Users making a purchase on the Website shall be referred to as the “Buyer” and Users selling their products and providing the Professional Services by listing them on the Website shall be referred to as the “Seller”.
The following other definitions apply in these Terms:
Marketplace – online platform developed by BPC Group for the purchasing and selling of agricultural products and providing quality / quality certification services and logistics and agricultural products transportation services, in a wide variety of formats, prices and locations;
Account – profile to be created by the User to have access and use of the Marketplace;
User – any person, natural or legal, who directly or through its agents or represebtatives uses the Marketplace to purchase agricultural products, to sell, to provide or to request the provision of Professional Services to any person registered in the Marketplace;
Professional Services – logistics and agricultural products transportation services and / or quantity / quality verification and certification services;
We may update our site from time to time, and may change the content and functionality at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our site, or any content on it, will be free from errors or omissions.
The Website is a platform that Users utilize to inter alia get required information, meet and interact with one another for their transactions and share their reviews about products and Sellers. The Company shall in no matter be held responsible for any opinion expressed, review made by any of the Users and/ or is not and cannot be a party to or control in any manner any transaction between the Users.
To access the services of the Marketplace, in addition to the acceptance of these Terms, it is necessary to create an Account. The process of creating an Account and obtaining the username and password requires the User to fill in certain personal information such as name, address, mobile phone number, email address, payment details, company data, among others.
The Marketplace only allows one Account per User, unless expressly provided otherwise.
The User guarantees the accuracy, completeness and timeliness of the information that he/she submits. If the information submitted proves to be false, incomplete or outdated, the Company may disable the User's access to the Marketplace.
You agree that all activities that occur through his/her Account (including but not limited to posting any information about the Product and / or the Professional Service, clicking to accept any additional terms or rules, subscribing or making any payment for any service or purchase of products, etc.) shall be considered as authorized by the User.
You agree that all activities that occur through the Account (including, without limitation, any information about the product and / or Professional Service, click to accept any additional terms or rules, to subscribe or make any payment For any service or purchase of products, among others will be considered as authorized by the User.
Further, You agree that by registering and using of the Website requires compatible hardware, Internet access (from a computer and/or mobile cellular device), and certain software, some of which may require obtaining upgrades or updates from time to time. All fees and costs related to a User's personal hardware, Internet access and software, including all upgrades and updates, shall be your sole financial responsibility.
With the creation of the Account, the User is entitled to access the network provided by the Marketplace, according to these Terms.
Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Website and shall not transact on or use the Website. As a minor if you wish to use or transact on Website, such use or transaction may be made by your legal guardian or parents on the Website.
The User is responsible for all activity in his/her Account and undertakes to always keep the security and confidentiality of his/her username and password.
The User undertakes to immediately notify the Company if he/she becomes aware of an unauthorized use or any other breach of security relating to his/her Account.
The Company reserves the right to suspend for any period of time it will define, to cancel, at its discretion and whenever it deems necessary, to the extent permitted by law, the Account of any User who violates or, regarding whom there is suspicion of violation, present or future, of any of the obligations under these Terms and / or the law, namely (i) in case of false information to be provided by the User, (ii) if it is brought to the Company's notice or if it is discovered that the User is under the age of 18 years or otherwise legally disqualified or incompetent to enter into contract as per the Indian Contract Act or any other laws applicable in India.
Buyers and Sellers are responsible for paying all expenses associated with conducting their respective businesses, whether selling, participating, or buying through Marketplace or accessing the Website.
The Company may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event the Company reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website.
Unless otherwise stated, all fees shall be quoted in Indian Rupees. You/ Users shall be solely responsible for compliance of all applicable laws including those in India for making payments to the Company, wherever applicable.
The fees described below as may be specified at Website are inclusive of all applicable taxes.
Subscribing to the Website is free to Buyers and Sellers/ However from time to time the Marketplace may introduce the additional services (“Paid Services”) charged by either one-time non-recurring fee or member subscription fee which is to be announced by Marketplace and additionally specified on the Website.
The Marketplace applies a transaction fee to all transactions within the Website and includes the transaction fee in the total price submitted to the Buyer for consideration.
Unless otherwise agreed by the Company and the Buyer, the resulting price for any purchase is included in the payment from the Buyer to the Seller or the third party for which the Seller is acting as authorized representative or agent.
Accordingly, each Seller acknowledges and agrees that all Marketplace fees are the property of Marketplace and that, as Seller, it will remit to the Company or, all Marketplace fees by the payment due date and that failure to do so will result in relevant Seller being subject to interest payments and other penalties, up to and including collections activity, reporting to credit and other business rating organizations, legal action, and web site access revocation.
Price Adjustments. We may modify our prices at any time or modify which Services are included. If we modify our price for any membership which renews automatically, we will give you notice, either in your account or through other means, of the new prices at least thirty (30) days before the beginning of the renewal term in which the prices will be effective. You agree to the new prices and authorize us to charge you accordingly.
Automatic Renewal. For Paid Services, you agree that we may automatically renew your membership and charge you up to seven days prior to the end of your current membership at the then-current applicable Membership rate, unless you have cancelled your membership, turned off automatic renewal, or automatic renewal is prohibited by the actual applicable law.
By listing a product on the Website, every Seller warrants that all such products are legally permitted to be sold. Each Seller further warrants that they shall provide most accurate description of the products to be sold on the Website. Listings may only include text, pictures and other content that the Company may permit from time to time. Sellers may charge reasonable fees for the Professional Services. Sellers may issue promotional codes for promotional purposes only and these are to be used against purchases from the issuing Seller's products only. Promotional codes have no cash value and cannot be exchanged for money or credit.
All sales on the Website are binding in nature on both the Buyer and Seller.
You agree and acknowledge that the Company is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the Website. Accordingly, the sale of products on the Website shall strictly be a bipartite agreement between you and the Sellers on the Website. The Company does not hold any title, right or interest in the products listed on the Website. We expressly disclaim all obligations and liabilities emanating from an agreement between you and the Sellers on the Website.
The Website operates as a market place and merely provides an online platform to various Sellers to advertise, display, make available and sell various products (including services ancillary to the products and services) to Users of the Website (“Products”) and Professional Services. The Website merely facilitates the engagement of the Users and various Sellers and provides such other services as are incidental and ancillary thereto. Additionally, the Website reserves the right to terminate the services offered at any time to the Users without any notice.
All Products exhibited on the Website are on an “as is” and “as available” basis. Images of products are for and by reference only and actual Product may vary from the corresponding image exhibited. The Website disclaims any liabilities arising out of any discrepancies to this end.
The Company hereby disclaims any guarantees of exactness as to the finish and appearance of the final Product as ordered by the User. The quality of any products, Services, information, or other material purchased or obtained by you through the Website is not endorsed or supported by the Company and is the sole liability of the respective Seller. Alterations to certain aspects of your order such as the merchandise brand, size, color etc. may be required due to limitations caused by availability of product difference in size charts of respective brands etc.
Prices for Products are subject to change without prior notice, and at any time whatsoever, irrespective of whether an item has been earmarked/wishlisted by the Buyer. The Website disclaims any and all claims and/or liabilities arising from such revision in prices.
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. All materials on this Website, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights under the applicable laws and treaties around the world.
We grant you a limited license to access and make personal use of this Website.
You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner/ the Company, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
No license for commercial sale: This license does not include any resale or commercial use of this website or its content; any collection and use of any product listing, description, or pricing; copying of account information for the benefit of another merchant; or any use of data mining, or similar data gathering and extraction tools.
No reproduction: This Website or any portion of this website may not be reproduced, duplicated, copied, sold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company or respective licensors.
No framing: You may not frame or utilize framing technologies to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company and its affiliates or respective licensors without the express written consent .
Metatags: You may not use any metatags or any other 'hidden text' utilizing the Company's name or trademarks without the express written consent of the Company or respective licensors. Any unauthorized use terminates the permission or license granted by the Company or respective licensors.
You shall be solely responsible for any notes, messages, emails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Website (collectively, "User Content").
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access our site.
You must not misuse our site by knowingly introducing viruses, trojans, x worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would be subject to the liability under the Information Technology Act, 2000. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
The Company prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area. This policy extends to text within listings, on Seller pages and all other areas of the site that another User may view. If the profane words are part of a title for the item being sold, we allow Sellers to 'blur' out the bulk of the offending word with asterisks (i.e., s*** or f***).
If a feedback comment; or any communication made between Users on the Website; or email communication between Users in relation to transactions conducted on Website contain profanity, please review Our feedback removal policy and submit a request for action/removal. Disciplinary action may result in the indefinite suspension of a User's account, temporary suspension, or a formal warning. The Company will consider the circumstances of an alleged policy violation and the user's trading records before taking action.
These terms and conditions will be construed only in accordance with the laws of India. In respect of all matters/disputes arising out of, in connection with or in relation to these terms and conditions or any other conditions on this website, only the competent Courts at Mumbai, Maharashtra, India shall have jurisdiction, to the exclusion of all other courts.
THIS SITE IS PROVIDED BY THE COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
THE COMPANY DOES NOT WARRANT THAT THE SITE, ITS SERVERS, OR EMAIL SENT FROM THE COMPANY ARE FREE OF VIRUS OR OTHER HARMFUL COMPONENTS. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
The Company shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website. The User understands and agrees that any material and/or data downloaded from Website is done entirely at Users own discretion and risk and they will be solely responsible for any damage to their equipment or loss of data that results from the download of such material and/or data.
The Company shall not be liable for any dispute or disagreement between Users.
"Cookies" are small identifiers sent from a web server and stored on your computer's hard drive, that help us to recognize you if you visit our website again.
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice.
Unless otherwise specified, the products/items listed on the Website are solely for the purpose of delivery in India. The Website shall under no circumstance be held liable for use or availability of Products for use in locations/countries other than India.
All notices to be issued pursuant to these Terms shall be served to the User by email or by general notification on the Website. Any notice to be sent to the Website pursuant to these Terms shall be sent by e-mail firstname.lastname@example.org.
In accordance with Information Technology Act 2000 and rules made there under, in case you have any grievances about the use of this Website / any of the policies for use / availing the services on the Website, you may contact the grievance officer appointed by us. The name and contact details of the Grievance Officer are provided below:
Address: BPC | Office No.07-106, 7th Floor, C Wing, Near Guest Lift, A.H.U.NESCO IT Park, NESCO IT Building, W E Highway, Goregaon East, Mumbai - 400063, Maharashtra.
Any failure or delay by a party to enforce or exercise any provision of these Terms, or any related right, shall not constitute a waiver by such party of that provision or right. The exercise of one or more of a party's rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to such party under these Terms or in law or at equity. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.
Nothing in these Terms shall constitute or be deemed to constitute a partnership, joint venture, agency or the like between the parties hereto or confer on any party any authority to bind the other party or to contract in the name of the other party or to incur any liability or obligation on behalf of the other party.
If performance of any Service under these Terms by the Website is prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, inducement of any virus, Trojan or other disruptive mechanisms, any event of hacking or illegal usage of the website, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of the Website and could not have been prevented by reasonable precautions then the Company shall be excused and discharged from such performance to the extent of and during the period of such force majeure event, and such non-performance shall, in no manner whosoever, amount to a breach by the Website of its obligations herein.
Addendum Agreement for Sellers - applicable for members opting for Value Added Services (VAS).
Addendum Agreement for Buyers - applicable for members opting for Value Added Services (VAS).
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