED, and SHRIRAM SEEDS PRIVATE LIMITED does not warrant that such Product information is true and correct. Users are required and requested to verify the said information before transacting on the Platform.
Exclusion of Liability and Limitation of Liability
In no event shall SHRIRAM SEEDS PRIVATE LIMITED be liable for any indirect, punitive, incidental, special, and consequential damages.
To the maximum extent permitted by applicable law, SHRIRAM SEEDS PRIVATE LIMITED will have no liability related to User’s content and / or third party’s content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. SHRIRAM SEEDS PRIVATE LIMITED also disclaims all liability with respect to the misuse, loss, modification or unavailability of any User’s content and / or third party’s content.
User expressly understands and agrees that, to the maximum extent permitted by applicable law, SHRIRAM SEEDS PRIVATE LIMITED will not be liable for any loss that User may incur as a consequence of unauthorized use of its account or account information in connection with the Platform or any Services, either with or without User’s knowledge.
SHRIRAM SEEDS PRIVATE LIMITED has endeavoured to ensure that all the information on the Platform is correct, but SHRIRAM SEEDS PRIVATE LIMITED neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product, or service on the Platform.
SHRIRAM SEEDS PRIVATE LIMITED shall not be responsible for the delay or inability to use the Platform or related functionalities, the provision of or failure to provide functionalities, or for any information, software, products, functionalities, 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, SHRIRAM SEEDS PRIVATE LIMITED 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 SHRIRAM SEEDS PRIVATE LIMITED control.
User understands and agrees that any material or data downloaded or otherwise obtained through the Platform is done entirely at its own discretion and risk and User will be solely responsible for any damage to its computer systems or loss of data that results from the download of such material or data.
SHRIRAM SEEDS PRIVATE LIMITED is not responsible and accepts no liability for any typographical errors, with respect to any information provided to User whether on behalf of itself or third parties.
To the maximum extent that is permissible under law, SHRIRAM SEEDS PRIVATE LIMITED liability shall be limited to an amount equal to the value of the goods purchased or services availed by the User on the Platform. SHRIRAM SEEDS PRIVATE LIMITED shall not be liable for any dispute or disagreement between one or more Users.
SHRIRAM SEEDS PRIVATE LIMITED shall not be liable for any unauthorized access to or alteration of the User’s transmissions or data.
Indemnity and Release
User hereby expressly release SHRIRAM SEEDS PRIVATE LIMITED 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 vendors and specifically waiver any claims or demands that User may have in this behalf under any statute, contract or otherwise.
Notwithstanding its reasonable efforts in that behalf, SHRIRAM SEEDS PRIVATE LIMITED cannot take responsibility or control the information provided by other Users which is made available on the Platform.
When User visits the Platform, User is communicating withSHRIRAM SEEDS PRIVATE LIMITED electronically. Users will be required to provide a valid phone number while placing an order with SHRIRAM SEEDS PRIVATE LIMITED. SHRIRAM SEEDS PRIVATE LIMITED may communicate with User by e-mail, SMS, phone call or by posting notices on the Platform or by any other mode of communication. For contractual purposes, User consents to receive communications (including transactional, promotional and/or commercial messages), from SHRIRAM SEEDS PRIVATE LIMITED with respect to its use of the Platform.
Access to Platform
SHRIRAM SEEDS PRIVATE LIMITED will do its utmost to ensure that availability of the Platform will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, User’s access to the Platform may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. SHRIRAM SEEDS PRIVATE LIMITED will attempt to limit the frequency and duration of any such suspension or restriction.
User acknowledges and undertakes that User is accessing the Platform and transacting on the Platform at its own risk and is using its best and prudent judgment before entering into any transactions through the Platform.
Except to the extent agreed in writing, SHRIRAM SEEDS PRIVATE LIMITED shall neither be liable nor responsible for any actions or inactions of Suppliers nor any breach of conditions, representations or warranties by the Suppliers of the Products and hereby expressly disclaims any and all responsibility and liability in that regard.
Except to the extent SHRIRAM SEEDS PRIVATE LIMITED is providing Products on the Platform in its own name, SHRIRAM SEEDS PRIVATE LIMITED expressly disclaims 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 SHRIRAM SEEDS PRIVATE LIMITED have taken precautions to avoid inaccuracies in content available on the Platform, all content, information (including the price of Products), software, Products, services and related graphics are provided as is, without warranty of any kind. SHRIRAM SEEDS PRIVATE LIMITED shall not have any obligations or liabilities in respect of any transactions on the Platform, except to the extent specifically taken up by SHRIRAM SEEDS PRIVATE LIMITED.
User agrees that SHRIRAM SEEDS PRIVATE LIMITED shall be under no liability whatsoever to User in the event of non-availability of the Platform and/or any of the Services or any portion thereof, occasioned by or is due to any of the following causes (which events and/or circumstances are hereinafter referred to as “Force Majeure”), to the extent beyond its reasonable control: acts of God, floods, government regulations including lockdown, accident, riots, war, terrorist acts, epidemic, pandemic, quarantine, civil commotion, breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, generalized lack of availability of raw materials or energy.
Any dispute which arises between the Parties shall be attempted to be resolved by good faith mutual discussions.
Where the Parties are unable to resolve such disputes by good faith discussions within a period of thirty (30) business days from the date of a written notice by either party notifying existence of such dispute, either party shall be free to refer the dispute to arbitration in accordance with this clause.
The seat and venue of the arbitration shall be SRI GANGANAGAR 335001, Rajasthan, India
The language of the arbitration shall be English.
Third Party Content
Customer Relationship Management
All issues, opinions, suggestions, questions and feedback while availing Services of SHRIRAM SEEDS PRIVATE LIMITED shall be communicated to SHRIRAM SEEDS PRIVATE LIMITED through email address mentioned on Platform. Users agree to be fair, accurate and non-disparaging while leaving comment, feedback, testimonials or reviews on or about Services.
Reporting of any issue needs to be within seven (7) days of the happening of the issue, failing which, such issue will not be addressed.
Any issue reported on channels other than the above may be addressed by SHRIRAM SEEDS PRIVATE LIMITED only on a best-effort basis. SHRIRAM SEEDS PRIVATE LIMITED takes no liability for inability to get back on other channels.
SHRIRAM SEEDS PRIVATE LIMITED shall endeavour to respond to User’s issues within two (2) working days of User reporting the same and endeavour to resolve it at the earliest possible. It is hereby clarified that these issues are resolved on a severity basis, and certain may be resolved earlier than the other. It is further clarified that SHRIRAM SEEDS PRIVATE LIMITED may resolve the issues at its sole and absolute discretion and SHRIRAM SEEDS PRIVATE LIMITED shall not be liable for any damages or losses in the event User is not satisfied with any such resolution.
Assignment and Sub-Contracting
Claims against Objectionable Content
It is not possible for SHRIRAM SEEDS PRIVATE LIMITED to be aware of the contents of each product listed on the Platform (except for the Products that are listed under the name of SHRIRAM SEEDS PRIVATE LIMITED, or each comment or review that is displayed. Accordingly, SHRIRAM SEEDS PRIVATE LIMITED operates on a “notice and takedown” basis.
If User believes that any content on the Platform is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, (“Objectionable Content”), User is requested to notify SHRIRAM SEEDS PRIVATE LIMITED immediately by contacting SHRIRAM SEEDS PRIVATE LIMITED through the modes available on the Platform and SHRIRAM SEEDS PRIVATE LIMITED will make all reasonable endeavours to remove such Objectionable Content complained about within a reasonable ti.