Terms and Condition
HI Wellness Private Limited, 212, 2nd Floor, Okhla Phase III, New Delhi- 110020 is one of the most accountable organization engaged in organic farming in India, which takes care of the requirements of its clients and owns an online shopping portal- Bagdara Farms. However it applies some terms & condition to maintain trust worthy relationship with its clients. While accessing, using, browsing or making a purchase through Bagdara Farms, users have to accept that they have agreed to the terms and conditions of our portal. In case of any violation, Bagdara Farms and its associates reserve all the rights for taking any legal action(s) against them. AGREEMENT BETWEEN CUSTOMER AND Bagdara Farms
The Product shall be delivered within 5-10 working days!
APPLICABILITY OF THE AGREEMENT
1.1 This agreement (“customer agreement” or “Agreement”) incorporates the terms and conditions for Bagdara Farms and its affiliate or associate companies (Hereinafter called or referred to as “Bagdara Farms“) to provide products to the person(s) (“the Customer”) intending to purchase or inquiring for any of the products of Bagdara Farms by using Bagdara Farms websites or using any other customer interface channels of Bagdara Farms which includes its sales or marketing persons, offices, call centres, advertisements, information campaigns ,public broadcastings, etc.
1.2 Both Customer and Bagdara Farms are individually referred as ‘party’ to the agreement and collective referred to as ‘parties’.
INTERPRETATION AND GENDER
2.1 The terms and conditions herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine, feminine and neuter form. The words “include”, “includes” and “including” shall be deemed to be followed by the phrase “without limitation”. Unless the context otherwise requires, the terms “herein”, “hereof”, “hereto”, ‘hereunder” and words of similar import refer to this agreement as a whole.
3.1 The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this agreement, terms and conditions, notices, or the right to use this website by the Customer contained herein or any other section or pages of Bagdara Farms Websites or its partner websites or any provision hereof in any manner whatsoever.
3.2 In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular Bagdara Farms website, then these terms shall control.
CUSTOMER’S RESPONSIBILITY OF KNOWLEDGE OF THIS AGREEMENT
4.1 The Customers availing products from Bagdara Farms shall be deemed to have read, understood and expressly accepted the terms and conditions of this agreement, which shall govern the desired transaction or provision of such products by Bagdara Farms for all purposes, and shall be binding on the Customer. All rights and liabilities of the Customer and/or Bagdara Farms with respect to any product to be provided by Bagdara Farms shall be restricted to the scope of this agreement.
4.2 Bagdara Farms reserves the right, in its sole discretion, to terminate the access to any or all Bagdara Farms websites or its other sales channels and the related products or any portion thereof at any time, without notice, for general maintenance or any reason of whatsoever nature.
4.3 In addition to this Agreement, there are certain terms of service (TOS) specific to the products provided by Bagdara Farms like organic haldi, organic rice, etc. Such TOS will be provided/ updated by Bagdara Farms which shall be deemed to be a part of this Agreement and in the event of a conflict between such TOS and this Agreement, the terms of this Agreement shall prevail. The Customer shall be required to read and accept the relevant TOS for the service/ product availed by the Customer.
4.4 Additionally, the Product Provider- Bagdara Farms will provide terms and guidelines that govern particular features, offers or the operating rules and policies applicable to each product. The Customer shall be responsible for ensuring compliance with the terms and guidelines or operating rules and policies of Bagdara Farms with whom the Customer choose to deal with, including terms and conditions set forth in the rules, contract of carriage or other rules.
4.5 Bagdara Farms products are offered to the Customer conditioned on acceptance without modification of all the terms, conditions and notices contained in this Agreement and the TOS, as may be applicable from time to time. For the removal of doubts, it is clarified that the purchase of the product by the Customer constitutes an acknowledgement and acceptance by the Customer of this Agreement and the TOS. If the Customer does not agree with any part of such terms, conditions and notices, the Customer must not avail Bagdara Farms products.
4.6 In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any other Bagdara Farms document, then these terms shall control or rule.
THIRD PARTY ACCOUNT INFORMATION
5.1 By using the Account Access service in Bagdara Farms websites, the Customer authorizes Bagdara Farms and its agents to access third party sites, including that of Banks and other payment gateways, designated by them or on their behalf for retrieving requested information.
5.2 While registering, the Customer will choose a password and is responsible for maintaining the confidentiality of the password and the account.
5.3 The Customer is fully responsible for all activities that occur while using their password or account. It is the duty of the Customer to notify Bagdara Farms immediately in writing of any unauthorized use of their password or account or any other breach of security. Bagdara Farms will not be liable for any loss that may be incurred by the Customer as a result of unauthorized use of his password or account, either with or without his knowledge. The Customer shall not use anyone else’s password at any time.
PAYMENT OF FEES
6.1 Bagdara Farms reserves the right to charge listing fees for certain listings, as well as transaction fees based on certain completed transactions using the services. Bagdara Farms further reserves the right to alter any and all fees from time to time, without notice.
6.2 The Customer shall be completely responsible for all charges, fees, duties, taxes, and assessments arising while buying a product.
6.3 In case, there is a short charging by Bagdara Farms for listing, product or transaction fee or any other fee or service because of any technical or other reason, it reserves the right to deduct/charge/claim the balance subsequent to the transaction at its own discretion.
6.4 In the rare possibilities, wherein the product does not reach you, for any reason whatsoever, we will process the refund and intimate you of the same. All subsequent further purchases will be treated as new transactions with no reference to the earlier unconfirmed purchase.
6.5 The Customer shall request Bagdara Farms for any refunds against the non- delivery of order for any reasons within 90 days from the date of departure for the order. Any applicable refunds would accordingly be processed as per the defined policies of Bagdara Farms as the case may be. No refund would be payable for any requests made after the expiry of 90 days as above and all unclaimed amounts for such a non- delivery of product shall be deemed to have been forfeited.
7.1 Any information which is specifically mentioned by Bagdara Farms as Confidential shall be maintained confidential by the Customer and shall not be disclosed unless as required by law or to serve the purpose of this agreement and the obligations of both the parties therein.
USING MOBILE NUMBER OF THE CUSTOMER BY Bagdara Farms
8.1 Bagdara Farms may send order confirmation or dispatch information, cancellation, payment confirmation, refund status, schedule change or any such other information relevant for the transaction, via SMS or by voice call on the contact number given by the Customer at the time of purchase; Bagdara Farms may also contact the Customer by voice call, SMS or email in case the Customer couldn’t or hasn’t concluded the purchase, for any reason what so ever, to know the preference of the Customer for concluding the purchase and also to help the Customer for the same. The Customer hereby unconditionally consents that such communications via SMS and/ or voice call by Bagdara Farms is (a) upon the request and authorization of the Customer, (b) ‘transactional’ and not an ‘unsolicited commercial communication’ as per the guidelines of Telecom Regulation Authority of India (TRAI) and (c) in compliance with the relevant guidelines of TRAI or such other authority in India and abroad. The Customer will indemnify Bagdara Farms against all types of losses and damages incurred by Bagdara Farms due to any action taken by TRAI, Access Providers (as per TRAI regulations) or any other authority due to any erroneous compliant raised by the Customer on Bagdara Farms with respect to the intimations mentioned above or due to a wrong number or email id being provided by the Customer for any reason whatsoever.
ONUS OF THE CUSTOMER
9.1 Bagdara Farms is responsible only for the transactions that are done by the Customer through Bagdara Farms. Bagdara Farms will not be responsible for screening, censoring or otherwise controlling transactions, including whether the transaction is legal and valid as per the laws of the land of the Customer.
9.2 The Customer warrants that they will abide by all such additional procedures and guidelines, as modified from time to time, in connection with the use of the products. The Customer further warrants that they will comply with all applicable laws and regulations regarding use of the products with respect to the jurisdiction concerned for each transaction.
9.3 The Customer represent and confirm that the Customer is of legal age to enter into a binding contract and is not a person barred from availing the Services under the laws of India or other applicable law(s).
10.1 Unless explicitly provided by Bagdara Farms in any specific product or delivery, obtaining sufficient insurance coverage is the obligation/option of the Customer and Bagdara Farms doesn’t accept any claims arising out of such scenarios.
10.2 Insurance, if any provided as a part of the product by Bagdara Farms shall be as per the terms and conditions of the insuring company. The Customer shall contact the insurance company directly for any claims or disputes and Bagdara Farms shall not provide any express or implied undertakings for acceptance of the claims by the insurance company.
ADVERTISERS ON Bagdara Farms OR LINKED WEBSITES
11.1 Bagdara Farms is not responsible for any errors, omissions or representations on any of its pages or on any links or on any of the linked website pages. Bagdara Farms does not endorse any advertiser on its web pages in any manner. The Customers are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
11.2 The linked sites are not under the control of Bagdara Farms and Bagdara Farms is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Bagdara Farms is providing these links to the Customers only as a convenience and the inclusion of any link does not imply endorsement of the site by Bagdara Farms.
FORCE MAJURE SITUATIONS
12.1 The Customer agrees that there can be exceptional circumstances where the delivery agency may be unable to honour the confirmed delivery due to various reasons like climatic conditions, labour unrest, insolvency, business exigencies, government decisions, operational and technical issues, etc. If Bagdara Farms is informed in advance of such situations where dishonour of purchases may happen, it will make its best efforts to provide similar alternative to its customers or refund the purchase amount after reasonable service charges, if supported and refunded by that respective delivery service operator. The Customer agrees that Bagdara Farms being an agent for facilitating the purchase services shall not be responsible for any such circumstances and the customers have to contact that service provider directly for any further resolutions and refunds.
12.2 The Customer agrees that in situations due to any technical or other failure in Bagdara Farms, products committed earlier may not be provided or may involve substantial modification. In such cases, Bagdara Farms shall refund the entire amount received from the customer for availing the products minus the applicable cancellation, refund or other charges, which shall completely discharge any and all liabilities of Bagdara Farms against such non-provision of services or deficiencies. Additional liabilities, if any, shall be borne by the Customer.
12.3 Bagdara Farms shall not be liable for delays or inabilities in performance or non-performance in whole or in part of its obligations due to any causes that are not due to its acts or omissions and are beyond its reasonable control, such as acts of God, fire, strikes, embargo, acts of government, acts of terrorism or other similar causes, problems at airlines, rails, buses, hotels or transporters end. In such event, the Customer affected will be promptly given notice as the situation permits.
12.4 Without prejudice to whatever is stated above, the maximum liability on part of Bagdara Farms arising under any circumstances, in respect to any product offered on the site, shall be limited to the refund of total amount received from the customer for availing the product less any cancellation, refund or others charges, as may be applicable. In no case the liability shall include any loss, damage or additional expense whatsoever beyond the amount charged by Bagdara Farms for its products.
12.5 In no event shall Bagdara Farms and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever 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 Bagdara Farms website(s) or any other channel . Neither shall Bagdara Farms be responsible for the delay or inability to use the Bagdara Farms websites or related products, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Bagdara Farms website(s), or otherwise arising out of the use of the Bagdara Farms website(s), whether based on contract, tort, negligence, strict liability or otherwise.
12.6 Bagdara Farms is not responsible for any errors, omissions or representations on any of its pages or on any links or on any of the linked website pages.
SAFETY OF DOWNLOADED DATA
13.1 The Customer understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the Service 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.
13.2 Nevertheless, Bagdara Farms will always make its best endeavors to ensure that the content on its websites or other information channels are free of any virus or such other malwares.
FEEDBACK FROM CUSTOMERS AND SOLICITATION
15.1 Bagdara Farms provide the Customer with contents such as sound, photographs, graphics, video or other material contained in sponsor advertisements or information. This material may be protected by copyrights, trademarks, or other intellectual property rights and laws.
15.2 The Customer may use this material only as expressly authorized by Bagdara Farms and shall not copy, transmit or create derivative works of such material without express authorization.
15.3 The Customer acknowledges and agrees that he/she shall not upload post, reproduce, or distribute any content on or through the Services that is protected by copyright or other proprietary right of a third party, without obtaining the written permission of the owner of such right.
15.4 Any copyrighted or other proprietary content distributed with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the Customer to personal liability or criminal prosecution.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
17.1 Unless otherwise specified, the Bagdara Farms products are for the Customer’s personal and non – commercial use. The Customer may not modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Bagdara Farms website(s) without the express written approval from Bagdara Farms.
18.1 The Customer agrees to indemnify, defend and hold harmless Bagdara Farms and/or its affiliates or associates, their websites and their respective lawful successors and assigns from and against any and all losses, liabilities, claims, damages, costs and expenses (including reasonable legal fees and disbursements in connection there with and interest chargeable thereon) asserted against or incurred by Bagdara Farms and/or its affiliates, partner websites and their respective lawful successors and assigns 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 the Customer pursuant to this agreement.
18.2 The Customer shall be solely and exclusively liable for any breach of any country specific rules and regulations or general code of conduct and Bagdara Farms cannot be held responsible for the same.
RIGHT TO REFUSE
19.1 Bagdara Farms at its sole discretion reserves the right to not to accept any customer order without assigning any reason thereof. Any contract to provide any product by Bagdara Farms is not complete until full money for the product is received from the customer and accepted by Bagdara Farms.
19.2 Without prejudice to the other remedies available to Bagdara Farms under this agreement, the TOS or under applicable law, Bagdara Farms may limit the Customer’s activity, or end the Customer’s listing, warn other Customers of the Customer’s actions, immediately temporarily/indefinitely suspend or terminate the Customer’s registration, and/or refuse to provide the Customer with access to the website if:
19.2.1 The Customer is in breach of this agreement, the TOS and/or the documents it incorporates by reference; 19.2.2 Bagdara Farms is unable to verify or authenticate any information provided by the Customer; or 19.2.3 Bagdara Farms believes that the Customer’s actions may infringe on any third party rights or breach any applicable law or otherwise result in any liability for the Customer, other Customers of the website and/or Bagdara Farms.
19.3 Bagdara Farms may at any time in its sole discretion reinstate suspended Customers. Once the Customer have been indefinitely suspended the Customer shall not register or attempt to register with Bagdara Farms or use the website in any manner whatsoever until such time that the Customer is reinstated by Bagdara Farms.
19.4 Notwithstanding the foregoing, if the Customer breaches this agreement, the TOS or the documents it incorporates by reference, Bagdara Farms the right to recover any amounts due and owing by the Customer to Bagdara Farms and/or the service provider and to take strict legal action as Bagdara Farms deems necessary.
RIGHT TO CANCELLATION BY Bagdara Farms CASE OF INVALID INFORMATION FROM CUSTOMER
20.1 The Customer expressly undertakes to provide to Bagdara Farms only correct and valid information while requesting for any product under this agreement, and not to make any misrepresentation of facts at all. Any default on part of the Customer would vitiate this agreement and shall disentitle the Customer from availing the products from Bagdara Farms.
20.2 In case Bagdara Farms discovers or has reasons to believe at any time during or after receiving a request for products from the Customer that the request for products is either unauthorized or the information provided by the Customer or any of them is not correct or that any fact has been misrepresented by him/her, Bagdara Farms in its sole discretion shall have the unrestricted right to take any steps against the Customer(s), including cancellation of the purchases, etc. without any prior intimation to the Customer. In such an event, Bagdara Farms shall not be responsible or liable for any loss or damage that may be caused to the Customer or any of them as a consequence of such cancellation of purchase or services.
20.3 The Customer unequivocally indemnifies Bagdara Farms of any such claim or liability and shall not hold Bagdara Farms responsible for any loss or damage arising out of measures taken by Bagdara Farms for safeguarding its own interest and that of its genuine customers. This would also include Bagdara Farms denying/cancelling any purchases on account of suspected fraud transactions.
21.1 If any provision of this agreement 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 this Agreement shall continue to be in full force and effect.
22.1 None of the provisions of any agreement, terms and conditions, notices, or the right to use this website by the Customer contained herein or any other section or pages of Bagdara Farms Websites or its partner websites, shall be deemed to constitute a partnership between the Customer and Bagdara Farms and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way.
UPDATION OF THE INFORMATION BY Bagdara Farms
23.1 Customer acknowledges that Bagdara Farms provides products with reasonable diligence and care. It endeavors its best to ensure that Customer does not face any inconvenience. However, at some times, the information, software, products, and services included in or available through the Bagdara Farms websites or other sales or marketing channels and ad-materials may include inaccuracies or typographical errors which will be immediately corrected as soon as Bagdara Farms notices them. Changes are/may be periodically made/added to the information provided such. Bagdara Farms may make improvements and/or changes in the Bagdara Farms websites at any time without any notice to the Customer. Any advice received except through an authorized representative of Bagdara Farms via the Bagdara Farms websites should not be relied upon for any decisions.
24.1 Bagdara Farms reserves the right to change the terms, conditions, and notices under which the Bagdara Farms websites are offered, including but not limited to the charges. The Customer is responsible for regularly reviewing these terms and conditions.
JURISDICTION AND GOVERNING LAW
25.1 Bagdara Farms hereby expressly disclaims any implied warranties imputed by the laws of any jurisdiction or country other than those where it is operating its offices. Bagdara Farms considers itself and intends to be subject to the jurisdiction only of the courts of Pune, India. This agreement and each TOS shall be governed by and constructed in accordance with the laws of India.
RESPONSIBILITIES OF THE CUSTOMER VIS-À-VIS THE AGREEMENT
26.1 Bagdara Farms may change the features or functionality of the products at any time, in their sole discretion, without notice. Bagdara Farms expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. No advice or information, whether oral or written, which the Customer obtains from Bagdara Farms or through the services shall create any warranty not expressly made herein or in the terms and conditions of the products. If the Customer does not agree with any of the terms above, they are advised not to read the material on any of the Bagdara Farms pages or otherwise use any of the contents, pages, information or any other material provided by Bagdara Farms. The sole and exclusive remedy of the Customer in case of disagreement, in whole or in part, of the Customer agreement, is to discontinue using the services after notifying Bagdara Farms in writing.