This document is an electronic record in terms of Information Technology Act, 2000 and published in accordance with the provisions of Rule (3) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of platform - SOILnWATER (hereinafter referred to as "Soil n Water" or “SoilnWater" or "SnW").
Your use of the Soil n Water, its services and tools are governed by the following terms and conditions (”Terms of Use”) including the Privacy Policy as applicable to the Soil n Water including the applicable policies which are incorporated herein by way of reference. By mere use of the Soil n Water, You shall be contracting with Soilnwater Private Limited. These terms and conditions including the policies constitute Your binding obligations, with Soil n Water.
For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a user / buyer / promoter on Platform by providing data while registering on the Platform as Registered User. The term ” Soil n Water", "We", "Us", "Our" shall mean Soilnwater Private Limited and its affiliates. The Website is operated by Soilnwater Private Limited. , a company incorporated under the laws of India having its registered office in Dehradun. All references to Website in these Terms shall deem to refer to the aforesaid entity in inclusion of the online portal.
By Filling & submitting the “User Registration Form" or by accessing / using Soil n Water website / mobile application / any services provided by Soil n Water / any content including, but not limited to, all information, text, messages, images, photos, illustrations, designs, icons, video clips, sounds, files, trademarks, copyrighted material, software, specifications, catalogs, literature, technical information, advertisements and other content or materials on the Soil n Water Network (collectively, “Content”) is owned by Soil n Water and/or third parties with all rights reserved unless otherwise noted.
You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. You shall ensure to review these Terms of Use periodically for updates / changes. Your continued use of the Platform following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Soil n Water Policies including but not limited to Privacy Policy as amended from time to time.
1. User Account, Password, and Security:
1.1. If You use the Platform, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Platform.
1.2. You agree to immediately notify SoilnWater of any unauthorized use / breach of your password or account and ensure that you exit from your account at the end of each session.
2. Services Offered:
2.1. SoilnWater provides a number of Internet-based services through the Platform. One such Service enables Users to post advertisements, paid membership or any other item that has a commercial value and can be sold and / or purchased (collectively, "Products"). The Products can be purchased through the Platform through various methods of payments offered. The sale/purchase of Products shall be additionally governed by specific policies of sale, like cancellation policy, exchange policy, return policy, etc. In addition, these Terms of Use may be further supplemented by Product specific conditions, which may be displayed with that Product.
2.2. SoilnWater does not warrant or take any responsibility for any Post, Product, Services descriptions or other content on the Platform is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
3. Platform for Transaction and Communication and Promotion:
3.1 The Users utilize to meet and interact with one another for their transactions on the Platform. SoilnWater is not and cannot be a party to or control in any manner any transaction between the SoilnWater Users. Soil n Water is not in any way involved in such transaction nd that by using the Platform and the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You acknowledge and agree that you are responsible for and must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Soil n Water be liable in any way for the Content or for any loss or damage of any kind incurred as a result of the browsing, using or reading any Content listed, emailed or otherwise made available via the Service. You acknowledge and agree that Soil n Water cannot and does not pre-screen or approve any Content, but that Soil n Water has the right, in its sole and absolute discretion, to refuse, delete or move any Content that is or may be available through the Service, for violating these Terms and such violation being brought to Soil n Water’s knowledge or for any other reason or no reason at all. Furthermore, the Platform and Content available through the Platform may contain links to other third party websites ("Third Party Websites"), which are completely unrelated to Soil n Water. If you link to Third Party Websites, you may be subject to those Third Party Websites’ terms and conditions and other policies. Soil n Water makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such Third Party Website, and your linking to any other websites is completely at your own risk and Soil n Water disclaims all liability thereto.
3.2 All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include without limitation price, commission, charges and fee, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. SoilnWater does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers. SoilnWater does not make any representation or Warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Platform.
3.3 SoilnWater is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers or Service Provider . SoilnWater cannot and does not guarantee that the concerned Buyers and/or Sellers and/or Service Provider will perform any transaction concluded on the Platform.
3.4 At no time shall SoilnWater hold any right, title or interest over the products nor shall SoilnWater have any obligations or liabilities in respect of such contract entered into between Buyers and/or Sellers and/or Service Provider.
3.5 The SoilnWater is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. SoilnWater is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and/or the Buyer and/or the Service Provider.
3.6 At no time shall SoilnWater hold any right, title or interest over the products or services nor shall SoilnWater have any obligations or liabilities in respect of such contract. SoilnWater is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products or services, unavailable or back ordered.
3.7 Pricing on any product(s) I service(s) as is reflected on the Platform may due to some technical issue, typographical error or product information published by seller/ service provider may be incorrectly reflected and in such an event seller/ service provider/ buyer may cancel such your order(s) or deal(s).
3.8 You release and indemnify SoilnWater and/or any of its officers and representatives from any cost, damage, liability or other consequences of any of the actions of the Users of the SoilnWater and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, SoilnWater cannot take responsibility or control the information provided by other Users which is made available on the Platform.
4. Paid or Free Advertisement for Promotional
Rejection of Advertising Material
The Company reserves the right, without any liability whatsoever, to reject, omit or exclude any Advertising Material for any reason at any time, with or without notice to the Advertiser, and whether or not such Advertising Material was previously acknowledged, accepted or published.
Material for Publication
4.1 In accepting any material including electronic material or data for publication (collectively, "Material") , and in publishing the Material on SoilnWater website, we are doing so in consideration of and relying on the your express warranty, the truth of which is essential that the Material does not contain anything that is misleading or deceptive or likely to mislead or deceive or which otherwise breaches the Consumer Protection Act, 1986 and Advertising and Marketing Advertising Laws of India. List of details are as mentioned below. The explanation of the foresaid details can be accessed from the Advertising Code of Practice issued by the Advertising Standards Council of India (ASCI) website.
4.1.1 Laws: Statutory Regulation of Advertising
4.1.2 Products and Services Banned From Advertising
4.1.3 Regulations Related to Product and Service Advertising
4.1.4 Regulations Related to Advertising Methodology
4.1.5 Regulations Related to Media Channels
4.2 in respect of Digital Advertising, the Material does not include any cookie, tracking tag or other tracking device unless we have provided our prior written consent to such inclusion, to the extent we consent to you collecting information relating to our users ("User Information") you may only use such information for the advertiser's internal statistical purposes and solely in respect of the relevant advertising campaign;
4.3 for the avoidance of doubt, you must not disclose any User Information to any third party and must not use any User Information in connection with any advertising campaigns on any third party properties or websites. If you are a representative of an advertiser, this does not prevent you from disclosing the User Information in summary format only to the advertiser, provided you procure that the advertiser only uses such information in accordance with these terms. We may immediately remove any advertisement without liability in the event of any breach. Any such termination will not affect your obligation to make payment.
5.0 Advertiser Payment Terms and Taxes
Invoices may be issued as of the Start Date of the contract period set forth in the Order. The Advertiser must make the payment in Indian Rupees to Soil n Water at the time of submission of "Advertisement Submission Form" or before any Advertising Material shall be displayed / published / run on SoilnWater website. Any campaign/ advertisement affected by late provision of the Advertising Material will be billed at a pro-rated amount. All amounts and fees stated or referred to in the invoices are exclusive of taxes, duties, levies, tariffs and other governmental (collectively, "Taxes") and the details will be mentioned on the issued Invoice. The Advertiser shall be responsible for paying all Taxes and associated reporting due as a result of the services described in this Agreement. The Advertiser certifies that it is acting as a professional and thus is responsible for any Taxes and associated reporting to be owed by the Advertiser in its own name towards any state and/or governmental authorities.
5.1. Refund Policy. The Company strives to offer the best service possible to its clients. The Advertisers whose accounts or Orders have been canceled / terminated by the Company for violating this Agreement are not entitled to a refund and any balance remaining on their account at the time of cancelation / termination will be set off against any damage caused to the Company because of the Advertiser's violation, without prejudice to any of the Company's right to a claim of damages or other relief.
5.2 Discounts. The Advertiser understands that all frequency and/or volume discounts are based on the Advertiser's fulfillment of the schedule indicated on the Order. If, for any reason, this schedule is not fulfilled during the term provided for herein and/or cancelled pursuant to the clause "Order Cancellation" hereunder, the Advertiser agrees to pay the standard rate on all Advertising Material run.
5.3 Order Cancellation. The cancellation of an Order must be made in writing five (3) days in advance of the Order's Start Date. The Advertiser shall be fully liable for the cost of placements ordered and not cancelled prior to five (3) days before such Order is scheduled to run. In the event that placement of Advertising Material is ordered and the Advertiser fails to deliver the Advertising Material in a technical and physical form and manner that the Company directs as necessary for proper placement and exhibition, the Advertiser shall be liable for the cost of such placement, even if such Advertising Material is not, in fact, placed and/or exhibited. The cancellations oflive campaigns require two (2) business day written notice.
6. User Conduct and Rules on the Platform:
6.1. You agree, undertake and confirm that Your use of the Platform shall be strictly governed by the following binding principles:
6.2. You shall not host, display, upload, modify, publish, transmit, update or share any information which:
(a) belongs to another person and to which You do not have any right to 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 whatever is misleading in any way involves the transmission of "junk mail," "chain letters", or unsolicited mass mailing or "spamming" promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous infringes upon or violates any third party's rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses contains video, photographs, or images of another person (with a minor or an adult).
(6) tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, biogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users interferes with another USER's use and enjoyment of the Platform or any other individual's User and enjoyment of similar services infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products violates any law for the time being in force 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 cognizable offence or prevents investigation of any offence or is insulting any other nation shall not be false, inaccurate or misleading shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers
6.3. A User may be considered fraudulent or loss to business due to fraudulent activity if any of the following scenarios are met:
6.4. SoilnWater may cancel / block any Product(s) I Service(s) that classify as 'Bulk Orders'/'Fraud orders'/'Fraud services' under certain criteria at any stage of the product/services delivery.
6.5. You shall not use the Platform for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuses any policy and rules of the company and interrupt or causes to interrupt, damages the use by other Users of SoilnWater.
6.6. You shall not use any false e-mail address, impersonates any person or entity, or otherwise misleads SoilnWater by sharing multiple addresses and phone numbers or transacting with malafide intentions.
6.7. We on certain landing page (like Blogs, Reviews) even allow our Users to experience free exchange of ideas and observations regarding interest in the field of products and services, including 'viewing user generated content' and/or 'videos' and 'posting comments'. By accessing, viewing and/or posting any user generated content to any specific dedicated page on the Platform, you accept and consent to the practices described in these Terms of Service' and 'Privacy Policies', as well as any other terms of prescribed by the SoilnWater on the Platform. You agree and undertake that when accessing, viewing and/or posting any user generated content on these pages You will not imitate, abuse, harass, any Customer/User or violate and exploit, any of these 'Terms of Service' of the Platform.
6.8. You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve Our right to bar any such activity.
6.9. You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password "mining" or any other illegitimate means.
6.10. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity
6.11. You shall at all times ensure full compliance with the applicable prov1s10ns of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
6.12. From time to time, You shall be responsible for providing information relating to the products or services proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner.
6.13. You shall not engage in advertising to, or solicitation of, other Users of the Platform to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Platform or related to us.
6.14. The Content posted does not necessarily reflect Soilnwater views. In no event shall SoilnWater assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from the use of Content and/or appearance of Content on the Platform. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all the information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.
6.15. SoilnWater hereby disclaims any guarantees of exactness as to the finish, appearance, size, color etc.of the final Product as ordered by the User.
7. Contents Posted on Platform:
7.1. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, "Content"), is a third party user generated content and SoilnWater has no control over such third party user generated content as SoilnWater is merely an intermediary for the purposes of this Terms of Use. Such Content will become Our property and You grant Us the worldwide, perpetual and transferable rights in such Conte nt. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide.
7.2. You may use information on the products and services purposely made available on the Platform for downloading, provided that You do not remove any proprietary notice language in all copies of such documents, use such information only for your personal, non-commercial informational purposes and do not copy or post such information on any networked computer or broadcast it in any media, make no modifications to any such information, and do not make any additional representations or warranties relating to such documents.
8. Privacy Policy:
8.1. We view protection of Your privacy as a very important principle. We understand clearly that You and Your Personal Information is one of Our most important assets. We store and process Your Information including any sensitive financial information collected as defined under the Information Technology Act, 2000 and Rules there under. We may share personal information with our other corporate entities and affiliates.
8.2. We may disclose personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. We may disclose personal information to law enforcement offices, third party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms or Privacy Policy respond to claims that an advertisement, posting or other content violates the rights of a third party or protect the rights, property or personal safety of our users or the general public.
8.3. We and our affiliates will share / sell some or all of your personal information with another business entity should we (or our assets) plan to merge with, or be acquired by that business entity, or reorganization, amalgamation, restructuring of business. We have developed this Privacy Policy to protect Your personal/financial information and keep it confidential. By visiting Our SoilnWater, you are accepting and consenting to the practices described in this Privacy Policies. The following Privacy Policy and Cookie Policy outlines the information we may process and how we may use that information to better serve you while using our SoilnWater.
8.4. Correspondence Information.
Following are the various Correspondence Information which You provide when You access/register for Our Service includes:
(a) Children under the age of 18: Use of the Platform is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Platform. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Platform and shall not transact on or use the Platform. As a minor if you wish to use or transact on SoilnWater, such use or transaction may be made by your legal guardian or parents on the Platform.
(b) Personal Information: name, gender, age, images, contact/ postal address, telephone, email id, nationality and content.
(c) Financial Information: credit/ debit card details including card number and expiry date in encrypted form, details for net banking services and Wallet services. Please be advised that SoilnWater ensures the highest degree of data security, while encrypting as per the guidelines specified by Payment Cards Industry Data Security Standard (PCI DSS).
(d) Payment and Account Information: Your account history with us including (without limitation) all billing information and communications, payment history etc. We maintain this in encrypted form on secure servers. However, your transactions details may be preserved by SoilnWater for purposes of tax or regulatory compliance.
(e) Transactional Information: Order ID, transactional history (other than banking details) about your e-commerce activities on our SoilnWater.
(f) User IDs: Your usernames, passwords, email addresses, contacts, account including third-party accounts and other security-related information used by you in relation to our Services.
(g) Stored Information: Data either created by you or by a third party and which you wish to store on our servers such as image files, documents etc.
(h) Shared Information: What types of information are not allowed on Platform?
(i) Nudity or other sexually suggestive content
(j) Hate speech, credible threats or direct attacks on an individual or group
(k) Content that contains self-harm or excessive violence,
(I) Fake or impostor profiles
(m) Spam
8.5. Technical and functional management of the Platform.
When you use our Platform, we also process technical data such as your IP-address, Device ID, Device Contacts, Device Accounts including third-party accounts or MAC-address, and information about the manufacturer, model, and operating system of your mobile device. We use this data to enable us to deliver the functionalities of the Platform, resolve technical difficulties, and provide you with the correct (prevent the transmission of spam, viruses and/or unlawful, defamatory, obscene or otherwise undesirable material or content) and most up to date version of the Platform.
8.6. Operational Use.
We may use your information for suggesting products and promotional offers and schemes. You may update your profiling information at any time on the Platform. You acknowledge and agree that such update is for Your interests and for improving personalization and service efficiency of the Platform.
8.7. Cookie Policy.
A cookie is a small text file that we place on your mobile device/ computer to enable various features of SoilnWater. "Cookies" are used to store user preferences and to track user trends, so as to enhance your interactive experience and generally improve our Services to you. You can change your cookie settings to accept or not accept cookies in your browser settings. If you do accept a "cookie", you thereby agree to our use of any Personal Information collected by us using that Cookie. Whenever SoilnWater uses a third party to host and serve content, we may arrange for a common identifier to be shared between the third party and SoilnWater in order to enable accurate measurement of traffic and usage. This includes but is not limited to the use of AMP Client IDs in Google Analytics for Accelerated Mobile Pages served by Google on SoilnWater's behalf.
8.8. Third Party.
At times We may tie-up with third parties, brand owners or other partners and make available certain offers, events or special schemes. In such instances, Your personal information may be shared with such third parties and/or may become available to them or be disclosed to them, such third parties may have their own applicable privacy rules and We shall not be liable for the use or misuse of Your information by such third parties. We only collect your Personal Information to conduct our business and to enable us to deliver and improve our services. We do not for any reason whatsoever sell your Correspondence Information to any third party or otherwise trade on it.
9. Disclaimer of Warranties and Liability:
9.1. All the materials and products (including but not limited to software) and services, included on or otherwise made available to You through Platform are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the foregoing paragraph, SoilnWater does not warrant that: Platform will be constantly available, or available at all or The information on Platform is complete, true, accurate or non-misleading.
9.2. All the Products / Services/ Contents sold on Platform are governed by specific laws and if Seller is unable to deliver such Products due to the implications of different laws, Seller will return or will give credit for the amount (if any) received in advance by Seller from the sale of such Product that could not be delivered to You . By registering Your phone number with us, You consent to be contacted by Us via phone calls and/or SMS notifications and/or whatsapp application, We will not use your personal information to initiate any promotional phone calls or SMS.
10. Selling:
10.1. As a registered seller, you are allowed to list item(s) for sale on the Platform in accordance with the Policies which are incorporated by way of reference in this Terms of Use. You must be legally able to sell the item(s) you list for sale on the Platform. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures and video that describe your item for sale. All listed items must be listed in an appropriate category on the Platform. All listed items must be kept in stock for successful fulfilment of sales. The listing description of the item must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the Buyer. You agree not to list a single product in multiple quantities across various categories on the Platform. SoilnWater reserves the right to delete such multiple listings of the same product listed by you in various categories.
11. E-Platform for Communication:
You agree, understand and acknowledge that SoilnWater is an online platform that enables you to view products listed on the Platform at the price indicated therein at any time. You further agree and acknowledge that SoilnWater is only a facilitator and is not and cannot be a party to or control in any manner any transactions on SoilnWater.
12. Indemnity:
You shall indemnify and hold harmless SoilnWater, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.
13. Trademark, Copyright and Restriction:
Platform is controlled and operated by SoilnWater and products and services are sold by respective Sellers and service providers. All material on Platform, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on SoilnWater is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other SoilnWater or networked compurer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause. It is expressly clarified that You will retain ownership and shall solely be responsible for any content that You provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of Our various Service. However, We reserve the right to use/reproduce any content uploaded by You and You agree to grant royalty free, irrevocably, unconditionally, perpetually and worldwide right to Us to use the content for reasonable business purpose.
14. Limitation of Liability:
14.1 In no event shall SoilnWater be liable for any indirect, punmve, incidental, special, consequential damages or any other damages resulting from the use or the inability to use the Services or Products, unauthorized access to or alteration of a user's transmissions or data, breach of condition, representations or warranties by the manufacturer of the Products, any other matter relating to the services including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Platform or Service. SoilnWater shall not be held responsible for non-availability of the SoilnWater during periodic maintenance operations or any unplanned suspension of access to the SoilnWater.
14.2 The User understands and agrees that any material and/or data downloaded at SoilnWater is done entirely at the Users own discretion and risk and they will be solely responsible for any damage to their mobile/ computer or loss of data that results from the download of such material and/ or data. To the maximum extent that is permissible under law, SoilnWater's liability shall be limited to an amount equal to the Products purchased value bought by You. Soilnwater shall not be liable for any dispute or disagreement between Users
15. Termination:
15.1 SoilnWater may suspend or terminate your use of the SoilnWater or any Service if it believes, in its sole and absolute discretion that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Service or otherwise acted unethically. Notwithstanding anything in this clause, these Terms of Service will survive indefinitely unless and until SoilnWater chooses to terminate them.
15.2 If You or SoilnWater terminates your use of the Platform or any Service, Soilnwater may/ maynot delete any content or other materials relating to your use of the Service and SoilnWater will have no liability to you or any third party for doing so. However, your transactions details may be preserved by SoilnWater for purposes of tax or regulatory compliance.
15.3 SoilnWater may unilaterally terminate Your account on any event as mentioned in the Terms Of Use. Any credits earned through loyalty or referral program, SoilnWater credit and pending refunds if any will be forfeited in such case. Returns/Refund for such Users shall be at the sole discretion of SoilnWater.
15.4 If You use any false e-mail address or use the portal for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuses any policy and rules of the company or mislead SoilnWater by sharing multiple addresses and phone numbers or transacting with malafide intentions then SoilnWater reserves the right to refuse access to the portal, terminate accounts including any linked accounts without notice to you.
16. Jurisdictional Issues/Sale in India Only:
Unless otherwise specified, the material on the Platform is presented solely for the purpose of sale in India. SoilnWater makes no representation that materials in the Platform are appropriate or available for use in other locations/Countries other than India. Those who choose to access Platform from other locations/Countries other than India do so on their own initiative and SoilnWater is not responsible for supply of products or services/refund for the products or services ordered from other locations/Countries other than India, compliance with local laws, if and to the extent that local laws are applicable.
17. Governing Law:
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, fora, applicable authorities at Dehradun. The place of jurisdiction shall be exclusively in Dehradun.
18. Contacting the Seller or Service Provider:
At SoilnWater, we are committed towards ensuring that disputes between Sellers and/or Buyers and/or Service Provider are settled amicably by way of the above dispute resolution mechanisms and procedures. However, in the event that You wish to contact SoilnWater about the seller or service provider, You may proceed to do so by clicking on the seller name on the product listing pages.
19. Disclaimer:
19.1. You acknowledge and undertake that you are accessing the services on the Platform and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through SoilnWater. We shall neither be liable nor responsible for any actions or inactions of sellers or service providers nor any breach of conditions, representations or warranties or commitments by the sellers or service provider of the products and 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 service provider of the products or 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 Platform. While we have taken precautions to avoid inaccuracies in content, this website, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind. At no time shall any right, title or interest in the products sold through or displayed on Platform vest with SoilnWater nor shall SoilnWater have any obligations or liabilities in respect of any transactions on Platform.
19.2. Delivery Related - User agrees and acknowledges that any claims regarding property and/or product and/or service delivery (including non-receipt/ non- delivery of order or signature verification) SoilnWater disclaims any liability or responsibility for claims
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