Terms & Conditions
Dated : 15/11/2021
TERMS OF SERVICE AGREEMENT
Welcome to www.attabazzar.com.This website is owned and operated by Kalp
Agro , Plot 147, Sector 21, Near Yamunanagar Police chowki,
P.C.N.T.D.A. Pune 411044. By visiting our website and accessing the
information, resources, services, products, and tools we provide, you
understand and agree to accept and adhere to the following terms and conditions
as stated in this policy (hereinafter referred to as the Agreement, along with
the terms and conditions as stated in our Privacy Policy (please refer to the
Privacy Policy section below for more information). We reserve the right to change this Agreement from time to time with/without
notice. You acknowledge and agree that it is your responsibility to review this
Agreement periodically to familiarize yourself with any modifications. Your
continued use of this site after such modifications will constitute
acknowledgment and agreement of the modified terms and conditions.
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 Agreement governs your use of this website www.attabazzar.com (hereinafter
referred to as the ‘Website���), This Agreement includes and incorporates by
this reference, the policies and guidelines referred below. Kalp
Agro reserves the right to change or revise the terms and conditions of
this Agreement at any time by posting any changes or a revised Agreement on
this Website. Kalp Agro will/will not alert you that changes or revisions
have been made by indicating on the top of this Agreement the date it was last
revised. The changed or revised Agreement will be effective immediately after
it is posted on this Website. Your use of the Website following the posting of
any such changes or of a revised Agreement will constitute your acceptance of
any such changes or revisions. Kalp Agro encourages you to review this
Agreement whenever you visit the Website to make sure that you understand the
terms and conditions governing use of the Website. This Agreement does not
alter in any way the terms or conditions of any other written agreement you may
have with Kalp Agro for other products or services. If you do not agree to this
Agreement (including any referenced policies or guidelines), please immediately
terminate your use of the Website.
Responsible Use And Conduct
· In order to access our Resources/ , you may be
required to provide certain information about yourself (such as identification,
email, phone number, contact details, etc.) as part of the registration
process, or as part of your ability to use the Resources. You agree that any
information you provide will always be accurate, correct, and up to date.
· You are responsible for maintaining the
confidentiality of any login information associated with any account you use to
access our Resources/ Accordingly, you are responsible for all activities that
occur under your accounts.
· Accessing (or attempting to access) any of our
Resources/ by any means other than through the means we provide, is strictly
prohibited. You specifically agree not to access (or attempt to access) any of
our Resources/ through any automated, unethical or unconventional means.
· Engaging in any activity that disrupts or
interferes with our Resources/ , including the servers and/or networks to which
our Resources / are located or connected, is strictly prohibited.
· Attempting to copy, duplicate, reproduce,
sell, trade, or resell our Resources / is strictly prohibited.
· You are solely responsible for any
consequences, losses, or damages that we may directly or indirectly incur or
suffer due to any unauthorized activities conducted by you, as explained above,
and may incur criminal or civil liability.
Privacy:
Kalp Agro believes strongly in protecting user privacy, which is
why a separate Privacy Policy have been created in order to explain in detail
how we collect, manage, process, secure, and store your private information.
Please refer to Kalp Agro privacy policy, incorporated by reference herein that
is posted on the Website.
Customer Solicitation: Unless you notify our third party call center representatives or
direct Kalp Agro sales representatives, while they are calling you, of your
desire to opt out from further direct company communications and solicitations,
you are agreeing to continue to receive further emails and call solicitations
from Kalp Agro and its designated in house or third party call team(s).
Opt Out Procedure:
We provide 2 easy ways to opt out of from future solicitations –
1. You may also choose to opt out, via sending
your email address to: info.attabazzar@gmail.com���
2. You may send a written remove request to Kalp Agro sales
representatives, while they are calling you, of your desire to opt out from
further direct company communications and solicitations, you are agreeing to
continue to receive further emails and call solicitations from Kalp Agro /Atta
Bazzar
Proprietary Rights:
Kalp Agro has proprietary rights. Kalp Agro 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.
Content, Intellectual Property, Third Party Links:
This Website also offers information, both directly and through
indirect links to third-party websites, about (Marketing / Promotions). Kalp
Agro does not always create the information offered on this Website; instead
the information is often gathered from other sources. To the extent that Kalp
Agro does create the content on this Website, such content is protected by
intellectual property laws of the India, foreign nations, and international
bodies. Unauthorized use of the material may violate copyright, trademark,
and/or other laws. You acknowledge that your use of the content on this Website
is for personal, non-commercial use. Any links to third-party websites are
provided solely as a convenience to you. Kalp Agro does not endorse the
contents on any such third-party websites. Kalp Agro is not responsible for the
content of or any damage that may result from your access to or reliance on
these third-party websites. If you link to third-party websites, you do so at
your own risk.
Use of Website:
Kalp Agro is not responsible for any damages resulting from use of
this website by anyone. You will not use the Website for illegal purposes. You
will –
· Abide by all applicable Local, State,
National, and International Laws and Regulations in your use of the Website
(including laws regarding intellectual property),
· not interfere with or disrupt the use and
enjoyment of the Website by other users,
· not resell material on the Website,
· not engage, directly or indirectly, in
transmission of “spam”, chain letters, junk mail or any other type of
unsolicited communication, and
· not defame, harass, abuse, or disrupt other
users of the Website.
License:
By using this Website, you are granted a limited, non-exclusive,
non-transferable right to use the content and materials on the Website in
connection with your normal, 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 Kalp Agro or
the applicable third party (if third party content is at issue).
Blogs:
· We may provide various open communication
tools on our website, such as blog comments, blog posts, public chat, forums,
message boards, newsgroups, product ratings and reviews, various social media
services, etc. You understand that generally we do not pre-screen or monitor
the content posted by users of these various communication tools, which means
that if you choose to use these tools to submit any type of content to our
website, then it is your personal responsibility to use these tools in a
responsible and ethical manner. By posting information or otherwise using any
open communication tools as mentioned, you agree that you will not upload,
post, share, or otherwise distribute any content that:
is illegal, threatening, defamatory, abusive, harassing, degrading,
intimidating, fraudulent, deceptive, invasive, racist, or contains any type of
suggestive, inappropriate, or explicit language;
infringes on any trademark, patent, trade secret, copyright, or other
proprietary right of any party;
contains any type of unauthorized or unsolicited advertising;
Impersonates any person or entity, including any www.attabazzar.com /
Kalp Agro employees or representatives.
· We have the right at our sole discretion to
remove any content that, we feel in our judgment does not comply with this User
Agreement, along with any content that we feel is otherwise offensive, harmful,
objectionable, inaccurate, or violates any 3rd party copyrights or trademarks.
We are not responsible for any delay or failure in removing such content. If
you post content that we choose to remove, you hereby consent to such removal,
and consent to waive any claim against us.
· We do not assume any liability for any content
posted by you or any other 3rd party users of our website. However, any content
posted by you using any open communication tools on our website, provided that
it doesn’t violate or infringe on any 3rd party copyrights or trademarks,
becomes the property of Kalp Agro and as such, gives us a perpetual,
irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify,
adapt, translate, publish, publicly display and/or distribute as we see fit.
This only refers and applies to content posted via open communication tools as
described, and does not refer to information that is provided as part of the
registration process, necessary in order to use our Resources. All information
provided as part of our registration process is covered by our Privacy Policy.
· You agree to indemnify and hold harmless
www.attabazzar.com a digital property of Kalp Agro and its parent company and
affiliates, and their directors, officers, managers, employees, donors, agents,
and licensors, from and against all losses, expenses, damages and costs,
including reasonable attorneys’ fees, resulting from any violation of this User
Agreement or the failure to fulfill any obligations relating to your account
incurred by you or any other person using your account. We reserve the right to
take over the exclusive defense of any claim for which we are entitled to
indemnification under this User Agreement. In such event, you shall provide us
with such cooperation as is reasonably requested by us.
Posting:
By posting, storing, or transmitting any content on the Website,
you hereby grant Kalp Agro a perpetual, worldwide, non-exclusive, royalty-free,
assignable, right and license to use, copy, display, perform, create derivative
works from, distribute, have distributed, transmit and assign such content in
any form, in all media now known or hereinafter created, anywhere in the world.
Kalp Agro does not have the ability to control the nature of the user-generated
content offered through the Website. You are solely responsible for your
interactions with other users of the Website and any content you post. Kalp
Agro is not liable for any damage or harm resulting from any posts by or
interactions between users. Kalp Agro reserves the right, but has no obligation,
to monitor interactions between and among users of the Website and to remove
any content Kalp Agro deems objectionable, in Kalp Agro’s sole discretion.
Disclaimer of Warranties:
Your use of this website and/or are at your sole risk. The website
and are offered on an “as is” and “as available” basis. Kalp Agro 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 or website content,
or any reliance upon or use of the website content or Without limiting the
generality of the foregoing, Kalp Agro 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 Some jurisdictions do not allow the exclusion of
certain warranties, so some of the above exclusions may not apply to you.
Limitation of Liability
Kalp Agro���s entire liability, and your exclusive remedy,
in law, in equity, or otherwise, with respect to the website content / and/or
for any breach of this agreement is solely limited to the amount you paid
Kalp Agro will not be liable for any direct, indirect, incidental, special or
consequential damages in connection with this agreement &/or in any manner,
including liabilities resulting from:
· the use or the inability to use the website
content / ;
· the cost of procuring substitute content / ;
· any information obtained / purchased or
transactions entered into through the website;or
· any lost profits you allege.
Some jurisdictions do not allow the limitation or exclusion of
liability for incidental or consequential damages so some of the above
limitations may not apply to you.
Conjunction with the Limitation of Liability as explained above, you expressly
understand and agree that any claim against us shall be limited to the amount
you paid, if any, for use of. www.attabazzar.com / Kalp Agro will
not be liable for any direct, indirect, incidental, consequential or exemplary
loss or damages which may be incurred by you as a result of using our Resources
/ , or as a result of any changes, data loss or corruption, cancellation, loss
of access, or downtime to the full extent that applicable limitation of
liability laws apply.
Indemnification:
You will release, indemnify, defend and hold harmless Kalp Agro,
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
· this Agreement or the breach of your
warranties, representations and obligations under this Agreement
· the Website content or your use of the Website
content;
· any intellectual property or other proprietary
right of any person or entity;
· your violation of any provision of this Agreement;
or
· any information or data you supplied to Kalp
Agro.
When Kalp Agro is threatened with suit or sued by a third party
Kalp Agro may seek written assurances from you concerning your promise to
Indemnify Kalp Agro; your failure to provide such assurances may be considered
by Kalp Agro to be a material breach of this Agreement. Kalp Agro will have the
right to participate in any defense by you of a third-party claim related to
your use of any of the Website content www.attabazzar.com , with the counsel of Kalp Agro ���s choice at its expense. Kalp Agro will reasonably cooperate in
any defense by you of a third-party claim at your request and expense. You will
have sole responsibility to defend Kalp Agro against any claim, but you must
receive Kalp Agro ���s prior written consent regarding any related
settlement. The terms of this provision will survive any termination or
cancellation of this Agreement or your use of the Website www.attabazzar.com
Copyrights / Trademarks
All content and materials available on www.attabazzar.com, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Kalp Agro and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Kalp Agro.
Agreement To Be Bound
BY USING THIS WEBSITE OR ORDERING, YOU ACKNOWLEDGE THAT YOU HAVE
READ AND AGREE TO BE BOUND BY THIS AGREEMENT AND ALL TERMS AND CONDITIONS ON
THIS WEBSITE.
General Clause:
Force Majeure: Kalp Agro will not be deemed in default here under
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.
Cessation of Operation: Kalp Agro may at any time, in its sole discretion and without advance notice to you, cease operation of the Website
Entire
Agreement: This Agreement comprises the entire agreement between you
and Kalp Agro and supersedes any prior agreements pertaining to the subject
matter contained herein.
Governing Law:
This website is controlled by Kalp Agro from our offices located in the state of Maharashtra, India. It can be accessed by most countries around the world. As each country has laws that may differ from those of Maharashtra, India, by accessing our website, you agree that the statutes and laws of Maharashtra, India, without regard to its conflict of law principles to the contrary and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website
Effect of Waiver:
The failure of Kalp Agro to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and the other provisions of this Agreement remain in full force and effect.
Governing Law/Jurisdiction:
This Website originates from the Maharashtra, India. This
Agreement will be governed by the laws of the State of Maharashtra, India. It
can be accessed by most countries around the world. As each country has laws
that may differ from those of Maharashtra, India without regard to its conflict
of law principles to the contrary. Neither you nor Kalp Agro will commence Maharashtra),
India. This Agreement will be governed by the laws of the State of Maharashtra,
India. It can be accessed by most countries around the world. As each country
has laws that may differ from those of Maharashtra, India without regard to its
conflict of law principles to the contrary. Neither you nor 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
State of Maharashtra, India. It can be accessed by most countries around the
world. As each country has laws that may differ from those of Maharashtra,
India. By using this Website or ordering , you consent 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. You hereby waive any right to
trial by jury arising out of this Agreement and any related documents.This
website is controlled by Kalp Agro from our offices located in the state of Maharashtra,
India. It can be accessed by most countries around the world. As each country
has laws that may differ from those of Maharashtra, India, by accessing our
website, you agree that the statutes and laws of Maharashtra, India without
regard to the conflict of laws and the United Nations Convention on the
International Sales of Goods, will apply to all matters relating to the use of
this website
Furthermore, any action to enforce this User Agreement shall be brought in the courts having jurisdiction over such issue, located in Maharashtra, India. You hereby agree to judgment passed by such courts and waive any right to jurisdictional, venue, or inconvenient forum objections to such courts.
Statute of Limitation:
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or or this Agreement must be filed within one (1) year after such claim or cause of action arose else be forever barred.
Waiver of Class Action Rights:
BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIM WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF OR RELATING TO OR IN CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
Termination:
Kalp Agro reserves the right to terminate your access to the www.attabazzar.com if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the www.attabazzar.com. If your access to the Website is terminated, Kalp Agro reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until Kalp Agro chooses, in its sole discretion and without advance notice to you, to terminate it.
Domestic Use:
Kalp Agro makes no representation that the Website or are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
Guarantee:
Unless otherwise expressed, Kalp Agro & www.attabazzar.com expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness of content / for a particular purpose and non-infringement.
Assignment:
You may not assign your rights and obligations under this
Agreement to anyone. Kalp Agro may assign its rights and obligations under this
Agreement in its sole discretion and without advance notice to you.
BY USING THIS WEBSITE OR ORDERING FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
Contact Information:
If you have any questions or comments about these our Terms of
Service as outlined above, you can contact us at:
Kalp Agro
Plot 147, Sector 21, Near Yamunanagar Police chowki, P.C.N.T.D.A.
Pune 411044