:: Agromom ::

General

Agromom E-Commerce Others Private Limited, a private limited company incorporated under the provisions of the companies act 2013, and having its registered office at “2-27, Mallneni Palli, Thummala Anantapur Anantapur Andhra Pradesh- 515672, India”, hereinafter referred to as the “company” (where such expression shall, unless repugnant to the context thereof, be deemed to include its respective legal heirs, representatives, administrators, permitted successors and assigns).

The company ensures steady commitment to your usage of the platform and privacy with regard to the protection of your invaluable information. This document contains information about the website and mobile application “www.agromom.com” hereinafter referred to as the “platform”).

Definition

For the purpose of these terms of use (“terms”), wherever the context so requires.

“We”, “Our” and “Us” shall mean and refer to the platform and/or the company, as the context so requires.
“Vendor” shall mean and refer to natural and legal individuals or companies who shall use the website and mobile application to sell their products through the company’s website and mobile application.
“Services” shall refer to the platform that provides fruits, vegetables, flowers, nursery, cattle, grass, manure and agricultural products like seeds, fertilizers, pesticides, plant Growth Regulators, Irrigation and Farming Tools and Equipments.
“Third parties” refer to any application, company or individual apart from the vendor and the creator of this website and mobile application.
The term “platform” refers to the website and mobile application which provides the vendor with the facility to sell products through the company.

General Terms

The headings of each section in these terms are only for the purpose of organizing the various provisions under these terms in an orderly manner and shall not be used by either party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the parties that the headings shall have no legal or contractual value.
The use of this platform by the vendors is solely governed by these Terms as well as the privacy policy and any modifications or amendments made thereto by the company, from time to time, at its sole discretion. If you continue to access and use this platform, you are agreeing to comply with and be bound by the following terms and conditions of use and our privacy policy. The vendor expressly agrees and acknowledges that these terms and policy are co-terminus in nature and that expiry/termination of either one will lead to the termination of the other.
The vendor unequivocally agrees that these terms and the aforementioned policy constitute a legally binding agreement between the vendor and the company and that the vendor shall be subject to the rules, guidelines, policies, terms and conditions applicable to any service that is provided by the platform and that the same shall be deemed to be incorporated into these terms and shall be treated as part and parcel of the same. The vendor acknowledges and agrees that no signature or express act is required to make these terms and the policy binding on the vendor and that the vendor’s act of visiting any part of the platform constitutes the vendor’s full and final acceptance of these Terms and the aforementioned policy.
The company reserves the sole and exclusive right to amend or modify these terms without any prior permission or intimation to the vendor and the vendor expressly agrees that any such amendments or modifications shall come into effect immediately. If the vendor does not adhere to the changes, they must stop using the services at once. Their continuous use of the services will signify your acceptance of the changed terms.

Service Overview

The platform is a market place for vendors to sell agricultural products providing the service of listing agricultural products like seeds, fertilizers, pesticides, plant growth regulators, irrigation and farming tools and equipments of all agricultural needs. The vendor can give transport vehicle and equipment’s for rent, laborer, nursery, cattle, grass, manure.

Registration

The vendor shall provide the company with the documents necessary for registration like Pan Card, Aadhar Card, Vat/Tin/GST Certification, NEFT Certification provided by the bank and address and Id proof.

Vendors cannot register by linking either of the following social media accounts, Facebook, Google Plus. All registrations on the platform are free of cost and no vendor shall be charged for any such registration the platform.

Payment and Payment Terms

The company shall collect a commission fee from the vendor as part of onboarding the vendor and allowing the vendor to sell its products on the platform provided by the company.
The vendor shall provide a commission fee of Rs. ________________/- (in words) to the company for the purpose of selling its products on the company’s platform.
All payments from the vendor shall be remitted into the bank account details provided by the company post the execution of this agreement.
All additional features apart from the default features shall be beyond the scope of the services as specified under this agreement or that shall be introduced by the company to the vendor shall be charged additionally by the company.

Content

All the content displayed including but not limited to the illustrations, photographs and write-ups on the platform is created by the company and is subject to copyright and shall not be reused by any party (or a third party) without the prior written consent of the company and the copyright owner.
The vendors can submit their own guides/ write-ups. The same shall be reviewed by the company before it is displayed on the website and mobile application. The creator of the guide shall be credited as an author but all rights over the content, including but not limited to the copyright shall be vested with the company.

Indemnity

The vendors undertake to indemnify the platform and keep it indemnified against all proceedings, claims, expenses and liabilities whatsoever which may be taken or made against or incurred by the platform or by reasons of the premises for any comments, feedback or any other form of content created by them, which has been published by the company on the platform.

Limitation Of Liability

Not with standing anything in this agreement, both parties agree that all liabilities including originality, genuineness, quality, copyright and non-performance claims concerning the products would rest entirely with the vendor and the company would not have any liability in this matter.
The company would be responsible only in situations where the products are delivered directly by the company.
The company shall not be held liable in any other circumstances whatsoever.

Term & Termination

These terms shall continue to form a valid and binding contract between the parties and shall continue to be in full force and effect until the vendor continues to access and use the services and platforms.
A vendor may terminate their use of the services and the platform at any time.
The company may terminate these terms without notice and/or suspend or terminate a vendor’s access to the platform at any time and for any reason, if any discrepancy or legal issue arises.
Such suspension or termination shall not limit our right to take any other action against the vendor that the company considers appropriate.
It is also hereby declared that the company may discontinue the services and platforms without any prior notice.
The company and its members reserve the right, in its sole discretion, to unilaterally terminate the vendor’s access to sell the services or any portion thereof, at any time, without notice or cause.
The vendor shall continue to be bound by these terms and it is expressly agreed to by the parties that the vendor shall not have the right to terminate these terms till the expiry of the same.

Communication

By using this services and platforms and providing his/her identity and contact information to the company through the platform, the vendor hereby agrees and consents to receive calls, e-mails or SMS from the company or any of its representatives at any time.
Vendors can report to the company any grievances or suggestions that they have through e-mail, if they find any discrepancy with regard to the information generated on the platform, the company will take necessary action after an investigation. The response with resolution (if any issues found) shall be dependent on the time that is taken for investigation.

Vendor Obligations and Formal Undertakings as to Conduct

The vendor agrees and acknowledges that they are a restricted vendor of this platform and that they:

Authorize the platform to use, store or otherwise process certain personal information and all published content, reviews and ratings, comments and feedback for personalization of services, marketing and promotional purposes and for optimization of vendor-related options and services.
Agree not to access (or attempt to access) the platform and/or the materials or services by any means other than through the interface provided by the platform.
Expressly agree and acknowledge that the Content displayed on the platform is for purpose of reference only, under no circumstance shall the vendor construe the same as expert/ professional advice. The vendor may, however, report any offensive or objectionable content, which the company may then remove from the platform, at its sole discretion.
Expressly agrees to make good any losses suffered by the company or platform which result as a consequence of any act committed by the vendor including but not limited to acts of fraud, misrepresentation of information provided on the Company as expert advice or posting slanderous or libelous content in the form of comments or feedback.
Agrees that they are using the services of the platform and accessing the platform at their own risk with their prudent judgment and the company or platform shall not be responsible for any resultant losses suffered.
Agrees that the platform will be used by him solely for non-commercial use with the intent of gaining information about the featured services in the form of guides. No commercial endorsements will be made on the platform. This includes providing links to other platforms which may or may or may not be competitors of the company. In the event of detection of commercial activity by a Vendor, the platform will have the right to bar him from posting further comments or content on the platform.

Further

The vendor hereby expressly authorizes the company / platform to disclose any and all information relating to the vendor in the possession of the company / platform to law enforcement or other government officials, as the company may in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft/infringement of intellectual property. The vendor further understands that the company / platform might with to disclose any information (including the identity of persons providing information or materials on the platform) as necessary to satisfy any judicial order, law, regulation or valid governmental request.
The vendor agrees to use the services provided by the company, its affiliates, consultants and contracted companies, for lawful purposes only.
The vendor agrees not to post any material on the website and mobile application that is defamatory, offensive, obscene, indecent, abusive or needlessly distressful or advertising any goods or services. More specifically, the vendor agrees not to host, display, upload, update, publish, modify, transmit or in any manner share any information that:
- Belongs to another person and to which the Vendor has no right to; is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophile, libellous, invasive of another's privacy, hateful or racially, ethnically objectionable, disparaging or otherwise unlawful in any manner whatever; but not limited to "indecent representation of women" within the meaning of the indecent representation of women (prohibition) act, 1986.
- Violates any law for the time being in force.
- Deceives or misleads the other vendors

Intellectual Property Rights

Unless expressly agreed to in writing, nothing contained herein shall give the vendor a right to use any of the platform’s content which includes but is not limited to trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports, illustrations, photographs, write-ups save and other distinctive brand features according to the provisions of these terms.

Force Majeure

Neither the ccompany nor the pplatform shall be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to cause beyond its control or without its fault or negligence, due to force majeure events including but not limited to acts of war, acts of god, earthquake, riot, fire, festive activities sabotage, labour shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.

Dispute Resolution And Jurisdiction

It is expressly agreed to by the parties hereto that the formation, interpretation and performance of these terms and any disputes arising therefrom will be resolved through a two-step alternate dispute resolution (“ADR”) mechanism. It is further agreed to by the parties that the contents of this section shall survive even after the termination or expiry of the terms and/or policy.

Arbitration: In the event that the parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the company and the award passed by such sole arbitrator will be valid and binding on all parties. The parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either party to bear the entire cost of the proceedings. The arbitration shall be conducted in english and the seat of arbitration shall be in Andhra Pradesh.
The parties expressly agree that the terms, policy and any other agreements entered into between the parties are governed by the laws, rules and regulations of India.

Grievances

Any and all communication relating to any dispute or grievance experienced by the vendor may be communicated to the company by the vendor by emailing to info.agromom@gmail.com.

Miscellaneous Provisions

Entire Agreement: These terms, read with the policy, form the complete and final contract between the vendor and the company with respect to the subject matter hereof and supersedes all other communications, representations and agreements (whether oral, written or otherwise) relating thereto.
Waiver: The failure of either party at any time to require performance of any provision of these Terms shall in no manner affect such party's right at a later time to enforce the same. No waiver by either party of any breach of these terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these terms.
Severability: If any provision/clause of these terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions/clauses of these terms shall in no way be affected or impaired thereby and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the parties hereto, as expressed herein.
Contact Us: If you have any questions about this agreement, the practices of the platform, or your experience with the service, you can contact us at Toll Free : 1800 891 2773.

Vendor Terms & Conditions of Service & Use