Plus-Organicare Farmer Producer Company,House No.339, Dhorjalgaon, Tal: Shevgaon Dist: Ahmednagar, Maharashtra - 414502, India, on behalf of itself and its affiliates/group companies is the author and publisher of the internet resource www.bazarnxt.com and the mobile application „Bazarnxt‟ (together, “Site”). Plus-Organicare Farmer Producer Company owns and operates the services provided through the Site.
(a) These terms and conditions (“Terms and Conditions”) along with and the privacy policy available at www.bazarnxt.com (the “Privacy Policy”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“You” or “User”), and Plus-Organicare Farmer Producer Company, concerning your access to and use of the Site and the Services (defined below).
(b) If You continue to browse and use the Site or avail Services, you irrevocably accept all the conditions stipulated in these Terms of Conditions and the Privacy Policy and agree to abide by them. You agree that by accessing the Site and/or Services, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are prohibited from using the Site and Services and you must discontinue use immediately.
(c). The Company reserves the right at all times to discontinue or modify the Agreement as we deem necessary or desirable without any prior notification. Such changes may include, among other things, adding of certain fees and charges. Any such modifications would be effective immediately. We suggest that you read the Agreement from time to time to stay informed.
2(a). Use of the Site is available only to persons who can form legally binding contracts under applicable law. Persons who are “incompetent to contract” within the meaning of the applicable laws including un-discharged insolvents, and persons of unsound mind, who are not eligible to use the Site. You may use Site only if your age is over 18 years and you are capable of forming binding contracts under applicable law. In case the Site is to be accessed or used by a minor (i.e. a person less than 18 years of age) or by a person incompetent to contract under the applicable law, then only the legal guardian/representative of such person shall register himself/herself as a User and create/add the profile of the minor. This shall not discharge the legal guardian/representative who is adult and of sound mind from liability towards the Company or its contractors or agents and the Company shall have the right to proceed against the legal guardian/representative and User, either jointly or severally, for their acts and omissions that violate the Agreement.
2(b) The Company reserves the right to terminate your membership and refuse to provide you with access to the Site if the Company discovers that you are under the age of 18 years or otherwise not capable of forming binding contracts. In case of a business entity, You represent that You have the necessary authority to bind the entity or the employees or consultants of such entity, to this Agreement.
3.1. The Site offers the following service (“Services”):
3.1.1 an online discovery platform for trading animals (predominantly livestock), Two wheelers, Tractors and Agri related equipment which allows You to list your animals, Two wheelers, Tractors and Agree related equipment and connect with potential purchasers on the Site. You can also register on the Site and view the listings posted by other users.
3.1.2 Facilitation of an internet-based service for You, where You have an option to book a phone appointment, either instant appointment or pre-scheduled, with seller.
3.1.3 An interactive feature on the Site which offers a platform to You to ask questions, exchange information, share pictures and videos and connect with people who contribute unique insights and experiences.
4.1. You agree, undertake and confirm that Your use of the Site shall be strictly governed by the following binding principles:
4.1.1 You shall not host, display, upload, modify, publish, transmit, update or share any information which:
4.1.1.1. belongs to another person and to which You do not have any right to;
4.1.1.2. 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;
4.1.1.3. is misleading in any way;
4.1.1.4. involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
4.1.1.5. promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
4.1.1.6. 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;
4.1.1.7. contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
4.1.1.8. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
4.1.1.9. contains video, photographs, or images of another person (with a minor or an adult);
4.1.1.10. tries to gain unauthorized access or exceeds the scope of authorized access to the Site or to profiles, blogs, communities, account information, bulletins, or other areas of the Site or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
4.1.1.11. interferes with another user's use of the Site and/ or the Services;
4.1.1.12. 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;
4.1.1.13. violates any law for the time being in force;
4.1.1.14. 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;
4.1.1.15. shall not be false, inaccurate or misleading; and
4.1.1.16. shall not create liability for Us.
4.1.2 Any supplemental terms and condition or documents that may be posted on the Site from time to time, are expressly incorporated herein by reference.
4.1.3 We may update or change the Site from time to time to reflect changes to our Services, our users' needs and/or our business priorities.
4.1.4 Our Site is directed to people residing in India. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
4.1.5 You may not access or use the Site for any purpose other than that for which we make the Site and our services available. The Site may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
5.1 Systematically retrieve data or other content from the Site to a compile database or directory without written permission from us;
5.2 Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users to send unsolicited email or creating user accounts under false pretences;
5.3 Use a buying agent or purchasing agent to make purchases on the Site;
5.4 Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any content or enforce limitations on the use;
5.5 Engage in unauthorised framing of or linking to the Site;
5.6 Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
5.7 Make improper use of our support services, or submit false reports of abuse or misconduct;
5.8 Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
5.9 Interfere with, disrupt, or create an undue burden on the Site or the networks and services connected to the Site;
5.10 Attempt to impersonate another user or person, or use the username of another user;
5.11 Sell or otherwise transfer your profile;
5.12 Use any information obtained from the Site in order to harass, abuse, or harm another person;
5.13 Use the Site or our content as part of any effort to compete with us or to create a revenue-generating endeavour or commercial enterprise;
5.14 Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site; Attempt to access any portions of the Site that you are restricted from accessing;
5.15 Harass, annoy, intimidate, or threaten any of our employees, agents, or other users;
5.16 Delete the copyright or other proprietary rights notice from any of the content;
5.17 Copy or adapt the Site‟s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;
5.18 Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party‟s uninterrupted use and enjoyment of the Site, or any material that acts as a passive or active information collection or transmission mechanism;
5.19 Use, launch, or engage in any automated use of the system, such as using scripts to send comments or messages, robots, scrapers, offline readers, or similar data gathering and extraction tools;
5.20 Disparage, tarnish, or otherwise harm, in our opinion, Us and/or the Site;
5.21 Use the Site in a manner inconsistent with any applicable laws or regulations;
5.22 Threaten users with negative feedback;
5.23 Misrepresent experience, skills, or information about yourself;
5.24 Advertise products or services not intended by us; and
5.25 Falsely imply a relationship with Us or another company with whom you do not have a relationship.
7.1 You represent and warrant that: (a) all registration information You submit will be true, accurate, current, and complete and relate to You and not a third party; (b) You will maintain the accuracy of such information and promptly update such information as necessary; (c) You will keep your password confidential and will be responsible for all use of your password and account; (d) You have the legal capacity and You agree to comply with these Terms and Conditions; and (e) You are not a minor in the jurisdiction in which you reside, or if a minor, You have received parental permission to use the Site.
7.2 If You know or suspect that anyone other than You knows your user information (such as an identification code or user name) and/or password you must promptly notify us at plusorganicare@gmail.com
7.3 If You provide any information that is untrue, inaccurate, not current or incomplete, We may suspend or terminate your account. We may remove or change a user name You select if We determine that such user name is inappropriate.
8.1 There may be opportunities for You to post content to the Site (including listing of the animals, Two wheelers, Tractors and Agri related equipment) or send feedback to Us (“User Content”). You understand and agree that your User Content may be viewed by other users on the Site, and that they may be able to see who has posted that User Content.
8.2 Listing of animals, Two wheelers, Tractors and Agri related equipment on the Site are provided to You AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.
8.3 You further agree that We can use your User Content for any other purposes whatsoever in perpetuity without payment to You, and combine your User Content with other content for use within the Site and otherwise. We do not have to attribute your User Content to You.
8.4 In posting User Content, including reviews or making contact with other users of the Site you shall comply with these Terms and Conditions
8.5 You warrant that any and all User Content does comply with our Terms and Conditions, and You will be liable to Us and indemnify Us for any breach of that warranty. This means You will be responsible for any loss or damage we suffer as a result of Your breach of this warranty.
8.6 We have the right to remove any User Content You put on the Site if, in our opinion, such User Content does not comply with these Terms and Conditions.
8.7 We are not responsible and accept no liability for loss of User Content, or any such content that contains incorrect information or is defamatory. We accept no obligation to screen, edit or monitor any User Content but we reserve the right to remove, screen and/or edit any User Content without notice and at any time. User Content has not been verified or approved by Us and the views expressed by other users on the Site do not represent our views or values.
8.8 If You wish to complain about ser Content uploaded by other users please write to Us on plusorganicare@gmail.com
9.1 In relation to the paid payment, You agree to pay payment through payment gateways.
9.2 The User hereby agrees that the payment shall be paid online through the facility made on the Site while uploading animal,Two wheelers, Tractors and Agri related equipment. The User shall have the option to make payment through third-party payment processors, wallets, online fund transfer facility through banks or credit cards or mobile & internet-based payment/commerce platforms or authorized payment gateway networks as recognized and authorized by the Reserve Bank of India (“Payment Facilitator”), for the Service Fees. It is clarified that the Company is not responsible for any loss or damage caused to You during this payment process as the Payment Facilitator are beyond the control of the Company.
9.3 The User acknowledges that the Company reserves the right to change the payment/fees at any time, at its sole discretion, without any prior notification.
10.1 Unless otherwise indicated, the Site and Services including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (“Our Content”) are owned or licensed to Us, and are protected by copyright and trademark laws. In connection with the Services, the Site may display certain trademarks belonging to third parties. Use of these trademarks may be subject to the license granted by third parties to Plus-Organicare Farmer Producer Company. You shall, in no event, reverse engineer, decompile, or disassemble such trademarks and nothing herein shall be construed to grant You any right in relation to such trademarks. Plus-Organicare Farmer Producer Company reserves all rights not expressly granted herein to the Site. You agree to not engage in the use, copying, or distribution of any of Our Content other than as expressly permitted herein, including any use, copying, or distribution of materials of third parties obtained through the Site for any commercial purposes. You may download / print / save copyrighted material for your personal use only. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any materials or enforce limitations on use of the Site or Our Content therein. The Services are protected to the maximum extent permitted by copyright laws, other laws, and international treaties and/or conventions. The content displayed on the Site or through the Services is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, other laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of Our Content and/ or the materials on the Site, or the collective work or compilation is expressly prohibited. Copying or reproducing the Site, Our Content, the materials on the Site, or any portion thereof to any other server or location for further reproduction or redistribution is expressly prohibited. You further agree not to reproduce, duplicate or copy Our Content or any other materials from the Site, and agree to abide by any and all copyright notices and other notices displayed on the Site. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Site. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.
10.2 Except as expressly provided in these Terms and Conditions, no part of the Site, Services or Our Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without Plus-Organicare Farmer Producer Company‟s express prior written permission.
10.3 Provided that you are eligible to use the Site, you are granted a limited licence to access and use the Site and Our Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.
10.4 You shall not (a) try to gain unauthorised access to the Site or any networks, servers or computer systems connected to the Site; and/or (b) make for any purpose including error correction, any modifications, adaptions, additions or enhancements to the Site or Our Content, including the modification of the paper or digital copies you may have downloaded.
10.5 We shall (a) prepare the Site and Our Content with reasonable skill and care; and (b) use industry standard virus detection software to try to block the uploading of content to the Site that contains viruses.
10.6 The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on the Site.
10.7 Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that Our Content on the Site is accurate, complete or up to date.
11.1 The Site may contain links to websites or applications operated by third parties. We do not have any influence, or control over, any such third party websites or applications or the third party operator. We are not liable or responsible for content, accuracy, validity, reliability, quality of such websites or applications. Inclusion of any link on the Site does not imply that We endorse the linked site. You may use the links and these services at your own risk.
11.2 We accept no responsibility for advertisements contained within the Site. If you agree to purchase goods and/or services from any third party who advertises in the Site, you do so at your own risk. The advertiser, and not us, is responsible for such goods and/or services and if you have any questions or complaints in relation to them, you should contact the advertiser.
12.1 We reserve the right at our sole discretion, to (1) monitor the Site for breaches of these Terms and Conditions; (2) take appropriate legal action against anyone in breach of applicable laws or these Terms and Conditions; (3) refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any of your accounts; (4) remove from the Site or otherwise disable all files and content that are excessive in size or are in any way a burden to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and Services.
12.2 We do not guarantee that the Site will be secure or free from bugs or viruses.
12.3 You are responsible for configuring your information technology, computer programs and platform to access the Site and You should use your own virus protection software.
13.1 We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.
13.2 We cannot guarantee the Site and Services will be available at all times. We may experience hardware, software, or other problems or may need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or Services during any downtime or discontinuance of the Site or Services. We are not obliged to maintain and support the Site or Services or to supply any corrections, updates, or releases.
13.3 There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.
14.1 In no event, including but not limited to negligence, shall Plus-Organicare Farmer Producer Company, or any of its directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Site or the content, materials and functions related thereto, the Services, user‟s provision of information via the Site or lost business, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:
14.1.1 any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the Site;
14.1.2 any unauthorized access to or alteration of your transmissions or data; or any other matter relating to the Site or the Service.
14.2 Plus-Organicare Farmer Producer Company / bazarnxt does not support or promote any kind of animal cruelty and we do not facilitate any activities prohibited under The Prevention of Cruelty to Animals Act, 1960 and Wildlife Protection Act 1972. We shall not be responsible for any offence related to animal cruelty if committed by any of the users and users committing the offence shall be solely liable and responsible for such actions.
14.3 The information provided by us on the Site in relation to the animals, two wheelers, Tractors and agriculture equipment is on an “as is basis” and it shall be your sole responsibility to verify the information listed on the Site with the seller.
14.4 You understand that when using the Site, You will be exposed to content from a variety of sources and that company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content, and you agree and assume all liability for your use. You further understand and acknowledge that You may be exposed to content that is inaccurate, offensive, indecent, or objectionable, defamatory or libelous and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against Plus-Organicare Farmer Producer Company with respect thereto.
14.5 Plus-Organicare Farmer Producer Company is not liable for any infringement of intellectual property rights arising out of materials posted on or transmitted through the Site, or items advertised on the Site, by users or any other third parties. If You are an owner of intellectual property rights or an agent who is fully authorized to act on behalf of the owner of intellectual property rights and believe that any content infringes upon your intellectual property right or intellectual property right of the owner on whose behalf You are authorized to act, You may submit a notification to Plus-Organicare Farmer Producer Company together with a request to Plus-Organicare Farmer Producer Company to delete the relevant content in good faith.
If any provision of these Terms and Conditions is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from these Terms and Conditions and the remainder of the Terms and Conditions shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Terms and Conditions shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
16.1 These Terms and Conditions shall remain in full force and effect while You use the Site or Services or are otherwise a user of the Site, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us at plusorganicare@gmail.com
16.2 Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site and the Services (including blocking certain IP addresses), to any person for any reason including without limitation for breach of any representation, warranty or covenant contained in these Terms and Conditions or of any applicable law or regulation.
16.3 If we determine, in our sole discretion, that your use of the Site/Services is in breach of these Terms and Conditions or of any applicable law or regulation, we may terminate your use or participation in the Site and the Services or delete your profile and any content or information that you posted at any time, without warning, in our sole discretion.
16.4 If we terminate or suspend your account for any reason set out in this Section , You are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if You may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
17.1 Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications We provide to You electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.
ll17.2 You hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
17.3 These Terms and Conditions and any policies or operating rules posted by us on the Site or in respect to the Services constitute the entire agreement and understanding between You and Plus-Organicare Farmer Producer Company.
17.4 Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.
17.5 We may assign any or all of our rights and obligations to others at any time.
17.6 We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control.
17.7 If any provision or part of a provision of these Terms and Conditions is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.
17.8 There is no joint venture, partnership, employment or agency relationship created between You and us as a result of these Terms and Conditions or use of the Site or Services.
17.9 In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us by email at plusorganicare@gmail.com or by post to:
Plus-Organicare farmer Producer Company
CIN: U01100PN2021PTC206920
Regd Office: No 339, Dhorjalgaon Tal:Shevgaon Dist:Ahmednagar