The terms and conditions contained hereinafter (“Terms of Use”) shall apply to the use of Agribhai (“Agribhai” or “we” or “our“), a trade name owned and managed by XYZ Agriculture Pvt. Ltd. Agribhai is an application available on Android Stores that facilitates users registered on Agribhai to buy fresh fruits and vegetables across cities in India (“Services”). Any person logging on to or using Agribhai (even when such person does not make any purchase from Agribhai) (“User” or “you”) shall be presumed to have read these Terms of Use (which includes the Privacy Policy, separately provided on Agribhai) and unconditionally accepted the terms and conditions set out herein, constituting a binding and enforceable agreement between the User and Agribhai (“Agreement”). This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Agribhai for other services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of Agribhai. To the extent applicable, these Terms of Use shall apply to the website of Agribhai and its visitors as well.

Use of Agribhai is available only to those who can form legally binding contracts under the Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, undischarged insolvents, etc., are not eligible to use Agribhai. If you are a minor i.e., under the age of 18 years, you shall not register as a User of Agribhai and shall not transact on or use Agribhai. As a minor, if you wish to use or transact on Agribhai, such use or transaction may be made by your legal guardian or parents on Agribhai. Agribhai reserves the right to terminate your membership and/or refuse to provide you with access to Agribhai if it is brought to Agribhai’s notice or if it is discovered that you are under the age of 18 years. By accepting these Terms of Use, the User irrevocably declares and undertakes that they are of legal age i.e., 18 years or older and capable of entering into a binding contract, and such usage shall be deemed to form a contract between Agribhai and such User to the extent permissible under applicable laws.

If you use Agribhai, you shall be responsible for maintaining the confidentiality of your account and password and shall be responsible for all activities that occur in or through your account. We will not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account. You should take all necessary steps to ensure that the password is kept confidential and secure. In case you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner, you should inform us immediately at support@agribhai.com. You agree that if you provide any information that is untrue, inaccurate, not current, or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, or not in accordance with these Terms of Use, we shall have the right to indefinitely suspend or terminate or block access to your membership on Agribhai and refuse to provide you with access to Agribhai. You also agree and confirm that you will: (i) Provide accurate, current, and complete information whenever prompted by Agribhai or when required by Agribhai’s registration form (“Registration Data”). (ii) Provide information about and/or access to your social accounts to enable us to use such information solely for the purpose of providing services to you. (iii) Maintain and promptly update the Registration Data to keep it accurate, current, and complete at all times. We reserve the right to confirm and validate the information and other details provided by you at any point in time. If you provide any information that is untrue, inaccurate, incomplete, or not current or if we have reasonable grounds to suspect that such information is not in accordance with these Terms of Use (whether wholly or in part thereof), we reserve the right to reject your registration and/or indefinitely suspend or terminate your membership and to refuse to provide you access to Agribhai. (iv) In order to ensure that we are not violating any right that you might have in your Registration Data, grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights (but no other rights) that you have in the Registration Data, in any media now or in the future known, with respect to your Registration Data solely to enable us and our service partners to use such Registration Data you have supplied to us.

When you use Agribhai or send emails or other data, information, or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically and as required. We may communicate with you by email or by such other mode of communication, electronic or otherwise. When you visit Agribhai or send e-mails to us, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We will communicate with you by e-mail, phone calls, SMS, or by posting notices on Agribhai. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Notwithstanding anything contained in this Agreement and subject to applicable laws, you consent to receive communications (including transactional, promotional, and/or commercial messages) from us with respect to your use of the website and/or your order placed on Agribhai.

You shall indemnify and hold harmless Agribhai, and/or any of its officers, directors, agents, employees, and representatives from any claim or demand, or actions including reasonable attorney’s fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms of Use or any document incorporated by reference, or your violation of any applicable laws, rules, regulations, or the rights of any third party. You hereby expressly release Agribhai and/or any of its officers and representatives from any cost, damage, liability, or other consequence of any of the actions/inactions of the third party and specifically waive any claims or demands that you may have in this behalf under any statute, contract, or otherwise.

In order to avail the Services from Agribhai, you will need to provide Registration Data prior to getting registered. As an account holder, you are required to provide Agribhai with accurate personal information. Any personal information collected by Agribhai shall not be disclosed to any third party unrelated to Agribhai unless such a disclosure is authorized or required by law, or you have expressly consented to such a disclosure. However, by accepting the terms and conditions, you grant Agribhai an unconditional right to share your personal information with Agribhai partners, affiliates, employees, and agents for administrative purposes. You are requested to review the Privacy Policy before using Agribhai. If you have any objection to the terms of our Privacy Policy, you are requested not to use Agribhai.

You agree, understand, and confirm that the financial details provided by you for availing of Services of Agribhai will be correct and accurate, and you shall not use any financial payment option that is unlawfully owned by you or outside the purview of the law of the country of India. Thus, you must not pay or attempt to pay for Services using fraudulent financial information and through illegal payment options as per the law of India. You further agree and undertake to provide the correct and valid details to Agribhai. Further, the said information will not be utilized and shared by Agribhai with any third parties unless required for fraud verifications or by law, regulation, or court order. Agribhai will not be liable for any kind of financial fraud. The liability for use of a financial payment option will be on you, and the onus to ‘prove otherwise’ shall be exclusively yours.

The User, by the act of logging onto Agribhai, is deemed to have consented to and has expressly/impliedly and irrevocably authorized Agribhai to use, reveal, analyze, display, or transmit all information required by Agribhai. The User represents and warrants that all the information provided by them is true, correct, and complete, and if such information is found to be untrue, incorrect, or incomplete, Agribhai has the right to take any action it deems appropriate in relation to the particular circumstances without any limitations.

You shall not, directly or indirectly, attempt to gain unauthorized access to Agribhai, other Users’ account(s), computer systems, and/or networks connected to Agribhai through hacking, phishing, password mining, and/or any other means (whether now known or hereafter developed or invented) or obtain any material or information through any means not intentionally made available to User. You understand and undertake that you shall be solely responsible for the Registration Data and undertake not to host, display, upload, modify, publish, transmit, update, or share any information that: (i) Belongs to another person and to which you do not have any right to; (ii) Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, 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 whatsoever; (iii) Harms minors in any way; (iv) Infringes any patent, trademark, copyright, or other proprietary rights; (v) Violates any law for the time being in force; (vi) Deceives or misleads the addressee(s) about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (vii) Impersonates another person; (viii) Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource; (ix) Threatens the unity, integrity, defense, 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 the investigation of any offense or is insulting to any other nation.

You shall not use Agribhai for any illegal, unlawful purpose or for any purpose prohibited by these Terms of Use. You shall not use Agribhai in any manner that could damage, disable, overburden, or impair Agribhai, or interfere with any other party’s use and enjoyment of Agribhai. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through Agribhai.

All material on Agribhai, including but not limited to text, images, graphics, and software, are protected by copyright, trademark, and/or other intellectual property laws. Agribhai retains all rights, title, and interest in and to all intellectual property related to Agribhai. The use of Agribhai does not grant you any ownership rights to any material found on Agribhai. Any unauthorized use, reproduction, or distribution of material found on Agribhai is strictly prohibited.

Agribhai reserves the right, in its sole discretion, to terminate your access to all or part of Agribhai, with or without notice, for any reason, including, without limitation, if Agribhai believes that you have violated or acted inconsistently with these Terms of Use. Any such termination may include deleting your account and all related information, files, and content associated with or inside your account (or any part thereof). Agribhai shall not be liable to you or any third party for any termination of your access to Agribhai.

Agribhai reserves the right to change, modify, or alter these Terms of Use at any time. Such modifications shall become effective immediately upon the posting thereof. You must review these Terms of Use on a regular basis to keep yourself apprised of any changes. Continued use of Agribhai following any such changes shall constitute your acceptance of the revised Terms of Use.

These Terms of Use shall be governed by and construed in accordance with the laws of India. You agree that any dispute arising under these Terms of Use shall be subject to the exclusive jurisdiction of the courts in New Delhi, India.

If you have any questions regarding these Terms of Use, please contact us at support@agribhai.com. These Terms of Use are effective as of the date specified above. Please review these Terms of Use periodically for any updates or changes.