TERMS OF SERVICE


Please read the following terms and conditions very carefully as your use of service is subject to your acceptance of and compliance with the following terms and conditions ("Terms"). By subscribing to or using any of our services you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms, you must not subscribe to or use our services. These Terms and various other policies are binding as per the provisions of the Information Technology (Intermediaries guidelines) Rules, 2011 formulated under the Information Technology Act of 2000. In these Terms, references to "you", "User" shall mean the end user accessing the Website, its contents and using the Services offered through the Website, "Service Providers" mean independent third party service providers, and "we", "us", "our" and company shall mean to the owner of the website i.e JPS Agroiva Private Limited whose registered office is Ward No 1 Sadulgarh, Mansa, Punjab – 151507 Our company registration number is U01409PB2019PTC049414, and its affiliates and its Licensees.

1. Introduction:
a) agroiva.com/.agroiva.in and Agroiva Mobile application ("Website") is an Internet based content and e-commerce portal, and owned by JPS AgroivaPvt Ltd a company incorporated under the laws of India. The company through this website offers products and services relating to seeds and pesticides for the agriculture sector. The area for providing services of the company is the state of Punjab. For providing these services we have registered and obtained mandatory licences and we are regularly complying with all the terms and conditions of these Licences. The original Licences can be seen and verified at the principle place of business/registered office of the company.

b) Use of the Website is offered to you conditioned on acceptance without modification of all the terms, conditions and notices contained in these Terms, as may be posted on the Website from time to time. agroiva.com/agroiva.in at its sole discretion reserves the right not to accept a User from registering on the Website without assigning any reason thereof.

c) The company may at any time modify the Terms & Conditions of Use of the Website without any prior notification to you. You can access the latest version of these Terms & Conditions at any given time on the Site. You should regularly review the Terms & Conditions on the Site. In the event the modified Terms & Conditions is not acceptable to you, you should discontinue using the Service. However, if you continue to use the Service you shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this Site.

2.User Account, Password, and Security :

You will receive a password and account designation upon completing the Website's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify agroiva.com/agroiva.in of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. agroiva.com/agroiva.in cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2.

3. Services Offered:
agroiva.com/agroiva.in provides a number of Internet-based services through the Web Site (all such services, collectively, the "Service"). One such service enables users to purchase original products such as seeds, accessories, pesticides and several other related products from various supplier brands (collectively, "Products"). The Products can be purchased through the Website and from authorized partners of company through various methods of payments offered. The sale/purchase of Products shall be additionally governed by specific policies of sale, like cancellation policy, return policy, etc. (which are found on the following URL _______________), and all of which are incorporated here by reference. In addition, these terms and policies may be further supplemented by Product specific conditions, which may be displayed on the webpage of that Product or at the label of the product.

4. Privacy Policy:

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

5. Limited User:

The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website. Limited reproduction and copying of the content of the Website is permitted provided that agroiva.com/agroiva.in’s name is stated as the source and prior written permission of agroiva.com/agroiva.in is sought. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.

6. User Conduct and Rules:

You agree and undertake to use the Website and the Service only to post and upload messages and material that are proper. By way of example, and not as a limitation, you agree and undertake that when using a Service, you will not :

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

b) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;

c) upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents; you own or control the rights thereto or have received all necessary consents;

d) Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;

e) conduct or forward surveys, contests, pyramid schemes or chain letters;

f) download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;

g) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;

h) violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;

i) violate any applicable laws or regulations for the time being in force in or outside India; and

j) violate, abuse, unethically manipulate or exploit, any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere.

7. User Warranty and Representation:

a) 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 Services rendered by Agroiva.com/agroiva.in.

b) That you will use the services provided by the Site, its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using and transacting on the Site.

c) You will provide authentic and true information in all instances where such information is requested of you. We reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), it has the right in its sole discretion to reject the registration and debar you from using the Services and / or other affiliated websites without prior intimation whatsoever.

d) That you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site.

e) That before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item's description.

8. Exactness Not Guaranteed:

Agroiva.com/agroiva.in hereby disclaims any guarantees of exactness as to the finish and appearance of the final Product as ordered by the user. The quality of any products, Services, information, or other material purchased or obtained by you through the Website may not meet your expectations. Alterations to certain aspects of your order such as the supplier brand, quantity etc. may be required due to limitations caused by availability of product difference in quantity charts of respective brands etc. In this instance you agree that Agroiva.com/agroiva.in will send an approval request via the email address, which you submitted when placing your order. If you do not agree with the requested change you retain the right to reject the requested product change by replying to it within 10 days of it being sent to you. We have made every effort to display the colours of our products that appear on the Website as accurately as possible. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate.

9. Intellectual Property Rights:

a) Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Agroiva.com/agroiva.in owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to agroiva.com/agroiva.in without obtaining authorization from agroiva.com/agroiva.in.

b) Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our various Service. However, with regard to the product customization Service (as against other Services like blogs and forums) you expressly agree that by uploading and posting content on to the Website for public viewing and reproduction/use of your content by third party users, you accept the User whereby you grant a non-exclusive license for the use of the same.

10.Third Party Sites Link :

The Website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of agroiva.com/agroiva.in or the Website and Agroiva.com/agroiva.in is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Agroiva.com/agroiva.in is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. Agroiva.com/agroiva.in is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Agroiva.com/agroiva.in or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.

Our store is hosted on Linux Server and managed byagroiva.com/agroiva.in. They provide us services for online e-commerce platform that allows us to sell our products and services to you and web page use SSL for secure and safe transition and Gateway Integration for payment transition.

11. Disclaimer Of Warranties/Limitation Of Liability:

a) Agroiva.com/agroiva.in has endeavoured to ensure that all the information on the Website is correct, but agroiva.com/agroiva.in neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service. In no event shall agroiva.com/agroiva.in be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services or Products; (b) unauthorized access to or alteration of the user's transmissions or data; (c) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or Service. Neither shall agroiva.com/agroiva.in be responsible for the delay or inability to use the Website or related services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise.

Further, agroiva.com/agroiva.in shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond Agroiva.com/agroiva.in control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.

b) The performance of the product is subject to usage as per manufacturer guidelines. Read enclosed leaflet of the products carefully before use. The use of this information is at the discretion of user.

12. Indemnification:

You agree to indemnify, defend and hold harmless agroiva.com/agroiva.in from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Agroiva.com/agroiva.in that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.

13. Pricing:

Prices for products are described on our Website and are incorporated into these Terms by reference. All prices are in Indian rupees. Prices, products and Services may change at Agroiva.com/agroiva.in discretion.

14.Shipping:

Title and risk of loss for all products ordered by you shall pass on to you upon agroiva.com/agroiva.in shipment to the shipping carrier. Rules on COD vary based on transaction value, products, shipping location and other relevant parameters. agroiva.com/agroiva.in shall retain the right to offer/deny COD for specific cases. That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.

15.Termination:

a) Agroiva.com/agroiva.in may suspend or terminate your use of the Website or any Service if it believes, in its sole and absolute discretion that you have breached, violated, abused, or unethically manipulated or exploited any term of these Terms or anyway otherwise acted unethically.

b) Notwithstanding Section 15.a above, these Terms will survive indefinitely unless and until agroiva.com/agroiva.in chooses to terminate them.

c) If you or agroiva.com/agroiva.in terminates your use of the Website or any Service, Agroiva.com/agroiva.in may delete any content or other materials relating to your use of the Service and Agroiva.com/agroiva.in will have no liability to you or any third party for doing so.

d) You shall be liable to pay for any Service or product that you have already ordered till the time of Termination by either party whatsoever. Further, you shall be entitled to your royalty payments as per the User License Agreement that has or is legally deemed accrued to you.

16. Governing Law and Jurisdiction:

These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Mansa,Punjab. This User Agreement shall be construed in accordance with the applicable laws of India. The Courts at Mansa shall have exclusive jurisdiction in any proceedings arising out of this agreement.

Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by company 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 arbitration shall be held in Mansa. The Punjab and Haryana High Court alone shall have the jurisdiction and the Laws of India shall apply.

17. 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.

18. Report Abuse :

As per these Terms, users are solely responsible for every material or content uploaded on to the Website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these Terms, please report to info@agroiva.com.