Terms Of Use

1. General

1.1. These terms of use (“Terms of Use”) are electronic records in the form of an electronic contract formed under Information Technology Act, 2000 and the Rules and Regulations made thereunder as well as any of the amended provisions pertaining to electronic documents/records in various statutes as amended by the Information Technology Act, 2000 from time to time.

1.2. Such Terms of Use are a legally binding document between the users of Mins Website/App (“Users”) and Grit technologies (“Minspro”). These Terms of Use will be effective upon your acceptance of the same (which shall be automatically upon the Users use of Minspro’s Website/App (“Website/App”)) and will govern the relationship between the User and Minspro for the use of its Website/App.

1.3. This document is published and shall be construed in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 under the Information Technology Act, 2000 that require publishing of the Rules and Regulations, Privacy Policy and User Agreement for access or usage of a Website/App.

1.4. These Terms of Use for Minspro’s Website/App between Minspro (hereinafter also referred to as “We” or “Us” or “Our”) and the Users of Minspro’s Website/App (hereinafter also referred to as “You” or “Your” or “Yourself”) describes the terms on which Minspro offers You access to its Website/App and such other services as are incidental and ancillary thereto (“Services”).

1.5. If you are using the App, then while these Terms of Use will apply to such use, there may be additional terms (such as the terms imposed by mobile application stores like Apple’s iTunes, Android’s play store, Microsoft’s store from time to time) which will govern the use of the App. These additional terms to the extent applicable are hereby deemed to be incorporated in these Terms of Use by way of reference.

1.6. If you do not agree with these Terms of Use, please do not use the Website/App.

1.7. Please read these Terms of Use carefully before using or registering on the Website/App or accessing any information or services through the Website/App.

2. Introduction

2.1. Minspro is a company under the laws of India, with its office and registered in India. Minspro is an intermediary in the form of an online marketplace and is limited to managing the Website/App to enable third-party seller to exhibit, advertise, display, make available and offer to sell the products and to enable its Users to purchase the products so offered (“Products”), and other incidental Services thereto (“Services”) including use of the Website/App by any User.

2.2. These Terms of Use may be revised by Minspro at any time without prior notice. Hence the Users are requested to carefully read these Terms of Use from time to time before using the Website/App. You are therefore requested to regularly visit the Website/App to view the most current Terms of Use.

2.3. If there is any conflict:

a) between Minspro’s Privacy Policy and any other Agreement, the Privacy Policy shall take precedence, but only to the extent of such conflict;

b) between these Terms of Use and any other notices, disclaimers or guidelines appearing on the Website/App, then these Terms of Use shall take precedence but only to the extent of such conflict.

3. Eligibility to Use the Website/App

3.1. The Services are not available to minors under the age of 18 (eighteen) years or to any Users suspended or removed from Minspro’s system by Minspro for any reason whatsoever. If You are disqualified as per the preceding sentence, You shall not be permitted to avail the Services or use Minspro’s Website/App.

3.2. You represent that You are of legal age to form a binding contract and are not a person barred from receiving the Services under the laws as applicable in India. Notwithstanding the foregoing, if You are below the age of 18 (eighteen) years, please read through these Terms of Use with your parent or legal guardian, and in such a case these Terms of Use shall be deemed to be a contract between Minspro and Your legal guardian or parent and to the extent permissible under applicable laws, enforceable against You.

3.3. Minspro reserves the right to refuse access to use the Services offered at the Website/App to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.

3.4. You shall not have more than one active Account (defined hereunder) on the Website/App. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another person.

4. User Account, Password, and Security

4.1. Registered Users: Minspro makes certain sections of the Services available to You through its Website/App only if You have provided Minspro certain required User information and created an account and a Minspro ID through certain log-in ID and password (“Account”).

4.2. You can create Your Account on the Website/App by logging in through Your third party website user ID and password such as facebook, Google Inc. or any other social media website or any other internet service as permitted on the Website/App (Minspro ID and/or other third party login identification as provided above are individually and collectively referred to the “AccountInformation”).

4.3. In the event You register as a User by creating an Account in order to avail of the Services provided by the Website/App, You will be responsible for maintaining the confidentiality and security of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify Minspro of any unauthorized use of Your Account Information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. Minspro cannot and will not be liable for any loss or damage arising from Your failure to comply with this section. You may be held liable for losses incurred by Minspro or any other user of or visitor to the Website/App due to the authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential.

4.4. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Minspro has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Minspro has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website/App / Services (or any portion thereof).

4.5. Depending upon whether You are a seller or a buyer or another user, who otherwise wishes to use the Website/App, and the nature of Services You wish to avail from the Website/App, You may be required to provide certain personal information and Minspro may collect certain personal information. Your provision of, and Minspro’s collection, storage, use, disclosure and otherwise dealing of such personal information shall be governed by Minspro’s privacy policy, which is available on the Website/App (“PrivacyPolicy”).

5. Payments related Information

5.1. Presently, Minspro does not levy any fee for browsing the Website/App or buying the Products on the Website/App. Minspro may charge Users certain fees for the use of the Website/App and Services as a whole, or certain features of the Website/App / Services. You agree to pay any such fees, as may be applicable to the Services that You use. SuperKisan will try to ensure that You are made aware of the applicability of any fees for a particular use of the Website/App / Services, as well as the amount of fees payable by You for any such use of the Website/App / Service. You agree that Minspro may, at any time, charge, modify or waive fees required to use the Website/App. Your continued use of the Website/App / Services after such change in the fees will be considered to be Your acceptance of such changes, and the applicability of these Terms of Use to such changes.

5.2. You agree to provide correct and accurate financial information, such as credit/debit card details to the approved payment gateway or pre-paid payment instrument account details for availing Services on the Website/App. You shall not use the credit/debit card or pre-paid payment instrument which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/debit card or pre-paid instrument account. You will be solely responsible for the security and confidentiality of Your credit/debit card details or pre-paid instrument account. Minspro expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card or pre-paid instrument account.

5.3. For Your making payments for buying the Products on the Website/App, in addition to the Agreement(s), the terms and conditions of Your bank, applicable financial institution and/or card issuing association may also be applicable to You. Your bank, financial institution or card issuing association may decline or prevent You from making electronic payments for buying the Products on Website/App and Minspro does not control the same and shall be liable for the same.

6. User Obligations and Role Of Minspro

6.1. Subject to compliance with the Agreement(s), Minspro grants You a non-exclusive, non-sub-licensable, non-transferable, revocable, and limited right to access and use this Website/App and the Services provided therein.

6.2. You agree to use the Services, Website/App and the Content (as defined herein) provided therein only for purposes that are permitted by: (a) these Terms of Use; and (b) any applicable law.

6.3. You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the Product catalogues) that You access on the Website/App in accordance with Clause 7.

6.4. You agree not to access (or attempt to access) the Website/App or Services by any means other than through the interfaces that are provided by SuperKisan. You shall not use any deep-link, robot, spider or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website/App or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website/App, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website/App.

6.5. The Website/App may allow you to post certain content, data or information of Your own such as allowing You to rate Products, seller, post your comments, have discussions and provide reviews in relation to Products on specific pages of the Website/App, as well as submit any suggestions, comments, questions or other information to Minspro using the Website/App / Services (collectively referred to “UserContent”). You, being the originator of the User Content, are responsible for the User Content that You upload, post, publish, transmit or otherwise make available on the Website/App. You represent that you have obtained all relevant consents and approvals in order to post any User Content. You further represent that all such User Content will be in accordance with applicable law. You acknowledge that Minspro does not endorse any User Content on the Website/App and is not responsible or liable for any User Content. Minspro reserves the right to disable access to the User Content on the Website/App.

6.6. You hereby grant Minspro a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, distribute, display, publish, transmit, make available, reproduce, modify, adapt the User Content and create derivate works of the User Content. You represent and warrant that You own or otherwise control all of the rights to the User Content that You post or that You otherwise provide on or through the Website/App; and that, as at the date the User Content that is posted or submitted on the Website/App: (i) is accurate; (ii) does not breach these Terms of Use; and (iii) that such User Content is lawful.

6.7. You agree, understand and acknowledge that the Website/App is an electronic platform in the form of an electronic marketplace and an intermediary that provides an electronic venue where various Users may electronically meet and interact with each other to engage in commerce and transact. You further agree and acknowledge that Minspro is only a facilitator and is not and cannot be a party to or control in any manner any advertisement, exhibition, making available, offer to sell or transactions of sale or purchase of Products on the Website/App. Minspro is not the seller of Products. Accordingly, any contract for the sale/purchase of Products on the Website/App is a bipartite contract between You and the Sellers (if You are a buyer) or You and the buyer (if You are a Seller). Minspro neither recommends You to buy or sell any Products on the Website/App nor does Minspro endorse any such Products or provides any guarantee, warranties or assurance with respect to the advertisement, exhibition, making available, offer to sell or transactions of sale or purchase of Products on the Website/App. Further, Minspro does not guarantee, warranty or provide any assurance on the behaviour of any User of the Website/App including any guarantee, warranty or assurance that any User (whether buyer or seller) will complete any transaction or act in a prudent manner.

6.8. When you use the Website/App and/or the Services You specifically undertake not to host, display, upload, modify, publish, transmit, update or share any information or Content that:

a) belongs to another person and to which the User does not have any right to;

b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;

c) harms minors in any way;

d) impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;

e) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states or public order or causes incitement to the commission of any offence or prevents investigation of any offence or is insulting of any other nation;

f) infringes any patent, trademark, copyright or other proprietary rights;

g) contain software viruses or any other computer code, files or programs designed to interrupt destroy or limit the functionality of any computer resource;

h) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

i) engage in any activity that interferes with or disrupts access to the Website/App or the Services (or the servers and networks which are connected to the Website/App);

j) attempt to gain unauthorized access to any portion or feature of the Website/App, any other systems or networks connected to the Website/App, to any Minspro server, or to any of the Services offered on or through the Website/App, by hacking, password mining or any other illegitimate means;

k) probe, scan or test the vulnerability of the Website/App or any network connected to the Website/App, nor breach the security or authentication measures on the Website/App or any network connected to the Website/App. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website/App, or any other customer of Minspro, including any Minspro account not owned by You, to its source, or exploit the Website/App or Service or information made available or offered by or through the Website/App, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website/App;

l) disrupt or interfere with the security of, or otherwise cause harm to, the Website/App, systems resources, accounts, passwords, servers or networks connected to or accessible through the Website/Apps or any affiliated or linked sites;

m) use the Website/App or Content for any purpose that is unlawful or prohibited by the Agreement, or to solicit the performance of any illegal activity or other activity which infringes the rights of Minspro or other third parties;

n) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;

    violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;

violate any applicable laws or regulations for the time being in force within or outside India;

q) violate the terms of these Terms of Use.

6.9. You agree that You are solely responsible to Minspro and to any third party for any breach of Your obligations under these Terms of Use or other Agreements and for the consequences (including any loss or damage which Minspro or its affiliates or its vendors may suffer) for any such breach.

6.10. Minspro does not pre-screen User Content. Minspro has no obligation to monitor any User Content. However, Minspro at its discretion and/or in accordance with applicable law may monitor any User Content and may remove any User Content from the Website/App if Minspro determines in its sole discretion that such User Content is in violation of these Terms of Use or any applicable law. Where Minspro removes any User Content from the Website/App, Minspro will make reasonable efforts to inform the user who had posted such User Content. Such actions do not in any manner negate or dilute Minspro’s position as an intermediary or impose any liability on Minspro with respect to User Content.

6.11. You shall solely be responsible for maintaining the necessary computer / mobile equipment, internet connections and other software and technologies that may be required to access, use and transact on the Website/App. You may incur access or data fees from third parties in connection with your purchase and/or use of the services. You are responsible for all such fees.

6.12. You shall use this Website/App, and any voucher/coupons purchased through it, for personal, non-commercial use only and shall not re-sell the same to any other person.

6.13. You may need to install updates that we or any third party introduce from time to time to use the services, Products, Website/App including downloads and required functionality, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, “Updates”). Your use of the Products or Website/App you have installed requires that you have agreed to receive such automatic Updates.

6.14. Any purchase of the Products from the Website/App will be strictly for the personal use of the User. The User hereby expressly agrees that any merchandise or Services purchased by the User will not be sold, resold, bartered or in any way used for any commercial purposes or for profit. The User hereby acknowledges that the Products purchased are not transferrable to any third party for profit.

6.15. All requests for return and refund replacement and/or instances of Minspro’s inability to fulfil orders placed on the Website/App shall be dealt with in accordance with Minspro’s Return and Refund Policy which is available on the Website/App.

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