Plantix Dukaan - Terms of Use

Last modified: 23 June 2023
Version: 2023/06/T&C_v.2.0

Welcome to Plantix Dukaan! These terms and conditions (“Terms of Use”) and the privacy policy (“Privacy Policy”) (collectively “User Agreement”) form an electronic record in terms of Information Technology Act, 2000 (“IT Act”) and rules made there under, as applicable, and the amended provisions pertaining to electronic records in various statutes, as amended from time to time.

This User Agreement is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 that require publishing the rules and regulations, privacy policy and terms and conditions for access or usage of Plantix Dukaan through the mobile software application titled: Plantix (“Application”) and website (“Website”) (Application and Website collectively referred to as the “Platform”), operated by Plantix Agritech India Private Limited, a company incorporated under the laws of India and its registered office at Skye Earth Corporate Tower / 16th floor, 105, AB Rd, Sector C, Slice 5, Part II, Shalimar Township, Indore, Madhya Pradesh 452011, India (“Plantix”, “Us”, the “Company”).

  1. 1. Platform merely a venue

    1. 1.1.

      Platform acts as a match-making platform for User(s) to negotiate and interact with other User(s) for entering into negotiations in respect thereof for sale or supply of goods or services. Plantix or any of its affiliates are not parties to any negotiations that take place between the User(s) of the Platform and are further not parties to any agreement including an agreement for sale or supply of goods or services or otherwise, concluded between the User(s) of the Platform.

    2. 1.2.

      Plantix does not control and is not liable in respect of or responsible for the quality, safety, genuineness, lawfulness or availability of the products or services offered for sale or advertised on the Platform or the ability of the User(s) selling or supplying the goods or services to complete a sale (“Sellers”) or the ability of User(s) purchasing goods or services to complete a purchase (“Buyers”). The Seller and the Buyer are collectively referred to as the User, You, Your(s), as the context may require. This agreement shall not be deemed to create any partnership, joint venture, or any other joint business relationship between Plantix and any other party.

  2. 2. Your Account and Registration Obligations

    1. 2.1.

      If you use the Platform, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. 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, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Platform and refuse to provide You with access to the Platform.

  3. 3. Communications Consent and Privacy Policy

    1. 3.1.

      By using and/or registering yourself on the Platform, and providing Your personal data including but not limited to name, email addresses, phone numbers or other personal information. You authorize and provide your consent to the Company (including its representatives, affiliates, and its business partners) to collect, store, export, process, use and transfer your personal data for the purposes of managing, maintaining, enhancing and administration of the Platform. You authorise and provide your consent us to contact you, directly or through our representatives via phone calls, SMS notifications, mobile applications and/or any other electronic mode of communication for/in relation:

      - fulfilment of Services under this Platform;

      - provide details of other/new services offered by the Company or impart product knowledge;

      - to collect feedback in relation to the Services and the Platform.

      The collection, storing, export, processing, use and transfer of information shared by You shall be governed in accordance with the Privacy Policy.

      You hereby agree that you authorize the Company and/or its Sellers to contact you via phone for the above mentioned purposes even if you have registered yourself under Do Not Disturb (DND) Registry or National Do Not Call (DNC) or National Customer Preference Register (NCPR) service(s). You permit the Company to produce these Terms of Use to any governmental authority or agency, judicial authority or regulator as proof of Your consent to contact you.

    2. 3.2.

      The personal information / data including but not limited to the information provided by You to the Platform /Pay Facility (if applicable) during the course of You being a registered User shall be retained in accordance with the Privacy Policy published on the Platform from time to time which is incorporated herein by reference and applicable Laws including but not limited to Information Technology Act, 2000 and rules there under. If You do not agree to Your information being transferred or used in this way, please do not use the Platform.

    3. 3.3.

      The Company views the protection of User’s privacy as a very important community principle. The Company clearly understands that You and the personal information provided by You is one of the most important assets to the Company. The Company stores and processes the information provided by You that are protected by physical as well as reasonable technological security measures and procedures in compliance with the applicable Law.

  4. 4. Use of Platform for Transaction

    1. 4.1.

      The Platform is a platform that users utilize to meet and interact with one another for their transactions. Plantix is not and cannot be a party to or control in any manner any transaction with the Platform’s users. The Platform is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. Plantix is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer.

    2. 4.2.

      All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. Plantix does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers. All discounts, offers (including exchange offers) are by the Seller/Seller’s brand and not by Plantix.

    3. 4.3.

      Plantix does not make any representation or warranty as to specifics (such as quality, value, salability, etc.) of the products or services proposed to be sold or offered to be sold or purchased on the Platform. Plantix does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Platform. Plantix accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

    4. 4.4.

      Plantix is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. Plantix cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Platform. Plantix shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.

    5. 4.5.

      Plantix does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its Users. You are advised to independently verify the bonafides of any particular User that You choose to deal with on the Platform and use Your best judgment on that behalf.

    6. 4.6.

      Plantix does not at any point of time during any transaction between Buyer and Seller on the Platform come into or take possession of any of the products or services offered by Seller nor does it at any point gain title to or have any rights or claims over the products or services offered by Seller to Buyer.

    7. 4.7.

      At no time shall Plantix hold any right, title or interest over the products nor shall Plantix have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. Plantix is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.

    8. 4.8.

      The Buyer shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the Seller(s) that the Buyer transacts with.

    9. 4.9.

      You release and indemnify Plantix and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Platform and specifically waive any claims that you may have in this behalf under any applicable law.

    10. 4.10.

      Notwithstanding its reasonable efforts, Plantix cannot take responsibility or control the information provided by other Users which is made available on the Platform. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Platform.

    11. 4.11.

      Please note that there could be risks in dealing with underage persons or people acting under false pretence.

  5. 5. Interaction between Users

    1. 5.1.

      Plantix provides an on-line platform to facilitate interaction between Buyers and Sellers of products and services. Plantix does not represent the seller or the buyer in transactions and does not charge any commission for enabling any transaction. Plantix does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Platform or the ability of the Sellers to complete a sale or the ability of Buyers to complete a purchase. User(s) are cautioned that there may be risks of dealing with people acting under false pretences on the Platform. Platform uses several tools and techniques to verify the accuracy and authenticity of the information provided by User(s). Plantix however, cannot and does not confirm each User(s)’s purported identity on the Platform. Plantix encourages User(s) to evaluate the User(s) with whom they would like to deal with and use common prudence while dealing with them.

    2. 5.2.

      User(s) agree to fully assume the risks of any transactions ("Transaction Risks") conducted on the basis of any content, information or any other material provided on the Platform and further assume the risks of any liability or harm of any kind arising due to or caused in connection with any subsequent activity relating to any products or services that are the subject of any such transaction.

    3. 5.3.

      Such risks include, but are not limited to, misrepresentation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost miscalculations, breach of warranty, breach of contract and transportation accidents.

    4. 5.4.

      Such risks also include the risks that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Platform may violate or may be asserted to violate Third Party Rights, and the risk that that User(s) may incur costs of defense or other costs in connection with third parties' assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants.

    5. 5.5.

      Such risks further include the risks that the purchasers, end-users of products or others claiming to have suffered injuries or harms relating to product originally obtained by User(s) of the Platform as a result of purchase and sale transactions in connection with using any content, information or any other material provided on the Platform may suffer harms and/or assert claims arising from their use of such products.

    6. 5.6.

      User(s) agree that Plantix shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may occur/arise as a result of or in connection with any Transaction Risks. User(s) are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of any content, information or any other material provided on the Web Site , including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage. In the event of a dispute with any party to a transaction, User(s) agrees to release and indemnify Plantix (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction

  6. 6. Charges

    1. 6.1.

      Plantix does not charge any fee for browsing and buying on the Platform. Plantix reserves the right to change its fee policy from time to time. In particular, Plantix may at its sole discretion introduce new services and modify some or all of the existing services offered on the Platform. In such an event Plantix 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 fee policy shall be posted on the Platform and such changes shall automatically become effective immediately after they are posted on the Platform. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments.

  7. 7. User Obligations

    1. You agree, undertake and confirm that Your use of Platform shall be strictly governed by the following binding principles:
    2. 7.1.

      You shall not host, display, upload, modify, publish, transmit, update or share any information which:

      - belongs to another person and to which You does not have any right to;

      - is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;

      - is misleading in any way;

      - is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;

      - harasses or advocates harassment of another person;

      - involves the transmission of "junk mail","chain letters", or unsolicited mass mailing or "spamming";

      - promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;

      - infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];

      - promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

      - contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);

      - provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;

      - provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

      - contains video, photographs, or images of another person (with a minor or an adult).

      - tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

      - engages in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" products related to the Platform;

      - solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;

      - interferes with another User’s use and enjoyment of the Platform or any other individual's User and enjoyment of similar services;

      - refers to any Platform or URL that, in Our sole discretion, contains material that is inappropriate for the Platform or any other Platform, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.

      - harm minors in any way;

      - infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;

      - violates any law for the time being in force;

      - deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

      - impersonate another person;

      - contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;

      - threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

      - shall not be false, inaccurate or misleading;

      - shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.

      - shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers;

    3. 7.2.

      You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve Our right to bar any such activity.

    4. 7.3.

      You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password "mining" or any other illegitimate means.

    5. 7.4.

      You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Platform, or any other customer, including any account on the Platform not owned by You, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Platform.

    6. 7.5.

      You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the term ‘Plantix’, or otherwise engage in any conduct or action that might tarnish the image or reputation, of Plantix or sellers on platform or otherwise tarnish or dilute any Plantix’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or Plantix’s systems or networks, or any systems or networks connected to Plantix.

    7. 7.6.

      You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person's use of the Platform.

    8. 7.7.

      You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Platform or any service offered on or through the Platform. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.

    9. 7.8.

      You may not use the Platform or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Plantix and / or others.

    10. 7.9.

      You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to GST, Income Tax, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.

    11. 7.10.

      Solely to enable Us to use the information You supply Us with, so that we are not violating any rights You might have in Your Information, You agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in Your Information, in any media now known or not currently known, with respect to Your Information. We will only use Your information in accordance with the Terms of Use and Privacy Policy applicable to use of the Platform.

    12. 7.11.

      From time to time, You shall be responsible for providing information relating to the products or services proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner.

    13. 7.12.

      You shall not engage in advertising to, or solicitation of, other Users of the Platform to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Platform or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Platform. It shall be a violation of these Terms of Use to use any information obtained from the Platform in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. In order to protect Our Users from such advertising or solicitation, We reserve the right to restrict the number of messages or emails which a user may send to other Users in any 24-hour period which We deems appropriate in its sole discretion. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Platform) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

    14. 7.13.

      Plantix reserves the right, but has no obligation, to monitor the materials posted on the Platform. Plantix shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE Platform AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect Plantix views. In no event shall Plantix assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Platform. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.

  8. 8. Platform Content

    1. 8.1.

      All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, "Content"), is a third party user generated content and Plantix has no control over such third party user generated content as Plantix is merely an intermediary for the purposes of this Terms of Use.

    2. 8.2.

      You shall be 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 Platform (collectively, "Content"). Such Content will become Our property and You grant Us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide. You agree that any Content You post may be used by us, consistent with our Privacy Policy and rules of conduct as mentioned herein, and You are not entitled to any payment or other compensation for such use.

    3. 8.3.

      Except as expressly provided in these Terms of Use, no part of the Platform and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Platform or other medium for publication or distribution or for any commercial enterprise, without Plantix’s express prior written consent.

    4. 8.4.

      You may use information on the products and services purposely made available on the Platform for downloading, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.

  9. 9. Disclaimer of Warranty and Liability

    1. 9.1.

      This Platform, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this site are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Plantix does not warrant that:

      - This Platform will be constantly available, or available at all; or

      - The information on this Platform is complete, true, accurate or non-misleading.


    3. Plantix will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Platform. Plantix does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Platform; their servers; or electronic communication sent from Us are free of viruses or other harmful components.

    4. Nothing on the Platform constitutes, or is meant to constitute, advice of any kind. All the Products sold on Platform are governed by different state laws the Seller may cancel or not accept an order if the Seller is unable to deliver such Products due to implications of different state laws.

    5. Pricing on any product(s) as is reflected on the Platform may due to some technical issue, typographical error or product information published by the Seller may be incorrectly reflected and in such an event the Seller may cancel such your order(s).

  10. 10. Changes to the Terms

    1. Plantix reserves the right to change, modify, amend, or update the Terms from time to time and such amended Terms shall be effective immediately upon being posted on the Platform. If You do not agree to such provisions, You must stop using the service with immediate effect. Your continuous use of the service will be deemed to signify Your acceptance of the amended provisions of the Agreement.

  11. 11. Seller Terms

    1. 11.1.

      As a registered seller, you are allowed to list item(s) for sale on the Platform in accordance with these Terms. You must be legally able to sell the item(s) you list for sale on our Platform. Sellers shall not be permitted to sell any product that falls under the list of banned items, under applicable laws, as identified by Plantix from time to time, or are otherwise prohibited for sale under applicable law. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe your item for sale. All listed items must be listed in an appropriate category on the Platform. All listed items must be kept in stock for successful fulfilment of sales.

    2. 11.2.

      The listing description of the item must not be misleading and must describe the actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the Buyer.

    3. 11.3.

      As a Seller, you shall not abuse or misuse the Platform or engage in any activity which violates the terms of the User Agreement. In any such case, the Company may suspend your account or permanently debar You from accessing the Platform.

  12. 12. Delivery Terms

    1. For the Seller:
    2. 12.1.

      You, as the Seller shall be required to dispatch the products and/or services for every transaction to the Buyer to ensure that the products and/or services are delivered in a timely manner.

    3. 12.2.

      If You choose to directly ship and deliver to the Buyer, you agree that this shall be governed by way of a separate arrangement between you and the Buyer. You agree not to hold Plantix liable in any manner whatsoever for any deficiency in provision of such shipping and delivery services and we disclaim all liabilities in this regard.

    4. 12.3.

      You shall provide dispatch details and details of after-sales services related to products and services listed by it on the Platform to the Buyers directly.

    5. 12.4.

      You agree that the dispatch details shall be true, correct, and duly authorized and shall not be misleading, fraudulent, false, unauthorized, illegal and shall not contain any misrepresentation of facts.

    6. 12.5.

      We reserve the right to engage the services of third-party service providers to provide the Delivery Services to Sellers. You, as Seller may choose to use these Delivery Services. Upon receipt of order for Delivery Services from the Seller, we shall pick up the shipment from the location as communicated to us by the Seller and deliver the same to the location as designated by the Buyer. You agree that:

      - We shall not be liable for any loss arising due to confiscation of Shipments by any government agencies due to lack of proper documents or inaccurate information provided to us.

      - Shipments shall be delivered on ‘as is’ basis and unless agreed otherwise, we are under no obligation to inspect the contents of the Shipment. However, we may, in our sole discretion, at any time and without notice to you, inspect the contents of Shipment to ensure compliance to these Terms.

      - Every effort will be made to adhere to the delivery schedule, however, the Shipment may be delayed due to circumstances beyond our reasonable control or due to any force majeure event.

      - Upon receipt of Shipment from the Seller, we will use our best endeavours to deliver the Shipment(s) to the Buyer to the delivery address as registered by the Buyer on the Platform. We will not verify the identification of the person receiving the Shipment at the designated delivery address, however, we will obtain the signature of the recipient of the Shipment on the Delivery Note.

    7. By availing our Delivery Services you agree and consent to the Delivery Policy.

    8. For the Buyer:
    9. 12.6.

      Buyer(s) are required to behave properly with the pickup and delivery associates. Any misbehaviour, unprofessional conduct, verbal and physical abuse is prohibited and will be considered as a violation of these Terms. Plantix reserves the right to suspend your use or access to the Platform in its sole discretion if deemed that a Buyer is in violation of this clause.

    10. 12.7.

      The Buyer hereby authorises us to contact the Buyer, at any given point of time, by way of calls or SMS or any other method of messaging (Example: WhatsApp) for transactional purposes including but not limited to order confirmations and/or delivering the Order(s).

    11. 12.8.

      At the time of placing the Order, if the Buyer chooses the option, pay ‘cash on delivery’, we will collect the amount pertaining to the Order at the time of delivery of the Products. The cash collected against the Order at the time of delivery of the Shipment where cash on delivery option is chosen by the Buyer or where the amount against the Order is pre-paid by the Buyer shall be settled and remitted to the Seller.

    12. 12.9.

      You agree to bear all delivery and shipment costs and charges as may be applicable. Such charges will be included in the amount to be paid/invoice generated.

  13. 13. Pay Facility

    1. 13.1.

      While availing any of the payment method/s if available on the Platform, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:

      - Lack of authorization for any transaction/s, or

      - Exceeding the preset limit mutually agreed by You and between "Bank/s", or

      - Any payment issues arising out of the transaction, or

      - Decline of transaction for any other reason/s

    2. 13.2.

      All payments made against the purchases/services on Platform by you shall be compulsorily in Indian Rupees acceptable in the Republic of India.

    3. 13.3.

      Transactions, transaction price and all commercial terms such as delivery, dispatch of products and/or services are as per principal to principal bipartite contractual obligations between Buyer and Seller and payment facility is merely used by the Buyer and Seller to facilitate the completion of the Transaction. Use of the payment facility shall not render Plantix liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products and /or services listed on the Platform.

    4. 13.4.

      You may specifically authorize Plantix or its service providers to collect, process, facilitate and remit payments and / or the Transaction Price electronically or through Cash on Delivery to and from Buyers in respect of transactions. Your relationship with Plantix is on a principal to principal basis and by accepting these Terms you agree that Plantix is an independent contractor for all purposes, and does not have control of or liability for the products or services that are listed on Platform that are paid for by using any payment facility. Plantix does not guarantee the identity of any User nor does it ensure that a Buyer or a Seller will complete a transaction.

    5. 13.5.

      You understand, accept and agree that the any payment facility, if provided by Plantix is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery, collection and remittance facility for the Transactions on the Platform using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing the Pay Facility, Plantix is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.

    6. 13.6.

      Seller agrees that the transaction price paid by a Buyer will be remitted to a seller’s bank account contingent upon the following events:

      a) Buyer confirms the delivery of products and/or services in the transaction;

      b) Buyer does not take any action on payment facility to confirm delivery within such a time period as provided in the policies despite confirmation of dispatch of products and/or services by a seller to the buyer;

      c) Once the transaction is completed by the Seller, the remittance to seller shall be made in accordance with RBI Intermediary Guidelines.

    7. 13.7.

      Buyer, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with the Seller to purchase the products and /or services from the Seller using the Pay Facility, and You shall pay the Transaction Price through Your Issuing Bank to the Seller using Pay Facility.

    8. 13.8.

      You, as a Buyer, understand that the Pay Facility may not be available in full or in part for certain category of products and/or services and/or Transactions as mentioned in the Terms and hence You may not be entitled to a refund in respect of the Transactions for those products and /or services

    9. 13.9.

      Compliance with Laws: Buyer and Seller shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued thereunder and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Pay Facility and Platform.

    10. 13.10.

      Buyer's arrangement with Issuing Bank:

      - All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.

      - All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which supports Pay Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.

  14. 14. Indemnity for non-compliance or breach

    1. 14.1.

      You shall indemnify and hold harmless the Company and the Company's parent, subsidiaries, its Personnel, Affiliates, internal service providers and their respective officers, shareholders, directors, agents, and employees, from and against any and all Losses, liabilities, actions, suits, claims, proceedings, costs, damages, judgments, amounts paid in settlement and expenses (including without limitation attorneys' fees and disbursements), made by any third party or penalty imposed due to or arising out of Your breach of the User Agreement or resulting from untrue, inaccurate, misleading not current or incomplete information provided or verified by You, including but not limited to:

      a) any non-compliance of applicable law;

      b) any claim or action by a third party in connection with any defect in title of any products;

      c) information (whether to us or our affiliates, or their sub-contractors, agents or service providers, or government or regulatory authorities) in relation to the Shipment or otherwise pursuant to these Terms or in contemplation of the Logistics Services, that is incorrect, misleading, or erroneous;

      d) your omission to provide information or documentation required by us or any government or regulatory authorities;

      e) any alleged or actual patent, copyright, trade secret, trademark, trade name, or other intellectual property right infringement or other claim, demand or action resulting from the advertising, publishing, promotion, manufacture, sale, distribution or use of any of the products;

      f) any alleged or actual personal injury, death or property damage suffered by any party arising from the supply or sale of the Shipment to that party;

      g) any claim by a third party or Consignee made pursuant to, or liability arising under any consumer protection laws, including any non-conformity or defect in, or any recall of, any of products.

  15. 15. Intellectual Property

    1. 15.1.

      This site is controlled and operated by Plantix and products are sold by respective Sellers. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Platform is solely for Your personal, non-commercial use. 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, modification of the materials, use of the materials on any other Platform 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.

    2. 15.2.

      “Plantix” and related icons and logos are registered trademarks or trademarks or service marks of Plantix and our affiliates in various jurisdictions and are protected under applicable copyright, trademark and other proprietary and intellectual property rights laws. The unauthorized adoption, copying, modification, use or publication of these marks is strictly prohibited.

    3. 15.3.

      All Content on the Platform is copyrighted to Plantix excluding any third-party content and any links to any third-party websites being made available or contained on the Platform. User(s) may not use any trademark, service mark or logo of any independent third parties without prior written approval from such parties.

    4. 15.4.

      User(s) acknowledge and agree that Plantix is not an arbiter or judge of disputes concerning intellectual property rights and as such cannot verify that User(s)/Sellers selling or supplying merchandise or providing services on the Platform have the right to sell the merchandise or provide the services offered by such User(s)/Sellers. User(s) further acknowledge and agree by taking down a listing, Plantix does not and cannot be deemed to be endorsing a claim of infringement and further that in those instances in which Plantix declines to take down a listing, Plantix does not and cannot be deemed to be endorsing that the listing is not infringing of third party rights or endorsing any sale or supply of merchandise or services pursuant to or on account of such listing.

    5. 15.5.

      URL’s/ Sub-domain names assigned by Plantix to Sellers (including both paid and free User(s)) are the exclusive property of Plantix and it cannot be assumed to be permanent in any case. Plantix reserves the right, without prior notice, at any point of time, to suspend or terminate or restrict access to or edit any URL's/Sub-domain names. IN ALL SUCH CASES, PLANTIX WILL NOT BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION OR OTHERWISE.

  16. 16. Grievance Redressal Mechanism

    1. 16.1.

      In case of any grievance, objection or complaint on Your part with respect to the Platform, other Users or the Company, including any complaints or enquiry about suspension, termination or blocking of Your membership or right to use the Platform, You should promptly raise such grievance or complaint with the designated Grievance Officer at and provide the Grievance Officer with all necessary information and/or documents to enable the Company/Grievance Officer to try and resolve the issue. For this purpose, Korbinian Hartberger is designated as the Grievance Officer in terms of the Information Technology Act, 2000 and the rules made thereunder for any complaints or grievances with regard to the content of the Platform.

    2. 16.2.

      Any and all complaints to the Grievance Officer to report any content on the Platform shall be in writing and shall be sent to at the above-mentioned email address. The Grievance Officer shall take all reasonable measures to expeditiously redress the complaint.

    3. 16.3.

      The Grievance Officer shall attempt to acknowledge your grievances/ complaints within 24 (twenty-four) hours of receiving it. The Grievance Officer may requisite such information as she/he may require in order to look into the grievances/ complaints for resolving the same. The Grievance Officer shall attempt to resolve the grievance/ complaint within 15 (fifteen) days of having received it. You acknowledge that in the event you fail to provide the information sought by the Grievance Officer to look into your complaint, the Grievance Officer shall not be able to proceed with your grievance/ complaint, and as such, the grievance/ complaint may remain unresolved. By agreeing to the Terms herein, you hereby consent and authorize the Grievance Officer to contact you on the basis of the information provided by you, for the purposes of the grievance/ complaint.

  17. 17. Governing Law and Jurisdiction

    1. 17.1.

      The User Agreement and documents incorporated by reference shall be governed and construed in accordance with the laws of India. If any dispute arises between You and the Company during Your use of the Platform or the Pay Facility or any service incidental to the Platform or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the Terms and/or any other agreement between the Company and You in addition to the User Agreement and any other documents incorporated therein by reference, the dispute shall be referred to the senior management of the Company for conciliation. If the dispute has not been resolved, then such a dispute shall be subject to the exclusive jurisdiction of the courts in Indore, Madhya Pradesh and You hereby submit to the jurisdiction of such courts.