We may amend the Terms from time to time and you agree to be bound by the revised Terms as and when they are amended. You are encouraged to revisit the Terms regularly.
If you do not agree to these Terms please do not access or use the Website. By continuing to use the Website, you are indicating that you have agreed to be bound by the Terms.
You can access or use the Services only if you are eligible to form legally binding contracts under Indian Contract Act, 1872. We reserve the right to cancel or refuse your registration and / or refuse to provide you with access to the Services if it is brought to our notice that you cannot form legally binding contracts.
If you are a minor (under the age of 18 years), you cannot register with us. However, you may use the Website under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
We are a plant ordering and delivery platform provider. We enable the users of our Website to place orders for food items on any of the nursery who have enrolled with us (Nursery) and facilitate the delivery of ordered items from the Nursery to the address designated by the User (Services).
By using the Website you can order plant from Nusrsery on the Website.
REGISTRATION AND ACCOUNT
Once you complete the registration, we will create an account for you and you may log on to your account using your username and password. Please keep your account updated so that we can process your requests without any delay or inaccuracy.
Please do not share your account information with any other person. You are responsible for all activities and transmissions on your account including any transactions made through your account. You must immediately notify us of any unauthorised use of your account information or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this provision.
You can pay for the orders you place on the Website through credit/debit card or internet banking at the time of ordering.
RETURNS AND REFUNDS
We will facilitate the return and replacement of items to Nursery only if: (i) the packaging of the items has been damaged or tampered with in transit, or (ii) if you have received an incorrect order. In case you wish to not have the items replaced, and you have already made the payment for such orders we will facilitate a full refund from the Nursery.
(i) We are not a plantt business operator and are not engaged in the manufacture, processing, packaging, storage, transportation or distribution of plantt within the meaning.
The Website may contain copyrighted material, trademarks, and other proprietary information owned by us or other third parties. Mere access to or use of the Website do not confer upon you any rights to the intellectual property belonging to us or any third party. You agree not to copy, modify, publish, transmit, distribute, perform, display, or sell any such intellectual property except for that information which is in the public domain or for which you have been given permission. Any use of the Website or its contents without our permission is prohibited.
The following trade names/ trademarks indicated on the Website are our trade names/ trademarks and may not be used in connection with any product or service that is not ours in any manner that is likely to cause confusion among users or that disparages or discredits us, the Website or the Services:
TERMS OF ACCESS
By accessing the Website, you agree that you will use the Website and avail the Services for lawful purposes only, and comply with all applicable laws and regulations. You agree that you will not do anything that may impair the performance or any functionality of the Website or the servers on which the Website is hosted.
When you access the Website, you agree not to (i) scrape or attempt to scrape or extract any data, including information provided by third parties or other users of the Website, (ii) use the Website for any monitoring, benchmarking or throttling or any other purposes that may impair the performance or functionality of the Website, (iii) access or attempt to access any content available on the Website by any means other than through the interface provided by us.
It is our endeavour to ensure that the Website and Services are accessible to you from everywhere on a 24×7 basis. However, we may, from time to time and without prior notice of downtime, suspend access to the Website or to some parts thereof for maintenance or other reasons. We may also, at our sole discretion, either temporarily or permanently disable access to the Website for specific users. You agree that you have no expectation of or right to permanent and uninterrupted access to the Website or the Services.
THIRD PARTY DISCLAIMERS
We do not guarantee that other users of the Website will comply with these Terms. You hereby assume all risk of any harm or injury which may result to you on account of such non-compliance by third party users. We shall not be liable for any such harm or injury resulting from third party use.
We do not guarantee or make any representations regarding the content of any third party sites. If you access a link of any third party website, you hereby acknowledge that you do so entirely at your own risk and expense.
We shall not be responsible for any dispute between you and any other third party arising out of the use of the Website or the Services. We shall not be held liable for any negligent conduct or behaviour of any third party in relation to the use of the Website or the Services.
You agree to indemnify us for all claims, proceedings, penalties, damages, losses, actions, costs and expenses arising out of or in relation to your (i) use of the Website and the Services (ii) breach of these Terms, (iii) violation of any law, rules or regulations or the rights of a third party, or (iv) any fraudulent act on your part.
LIMITATION OF LIABILITY
We will not be responsible for the accuracy, completeness, reliability, fitness, availability or relevance of any information on the Website and Services.
You hereby acknowledge and agree that we will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, reputation, goodwill, business opportunities, data or other intangible losses or be liable for any loss or damages of any kind whatsoever arising out of the use of or inability to use the Website and Services, however arising whether by tort or by contract, including without limitation, damages for loss or corruption of data or programs and service interruptions, even if the we know or have been advised of the possibility of such damages.
We also disclaim any and all liability for the acts, omissions and conduct of any third parties in connection with or related to the use of the Website and Services. We will not be responsible or liable for any damages or losses resulting from any correspondence or business dealings with third-party service providers or advertisers or resulting from the presence of such advertisers on the Website.
We are maintaining the Website and providing the Services on an “as is” basis and offer no warranties of any kind, whether express, implied, statutory or otherwise with respect to the Website or the Services. We specifically disclaim any implied warranties of fitness for a particular purpose or non-infringement. You expressly agree that the use of the Website and/or the Services is at your own risk and that you will not hold us responsible for any content that may be deemed offensive, indecent, or objectionable to you. In particular, we will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, or for any loss of any kind arising out of the use of or inability to use the Website or the Services.
If you violate or breach any of these Terms, we may suspend or terminate your account or your access to the Website and/or the Services, at our discretion. In such event, we shall not be liable for any refunds or damages.
GOVERNING LAW & DISPUTE RESOLUTION
These Terms shall be governed by the laws of India and any disputes or proceedings arising hereunder shall be subject to the jurisdiction of the courts in Bangalore.