Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY USING AND/OR ACCESSING THIS MOBILE APPLICATION, YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS AND THE TERMS AND CONDITIONS OF OUR PRIVACY POLICY, WHICH ARE INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO ANY OF THESE TERMS AND CONDITIONS, THEN PLEASE DO NOT USE THIS MOBILE APPLICATION AND/OR AVAIL OUR SERVICES.

These terms and conditions of the website plantix-partner.com (“Website”) and mobile application under the name and style “Plantix Partner” (the “Mobile App”, together with the Website hereinafter referred to as “Platform”) is between Plantix Agritech India Private Limited (“Plantix”), a private limited Company incorporated under Companies Act 2013, and having its registered office at 101, A UG-3 Radhakrishnan Complex, 10/1, Manoramaganj Geeta Bhawan Chouraha, A.B. Road, Indore, Madhya Pradesh – 452001, India (“we”, “us”, “our” or “Plantix”) and the users, registered or otherwise of the Platform (hereinafter referred to as “you” or “your” or “User”) and describes the terms on which Plantix offers You access to the Platforms and such other services as are incidental and ancillary thereto. The Website and Mobile App are owned by the “Plantix Group” which includes Salesbee GmbH, Plantix and PEAT GmbH.

These Terms set forth the legally binding terms and conditions for your use of the Platform. This document is an electronic record in terms of Information Technology Act, 2000 (“IT Act”) and rules there under as well as the amended provisions pertaining to electronic records in various statutes as amended by the IT Act. This electronic record is generated by a computer system and does not require any physical or digital signatures.

These Terms are made available to the User and this document is published in accordance with the provisions of the IT Act and the relevant rules and regulations thereunder including Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011, that require publishing the rules and regulations, privacy policy and user agreement for access or usage of the Mobile App.

  1. 1 Application and Acceptance of the Terms

    1. 1.1

      Your use of the Platform and Plantix’s services, software and products (collectively the as the “Services” hereinafter) is subject to the terms and conditions contained in this document as well as the Privacy Policy, and any other rules and policies of the Platforms that Plantix may publish from time to time. This document and such other rules and policies of the Platforms are collectively referred to below as the “Terms”.  

    2. 1.2

      You are only authorised to use the Platform (regardless of whether your access or use is intended) if you agree to abide by these Terms and all applicable laws. By accessing the Platform or using the Services, you agree to accept and be bound by the Terms. Please read these Terms very carefully and save it. If you do not agree to be bound by these Terms in its entirety, you should leave the Platform and not receive Services in any manner. Your use of the Platform hereunder constitutes your acceptance of this Terms and You agree to be bound by the Terms, on and from the date when You first use the Platform.

    3. 1.3

      You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Plantix; or (b) you are not permitted to receive any Services under the laws of Republic of India or other countries/regions including the country/region in which you are resident or from which you use the Services.

    4. 1.4

      You acknowledge and agree that Plantix may amend any Terms at any time by posting the relevant amended and restated Terms on the Platform. By continuing to use the Services or the Platform, you agree that the amended Terms will apply to you.

    5. 1.5

      If Plantix has posted or provided a translation of the English language version of the Terms, you agree that the translation is provided for convenience only and that the English language version will govern your uses of the Services or the Platform.

    6. 1.6

      You may be required to enter into a separate agreement, whether online or offline, with Plantix or our affiliates for any Service (“Additional Agreements”).  If there is any conflict or inconsistency between the Terms and an Additional Agreement, the Additional Agreement shall take precedence over the Terms only in relation to that specific Service concerned.   

    7. 1.7

      Prices of our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part of content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

    8. 1.8

      The Terms may not otherwise be modified except in writing by an authorized officer of Plantix.    

  2. 2 Provision of Services

    1. 2.1

      You must register as a member on the Platform in order to access and use some Services. Further, Plantix reserves the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) to Users or subject to other conditions that Plantix may impose in our discretion. 

    2. 2.2

      We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Platform is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

    3. 2.3

      Services (or any features within the Services) may vary for different regions and countries. No warranty or representation is given that a particular Service or feature or function thereof or the same type and extent of the Service or features and functions thereof will be available for Users. Plantix may in our sole discretion limit, deny or create different level of access to and use of any Services (or any features within the Services) with respect to different Users.

    4. 2.4

      Occasionally there may be information on our Platform that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Platform is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Platform, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Platform, should be taken to indicate that all information on the Platform has been modified or updated.

    5. 2.5

      Plantix may launch, change, upgrade, impose conditions to, suspend, or stop any Services (or any features within the Services) without prior notice.

    6. 2.6

      Some Services may be provided by Plantix’s affiliates on behalf of Plantix.

  3. 3 Users Generally

    1. 3.1

      As a condition of your access to and use of the Platform or Services, you agree that you will comply with all applicable laws and regulations when using the Platform or Services.

    2. 3.2

      You agree to use the Platform or Services solely for your own private and internal purposes. You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc available on or through the Platform (the “Platform Content”), and (b) you will not copy, reproduce, download, compile or otherwise use any Platform Content for the purposes of operating a business that competes with Plantix, or otherwise commercially exploiting the Platform Content. Systematic retrieval of Platform Content from the Platform to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Plantix is prohibited. Use of any content or materials on the Platform for any purpose not expressly permitted in the Terms is prohibited.

    3. 3.3

      You must read Plantix’s Privacy Policy which governs the protection and use of personal information about Users in the possession of Plantix and our affiliates. You accept the terms of the Privacy Policy and agree to the use of the personal information about you in accordance with the Privacy Policy.

    4. 3.4

      Plantix may allow Users to access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise), API or otherwise to such third parties' web sites. You are cautioned to read such web sites' terms and conditions and/or privacy policies before using the Platform. You acknowledge that Plantix has no control over such third parties' web sites, does not monitor such web sites, and shall not be responsible or liable to anyone for such web sites, or any content, products or services made available on such web sites.

    5. 3.5

      You agree not to undertake any action to undermine the integrity of the computer systems or networks of Plantix and/or any other User nor to gain unauthorized access to such computer systems or networks.

    6. 3.6

      You agree not to undertake any action which may undermine the integrity of Plantix’s feedback system.

  4. 4 Member Accounts

    1. 4.1

      User must be registered on the Platform to access or use some Services (a registered User is also referred to as a “Member” below). Except with Plantix’s approval, one User may only register one member account on the Platform. Plantix may cancel or terminate a User’s member account if Plantix has reasons to suspect that the User has concurrently registered or controlled two or more member accounts. Further, Plantix may reject User’s application for registration for any reason.

    2. 4.2

      Upon registration on the Platform, Plantix shall assign an account and issue a member ID and password (the latter shall be chosen by a registered User during registration) to each registered User.

    3. 4.3

      A set of Member ID and password is unique to a single account. Each Member shall be solely responsible for maintaining the confidentiality and security of your Member ID and password and for all activities that occur under your account. No Member may share, assign, or permit the use of your Member account, ID or password by another person outside of the Member’s own business entity. Member agrees to notify Plantix immediately if you become aware of any unauthorized use of your password or your account or any other breach of security of your account.

    4. 4.4

      Member agrees that all activities that occur under your account (including without limitation, posting any company information, clicking to accept any Additional Agreements or rules, subscribing to or making any payment for any services, sending emails using the email account or sending SMS) will be deemed to have been authorized by the Member.

    5. 4.5

      Member acknowledges that sharing of your account with other persons, or allowing multiple users outside of your business entity to use your account (collectively, “Multiple Use”), may cause irreparable harm to Plantix or other Users of the Platform. Member shall indemnify Plantix, our affiliates, directors, employees, agents and representatives against any loss or damages (including but not limited to loss of profits) suffered as a result of the multiple use of your account. Member also agrees that in case of the multiple use of your account or Member’s failure to maintain the security of your account, Plantix shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate Member’s account without liability to Member.

  5. 5 Member’s Responsibilities

    1. 5.1

      Each Member represents, warrants and agrees that (a) you have full power and authority to accept the Terms, to grant the license and authorization and to perform the obligations hereunder; (b) you use the Platform and Services for business purposes only; (c) the address you provide when registering is the principal place of business of your business entity; (d) your business is validly existing and incorporated/established as per the provisions of applicable laws; and (e) you shall comply with all applicable laws while using and accessing the Platform. For purposes of this provision, a branch or liaison office will not be considered a separate entity and your principal place of business will be deemed to be that of your registered office.

    2. 5.2

      Each Member will be required to provide information or material about your entity, business or products/services as part of the registration process on the Platform or your use of any Service or the member account.  Each Member represents, warrants and agrees that (a) such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of the Platform or Service is true, accurate, current and complete; and (b) you will maintain and promptly amend all information and material to keep it true, accurate, current and complete.

    3. 5.3

      Upon becoming a Member, you consent to the inclusion of the contact information about you in our Buyer Database and authorize Plantix and our affiliates to share the contact information with other Users or otherwise use your personal information in accordance with the Privacy Policy. The Platform offers you a choice to voluntarily provide your phone number to Plantix. The phone number provided by you and collected by Plantix during this process will be used by Plantix to contact you by telephone or SMS to provide details and information of Services offered by Plantix and impart product knowledge and you provide consent to Plantix to use your contact information for this purpose.

    4. 5.4

      You are prohibited from using the Platform or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Platform, other websites, or the internet. We reserve the right to terminate your use of the Platform for violating any of the prohibited uses.

    5. 5.5

      Each Member further represents, warrants and agrees that you shall/are:

      1. a)

        carry on your activities on the Platform in compliance with any applicable laws and regulations;

      2. b)

        conduct your business transactions with other Users of the Platform in good faith;

      3. c)

        carry on your activities in accordance with the Terms and any applicable Additional Agreements;

      4. d)

        not use the Services or Platform to defraud any person or entity (including without limitation sale of stolen items, use of stolen credit/debit cards);

      5. e)

        not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;

      6. f)

        not engage in spamming or phishing;

      7. g)

        not engage in any other unlawful activities (including without limitation those which would constitute a criminal offence, give rise to civil liability,  etc) or encourage or abet any unlawful activities;

      8. h)

        not involve attempts to copy, reproduce, exploit or expropriate Plantix’s various proprietary directories, databases and listings;

      9. i)

        not involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;

      10. j)

        not involve any scheme to undermine the integrity of the data, systems or networks used by Plantix and/or any user of the Platform or gain unauthorized access to such data, systems or networks;

      11. k)

        not, and your director(s), officer(s), controlling party/ies, affiliates and legal jurisdiction in which any of the foregoing persons or entities is organized or has operations are not, persons or entities that are subject to any economic or fraud sanctions of any governmental, international or regulatory entities; and

      12. l)

        ot engage in any activities that would otherwise create any liability for Plantix or our affiliates.

    6. 5.6

      Member may not use the Services and member account to engage in activities which are identical or similar to Plantix’s business.

    7. 5.7

      Member agrees to provide all necessary information, materials and approval, and render all reasonable assistance and cooperation necessary for Plantix’s provision of the Services, evaluating whether Member has breached the Terms and/or handling any complaint against the Member.  If Member’s failure to do so results in delay in, or suspension or termination of, the provision of any Service, Plantix shall not be obliged to extend the relevant service period nor shall be liable for any loss or damages arising from such delay, suspension or termination.

    8. 5.8

      Member acknowledges and agrees that Plantix shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or material or information created, obtained or accessible through the Services or Platform. Plantix does not endorse, verify or otherwise certify the contents of any comments or other material or information made by any Member. Each Member is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information.

    9. 5.9

      Member acknowledges and agrees that the Services may only be used by businesses and their representatives for business use and not for individual consumers or for personal use.

    10. 5.10

      Member acknowledges and agrees that each Member is solely responsible for observing applicable laws and regulations in its respective jurisdictions to ensure that all use of the Platform and Services are in compliance with the same.

  6. 6 Breaches by Members

    1. 6.1

      If any Member breaches any Terms, or if Plantix has reasonable grounds to believe that a Member is in breach of any Terms, Plantix shall have the right to take such disciplinary actions as it deems appropriate, including without limitation: (i) restricting, suspending or terminating the Member’s account and any and all accounts determined to be related to such account by Plantix in its discretion; (ii) restricting, downgrading, suspending or terminating the subscription of, access to, or current or future use of any Service; (iii) imposing other restrictions on the User’s use of any features or functions of any Service as Plantix may consider appropriate in its sole discretion; and (v) any other corrective actions, discipline or penalties as Plantix may deem necessary or appropriate in its sole discretion.

    2. 6.2

      Without limiting the generality of the provisions of the Terms, a Member would be considered as being in breach of the Terms in any of the following circumstances:

      1. a)

        upon complaint or claim from any third party, Plantix has reasonable grounds to believe that such Member has wilfully or materially failed to perform your contract with such third party including without limitation where the Member has failed to deliver any items ordered by such third party after receipt of the purchase price, or where the items Member has delivered materially fail to meet the terms and descriptions outlined in your contract with such third party,

      2. b)

        Plantix has reasonable grounds to suspect that such Member has used a stolen credit card or other false or misleading information in any transaction with a counter party,

      3. c)

        Plantix has reasonable grounds to suspect that any information provided by the Member is not current or complete or is untrue, inaccurate, or misleading, or

      4. d)

        Plantix believes that the Member’s actions may cause financial loss or legal liability to Plantix or our affiliates or any other Users.

    3. 6.3

      Plantix reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, Plantix may disclose the Member's identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action.  Plantix shall not be liable for damages or results arising from such disclosure, and Member agrees not to bring any action or claim against Plantix for such disclosure.

    4. 6.4

      Plantix may, at any time and in our reasonable discretion, impose limitations on, suspend or terminate the Member’s use of any Service or the Platform without being liable to the Member if Plantix has received notice that the Member is in breach of any agreement or undertaking with any affiliate of Plantix and such breach involves or is reasonably suspected of involving dishonest or fraudulent activities.  Plantix shall have the right to publish the records of such breach on the Platform. Plantix shall not be required to investigate such breach or request confirmation from the Member.

    5. 6.5

      Each Member agrees to indemnify Plantix, our affiliates, directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from your submission, posting or from your use of the Platform or Services, or from your breach of the Terms.

  7. 7 Google Analytics

    1. 7.1

      The Mobile Application uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on Your computer to help the Mobile Application analyse how visitors use the site. The information generated by the cookie about Your use of the Mobile Application (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the Mobile Application, compiling reports on Mobile Application activity for application operators and providing other services relating to application activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however, please note that if you do this you may not be able to use the full functionality of the Mobile Application. By using the Mobile Application, you consent to the processing of data about You by Google in the manner and for the purposes set out above.

      Further information concerning the terms and conditions of use and data privacy of Google Analytics can be found at: https://policies.google.com/privacy?hl=en-US

  8. 8 Transactions by the Members

    1. 8.1

      Through the Mobile Application, Plantix provides electronic web-based platforms for displaying information of products and services. Plantix provides electronic web-based transaction platforms for Members to place, accept, conclude and manage orders for the provision of products and services online.  However, for any Services, Plantix does not represent either the seller or the Member in specific transactions. Plantix does not control and is not liable to or responsible for the quality, safety, lawfulness of the products or services offered for sale on the Platform or the ability of Members to complete a purchase.

    2. 8.2

      We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per entity or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our Platform. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

    3. 8.3

      Each Member acknowledges that it is fully assuming the risks of conducting any purchase transaction in connection with using the Platform or Services, and that it is fully assuming the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using the Platform. Such risks shall include, but are not limited to, mis-representation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost mis-calculations, breach of warranty, breach of contract and transportation accidents. Such risks also include the risks that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Platform may violate or may be asserted to violate third party rights. Such risks also include the risks that consumers, other purchasers, end-users of products or others claiming to have suffered injuries or harms relating to products originally obtained by Users of the Platform as a result of purchase and sale transactions in connection with using the Platform may suffer harms and/or assert claims arising from their use of such products. All of the foregoing risks are hereafter referred to as “Transaction Risks”. Each User agrees that Plantix shall not be liable or responsible for any damages, claims, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any Transaction Risks.

    4. 8.4

      Users are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the Platform or Services, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.

    5. 8.5

      User agrees to provide all information and materials as may be reasonably required by Plantix in connection with your transactions conducted on, through or as a result of use of the Platform or Services.  Plantix has the right to suspend or terminate any User’s account if the User fails to provide the required information and materials.

    6. 8.6

      In the event that any User has a dispute with any seller of products, such User agrees to release and indemnify Plantix (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.

  9. 9 Limitation of Liability

    1. 9.1

      TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES PROVIDED BY PLANTIX ON OR THROUGH THE PLATFORM ARE PROVIDED "AS IS", "AS AVAILABLE" AND “WITH ALL FAULTS”, AND PLANTIX HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, AND UNDERTAKINGS ARE HEREBY EXCLUDED.

    2. 9.2

      TO THE MAXIMUM EXTENT PERMITTED BY LAW, PLANTIX MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE PLATFORM; PLANTIX DOES NOT REPRESENT OR WARRANT THAT THE MANUFACTURE, IMPORTATION, EXPORT, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE PLATFORM DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND PLANTIX MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE PLATFORM.

    3. 9.3

      Any material downloaded or otherwise obtained through the Platform is done at each User's sole discretion and risk and each User is solely responsible for any damage to Plantix’s computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from Plantix or through or from the Platform shall create any warranty not expressly stated herein.

    4. 9.4

      The Platform may make available to User services or products provided by independent third parties. No warranty or representation is made with regard to such services or products. In no event shall Plantix and our affiliates be held liable for any such services or products.

    5. 9.5

      Plantix does not make any representations pertaining to the information, content, products or services included on or otherwise made available to You through or on the App. The warranties related to products and after sales services, if any related to products are subject to the terms provided by the seller to the buyer. Plantix does not have any control over such information and plays no determinative role in the finalization of the same and hence does not stand liable for the outcomes of such terms.

    6. 9.6

      The user acknowledges that before placing an order for a product the user has performed a diligence and background check of the sellers of the product, their creditworthiness, genuineness of the product and is entering into the transaction being aware of these Terms.

    7. 9.7

      The user acknowledges that the product images are indicative in nature and actual product may differ from the image. The user further acknowledges that services provided by the App are being provided by Plantix as an independent contractor, and Plantix is in no manner acting as an agent, partner or joint venture partner of either the seller or of a third party.

    8. 9.8

      The buyer acknowledges and understands that the buyer cannot claim any compensation from Plantix, other than refund for the amount paid by buyer while ordering, for any reason, not limited to but including: (i) if the final product or its quality, quantity or specifications does not meet buyer’s expectation; (ii) there is any special, incidental, indirect or consequential damage caused to the buyer by the product purchased; (iii) delivery delays due to any unforeseen circumstances by Plantix or its assigned logistics service providers; (iv) buyer faces any issues with logistics service provider’s personnel.

    9. 9.9

      Each User hereby agrees to indemnify and save Plantix, our affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User's use of the Platform or Services (including but not limited to the display of such User's information on the Platform) or from your breach of any of the terms and conditions of the Terms. Each User hereby further agrees to indemnify and save Plantix, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User's breach of any representations and warranties made by User to Plantix.

    10. 9.10

      We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Plantix, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

    11. 9.11

      Plantix shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following:

      1. a)

        the use or the inability to use the Platform or Services;

      2. b)

        any defect in goods, samples, data, information or services purchased or obtained through the Platform;

      3. c)

        violation of third party rights or claims or demands that manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Platform may violate or may be asserted to violate third party rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by third party claimants;

      4. d)

        unauthorized access by third parties to data or private information of any User;

      5. e)

        statements or conduct of any User of the Platform; or;

      6. f)

        any matters relating to Services however arising, including negligence.

    12. 9.12

      All claims arising from the use of the Platform or Services must be filed within one (1) year from the date the cause of action arose or such longer period as prescribed under any applicable law governing this Terms. The limitations and exclusions of liability to you under the Terms shall apply to the maximum extent permitted by law and shall apply whether or not Plantix has been advised of or should have been aware of the possibility of any such losses arising.

  10. 10 Force Majeure

    1. 10.1

      Under no circumstances shall Plantix be held liable for any delay or failure or disruption of the content or services delivered through the Platform resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.

  11. 11 Intellectual Property Rights

    1. 11.1

      Plantix Group is the sole owner or lawful licensee of all the rights and interests in the Platform and the Platform Content. The Platform and Platform Content embody trade secrets and other intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Platform and Platform Content shall remain with Plantix, our affiliates or licensors of the Plantix Content, as the case may be. All rights not otherwise claimed under the Terms or by Plantix are hereby reserved. All drawings, know-how, designs, specifications, inventions, devices, developments, processes, copyrights, trademarks, patents and applications therefore, and other information or intellectual property and all rights therein, in respect of the Platform and ancillary services (collectively, “Intellectual Property”) will remain the property of Plantix and its affiliates and group entities. You shall have no claim to, nor ownership interest in, any Intellectual Property. You acknowledge that no license or rights of any sort are granted to you hereunder in respect of any Intellectual Property.

    2. 11.2

      “Plantix” and any other related icons and logos are registered trademarks or trademarks or service marks of PEAT GmbH, in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.

    3. 11.3

      Plantix may have independent third parties involved in the provision of the Services (e.g., the authentication and verification service providers).  You may not use any trademark, service mark or logo of such independent third parties without prior written approval from such parties.

  12. 12 Notices

    1. 12.1

      All legal notices or demands to or upon Plantix shall be made in writing and sent to Plantix personally, by courier, certified mail, or facsimile to the entity and address Plantix. The notices shall be effective when they are received by only by Plantix.

    2. 12.2

      All legal notices or demands to or upon a User 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 to Plantix, or by posting such notice or demand on an area of the Platform that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when: (a) Plantix is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User; or (b) immediately upon Plantix posting such notice on an area of the Platform that is publicly accessible without charge.

    3. 12.3

      You agree that all agreements, notices, demands, disclosures and other communications that Plantix sends to you electronically satisfy the legal requirement that such communication should be in writing.

  13. 13 Grievance Redressal

    1. 13.1

      Protecting interests of Users is the primary objective of Plantix. In pursuit of this objective Rahul Singh Solanki, CEO - is designated as the Grievance Officer in terms of the Information Technology Act, 2000 and the rules made thereunder for any complaints or grievances with regard to the content of the Platform. The contact details of the Grievance Officer are as under:

      Email Address: rahul@plantix.net
      Contact Address: Plantix Agritech India Pvt. Ltd. 1st Floor, Plot No. 290-291, PU4, Behind Malhar Mega Mall, Vijay Nagar, Indore - 452010 MP, India

      Any and all complaints to the Grievance Officer to report any content on the Platform shall be in writing and shall be sent to at the above-mentioned email address. The Grievance Officer shall take all reasonable measures to expeditiously redress the complaint.

  14. 14 General Provisions

    1. 14.1

      Subject to any Additional Agreements, the Terms constitute the entire agreement between you and Plantix with respect to and govern your use of the Platform and Services, superseding any prior written or oral agreements in relation to the same subject matter herein.

    2. 14.2

      Plantix and you are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms.

    3. 14.3

      If any provision of the Terms is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced.

    4. 14.4

      Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

    5. 14.5

      Plantix’s failure to enforce any right or failure to act with respect to any breach by you under the Terms will not constitute a waiver of that right nor a waiver of Plantix’s right to act with respect to subsequent or similar breaches.

    6. 14.6

      You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Platform. It is your responsibility to check our website periodically for changes. Your continued use of or access to our Platform or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

    7. 14.7

      Plantix shall have the right to assign the Terms (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms to any person or entity (including any affiliates of Plantix). You may not assign, in whole or part, the Terms to any person or entity.

    8. 14.8

      The Mobile App is available only for users in India. The Platform is meant for use within the specific B2B relationship and has geography coverage of Republic of India.

    9. 14.9

      The Terms shall be governed by the laws of republic of India without regard to its conflict of law provisions and the parties to the Terms agree to submit to the exclusive jurisdiction of the courts of Indore, Madhya Pradesh, India.