1. The Terms
1.2 PLEASE READ the TERMS carefully before you use or access of any material, any information or services on or through the Website with the aforementioned domain names. Your use of the website or access of any material, information or services on or through the website shall signify your acceptance of the Terms and your agreement will be legally binding on you.
2.1 The Website is a portal owned and operated by the Company. Your use of the website is subject to acceptance of the terms, conditions and notices which are contained in the Terms, which includes any amendments made on the discretion of the Company and posted on the Website, and inclusive of imposition of a charge for accessing and using a Service (mentioned below)
(i) Use of the website with the aforementioned domain name, use of any facility or service provided through the website in any way.
2.2 In case if there are any revisions to the terms it will be posted on the Website, and the Company will not be required to notify you separately any of the changes. Your access of the website at any point in time will have the latest version of the terms, and the Users should visit the website regularly to view the current terms. The ‘Last Updated’ caption will hold the date-stamp of when the terms were last modified, and it is the user’s responsibility to check the terms periodically. The company may also require your consent to the updated Terms, before any further use of the Website and the services. In case such a separate consent is not sought, the User’s continued use of the Website will be indicative of the acceptance of the changes in the Terms.
Agrasen Global provides a platform which facilitates the sale of products and services to Users. The purchase of such products and services will be governed by the Terms of offer for sale that is ‘Terms of Offer for Sale’.
4. Eligibility to use Services
4.1 Services offered will be available to persons with age of 18 years and above, as per the laws applicable in India. Any person below the stated age is a minor and will have no access to the services offered by the company. If You are a resident outside India, you must ensure that you are eligible to enter into a contract. It is understood that You belong to a legal age to form a binding contract, and you are not a person barred from receiving the Services under the laws as applicable in India.
4.2 The Company shall reserve the right to decline the access for using the Services offered at the Website to any new Users, or any existing User(s) may have their access to the Website terminated at any point in time and for any reason, or without providing any reasons.
5. Security, User Account and Password
5.2 The confidentiality of your Account Information and activities that occur under your Account is your sole responsibility. You agree to (i) immediately notify the Company of any instances of unauthorized use of your Account Information or any instances of breach of security (ii) ensure logging out from your Account at the end of each session (and clearing the cache). Agrasen Global will not be liable for any loss or damage that arises from Your failure to comply with these conditions. You may be held liable for the authorized or unauthorized use of your Account and failure to keep Your Account Information secure and confidential resulting in losses to Agrasen Global, any other User or Visitor.
5.3 You agree to provide complete, accurate and update information towards the Account Information on the Website’s registration web page. Availing the Services offered by the Company via another User’s Account Information is expressly prohibited.
5.4 In case you provide information which is false, inaccurate, not updated, or incomplete, or becomes false, inaccurate, not updated or incomplete, or the Company finds reasonable grounds to consider that the information provided is false, inaccurate, not updated or incomplete; Agrasen Global reserves the right to suspend or terminate Your Account and also refuse any existing or forthcoming use of the Website, or any portion thereof.
6. Pricing Information
6.1 Agrasen Global endeavours to make the products and services available to You at the best prices and terms. The pricing policy details for the purchase of the products and services are detailed in the Terms of Offer for Sale.
6.2 You agree to provide accurate and correct credit/debit card details to the permitted payment gateways for availing the Services offered by the Company. You also agree NOT to use the credit/debit card details that is not owned by You for any transactions. The information provided by You will not be utilized or shared with any third party, excluding when required in context of fraud verifications, by law, regulation or by court order. It is also agreed that for the confidentiality inclusive of security of Your credit/debit card details, you will be solely responsible. The Company expressly disclaims liabilities that may arise due to unauthorized use of Your credit/debit card.
6.3 The Company will not be liable whatsoever in regards to losses or damages which may happen directly or indirectly out of the decof authorization for any transaction for any reason whatsoever.
7. User Obligations
7.2 You agree to avail the Services, and use the Website, any material provided therein ONLY for the purposes which are permissible by (i) the Terms (ii) any applicable Law, Regulation, generally acknowledged practices, or guide in the pertinent jurisdictions.
7.3 You agree to adhere to access the Website with all the restrictions on dissemination, use and imitation of any materials such as the product catalogues, and use the Website in accordance with the Terms and in particular Section 8.
7.4 You agree to access the Website, the Services and any materials on the website ONLY through the interface provided by Agrasen Global. You will NOT access, acquire, copy or monitor any part/portion of the Website or Content (as defined below) through any deep-link, robot, spider, any other automatic device, database, algorithm, methodology or any similar or equivalent manual process. You will also NOT reproduce or evade the navigational structure or presentation of the Website, any materials or content to obtain or attempt to obtain any of the materials, documents, or information through means which are NOT specifically made available through the Website.
7.5 You may be exposed to content from other users, while accessing or using the Website or Services, that you may consider unpleasant, indecent, or objectionable. Agrasen Global disclaims liabilities arising in context of such offensive content on the Website. You may consider reporting any such offensive content as prescribed below.
7.6 You agree to ensure posting or uploading any material on the Website, if permissible, which is NOT offensive and in accordance to the applicable laws. You also agree NOT to:
(i) Defame, harass, abuse, threaten or violate the legal rights of other User.
(ii) Impersonate any person or entity, or falsely misrepresent Your affiliation with a person or entity.
(iii) Post, Publish, Upload, Distribute, or Disseminate any inapt, profane, obscene, defamatory material, infringing, or indecent or unlawful topic, name, material or any information through any bookmark, tag or keyword.
(iv) Upload files that contain any software or post, publish any material which is protected by intellectual property laws, except if You own, control the rights of the same or have received all the necessary consents.
(v) Upload or engage in distributing any files containing viruses, corrupted files, any other similar software or programs which can damage the operation of the Website or any other person’s computer.
(vi) Engage or indulge in any activity which can interfere with or disrupt the access to the Website or the Services, inclusive of the servers and networks that are connected to the Website.
(vii) Gain or attempt to gain any unauthorized access to any portion or any feature of the Website, other systems, or networks connected to the Website, which includes any of the Company’s servers or access any Services offered on or through the Website by any illegitimate means, such as hacking, and password mining.
(viii) Probe, engage in scanning or testing the vulnerability of the Website, any network connected to the Website or engage in breaching the security and authentication measures on the Website or any network connected to the Website. You will not reverse the look-up, trace or seek to trace any information on any other user, visitor of the Website, or customer of the Company, inclusive of any Agrasen Global Account which is not owned by You, to its source; or exploit the use of the Website, Service or information made available or offered through the Website, in any way with the purpose of revealing any information, inclusive of and not limited to personal identification information.
(ix) Disrupt or interfere with the security of, or cause harm to the Website, systems resources, any accounts, passwords, servers, or connected networks or accessible through the Websites or any other affiliated or linked sites.
(x) Engage in collection or storing of data about other users.
(xi) Use any device or software that interferes with the Website functioning, or any transaction so conducted on the Website, or any other person’s use of the Website.
(xii) Use the Website, any content or material for purposes that is unlawful or prohibited by the Terms, or solicits any illegality of activity or other activity which infringes the rights of Agrasen Global or other third parties.
(xiii) Engage in conducting or forward any surveys, contests, pyramid schemes or any chain letters.
(xiv) Download file(s) posted by another user using a Service that you know or reasonably should know and distribute it in any manner illegally.
(xv) Falsify or delete any author attributions, legal, notices, or labels of the origin or source of software or proprietary designations or other material that is contained in a file and is uploaded.
(xvi) Violate any code of conduct or any other guide that may be applicable to the Service.
(xvii) Violate any applicable laws or regulations in force for the time within or outside India.
(xviii) Violate any of the Terms including but not limited to any applicable Additional terms; and
(xix) Engage in modifying, copying, distributing, reverse engineering, displaying, performing, reproducing, publishing, transmitting, creating derivative works from, licensing, transferring or selling any information or software that is obtained from the Website.
7.7 You agree that you are solely responsible to the Company and to any third party for any instances of breach of Your obligations under the Terms and for the consequences, inclusive of losses or damages that Agrasen Global or its affiliates may suffer, from any such breach.
8. Use of Materials
8.1 Agrasen Global grants You a non-exclusive, and revocable - upon notice from the Company, non-transferable access to view, download or print product catalogues or any other materials available on the Website, except as explicitly indicated to the contrary herein or in any applicable Additional Terms, and subject to the following conditions:
(i) You may access and use the materials ONLY for personal, informational, and internal purposes and in accordance to the defined Terms.
(ii) You will NOT modify or alter the product catalogues or any other materials that is available on the Website; and
(iii) You will NOT delete, remove any of the text, copyright or proprietary notices contained in the product catalogues, or any other materials that is available on the Website.
8.2 You will NOT have the rights as specified above, to the elements such as the Website design, layout, or the look and feel, which is protected by the intellectual property rights, and You may not copy or imitate the elements in whole or in part. The copying or retransmission of the product catalogues or any other material available on the Website is possible, unless expressly prohibited by the Company.
8.3 Any software which is available on the Website is the property of the Company, and you may NOT use, download or install the software, unless expressly permitted by Agrasen Global.
9. Usage Conduct
9.1 You will solely be responsible for the maintenance of the necessary computer equipment, peripherals and the Internet connections that required to access and transact on the Website.
9.2 You will use the Website ONLY for reasonable and lawful purposes, and will not indulge activities which are not envisaged through the Website.
9.3 The Company will NOT be under any liability whatsoever in respect of losses or damages arising directly or indirectly out of the decof authorization for any of the transactions for any reason.
10. Intellectual Property Rights
10.1 The Website and the processes, the selection and arrangement which includes and not limited to the text, graphics, user interfaces, visual interfaces, audio files, artwork and computer code - the ‘Content’ so posted on the Website is agreed to be owned and controlled by Agrasen Global, and the design, structure, selection, the expression, look and feel and the arrangement of the Content is protected by the copyright, patent, trademark laws and other intellectual property rights.
10.2 The logos, trademarks, and service marks displayed on the Website ‘Marks’ are the property of Agrasen Global or other third parties, and You are NOT permitted to use the Marks minus the consent of Agrasen Global.
10.3 All intellectual property rights to the trademark ‘A.G.P.L’ and variants thereof and the domain name including without limitation, the rights, title and interest in, and to copyright, rights, all patents, utility models, the designs, trade secrets, inventions (patent pending), all source code, meta tags, the databases, text, content, graphics, icons, the hyperlinks, know-how and goodwill is the property of Agrasen Global, and any unauthorized use thereof is expressly prohibited.
10.4 You agree NOT to copy, republish, post, transmit, display, reproduce, translate any Content through any medium without obtaining the requisite authorization from Agrasen Global, except as expressly provided herein.
10.5 The Website has general information such as product catalogues, lists of authorized dealers, clients, reports on news, technology, entertainment and features, advertisements including videos, the images, and photographs of the products. You may receive similar such content by electronic mail (e-mail) from Agrasen Global. The provision of content is for general informational purposes only, and you acknowledge that the content obtained from the various sources and provided to You is believed to be reliable.
11. Disclaimer of Warranties and Liabilities
You Understand and Agree to the Maximum extent permitted by the applicable law:
11.1 You comprehend and agree to indemnify, defend and hold harmless Agrasen Global against all losses, liabilities, claims, damages, costs and expenses, inclusive of legal fees and disbursements in connection with and interest chargeable on, asserted against or incurred by the Company, that arise as a result of any breach of depiction, warranty, agreement or settlement made or an obligation to be performed by You, pursuant to the Terms of Offer for Sale or any Additional Terms applicable to the purchase of Products.
11.2 You agree that Agrasen Global, its officers, directors, employees, partners or vendors are NOT liable to You, the vendor, or any third party for any related, special, indirect, consequential, or disciplinary damages, inclusive of those resulting from the loss of use, data or profits, whether foreseeable or not, or whether indicative of the Company being advised of the possibility of damages, or based on any theory of liability, and inclusive of breach of contract or warranty, negligence, or any claim arising out of or in connection with Your purchase of products and services. Agrasen Global’s liability to You under the Terms of Offer for Sale or otherwise will be the refund of money charged from You when the unlikely liability arises, and notwithstanding anything to the contrary.
11.3 You agree NOT to hold Agrasen Global liable for any loss which may incur as a result of unauthorized use of your account, account information, any services, or materials either with or without your knowledge. Agrasen Global continuously strives to ensure that the information on the Website is update and correct, but it does not provide any warranties in context to the quality, accuracy or completeness of the data, information, product or service. The Company will NOT be responsible for any delay, inability to use the Website, any related functionalities, the provision of or failure to provide the functionalities or for any information, software, products, functionalities of the website, graphics obtained from the website, or arising out of the use of the Website, whether it is grounded on contract, offense, negligence, strict liability or otherwise. You also agree that Agrasen Global will NOT be responsible for non-availability of the Website on counts of periodic maintenance operations, unplanned holdups of access to the Website that may occur due to technical reasons or any other reasons. The User agrees that any material, data downloaded, or any material obtained through the Website is entirely at the sole discretion and risk of the User, and ONLY the User will be responsible for any damage to the computer systems, loss of data resulting from the download of such material or data. Agrasen Global will NOT be responsible for errors of the typographical nature that may lead to invalidity of any kind. The Company accepts NO liability on counts of errors, or omissions with respect to any information provided to You by the Company or on behalf of any third parties.
11.4 The Limitations and Exclusions in this section apply to the maximum extent permitted by the Law.
12.1 You agree that Agrasen Global has the right to terminate with or without notice Your access to the Website, if You have violated the Terms, Additional Terms or any other duty owned to the Company. Your violation of the Terms will be considered unlawful and an unfair business practice, causing harm to the Company, and monetary damages will NOT be considered adequate, Agrasen Global can obtain any injunctive or equitable relief that it finds appropriate or necessary from You. The remedies are an addition to any other remedies that Agrasen Global may have at law or in equity.
12.2 You agree to indemnify, defend and hold harmless Agrasen Global, and its affiliate, its vendors, agents, shareholders and employees from and against losses, claims, damages, costs and expenses, demands, inclusive of legal fees and disbursements therewith and interest chargeable thereon, which are asserted against or which may be incurred by the Company arising out of, resulting from or payable on counts of any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You. You also agree to hold Agrasen Global harmless against any claims made by any third party on counts arising out of Your use of the Website, claims that a third party was damaged by Your material, violation of terms by You, and violation of rights of any other person by You. You agree to pay all reasonable attorneys’ fees and costs, and any other relief granted to Agrasen Global, as the Company’s entitlement to recover from You.
13.1 The Terms will continue to apply till You or Agrasen Global terminate it, as stated below. When You wish to terminate Your agreement with the Company, you may (i) discontinue accessing the Website (ii) close your accounts.
13.2 Agrasen Global at its sole discretion, at any time with or without notice terminate or suspend the Terms if:
(ii) It is a requisite by law, such as where the provision of the Services offered to You is, or is considered unlawful or abided as a request by a regulatory authority.
(iii) The provision of the Services offered to You, is no more commercially viable in the opinion of the Company.
(iv) Agrasen Global decides to discontinue, with or without reason, the access to the Website, the Services offered (or any part thereof), either in general or specifically to You.
(v) There are technical or other reasons, Termination or Suspension may include: (a) removal of access to either all or a portion of the offerings on the Website or in regard to the Services a portion thereof (b) deletion of any or all of Your materials and / or Account Information inclusive of personal information, login identification, password and all related information, files, and materials that is associated with You or is inside Your Account (or any part thereof) (c) barring of further use of the Website or Services offered. The Company may also delete any content or materials that relates to Your use of the Website.
13.3 Any such Termination will NOT make Agrasen Global liable to You or any third party.
13.4 Your liability or obligation arising prior to such Termination or Suspension shall not be affected by the Termination or Suspension.
14. Governing Law
14.1 The Laws of India without reference to conflict of principles will govern the Terms and transactions entered, the relationship between You and Agrasen Global, and any mutual claims.
14.2 You agree to accede and accept the jurisdiction of the courts at Mumbai, India exclusively for all claims, differences and disputes that arise in connection with or in relation to the Website, the Terms, transactions entered into on or through the Website.
15. Report Abuse
In the event You come across any abuse, violation of the Terms, or if you come across any objectionable content on the Website, please report to firstname.lastname@example.org.
17. Newsletters and Communications
You agree to receive communications and newsletters by Agrasen Global by short message service (SMS) and electronic mails (e-mail). You may unsubscribe or opt-out of receiving such communication and newsletters from Agrasen Global at any point in time by following the procedure suggested in the Website.
18. General Provisions
18.1 Notices: All the Notices from Agrasen Global will be communicated to your e-mail account, as designated by You or a placement of general notification on the Website. Pursuant to the Terms any notice which You may wish to provide Agrasen Global should be sent to email@example.com
18.3 Severability: If any of the provisions of the terms, or portion thereof are found not enforceable, by a court of competent jurisdiction then the same shall not affect the necessities of any other portion of the Terms. In any event such provisions will be enforced to the maximum extent that is allowable to partake in effecting the intent of the parties as reflected by the provision.
18.4 Waiver: A Waiver of any Provision of the Terms or right, shall NOT be constituted due to the failure of Agrasen Global to enforce or exercise such provisions.
18.5 Feedback and Information: Any feedback provided by You to the Website will be deemed as non-confidential. Agrasen Global will be free to use the information on an unrestricted basis. Further on submission of Your feedback, You warrant that (i) The feedback submitted by You does not contain any confidential or proprietary information of You or of any third party (ii) Agrasen Global will NOT be under any obligation of confidentiality express or implied in context of the feedback (iii) You will NOT be entitled to any compensation or reimbursement from Agrasen Global for the feedback.
18.6 Exactness Not Guaranteed: Agrasen Global continuously endeavours to deliver products to You exactly as they appear on the Website. Nonetheless, the nature and tendency of metal-based products is such that each piece is unique. The Company disclaims any guarantees to the exactness of the finish or appearance of the final product as ordered by the User, over and above generally acceptable standards. The quality of any products, services, information, or other material procured, obtained by You via the Website may not match up to your expectations. In such a case where there is a significant material damage to the Product, You may send evidence of such damaged product like photographic evidence via e-mail to firstname.lastname@example.org (email@example.com) within 7 days of Your receiving the Product. A Company representative will review the evidence reported by You and if found valid, the Company will send You an e-mail communication suggesting a replacement. In case the replacement Product is also found damaged, and the Company finds the evidence reported by You valid, then it will result in the order cancellation, and You will receive a full refund by your initial method of payment. In all the cases mentioned, arrangement will be made to collect the damaged Product. You agree that Agrasen Global will make the final judgement on a Product being significantly damaged.