Application And Acceptance Of The Terms
You acknowledge and agree that BIOGREEN may amend any Terms at any time by posting the amended and restated Terms on the Site. By continuing to use the Services or the Site, you agree that the amended Terms will apply to you.
You may be required to enter into a separate agreement, whether online or offline, with BIOGREEN our affiliate for any Service (“Additional Agreements”). If there is any conflict or inconsistency between the Terms and an Additional Agreement, the Additional Agreement shall take precedence over the Terms only in relation to that Service concerned.
The Terms may not otherwise be modified except in writing by an authorized officer of BIOGREEN.
Provision Of Services
You must register as a member on the Site in order to access and use some Services. BIOGREEN reserves the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) to paying Users or subject to other conditions that BIOGREEN may impose in its discretion.
BIOGREEN may launch, change, upgrade, impose conditions to, suspend, or stop any Services (or any features within the Services) without prior notice except that in case of a fee-based Service, such changes will not substantially adversely affect the paying Users in enjoying that Service.
As a condition of your access to and use of the Site or Services, you agree that you will comply with all applicable laws and regulations when using the Site or Services.
You agree to use the Site or Services solely for your own private and internal purposes. You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc. available on or through the Site (the “Site Content”), and (b) you will not copy, reproduce, download, compile or otherwise use any Site Content for the purposes of operating a business that competes with BIOGREEN, or otherwise commercially exploiting the Site Content. Systematic retrieval of Site Content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from BIOGREEN is prohibited. Use of any content or materials on the Site for any purpose not expressly permitted in the Terms is prohibited.
BIOGREEN may allow Users to access content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise), API or otherwise to such third parties’ site. You are cautioned to read such site’ terms and conditions and/or privacy policies before using the site. You acknowledge that BIOGREEN neither has control over such third parties’ sites nor does it monitor such site, and shall not be responsible or liable to anyone for such site, or any content, products or services made available on such site.
User must be registered on the Site to access or use some Services (a registered User is also referred to as a “Member” below). Except with approval, one User may only register one member account on the Site. BIOGREEN may cancel or terminate a User’s member account if BIOGREEN has reasons to suspect that the User has concurrently registered or controlled two or more member accounts. Further, BIOGREEN may reject User’s application for registration for any reason.
Upon registration on the Site, BIOGREEN shall assign an account and issue a member ID and (the latter shall be chosen by a registered User during registration) to each registered User.
A set of Member ID and password is unique to a single account. Each Member shall be responsible for maintaining the confidentiality and security of your Member ID and password and for all activities that occur under your account. No Member may share, assign, or permit the use of your Member account, ID or password by another person outside of the Member’s own business entity. Member agrees to notify BIOGREEN immediately if you become aware of any unauthorized use of your password or your account or any other breach of security of your account.
Member agrees that all activities that occur under your account (including without limitation, any company or product information, clicking to accept any Additional Agreements or rules, subscribing to or making any payment for any services) shall be deemed to have been authorized by the Member.
Member acknowledges that sharing of their account with other persons, or allowing people outside of their business entity to use their account (collectively, “multiple use”), may cause irreparable harm to BIOGREEN or other Users of the Site. Member shall indemnify BIOGREEN, our directors, employees, agents and representatives against any loss or damages (including but not limited to loss of profits) suffered as a result of the multiple use of their account. Member also agrees that in case of the multiple use of their account or Member’s failure to maintain the security of their account, BIOGREEN shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate Member’s account without liability to Member.
Use of the Site is unavailable to persons below the age of 18 years or persons who cannot legally enter into a valid contract under the Indian Contract Act, 1872 or Users suspended or removed from BIOGREEN’s system for any reason whatsoever. However if you are below the age of 18 years, you may avail of BIOGREEN’s services through Your legal guardian in accordance with applicable laws.
Each Member represents warrants and agrees that (a) they have full right to enter into and perform the obligations here under; (b) they shall use the Site and Services for business purposes only; and (c) the address they provide at the time of registration is the principal place of business of their business entity. For purposes of this provision, a branch or liaison office will not be considered a separate entity.
Member will be required to provide information or material about their entity, business products/services as part of the registration process on the Site or their use of any Service or the member account. Each Member represents warrants and agrees that (a) such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of the Site or Service is true, accurate, current and complete, and (b) they will maintain and promptly amend all information and material to keep it true, accurate, current and complete.
Each Member represents, warrants and agrees that (a) you shall be solely responsible for all necessary third party licenses and permissions regarding any User Content that you submit, post or display; (b) any User Content that you submit, post or display does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party (“Third Party Rights”); and (c) you have the right and authority to sell, trade, distribute or export or offer to sell, trade, distribute or export the products or services described in the User Content and such sale, trade, distribution or export or offer does not violate any Third Party Rights.
Each Member further represents, warrants and agrees that the User Content that they submit, post display shall:
be true, accurate, complete and
not be false, misleading or
not contain information that is defamatory, libellous, threatening or harassing, objectionable, offensive, sexually explicit or harmful to minors;
not contain information that is discriminatory or promotes discrimination based on race, religion, nationality, disability, sexual orientation or age;
not violate the Product Listing Policy, other Terms or any applicable Additional Agreements
not violate any applicable laws and regulations (including without limitation those export control, consumer protection, unfair competition, or false advertising) or promote any activities which may violate any applicable laws and regulations;
not contain any link directly or indirectly to any other site which includes any content that may violate the Terms or the applicable laws.
Each Member further represents, warrants and agrees that they
Carry on their activities on the Site in compliance with any applicable laws and regulations
Conduct their business transactions with other users of the Site in good faith
Carry on their activities in accordance with the Terms and any applicable Additional Agreements
Not use the Services or Site to defraud any person or entity (including without limitation of stolen items, use of stolen credit/debit cards);
Not impersonate any person or entity, misrepresent themselves or their affiliation with any person or entity;
Not engage in spamming or phishing;
Not engage in any other unlawful activities (including without limitation those which constitute a criminal offence, give rise to civil liability, etc.) or encourage or abet any unlawful activities;
Not involve attempts to copy, reproduce, exploit or expropriate BIOGREEN various directories, databases and listings;
Not involve any computer viruses or other destructive devices and codes that have the effect damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
Not involve any scheme to undermine the integrity of the data, systems or networks used by BIOGREEN and/or any other User of the Site or gain unauthorized access to such data, systems or networks;
Not engage in any activities that would otherwise create any liability for BIOGREEN
Member shall not use the Services and member account to engage in activities which are identical similar to BIOGREEN’s e-commerce marketplace business.
If Member provides a business referee, Member represents, warrants and agrees that you obtained all necessary consents, approvals and waivers from your business partners and associates to (a) act as your business referee; (b) post and publish their contact details and information, reference letters and comments on their behalf; and (c) that third parties may contact such business referees to support claims or statements made about you. You further warrant and agree that all reference letters and comments are true and accurate and third parties may contact the business referees without the need to obtain your consent.
Member agrees to provide all necessary information, materials and approval, and render reasonable assistance and cooperation necessary for BIOGREEN’s provision of the Services, evaluating whether Member has breached the Terms and/or handling any complaint against the Member. If Member’s failure to do so results in delay in, or suspension or termination of, the provision of any Service, BIOGREEN shall not be obliged to extend the relevant service period nor shall be liable for any loss or damages arising from such delay, suspension or termination.
Member acknowledges and agrees that BIOGREEN shall not be required to actively monitor exercise any editorial control whatsoever over the content of any message or material or information created, obtained or accessible through the Services or Site. BIOGREEN does not endorse, verify or otherwise certify the contents of any comments or other material or information made by any Member. Each Member is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information provided by the Member.
Member acknowledges and agrees that the Services may only be used by businesses and representatives for business use and not for individual consumers or for personal use.
Member acknowledges and agrees that each Member is solely responsible for applicable laws and regulations in its respective jurisdictions to ensure that all use of the Site and Services are in compliance with the same.
Breaches By Members
BIOGREEN reserves the right in our sole discretion to remove, modify or reject anything you submit to, post or display on the Site which we reasonably believe is unlawful, violates the Terms, could subject BIOGREEN to liability, or is otherwise found inappropriate in BIOGREEN’s sole discretion.
If any Member breaches any Terms or if BIOGREEN has reasonable grounds to believe that Member is in breach of any of the Terms, BIOGREEN shall have the right to impose a penalty against the Member, or suspend or terminate the Member’s account or subscription of any Service without any liability to the Member. BIOGREEN shall also have the right to restrict, refuse or ban any and all current or future use of any other Service that may be provided by BIOGREEN. The penalties that BIOGREEN may impose include, among others, warning, removing any product listing or other User Content that the Member has submitted, posted or displayed, imposing restrictions on the number of product listings that the Member may post or display, or imposing restrictions on the Member’s use of any features or functions of any Service for such period as BIOGREEN may consider appropriate in its sole discretion.
Without limiting the generality of the provisions of the Terms, a Member would be considered being in breach of the Terms in any of the following circumstances: a) Upon receipt of complaint or claim from any third party, b) BIOGREEN has reasonable grounds to suspect that such Member has used a stolen credit card or c) BIOGREEN has reasonable grounds to suspect that any information provided by the Member incorrect, fake, incomplete or non-current d) BIOGREEN believes that the Member’s actions may cause financial loss or legal liability to BIOGREEN or such Member has wilfully or materially failed to perform its perform its obligations towards other users including without limitation to, where the Member has failed to deliver any items ordered by such other user after receipt of the purchase price, or where the items Member has delivered materially fail to meet the terms and descriptions outlined in the Member’s product description.
BIOGREEN reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, BIOGREEN may disclose the Member’s identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action. BIOGREEN shall not be liable for damages or results arising from such disclosure, and Member agrees not to bring any action or claim against BIOGREEN for such disclosure.
Each Member agrees to indemnify BIOGREEN, our directors, employees, agents and representatives to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from your submission, posting or display of any User Content, from your use of the Site or Services, or from your breach of the Terms.
Limitation Of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ON THE SITE OR THROUGH THE SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”, AND BIOGREEN HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, AND UNDERTAKINGS ARE HEREBY EXCLUDED.
Notwithstanding any of the foregoing provisions, the aggregate liability of BIOGREEN, our employees, agents, representatives or anyone acting on our behalf with respect to each User for all claims arising from the use of the Site or Services during any calendar year shall be limited to the greater of (a) the amount of fees the User has paid to BIOGREEN or our affiliates during the calendar year and (b) the maximum amount permitted in the applicable law. The preceding sentence shall not preclude the requirement by the User to prove actual damages. All claims arising from the use of the Site or Services must be filed within one (1) year from the date the cause of action arose or such longer period as prescribed under any applicable law governing these Term.
Under no circumstances shall BIOGREEN be held liable for any delay or failure or disruption content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties
Intellectual Property Rights
BIOGREEN is the sole owner or lawful licensee of all the rights and interests in the Site and Content. The Site and Site Content embody trade secrets and other intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Site and Site Content shall remain with BIOGREEN, our affiliates or licensors of the Site Content, as the case may be. All rights not otherwise claimed under the Terms or by BIOGREEN are hereby reserved.
All legal notices or demands to or upon a User shall be effective if sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to BIOGREEN, or by posting such notice or demand on an area of the Site that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when received by the User or when such notice or demand is posted by BIOGREEN on an area of the Site that is publicly accessible.
All legal notices or demands to or upon BIOGREEN shall be made in writing and sent to personally, by courier, certified mail, or facsimile to the following entity and address: BIOGREEN #1516, Eshwari Capital,
2nd Floor, RBI Layout, JP Nagar 7th Phase, Bengaluru, Karnataka 560078 The notices shall be effective when they are received by BIOGREEN in any of the above-mentioned manner.
All legal notices or demands to or upon a User shall be effective if sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to BIOGREEN, or by posting such notice or demand on an area of the Site that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when. a) BIOGREEN is able to demonstrate that communication, whether in physical or electronic form, and (b) Immediately upon BIOGREEN posting such notice on an area of the Site that is publicly accessible been sent to such User, or without charge.
Subject to any Additional Agreements, the Terms constitute full and complete arrangement between a User and BIOGREEN with respect to and govern your use of the Site and Services, superseding any prior written or oral agreements in relation to the same subject matter herein.
BIOGREEN and you are independent contractors, and no agency, partnership, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
If any provision of the Terms is held to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be deemed to be deleted and the remaining provisions shall remain valid and binding.
Headings are for reference purposes only and in no way define, limit, construe or describe scope or extent of such section.
BIOGREEN’s failure to enforce any right or failure to act with respect to any breach by Terms will not constitute a waiver of that right nor a waiver of BIOGREEN’s right to act with respect to subsequent or similar breach by the User.
The terms shall be governed by the laws of India without regard to its conflict of law and the parties to the Terms agree to submit to the exclusive jurisdiction of the courts of Bangalore.