Terms and Conditions

Last Updated: [18/02/2024]

1. INTRODUCTION

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and 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. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms & Conditions. DNKS Agrijod Technologies Private Limited. (the "Company" or "AgriJod") a Company incorporated under Companies Act, 2013, having its registered office at H/no.-02, green path bye lane-2, Hatigaon, Guwahati,kamrup-781038 , maintains this website (www.agrijod.in) and mobile apps – “agrijod seller-buyer”, “agrijod warehouse” and “agrijod logistics” on Google Android Playstore *insert play store link* The Platform is an e-commerce to facilitate business-to-business transactions by providing buyers and sellers better prices, more options and optimised logistics. Access and use of this Platform by you are governed exclusively by these terms and conditions including the applicable policies which are incorporated herein by way of reference ("Terms and Conditions"). Transactions done under this platform are subject to the terms/policies that are mentioned in the Platform . By mere use of the Platform, You shall be contracting with DNKS Agrijod Technologies Private Limited (“Agrijod”) and these terms and conditions including the policies shall be binding on the User. For the purpose of these Terms and Conditions, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a buyer on the Platform by providing Registration Data while registering on the Platform as Registered User using the computer systems or any other electronic medium. User understands and accepts that the Company maintains the Platform to provide visitors with information about the Company, its Services and products. any use of the Platform constitutes your acceptance and agreement to be bound by such terms, and the changes made to this Terms and Conditions from time to time, relating to your usage of the Platform as made available on the Company's Platform. Upon the usage of any service on the Platform, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms and Conditions and shall be considered as part and parcel of these Terms and Conditions. Agrijod reserves the right, at it‘s sole discretion, to change, modify, add or remove portions of these Terms and Conditions, at any time without any prior written notice. It is the responsibility of the User to review these Terms and Conditions periodically for updates / changes and shall adhere to the same.. As long as You comply with these Terms and Conditions, we grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform. ACCESSING, BROWSING OR OTHERWISE USING THE PLATFORM INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS, KINDLY READ THE TERMS AND CONDITIONS CAREFULLY BEFORE PROCEEDING.

2. DEFINITIONS AND INTERPRETATION

Unless the context otherwise requires, for these Terms and Conditions, the following terms shall have the meaning ascribed to them here under:

‘Applicable Law " means all laws, ordinances, statutes, rules, orders, decrees, injunctions, licenses, permits, approvals, authorizations, consents, waivers, privileges, agreements, and regulations of any governmental authority/court of law having jurisdiction over the relevant matter including any interpretations thereof, in effect;

"Intellectual Property Rights" means all patents, designs and drawings, trademarks, service marks, logos, domain names, and utility models, copyrights, inventions, brand names, and business names, and any similar rights and the benefit (subject to the burden) of any of the foregoing (in each case whether registered or otherwise, and includes applications for the grant of any of the foregoing and the right to apply for any of the foregoing in any part of the world);

"Privacy Policy" shall mean the Privacy Policy available on the Platform and mentioned in clause 7 of this document;

"Services" means and includes enabling immediate payment to suppliers, seller ratings to bring accountability, managing large value transactions, access to the largest network of verified buyers and sellers with accurate price data and aggregation to reduce cost, eliminate wastage and cater to partial truckload requirements.

"Transaction Documents" means the various documents required to be executed by the User to obtain the services of the Company on and/or from the Platform;

"User Account" means the personal online account created by the User to gain access and use the Platform.

Accordingly, the terms "Agrijod", "Platform", "we", "our" and "us" in these Terms and Conditions refer to the Company.

3. PROPRIETARY RIGHTS

User acknowledges and agrees that the Company owns all legal right, title, and interest in and to the Services, including any Intellectual Property Rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). User further acknowledges that the Services may contain information which is designated confidential by the Company and that User shall not disclose such information without the Company's prior written consent. Unless the User has agreed otherwise in writing with the Company, nothing in these Terms and Conditions gives the User a right to use any of the Company's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. Unless you have been expressly authorized to do so in writing by the Company, User agrees that in using the Services, User will not use any trademark, service mark, trade name, the logo of any company or organization in a way that is likely or intended to confuse the owner or authorized user of such marks, names or logos.

4. USER ACCOUNTS

4.1 Transaction on the Platform is available only to persons who can enter into legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Platform. If you are a minor i.e. under the age of 18 years, you may use the Platform or access content on the Platform only under the supervision and prior consent/ permission of a parent or legal guardian.

As a minor if you wish to transact on the Platform, such transaction on the Platform may be made by your legal guardian or parents. Agrijod reserves the right to terminate your membership and / or refuse to provide you with access to the Platform if it is brought to Agrijod's notice or if it is discovered that You are under the age of 18 years and transacting on the Platform.

4.2 A User must first register and create his distinct Account on the Platform ("User Account") to access the services available on the Platform. By registering an account with us ("Registered User"), the User represents and warrants that he has complied with eligibility guidelines as detailed in Clause 4.1 herein above. All information that you submit is true, accurate, and complete and you shall comply with these Terms and Conditions. User further represents and warrants that: (a) all required registration information submitted by User is truthful, accurate, and complete; and that (b) User will maintain the accuracy of such information.

4.3 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 the this Terms and Conditions, 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.

You agree that Agrijod shall not be liable or responsible for the activities or consequences of use or misuse of any information that occurs under your Account in cases, including, where You have failed to update Your revised mobile phone number and/or e-mail address on the Platform.

When You use the Platform or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.

Confidentiality Obligation: User will be solely responsible for maintaining the confidentiality of their User Account and login details, and we will not be responsible for misuse of your User Account by any third party, whether authorized by you or not. User may never use another User's account without due permissions of such User and us. User is also prohibited from sharing their log-in details or allowing anyone to access their account or do anything that might put their User Account at risk. However, if Company is retaining any data under this or any other policy, it will be under legal obligation to maintain its confidentiality, as per applicable laws, and the Buyers/Sellers on the platform provide consent that such data as per applicable laws, can be retained by the Company (if required). However, if required, Company is entitled to provide the data to any authority as may be required under applicable laws or court orders.

Users are responsible for any activity on the Platform arising out of any failure to keep their User Account information confidential and shall be liable for any losses arising out of such a failure. User agrees to notify us immediately in case of any unauthorized/suspicious activity in their Account or any other breach of security.

For a User to be listed as a trader on the Platform, the User will be required to provide copies of their KYC documents and other business registrations to the Company for the purposes of listing and maintaining its status as a trader on the Platform. The Company reserves the right to refuse to offer access to or use of the Platform to any person or entity at the Company's sole discretion including by changing its eligibility criteria at any time.

5. DELETE MY ACCOUNT:

You may choose to deactivate your account at any point through your app. Rest assured, we do not share your data externally. However, we keep your personal data as long as we need it for its intended purpose. Once that purpose is fulfilled, we securely dispose of it, unless specific laws require us to retain transaction logs for extended periods even after an account deactivation. Additionally, if there are ongoing legal or regulatory proceedings or if we receive specific legal or regulatory directives, we may be obligated to retain your personal data for extended durations as mandated by local laws.

To deactivate your account contact customer care through the application to start the deactivation process.

*Deleting your account is an irreversible process, which we can't revert even if you perform it by accident.

6. SERVICES PROVIDED ON THE PLATFORM

The Company provides a digital marketplace through its Platform, whereby it connects users for the purpose of trade, thereby facilitating smooth trade amongst them . The company also has a transporter portal through which the users from digital marketplace can avail logistics support.

7. PRIVACY POLICY

This clause along with privacy policy mentioned on the website (the “Privacy Policy”) describes how and why the Agrijod Platform collects, uses, transfers and discloses the information provided by the users. All users shall be bound by this Privacy Policy and the Company shall not use any information supplied by Users, except in accordance with this Privacy Policy. Protection of Your privacy is our utmost responsibility. We store and process Your Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under.

We may share personal information with our other corporate entities and affiliates or to any third party without seeking your consent to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We do not disclose your personal information to third parties for their marketing and advertising purposes.

We may disclose personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal processes. We may disclose personal information to law enforcement offices, third party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms or Privacy Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of our users or the general public.

Agrijod reserves the right to modify this Privacy Policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the Platform. If the Company makes any material changes to this Privacy Policy, the Company will notify Users that the policy has been updated, so that Users are aware of what information is collected by the Company, how it is used, and under what circumstances, if any, can the Company use and/or disclose it.

8. DISCLAIMER

User agrees that their use of the Platform shall be at their own risk. To the fullest extent permitted by law, the company and its officers, managers, members, directors, employees, successors, assigns, affiliates, suppliers, and agents disclaim all warranties, express, implied, statutory or otherwise, and make no warranties, representations, or guarantees in connection with the Platform, the services offered on or through the Platform, any data, materials, content, relating to the quality, suitability, truth, accuracy or completeness of any information or material contained or presented on the Platform, including without limitation the materials, data and submitted content of other users of this site or other third parties. Unless otherwise explicitly stated, to the maximum extent permitted by applicable law, the Platform, the services offered on or through the Platform, data, materials, submitted content, and any information or material contained or presented on the Platform is provided to you on an "as is", "as available" and "where-is" basis with no warranty, express or implied, of merchantability, fitness for a particular purpose, or non-infringement of third-party rights.

The Company does not provide any warranties against errors, mistakes, or inaccuracies of data, content, information, materials, the substance of the Platform, postings, feedback or content, any unauthorized access to or use of our secure servers, and/or any personal information and/or financial information stored therein, any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Platform, any interruption or cessation of transmission to or from the Platform, any defamatory, offensive, or illegal conduct of any third party or user, or any loss or damage of any kind incurred as a result of the use of any data, content, information, materials, the substance of the Platform or content posted, emailed, transmitted, or otherwise made available via the Platform.

The Company does not endorse, warrant, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Platform or any hyperlinked site or featured in any banner or other advertisement. The company will not be a party to or in any way be responsible for monitoring any transaction between you and any party, including third-party providers of products or services. As with the use of any product or service, and the publishing or posting of any material through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

When registering with a mobile number on Agrijod App, the User authorizes and gives consent to the Company or an any third-party service provider, to send, from time to time, various information/alerts/SMS/WhatsApp Messages/Calls or commercial communication, and other services on the aforesaid listed telephone/mobile numbers, whether these numbers are registered with National Do Not Call Registry/listed in National Customer Preference Register or not. User cannot hold the Company or its third-party service provider liable/institute complaint under the Telecom Commercial Communications Customer Preference (TRAI) Regulations, 2010 or such other applicable regulations including amendment thereof, as may be applicable from time to time.

Users can stop this service, by writing an email to admin@agrijod.in

We do not endorse, warrant, guarantee, validate or assume responsibility for the descriptions, images, appearance, nature, quality, purpose, general features, and other content of goods or services on the platform posted by the seller.

User agrees that this agreement or any other related policy may be updated from time to time and shall be binding on the users.

User acknowledges the obligation to pay the agreed commission to the Company in compliance with Section 186(7) of the Companies Act.

9. UPDATION/ AMENDMENT

10. LIMITATIONS OF LIABILITY

11. INDEMNIFICATION

12. BREACH OF TERMS AND CONDITIONS

Without prejudice to the Company's other rights under the Terms and Conditions, if a User breaches any provisions of these Terms and Conditions in any way, or if the Company reasonably suspects that a User has breached these Terms and Conditions, the Company may take such action as it deems appropriate to deal with the breach, including temporarily suspending or permanently prohibiting access to the Platform, blocking access from certain IP addresses, legal action, and suspending or deleting the User's account.

In no event shall the Company, its affiliates, or its respective officers, managers, members, directors, employees, successors, assigns, subsidiaries, suppliers, attorneys, or agents be liable for any direct, indirect, incidental, special, punitive, consequential or exemplary damages arising from the use of the Platform, errors or inaccuracies of data, unauthorized access to secure servers, or any bugs, viruses, trojan horses transmitted to or through the Platform.

13. MODIFICATIONS TO OR TERMINATION OF THE PLATFORM

Modification or Cessation of Platform

The Company reserves the right to, at any time and from time to time, modify or discontinue, temporarily or permanently, the Platform (or any part thereof) with or without notice and in its sole discretion. Users agree that the Company shall not be liable to the User or any third party for any modification, suspension, or discontinuance of the services offered by the Company.

User hereby acknowledges and agree that the Company, in its sole and absolute discretion, has the right (but not the obligation) to delete, terminate, or deactivate User Account, block User's email or IP address, cancel the Platform or otherwise terminate User's access to or participation in the use of the Platform (or any part thereof), or remove and discard any content submitted by User on the Platform, immediately and without notice, for any reason, including without limitation, User Account inactivity or if the Company believes or has reason to believe that the User has violated any provision of the Terms and Conditions.

Effect of Termination

Upon termination of the User Account, User's right to participate in the Platform, including, but not limited to, User's right to receive any rental shall automatically terminate. User acknowledges and agrees that right to receive any rental accrued for the period before termination is conditional upon User having (i) properly used the Platform, (ii) adhered to the Terms and Conditions, (iii) maintained continuous activation of User Account, and (iv) participated on the Platform. In the event of termination, the User Account will be disabled and the User may not be granted access to the User Account or any files or other data contained in the User Account. Notwithstanding the foregoing, residual data may remain in the Company's system.

Upon termination of Service, the User's access to the Platform shall be immediately revoked. The provisions of these Terms and Conditions which by their very nature are intended to survive termination shall survive expiration or termination of the Platform or User Account.

14. REFUND POLICY

A partial refund will be issued when the required quantity of product is not delivered or is damaged in transportation. In case of frauds and disputes A user has to inform about any such activity by dropping an email to admin@agrijod.in within 48 hours of learning/ascertaining about the same a dedicated team will then contact the user within 48 hours to understand and analyse the incident. The refunds will be issued after complete verification and due diligence by our team. The refund will be transferred into the same account from which the money was debited subject to successful completion of the verification and due diligence process by our dedicated team.

15. MISCELLANEOUS

Charges for Services

The Company may charge a commission/fees for its Services, on a case to case basis. Governing Law and Jurisdiction

Arbitration

Any dispute, controversy, difference or claim arising out of or relating to the use of AgriJod App or AgriJod Platform including the existence, validity, interpretation, performance, breach of any part of the terms and conditions, or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by a Sole arbitrator in terms of the provisions of Arbitration and Conciliation Act, 1996 as amended from time to time and the place of arbitration will be at New Delhi, India.

Jurisdiction of Courts

All disputes arising out Terms and Conditions shall be governed in all respects by the laws of India and any legal proceeding arising thereof shall be construed, interpreted and initiated exclusively in the courts located in Guwahati, Assam, India.

Advertisements

The Company may display advertisements and promotions on the Platform. The manner, mode, and extent of advertising by the Company on the Platform are subject to change and the appearance of advertisements on the Platform does not imply endorsement by the Company of any advertised products or services. The User agrees that the Company shall not be responsible or liable for any loss or damage of any sort incurred by the User as a result of any such dealings or as the result of the presence of such advertisers on the Platform.

Use of Cookies

The Company uses cookies to aggregate information about the User's sessions, track information, store certain User preferences, analyze web page flow, etc. so that the Company can update and redesign the Company Website/App, as necessary, to provide User with the most useful information. Users will have the option to either accept or decline the use of cookies on their computer/device, whether they are registered or not. However, a User's experience of the Website shall be limited and certain features of the Website will not be available if the User declines the use of Cookies.

Assignment

The Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by the User but may be assigned by the Company without restriction.

No Agency or Partnership

No agency, partnership, joint venture, or employment is created as a result of the Terms and Conditions or Users use of any part of the Platform, including without limitation, the contract between the User and The Company. The user does not have any authority whatsoever to bind the Company in any respect. Neither the Company nor any User of the Platform may direct or control the da

Force Majeure

Neither the Company nor the User shall be liable to the other for any delay or failure in performance under the Terms and Conditions, other than payment obligations, arising out of a cause beyond its control and without its fault or negligence. Such causes may include but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities,lockdown, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.

No Third-party Beneficiaries

User agrees that, except as otherwise expressly provided in the Terms and Conditions, there shall be no third-party beneficiaries to the Terms and Conditions.

Notice

User agrees that The Company may provide the User with notices, including those regarding changes to the Terms and Conditions, by email, regular mail, or postings on the Platform.

Entire Agreement

The Terms and Conditions, together with the Privacy Policy, and any other legal notices or any additional policies published by the Company on the Platform, shall constitute the entire agreement between User and the Company concerning the Platform. Please note, however, that other aspects of your use of Services may be governed by additional agreements.

Severability

If any provision of the Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms and Conditions, which shall remain in full force and effect.

No Waiver

No waiver of any provision of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and The Companys failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

For the full details of our Terms and Conditions, including our Privacy Policy, Refund Policy, and other important sections, please refer to the official document.