Conditions of Use of Nurture.retail

Please read these conditions carefully before using the nurture.retail application. By using the Nurture.retail application, you signify your agreement to be bound by these conditions.

In addition, when you use any current or future Nurture.retail service (eg. Nurture Marketplace) ("AFS Service"), you will also be subject to the terms, guidelines and conditions applicable to that AFS Service ("Terms"). If these Conditions of Use are inconsistent with such Terms, the Terms will control.

These "Conditions of Use" constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.

1. Your Account

If you use the application, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with through application. You agree and acknowledge that you will use your account on the application to purchase products and services for your business purposes and not for your personal use. Nurture.retail reserves the right to refuse access to the application, terminate accounts, remove or edit content at any time without notice to you.

2. Privacy

We know that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly. This Privacy Notice describes how AFS AgTech Private Limited and its affiliates including UPL Limited (collectively "AFS") collect and process your personal information through AFS websites, devices, products, services, website and applications that reference this Privacy Notice (together "AFS Services").

By using AFS Services you agree to our use of your personal information (including sensitive personal information) in accordance with this Privacy Notice, as may be amended from time to time by us at our discretion. You also agree and consent to us collecting, storing, processing, transferring, and sharing your personal information (including sensitive personal information) with third parties or service providers for the purposes set out in this Privacy Notice.

Personal information subject to this Privacy Notice will be collected and retained by AFS AgTech Private Limited with registered office at Uniphos House, 11th Road, Khar West, Mumbai 400 052 India.

What personal information about customers does AFS collect?

We collect your personal information in order to provide and continually improve our products and services.

Here are the types of personal information we collect:

Information You Give Us: We receive and store any information you provide in relation to AFS Services like your name, gender, age, phone number, IP address, bank and payment related information, your searches, PAN card details and other KYC related information that you provide as part of registration on our website, credit history and your and other addresses where you get your products delivered through our website. You can choose not to provide certain information, but then you might not be able to take advantage of many of our AFS Services.

Automatic Information: We automatically collect and store certain types of information about your use of AFS Services, including information about your interaction with content and services available through AFS Services. Like many websites, we use cookies and other unique identifiers, and we obtain certain types of information when your web browser or device accesses AFS Services and other content served by or on behalf of AFS on other websites.

Information from Other Sources: We might receive information about you from other sources, such as updated delivery and address information from our carriers, which we use to correct our records and deliver your next purchase more easily.

For what purposes does AFS use your personal information?

We use your personal information to operate, provide, develop, and improve the products and services that we offer our customers. These purposes include: purchase and delivery of products and services; provide functionality, troubleshooting, and improvement of AFS Services; providing voice, image and camera services; to comply with legal obligations; to communicate with you; to advertise and for fraud prevention and credit risks. We may also use your personal information to communicate with you in relation to AFS Services via different channels.

To enable our systems to recognize your browser or device and to provide and improve AFS Services, we use cookies and other identifiers.

Does AFS share your personal information?

Information about our customers is an important part of our business and we are not in the business of selling our customers’ personal information to others. We share customers’ personal information only with our affiliates and such information is subject to this Privacy Notice or follow practices at least as protective as those described in this Privacy Notice. We may also share your personal information with third party service provider like courier or transport company or with banks and financial institutions. We may also share your information when we believe such release is appropriate to comply with the law. This may also include exchanging information with other companies and organizations for fraud protection and credit risk reduction.

How secure is information about me?

Your information is secure with us. We use the best in class systems to ensure that all your personal information is safe with us.

What information can I access?

You can access your information, including your name, address, payment options, profile information, and purchase history in the "Your Account" section of the website or mobile application.

What choices do I have?

Many of our AFS Services also include settings that provide you with options as to how your information is being used. As described above, you can always choose not to provide certain information, but then you might not be able to take advantage of many of the AFS Services.

Conditions of use, notices and revisions

If you choose to use AFS Services, your use and any dispute over privacy is subject to this privacy notice and our Conditions of Use, including limitations on damages, resolution of disputes, and application of the prevailing law in India. Unless stated otherwise, our current Privacy Notice applies to all information that we have about you and your account.

The personal information / data provided to us by you during the course of usage of Nurture.retail will be treated as strictly confidential and in accordance with the applicable laws and regulations. If you object to your information being transferred or used, please do not use the application.

3. E-platform for communication

You agree, understand and acknowledge that the application is an online platform that enables you to purchase products and services listed on the application at the price indicated therein at any time from any location.

You confirm that any purchase you do from the application is out of your own choice and freewill. From time to time AFS AgTech Private Limited may recommend certain product and services for sale at its application. Sometime these recommendations may be specific to you based on certain algorithm that we may use. You acknowledge that the purchase of any such product and services on the application is exclusively your choice.

4. Pricing

All the products and services listed on the application will be sold at maximum retail price unless as otherwise specified expressly. The prices of such products and services mentioned at the time of ordering will be the prices charged on the date of the delivery. You acknowledge that though prices of most of the products and services do not fluctuate on a daily basis but some of the prices of products and services do change regularly and that AFS will have the exclusive right to make such changes without giving any prior notice.

5. Cancellation of order

Once you have placed an order, it cannot be cancelled. Any cancellation would be at the sole discretion of AFS AgTech Private Limited.

6. Advisories and other related services

We may from time to time provide farm related advisories to you to improve farm productivity and efficiency. You agree that these advisories are generic in nature and may not take into account your specific requirement. In the event you choose to follow the advisory, you agree that it is out of your choice and freewill.

7. Sale of third party products and services

We may facilitate sale and purchase of third party products and services on the application including those from insurance companies. You understand that we are only acting as facilitators for the sale of such product and services and therefore we cannot be made liable for any claim that you may have against such third party seller. In the event you have such claim, you agree that you will pursue such claims directly with the seller of such product and services and not against us.

8. Access to Nurture.retail

We will do our utmost to ensure that availability of the application will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the application may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.

9. Licence for application access

Subject to your compliance with these Conditions of Use and payment of applicable fees, if any, AFS AgTech Private Limited grants you limited license to access and make personal use of this application , but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of AFS AgTech Private Limited and / or its affiliates, as may be applicable. This licence does not include any resale or commercial use of this application or its contents; any collection and use of any product or service listings, descriptions, or prices; any derivative use of this application or its contents; any downloading or copying of account information for the benefit of another seller; or any use of data mining, robots, or similar data gathering and extraction tools.

This application or any portion of this application (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of AFS AgTech Private Limited and / or its affiliates, as may be applicable.

You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Nurture.retail and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilising AFS AgTech Private Limited's or its affiliates' names or trademarks without the express written consent of AFS AgTech Private Limited and / or its affiliates, as applicable. Any unauthorised use terminates the permission or license granted by AFS AgTech Private Limited and / or its affiliates, as applicable.

10. Your Conduct

You must not use the application in any way that causes, or is likely to cause, the application or access to it to be interrupted, damaged or impaired in any way. You understand that you, and not Nurture.retail, are responsible for all electronic communications and content sent from your computer to us and you must use the application for lawful purposes only. You must not use the application for any of the following:

11. Reviews, comments, communications and other content

Users of this application may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." In the event a user uses a false e-mail address, impersonates any person or entity, or otherwise misleads as to the origin of any content. Nurture.retail reserves the right (but not the obligation) to remove, refuse, delete or edit any content that in the sole judgement of Nurture.retail violates these Conditions of use and, or terminate your permission to access or use this application.

If you do post content or submit material, and unless we indicate otherwise, you

You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to AFS AgTech Private Limited, including the execution of deeds and documents, at its request.

You represent and warrant that you own or otherwise control all of the rights to the content that you post or that you otherwise provide on or through the application; that, as at the date that the content or material is submitted to Nurture.retail: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable Nurture.retail policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory); (iii) the content is lawful. You agree to indemnify AFS AgTech Private Limited and its affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.

12. Claims against Objectionable Content

Because Nurture.retail lists thousands of products and services for sale on the application and hosts many thousands of comments, it is not possible for us to be aware of the contents of each product or services listed for sale, or each comment or review that is displayed. Accordingly, Nurture.retail operates on a "notice and takedown" basis. If you believe that any content on the application is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libellous, obscene, pornographic, paedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, (" Objectionable Content "), please notify us immediately in writing. Once done, Nurture.retail will make all reasonable endeavours to remove such Objectionable Content complained about within a reasonable time.

13. Copyright, authors' rights and database rights

All content included on the application, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of AFS AgTech Private Limited, its affiliates or its content suppliers and is protected by India and international copyright, authors' rights and database right laws. The compilation of all content on this application is the exclusive property of AFS AgTech Private Limited and its affiliates and is protected by laws of India and international copyright and database right laws. All software used on this application is the property of AFS AgTech Private Limited, its affiliates or its software suppliers and is protected by India and international copyright and author' rights laws.

You cannot systematically extract/ or re-utilise parts of the contents of the application without AFS AgTech Private Limited and / or its affiliates (as may be applicable) express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this application, without AFS AgTech Private Limited and / or its affiliates (as may be applicable) express written consent. You may also not create and/ or publish your own database that features substantial (eg: prices and product listings) parts of this application without AFS AgTech Private Limited and / or its affiliates (as may be applicable) express written consent.

14. Trademarks

NURTURE.RETAIL and other marks indicated on our application are trademarks or registered trademarks of AFS AgTech Private Limited or its affiliates. Nurture.retail's graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of AFS AgTech Private Limited or its affiliates. AFS's trademarks and trade dress may not be used in connection with any product or service that is not AFS's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits AFS. All other trademarks not owned by AFS that appear on this application are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by AFS.

15. Disclaimer

You acknowledge and undertake that you are accessing the services on the application and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the application. You further acknowledge and undertake that you will use the application to order products and services only for business purposes and not for personal use. We shall neither be liable nor responsible for any actions or inactions of sellers nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products or services and hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between you and the sellers or manufacturers of the products and services.

We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on the application. While we have taken precautions to avoid inaccuracies in content, this application, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind. We do not implicitly or explicitly support or endorse the sale or purchase of any products or services on the application. At no time shall any right, title or interest in the products sold through or displayed on the application vest with AFS nor shall AFS have any obligations or liabilities in respect of any transactions on the application.

16. Indemnity and Release

You shall indemnify and hold harmless AFS AgTech Private Limited, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of your breach of these Conditions of Use or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.

You hereby expressly release AFS AgTech Private Limited and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.

17. Children

Use of Nurture.retail is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you may use Nurture.retail only with the involvement of a parent or guardian.

18. Other Businesses

Parties other than AFS AgTech Private Limited and its affiliates may operate stores, provide services, or sell product lines on Nurture.retail. For example, businesses and individuals offer products via Marketplace. In addition, we may provide links to the applications of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content of their applications. AFS AgTech Private Limited does not assume any responsibility or liability for the actions, products, and content of any of these and any other third-parties.

19. Reward program

We may introduce reward programs for you and others from time-to-time for products and services you purchase on the application. As part of such reward program, we may offer you points or other rewards for the purchases you have made on the application. Such points or rewards are offered to you for your own use. Unless as otherwise communicated to you in writing by us, you cannot transfer these points or rewards to any third party. In the event you do that, we may revoke your points or rewards, and in some cases, even block you from making purchases from the application.

20. Communications

When you visit Nurture.retail, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the application or by any other mode of communication. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to your use of the application and/or your order placed on the application.

21. Losses

We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the application.

22. Alteration of service or amendments to the conditions

We reserve the right to make changes to our application, policies, and these Conditions of Use at any time. You will be subject to the policies and Conditions of Use in force at the time that you use the application or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

23. Events beyond our reasonable control

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. In the event this happens, we will, at our option, either, make commercial efforts to reschedule the delivery of such products and services to a date nearer to the earlier committed date or refund the amount that you paid. This condition does not affect your statutory rights.

24. Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

25. Governing law and Jurisdiction

These conditions are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Mumbai.

26. Our Details

This application is operated by AFS AgTech Private Limited.

For the Nurture.retail application, you could contact us by visiting: www.nurture.farm and App Link