PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Terms of Service Agreement (the “Agreement”) is by and between
Plants Cart, a partnership entity established in Ghaziabad, Uttar Pradesh
“User”:- For the purpose of this agreement, a user is any person who visits, access or uses the website subject to this agreement www.plantscart.com (hereinafter referred to as the “website”),
Whereas, this agreement governs the use of the website along with the offers and purchases by the users.
And Whereas, This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below for which Plants Cart reserves the right to change or revise at any time by publishing such changes on the Website.
And Whereas, Plants Cart will notify the changes or revisions made in the policies published in the website and the date from which such changes would be effective.
And Whereas, use of the Website by the user post the publication of the changes shall be deemed as acceptance to the changed policies.
And Whereas, this agreement shall not supersede any agreement made in particular, with specific terms and conditions, written and signed between Plants Cart and any other Party or Parties.
NOW THIS AGREEMENT WITNESSETH AS UNDER:-
That the Website displays certain products (the “Products”) which constitutes an offer. By placing an order for such Products through this Website, the user is deemed to have accepted the terms set forth in this Agreement.
- Proprietary Rights:
That Plants Cart has proprietary rights and trade secrets in the Products manufactured and/or distributed by it and the User is not permitted to copy, reproduce, resell or redistribute such products. Plants Cart also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information.
- Sales Tax:
That the user is responsible for paying any applicable sales tax on the products purchased.
- Intellectual Property:
- That the contents in this website is intellectual property of Plants Cart and therefore, is protected by the laws of Intellectual Property applicable in India.
- That nothing in this agreement shall be construed as granting any rights to you over any of the intellectual property of this website or Plantscart.
- Use of Website:
That the users are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with ordinary, non-commercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from Plants Cart.
- Disclaimer of warranties
That the website and products are offered on an “as is” and “as available” basis and therefore the use of this website by the users is at their sole risk. Plants cart expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the products or website content, or any reliance upon or use of the website content or products. (“products” include trial products.) Without limiting the generality of the foregoing, plants cart makes no warranty:
- That the information provided on this website is accurate, reliable, complete, or timely.
- That the links to third-party websites are to information that is accurate, reliable, complete, or timely.
- No advice or information, whether oral or written, obtained by you from this website will create any warranty not expressly stated herein.
- Limitation of Liability:
Plants cart will not be liable for any direct, indirect, incidental, special or consequential damages in connection with this agreement or the products in any manner, including liabilities resulting from (1) the use or the inability to use the website content or products; (2) the cost of procuring substitute products or content; (3) any products purchased or obtained or transactions entered into through the website; or (4) any lost profits alleged by the User.
The User will release, indemnify, defend and hold harmless PLANTS CART, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs, and expenses, including reasonable attorneys’ fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of warranties by the user, representations and obligations under this Agreement; (2) the Website content or use of the Website content by the user; (3) the Products or use of the Products by the User (including Trial Products); (4) any intellectual property or other proprietary rights of any person or entity; (5) violation of any provision of this Agreement by the User; or (6) any information or data supplied to Plants Cart.
- Force Majeure:
That Plants Cart will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
That this Agreement will be covered under the jurisdiction of NCT Delhi. Neither party shall commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in Delhi. By using this Website or ordering Products, the User consents to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement.
That Plants Cart reserves the right to terminate the access of a User to the Website if it reasonably believes, in its sole discretion, that the User has breached any of the terms and conditions of this Agreement. Following termination, The User will not be permitted to use the Website and Plants Cart may, in its sole discretion and without advance notice, cancel any outstanding orders for Products. If the access of any User to the Website is terminated, Plants Cart reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website.
BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE, THE USER AGREES TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.