Terms and Condition
1.1 This document (“T&C”) is an electronic record in terms of: (i) Information Technology Act, 2000; (ii) the rules framed there under as applicable; and (iii) the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
1.3 The Platform is owned, registered and operated by “Bhavi Greenlab Private Limited” (“Company”, “we”, “our” or “us”), a private limited company, incorporated under the provisions of the Companies Act, 2013 and having its registered office at 428,Pramukh Tangent,Sargasan Cross Road,S.G.Highway,Sargasan,Gandhinagar 382421,GUJARAT.
1.6 We reserve the right to change the T&C at any time without notice posting changes on our Website and you shall be liable to update yourself of such changes, if any, by accessing the changes on the Website.
1.7 In order to access or use the Services, you must be 18 years of age or over. If you are under 18 and you wish to access or use the Services, your parents or legal guardian must acknowledge and agree to this T&C. Should your parents or legal guardian fail to agree or acknowledge the T&C, you shall immediately discontinue its use.
1.8 You can access the Services on your mobile phones, tablets, laptops or other electronic devices (“Devices”) by registering to become a user (“User”) in accordance with the Use of the Services
1.9 You agree to use and access the Services in accordance with the User Conduct.
1.10 The availability of the Services, security and accuracy is subject to our Availability of Services, Security and Accuracy Policy.
2. PASSWORD SECURITY
If you register on the Platform, you are responsible for maintaining the confidentiality of your identification and password information, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your member identification and password.
3.1 THE PLATFORM MAY BE UNDER CONSTANT UPGRADES, AND SOME FUNCTIONS AND FEATURES MAY NOT BE FULLY OPERATIONAL.
3.2 WE DISCLAIM ANY LIABILITY ARISING DUE TO THE VAGARIES THAT CAN OCCUR IN THE ELECTRONIC DISTRIBUTION OF INFORMATION.
3.3 YOU ACKNOWLEDGE THAT THIRD PARTY SERVICES ARE AVAILABLE ON THE PLATFORM. WE MAY HAVE FORMED PARTNERSHIPS OR ALLIANCES WITH SOME OF THESE THIRD PARTIES FROM TIME TO TIME IN ORDER TO FACILITATE THE PROVISION OF CERTAIN SERVICES TO YOU. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT AT NO TIME ARE WE MAKING ANY REPRESENTATION OR WARRANTY REGARDING ANY THIRD PARTY'S SERVICES NOR WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENCES OR CLAIMS ARISING FROM OR IN CONNECTION WITH SUCH THIRD PARTY INCLUDING, AND NOT LIMITED TO, ANY LIABILITY OR RESPONSIBILITY FOR, DEATH, INJURY OR IMPAIRMENT EXPERIENCED BY YOU OR ANY THIRD PARTY. YOU HEREBY DISCLAIM AND WAIVE ANY RIGHTS AND CLAIMS YOU MAY HAVE AGAINST US WITH RESPECT TO THIRD PARTY’S SERVICES.
3.4 YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE PLATFORM. THE SERVICES ARE AVAILABLE “AS IS,” AND “AS AVAILABLE”. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE PLATFORM, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
3.5 WE DO NOT WARRANT USE OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ERRORS WILL BE DETECTED OR CORRECTED. WE DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY COMPUTER VIRUSES, BUGS, MALICIOUS CODE OR OTHER HARMFUL COMPONENTS, DELAYS, INACCURACIES, ERRORS OR OMISSIONS, OR THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF THE INFORMATION DISCLOSED OR ACCESSED THROUGH THE SERVICES.
3.6 IN NO EVENT, UNDER NO LEGAL OR EQUITABLE THEORY (WHETHER TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE), SHALL WE OR ANY OF OUR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS OR AFFILIATES, BE LIABLE HEREUNDER OR OTHERWISE FOR ANY LOSS OR DAMAGE OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM THE USE OF THE PLATFORM / SERVICES OR OUR AGREEMENT WITH YOU CONCERNING THE SERVICES, INCLUDING, BUT NOT LIMITED TO, (I) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, AND ANY COMPENSATORY, DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, LOST ANTICIPATED PROFITS, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
3.7 IF WE ARE HELD LIABLE TO YOU IN A COURT OF COMPETENT JURISDICTION FOR ANY REASON, IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES IN EXCESS OF INR 100/-.
You agree to indemnify and hold us and our affiliates, successors and assigns, officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, and operational service providers harmless from and against any and all losses, expenses, damages, costs and expenses (including attorneys’ fees), resulting from your use of the Services and / or any violation of this T&C. We reserve the right to assume the exclusive defense and control of any demand, claim or action arising hereunder or in connection with the Platform and all negotiations for settlement or compromise. You agree to fully cooperate with us in the defense of any such demand, claim, action, settlement or compromise negotiations, as requested by us.
5. INTELLECTUAL PROPERTY
5.1 We are the owner or the licensee of all intellectual property rights in the Platform, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
5.2 You are prohibited from using any of the marks or logos appearing throughout the Platform without permission from the trademark owner, except as permitted by applicable law.
5.3 You must not modify or use any illustrations, photographs, video or audio sequences or any graphics available on the Platform separately from any accompanying text.
5.4 You must not use any part of the materials on the Platform for commercial purposes without obtaining a licence to do so from us or our licensors.
5.5 If you print, copy or download any part of the Platform in breach of these T&C, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
6. TREATMENT OF INFORMATION PROVIDED BY YOU
7. THIRD PARTY CONTENT
Your access to third party content shall be governed by our Third Party Content Policy.
If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction which that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining T&C shall survive, remain in full force and effect and continue to be binding and enforceable.
You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.
10. INDEPENDENT CONTRACTOR
Nothing contained in this T&C shall be construed to create the relationship of employer and employee, principal and agent, partnership or joint venture, or any other fiduciary relationship.
11. NO THIRD-PARTY BENEFICIARIES
User acknowledges and agrees that this Agreement shall in no event be construed as a third party beneficiary contract, and that it is not intended for the benefit of any person or company whomsoever except the parties hereto.
12. GOVERNING LAW AND DISPUTE RESOLUTION
This T&C shall be governed by and constructed in accordance with the laws of India, without reference to conflict of laws principles. The courts in Gandhinagar - Gujarat shall have exclusive jurisdiction to determine any disputes arising in relation to, or under, the terms of this T&C. You agree to submit to the jurisdiction of the courts in Gandhinagar - Gujarat and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts.