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" and "our" shall mean Vector E-commerce
Private Limited and its affiliates.
1. Introduction:
a) BERRYSUN AGRO SCIENCE PRIVATE LIMITED, www.berrysun.co.in
("Website") is an Internet based content and e-commerce portal, a
company incorporated under the laws of India.
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.
www.berrysun.co.in at its sole discretion reserves the right not to accept a
User from registering on the Website without assigning any reason thereof.
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 Bighaat.com 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. www.berrysun.co.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:
www.berrysun.co.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 and accessories from various supplier brands (collectively,
"Products"). The Products can be purchased through the Website
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. 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.
BERRYSUN 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, BERRYSUN shall refund for the prepaid orders if any, as per the terms
and conditions as mentioned in our Returns and Refund policies.
4. Privacy Policy:
The User hereby consents, expresses and agrees that he has
read and fully understands the Privacy Policy of Bighaat.com. 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 BERRYSUN's name is stated as
the source and prior written permission of BERRYSUN 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. 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.
8. 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 Services rendered by Bighaat.com.
9. Exactness Not Guaranteed:
BERRYSUN 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
Bighaat.com 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.
10. 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, Bighaat.com 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
Bighaat.com without obtaining authorization from BERRYSUN.
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.
11. Links To Third Party Sites:
The Website may contain links to other websites
("Linked Sites"). The Linked Sites are not under the control of
Bighaat.com or the Website and Bighaat.com 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. BERRYSUN is not responsible
for any form of transmission, whatsoever, received by you from any Linked Site.
BERRYSUN is providing these links to you only as a convenience, and the
inclusion of any link does not imply endorsement by BERRYSUN 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 Shopify Inc and managed by BERRYSUN.
They provide us services for online e-commerce platform that allows us to sell
our products and services to you and web page use Shopify services for secure
and safe transition and Gateway Integration for payment transition.
12. Disclaimer Of Warranties/Limitation Of Liability:
a) BERRYSUN has endeavored to ensure that all the
information on the Website is correct, but BERRYSUN neither warrants nor makes
any representations regarding the quality, accuracy or completeness of any
data, information, product or Service. In no event shall BERRYSUN 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 BERRYSUN 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, Bighaat.com 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 BERRYSUN's 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.
13. Indemnification:
You agree to indemnify, defend and hold harmless Bighaat.com
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 BERRYSUN 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.
14. 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 BERRYSUN's discretion.
15. Shipping:
Title and risk of loss for all products ordered by you shall
pass on to you upon BERRYSUN's shipment to the shipping carrier. Rules on COD
vary based on transaction value, products, shipping location and other relevant
parameters. BERRYSUN shall retain the right to offer/deny COD for specific
cases.
16. Termination:
a) BERRYSUN 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 BERRYSUN chooses to terminate them.
c) If you or Bighaat.com terminates your use of the Website
or any Service, BERRYSUN may delete any content or other materials relating to
your use of the Service and BERRYSUN 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.
17. Governing Law:
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 DELHI.
18. 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.
19. 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 care@berrysun.co.in
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