read these terms and conditions ("Terms") carefully before accessing
or using the Platform (defined hereinafter). These Terms along with the Privacy
policies (as may be notified/displayed/published on the Platform) constitutes
the contract between the Users of this Platform and Company (collectively
"Agreement"). By use of the Platform, Users agree to be bound by
these Agreement as posted on the Platform from time to time.
1. ABOUT THE TERMS
1.1 What is Https://grownexpackaging.com and who operates it?
- Https://grownexpackaging.com is an application
which provides an online marketplace ("Application") where
registered suppliers ("Suppliers") can offer to sell their products
to registered users of Application including to resellers
("Resellers") and other Users.
Application and the website at www.https://grownexpackaging.com
("Website") (collectively, "Platform") are operated
by Grownex Pvt Ltd ("Company").
Company’s role is limited to the managing Application and associated
marketing, facilitating payment collections, fulfilment, order management,
enquiry management and other incidental services to enable the
transactions between the Suppliers and the Reseller
are not made available on the Website and to avail the same, Users are
required to install the Application.
1.2 When are these Terms applicable and binding on User?
Agreement is applicable to any person when they install, download or even
merely visit or access any part of the Platform or utilise the Services,
such persons are referred to as users, which include without limitation
users who are browsers, Suppliers, Resellers, merchants, other purchaser
or contributors of content (collectively, "User").
Agreement between User and Company is effective on the date on which the
Application is downloaded/Website is accessed and/or the date on which
terms of Agreement are updated, creating a legally binding arrangement
between the User and the Company.
1.3 Whether the terms of this Agreement can be modified?
can review the most current version of the Agreement at any time on the
Website. Company reserves the right to unilaterally update, change or
replace any part of the Agreement by publishing updates or changes on the
Platform and such amended provisions of the Agreement shall be effective
immediately upon being posted on the Platform.
is the responsibility of the Users to check this page periodically for
changes. The Users’ continued use of or access to the Application
following the posting of any changes constitutes acceptance of those
1.4 What if the terms of the Agreement are not acceptable to User?
the User does not agree with the terms of the Agreement, the User is
advised to refrain from using the Platform. By accessing or using the
platform, the user irrevocably accepts the Agreement and agrees to abide
by the same (as updated from time to time).
2. ACCOUNT REGISTRATION, SUSPENSION AND TERMINATION
2.1 Does a User necessarily need to create an account on the Platform?
does not permit Users to avail the Services on the Platform without prior
registration. Users may access the Application by registering to create an
account and become a member. The membership is limited for the purpose of
buying or selling products, is subject to this Agreement and strictly not
2.2 For the use of Platform, is a User subject to any eligibility
Services on the Platform shall be availed by User(s) who can form legally
binding contracts under Indian Contract Act, 1872 and are at least
eighteen (18) years of age.
Company reserves the right to terminate the Users account and / or deny
access to the Platform if it is brought to the Company’s notice or if it
is discovered that the User does not meet the conditions herein. User(s)
accessing or using the Platform represent and warrant that they have the
right to access or use the Platform.
2.3 Are there any specific requirements for registering an account on
Users are required to enter a valid phone number while registering on
Platform. By such registration, User consents to be contacted by Company
via phone calls, SMS notifications, instant messages or other such means of
communication inter alia for subscription/services/promotional updates
etc. Users may 'opt-out' of such subscription/service/promotional updates
either through the ‘opt out’ means provided or by writing to the support
is the responsibility of the Users to provide correct mobile number so
that the Company can communicate with the Users via SMS. The Users
understand and agree that if the Company sends an SMS but the Users do not
receive it because the Users’ mobile number is incorrect or out of data or
blocked by the User's service provider, or the Users are otherwise unable
to receive SMS, the Company shall be deemed to have provided the
communication to the Users effectively.
is the User’s responsibility to provide accurate, current and complete
information during the registration process and to update such information
to keep it accurate, current and complete.
2.4 Can User account registered on Platform be suspended or terminated?
Company reserves the right to suspend or terminate the account or access
to Services (or any part thereof) on the Application including blocking
any amounts due to the User and associated account without notice and the
Users will remain liable for all amounts due up to and including the date
of termination, if:
- any information provided during the
registration process or thereafter proves to be inaccurate, not current
or incomplete; and/or
- in Company’s assessment, the User has:
User is found to be non-compliant with the
where the violation of the Agreement gives rise to criminal or civil
action, the Company may at its sole discretion pursue such action.Without
prejudice to the above stated rights of the Company, in case of alleged
fraud or other breach of this Agreement by User, Company may at its sole
discretion (a) withhold all amounts payable to such User; and (b) impose
penalties as the Company may reasonably determine and set off such
penalties from the monies payable by Company to such User.
- charged an unreasonably high price;
- unreasonable instances of returns and/or
- engaged in actions that are fraudulent,
negligent or derogatory to the Company’s interests.
- failed or is suspected to have failed to
comply with any term or provision of the Agreement or applicable law.
2.5 What are User obligations vis-à-vis its registered account on
an account on the Platform gives authenticity to the actions of the User.
It means that the User is solely responsible for all activities that occur
under its account and that all transactions made by such User is intended
for bona fide sale or consumption in the course of their business
and every activity undertaken by a User under his/her account shall be the
sole responsibility of such User and the Company shall not be liable for
such activity in any manner. Hence it shall be the responsibility of the
User to treat the user identification code, password and any other piece
of information that is provided by the Company, as part of the security
procedures, as confidential and not disclose the same to any person or
entity other than the Company.
acknowledges and agrees that having an account on Platform does not grant
it any rights on Platform not specifically granted to them by the Company,
and that the User has no ownership or other interest in the account. The
User understands that all rights in and to the account are and shall
forever be owned by and inure to the benefit of the Company.
registration, the Users may receive a password protected account and an
identification. The Users agree to:
- maintain the confidentiality of their
password, if applicable;
- take full responsibility for all activities
by Users accessing the Application through their account;
- immediately notify the Company of any unauthorised
use of their account or any other breach of security that they become
aware of; and
- ensure that they exit from their account at
the end of each session.
3. PLACING ORDERS AND FINANCIAL TERMS
3.1 How does order placement work on the Platform?
Application allows Users to place orders for the products listed by
Suppliers on Application and the Application, subject to Agreement herein,
facilitates the placement of orders for the products by the Users.
receipt of an order from a User, Company shall send electronically a
confirmation of such order to Supplier and the User concerned. Further,
the Company may inform the User about the availability or unavailability
or change in price of the order as informed by Supplier concerned, from
time to time. Confirmation of the order by Supplier shall be treated as
Company does not own, sell or resell any products on its own and/or does
not control the Suppliers and only facilitates the transaction between
buyers and sellers including User and Supplier as a 'marketplace'. Company
makes all reasonable efforts to promptly update the Users account and
other information in order to assist facilitate the transaction
completion. Hence, Users are required to provide current, complete and
accurate purchase and account information for all purchases made at on the
fulfilment of orders to their end users/consumers by Reseller shall be the
responsibility of the Reseller inter se such end user/consumer. Any add-on
service provided by Platform towards such order shall be provided merely
as a service provider of such Reseller by the Platform and accordingly,
Platform shall not have any privity of contract with such end
3.2 How are the commercial terms fixed on Application?
commercial/contractual terms of sale are offered by Suppliers and agreed
to between Suppliers and the Users alone. The commercial/contractual terms
include without limitation, price, date, period and mode of delivery,
warranties related to products, etc. Company 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 Suppliers
and the Users. All discounts and offers are by the Suppliers and not by
in case of deliveries effected by Resellers using the Platform, the
Platform only acts as a service provider for the Reseller facilitating
delivery or other service related to an order. Company does not have any
control nor does not determine or advise or in any way involve itself in
the offering or acceptance of such commercial/contractual terms between
Reseller and its end user/consumer.
related to returns/ exchanges, penalties, refunds, cancellation will be
updated in the Application from time to time. The Company holds the right
to change these policies as required in the Application without any
permission from the Users.
3.3 How does payment and settlement of payment work on the Platform?
Users acknowledge and agree that the Company may, at the request of the
Supplier or the Reseller, act as the payment agent for the limited purpose
of accepting payments on behalf of such Suppliers and Resellers. The Users
understand, accept and agree that the payment facility provided by the
Company is neither a banking nor financial service but is merely a
facilitator providing a third party payment processor for the transactions
on the Application. Further, by providing payment facility, the Company is
neither acting as a trustee nor acting in a fiduciary capacity with
respect to the transaction or the transaction price. The Company will not
be liable for any charges made by the Users bank in relation to payment of
the total amount.
connection with any order, information such as name, billing address and
credit card information may need to be provided either to the Company or
the third party payment processor. If the Users are directed to the third
party payment processor, they may be subject to terms and conditions governing
use of that third party’s service and that third party’s personal
information collection practices. Users are requested to review such terms
Reseller providing billing information, delivery address or other contact
information of its end user/consumer to Company or other delivery service
provider, Reseller shall ensure that it has necessary consents and
approvals from the respective end user/consumer as may be required under
merely collects the payment on behalf of the Supplier or Reseller, as the
case may be. All applicable taxes and levies, the rates thereof and the
manner of applicability of such taxes are to be charged and determined by
the Supplier or Reseller. Company holds no responsibility for the legal
correctness/validity of the levy of such taxes. The sole liability with
respect to any legal issue arising on the taxes payable shall be with the
transaction is bilateral between Suppliers & Users and/or Reseller
& end users/consumers ("User Transactions"), the Company is
not liable to charge or deposit any taxes applicable on such transaction.
3.4 Whether Company charges User(s) for Services provided by Company on
on Platform may require payment of charges, rate of which shall be solely
at the discretion of the Company and shall be subject to User approval at
the time of placing an order on the Platform. Company reserves the right
to revise charges towards Service at any time at its sole discretion. The
charge, applicable at any given time, will be the charge displayed at the
time of purchase/booking of the respective Service (if any) by User on the
reserves the right to introduce additional chargeable services on the
Platform including charges for a premium return service, cancellation
charges, cash on delivery handling fees etc.
3.5 Whether for transacting on Platform, User is required to be
registered under the Central or State Goods and Services Tax Legislations
is not obligated towards any direct or indirect tax obligation of the User
that may arise as a result of User's access or use of Services on the
Platform. The requirement for registration and compliances under the GST
Laws and other tax laws is the sole responsibility of the User including
Reseller, the Company is not liable for any omissions or commissions by
such User who acts in violation of the any applicable law. Accordingly,
User is advised to seek independent tax advice relating to its business
and/or transaction through Platform including whether it is liable for GST
4. USE OF THE PLATFORM
4.1 Can User access and use the Platform at any time or could there be
endeavours to make the Application available 24X7. However, the Company
does not represent that access to the Application will be uninterrupted,
timely, error free, free of viruses or other harmful components or that
such defects will be corrected.
understand and acknowledge that the use of Application requires internet
connectivity and telecommunication links. Users shall bear the costs
incurred to access and use the Application and avail Services, and Company
shall not, under any circumstances whatsoever, be responsible or liable
for such costs.
does not warrant that Application will be compatible with all hardware and
software which is used by Users.
may be under constant upgrades, and some functions and features may not be
fully operational. Application is provided on an 'as is' and 'as
available' basis. Company expressly disclaims all warranties of any kind,
whether express or implied with respect to the records and other data that
is made available by it to Users.
shall be solely responsible for damages to their data system or for loss
of data arising from download of content from Application. No guidance or
information, written or oral, obtained from Company or via Platform, shall
constitute any warranty, unless stated otherwise.
4.2 Does the Company guarantee performance of the agreement or other
arrangements inter se between User(s) or otherwise in respect of products on
through Platform, is a mere facilitator of the transaction including
between Supplier and User and is not responsible for any non-performance
or breach of any contract entered into towards User Transactions. The
Company cannot and does not guarantee that the concerned Suppliers will
perform any transaction concluded on the Platform. The Company shall not
and is not required to mediate or resolve any dispute or disagreement
between the Users concerned including with any other third party.
Company does not represent any of User or Supplier, and disclaims any
liability with respect to any error or inconsistency with respect to any
information relating to such Supplier or User displayed on the Platform.
Company does not make any representation or warranty as to the
item-specifics (such as legal title, creditworthiness, identity, etc.) of
any of its Users. Company shall not be liable for any misuse of
information shared by Users with it; or through the Users profile; or with
a third party on the Platform, chat rooms, forums, or comments.
acknowledge and agree that the Company is not an arbitrator or judge of
disputes concerning intellectual property and it cannot, by any means,
verify that any Supplier or Reseller selling or supplying merchandise
on/through the Platform have the right to sell the products. Company
encourages Users to assist it in identifying listings on the Platform,
which, according to the Users’ knowledge or belief infringe their rights
or third party rights.
does not at any point of time during any transaction between any Supplier
and a User take possession of any product offered nor does it at any point
gain title to or have any rights or claims over such products. At no time
shall the Company hold any right, title or interest over the products nor
shall the Company have any obligations or liabilities in respect of such
contract entered into between the Users. Company is not responsible for
damages or delays as a result of products which are out of stock,
unavailable or back ordered.
4.3 Whether the use of Platform (a) is restricted in any manner; and (b)
requires any generic compliances from User?
should not use the Platform to host, display, upload, download, modify,
publish, transmit, update or share any information which:
- is grossly harmful, harassing, blasphemous,
defamatory, obscene, pornographic, paedophilic, libellous, slanderous,
criminally inciting or 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; or unlawfully threatening or unlawfully harassing including
but not limited to "indecent representation of women" within
the meaning of the Indecent Representation of Women (Prohibition) Act,
- is patently offensive to the online
community, such as sexually explicit content, or content that promotes
obscenity, paedophilia, racism, bigotry, hatred or physical harm of any
kind against any group or individual;
- harasses or advocates harassment of another
- 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;
- promotes an illegal or unauthorized copy of
another person's copyrighted work, such as providing pirated computer
programs or links to them, providing information to circumvent
manufacture-installed copy-protect devices;
- tries to gain unauthorized access or exceeds
the scope of authorized access to the Application or to the profiles,
blogs, communities, account information, or other areas of the
Application 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 third party users enjoyment of similar
- refers to any website or URL that, in our
sole discretion, contains material that is inappropriate for the Platform
or any other website, contains content that would be prohibited or
violates the spirit of these Terms;
- violates any law for the time being in force;
- impersonates another person;
- contains software viruses or other computer
programming routines that may damage, detrimentally interfere with, diminish
value of, surreptitiously intercept or expropriate any system, data or
personal information; and
- directly or indirectly, offers, attempts to
offer, trades or attempts to trade in any item, dealing of which is
prohibited or restricted in any manner under the provisions of any
applicable law, rule, regulation or guideline for the time being in
accessing or using the Platform or availing the Services, the User has to
comply and ensure the following:
- All registration information submitted by
User is truthful, lawful and accurate;
- User's use of the Application/Platform shall
be solely for their use and they shall not authorize others to use the
- User does not submit, post, upload,
distribute, or otherwise make available or transmit any information that:
(i) is defamatory, abusive, harassing, insulting, threatening, or that
could be deemed to be stalking or constitute an invasion of a right of
privacy of another person; (ii) is bigoted, hateful, or racially or
otherwise offensive; (iii) is violent, vulgar, obscene, pornographic or
otherwise sexually explicit; (iv) is illegal or encourages or advocates
illegal activity or the discussion of illegal activities with the intent
to commit them;
- All necessary licenses, consents, permissions
and rights are owned by Users and there is no need for any payment or
permission or authorization required from any other party or entity to
use, distribute or otherwise exploit in all manners permitted by the
Agreement, all trademarks, copyrights, patents, trade secrets, privacy
and publicity rights and / or other proprietary rights contained in any
content that Users submit, post, upload, distribute or otherwise transmit
or make available;
- User will not use Platform in any way that is
unlawful, or harms the Company or any other person or entity;
- User will not post, submit, upload,
distribute, or otherwise transmit or make available any software or other
computer files that contain a virus or other harmful component, or
otherwise impair or damage the Platform or any connected network, or
otherwise interfere with any person or entity’s use or enjoyment of
- User will not use another person’s username,
password or other account information, or another person’s name,
likeness, voice, image or photograph or impersonate any person or entity
or misrepresent your identity or affiliation with any person or entity;
- User will not or attempt to delete or modify
any content of Platform, including but not limited to, disclaimers or
proprietary notices such as copyright or trademark symbols, logos;
- User will not post or contribute any
information or data that may be obscene, indecent, pornographic, vulgar,
profane, racist, sexist, discriminatory, offensive, derogatory, harmful,
harassing, threatening, embarrassing, malicious, abusive, hateful,
menacing, defamatory, untrue or political or contrary to our interest;
- User shall not access Platform without
authority or use Platform in a manner that damages, interferes or
disrupts, any part of Platform or any equipment or any network on which
Platform is stored or any equipment of any third party;
- User shall not attempt to gain unauthorized
access to any portion or feature of the Application, or any other systems
or networks connected to the Platform by any means. User shall not probe,
scan or test the vulnerability of Platform nor breach the security or
authentication measures on Platform or any network connected to Platform.
- User agree not to use any device, software or
routine to interfere or attempt to interfere with the proper working of
Platform or any transaction being conducted on Platform, or with any
other person’s use of Platform. User may not use Platform or any of its
content for any purpose that is unlawful or prohibited by this Agreement.
- User shall at all times ensure full
compliance with the applicable law, as amended from time to time,
including that of (i) the Information Technology Act, 2000 and the rules
thereunder; (ii) all applicable domestic laws, rules and regulations
(including the provisions of any applicable exchange control laws or
regulations in force); and (iii) international laws, foreign exchange
laws, statutes, ordinances and regulations (including, but not limited to
Direct and Indirect Taxes applicable as per current statue in the country)
regarding the use of the Application and listing, purchase, solicitation
of offers to purchase, and sale of products or Services. User shall not
engage in any transaction which is prohibited by the provisions of any
applicable law including exchange control laws or regulations for the
time being in force.
- In order to allow Company to use the
information supplied by the Users, without violating any rights or any
laws, Users agree to grant Company a non-exclusive, worldwide, perpetual,
irrevocable, royalty-free, sub-licensable (through multiple tiers) right
to exercise the copyright, publicity, database rights or any other
rights. Company will only use the information in accordance with this
Agreement, applicable to use of Platform and for provision of Services.
shall at times and at their sole discretion reserve the right to disable
any user identification code or password if any User has failed to comply
with any of the provisions of this Agreement. Company shall have all the
rights to take necessary action and claim damages that may occur due to
User's involvement/participation in any way either on their own or through
group/s of people, intentionally or unintentionally in hacking.
5. ACCURACY AND COMPLETENESS OF INFORMATION ON PLATFORM
5.1 What is the accuracy and completeness of all information displayed
on the Platform?
takes all endeavours to the best of its efforts to keep information on the
Platform accurate. However, the material and content on the Platform is
provided for general information only and should not be relied upon or
used as the sole basis for making decisions without consulting primary,
more accurate, more complete or timely sources of information. Reference
to paragraph 5.2 below, User will agree that a majority of content
including products displayed on Platform are provided by the respective
Suppliers, who shall at all times be responsible for provision of
information related to such products listed by them. Apart from reasonable
checks to ensure general hygiene of Platform, Company does not exercise
any control over such content or information.
undertakes no obligation to update, amend or clarify information in the
Platform, including without limitation, pricing information, except as
required by law. Company does not own any responsibility or obligation
whatsoever towards either ensuring the accuracy of the information
provided by the Users. Any reliance on the material on Platform is at the
Users’ own risk.
may contain certain historical information. Historical information,
necessarily, is not current and is provided for your reference only. The
Company reserves the right to modify the contents of Platform at any time,
but has no obligation to update any information on Platform. User is
solely responsible to monitor changes to the information on Platform. No
specified update or refresh date applied to Platform, should be taken to
indicate that all information on Platform or pertaining to the Services
have been modified or updated.
there may be information on Platform that contains typographical errors,
inaccuracies or omissions that may relate to information pertaining to the
products, pricing, promotions, offers, shipping charges, transit times and
availability. Company reserves the right to correct any errors,
inaccuracies or omissions, and to change or update information if any
information on Platform is inaccurate at any time without prior notice.
Information is provided 'as is' with no guarantee of completeness,
accuracy, timeliness or of the results obtained from the use of the
Information, and without warranty of any kind, express or implied,
including, but not limited to warranties of performance, merchantability
and fitness for a particular purpose. Nothing contained in this Agreement
shall to any extent substitute for the independent investigations and the
sound technical and business judgment of User.
5.2 Is information related to products on Platform provided by the
all information on the Platform is provided by Company. From time to time,
Users who are Suppliers provide information relating to the products
proposed to be sold by them and are hence responsible for the same. In
this connection, Suppliers undertake that all such information shall be
accurate in all respects. Suppliers are discouraged from and should not
exaggerate or overemphasise the attributes of such products so as to
mislead Users in any manner.
reserves the right, but has no obligation, to monitor the materials posted
on Platform. Company, however, has the right to remove or edit any content
that in its sole discretion violates, or is alleged to violate, any
applicable law or either the spirit of these Terms. In no event shall
Company assume any responsibility or liability for any content posted or
for any claims, damages or losses resulting from use of content and/or
appearance of content on Platform.
take sole responsibility for the correctness of the details pertaining to
specifics (such as quality, value, saleability, etc.) of the products
proposed to be sold or offered to be sold or purchased on Platform.
Company does not implicitly or explicitly support or endorse the sale or
purchase of any products nor provide any warrantee/guarantee of the
products sold to Users, and in no event shall such products be the
responsibility of Company. Company does not represent or warrant that the
information available on Platform will be correct, accurate or otherwise
is not responsible for any inaccuracy, incompleteness or outdated
information made available on the Application, either provided by any User
6. LISTING AND SELLING
6.1 As Supplier, in addition to this Agreement, what other terms is a
User required to abide by?
in addition to this Agreement are also bound by applicable laws of India,
including without limitation, the following laws:
- The Legal Metrology Act, 2009 and Legal
Metrology (Packaged Commodities) Rules, 2011 (Packaging Rules);
- Drugs and Cosmetics Act, 1940 and Drugs and Cosmetics
Rules, 1945 (D&C Rules);
- Food Safety and standard Act, 2006, Food
Safety and Standard (Packaging and labelling) Regulation 2011, (FSS
Packaging Regulation) Food Safety and Standard (Food Product Standard and
Food Addictive) Regulation, 2011 (FSS Standard Regulations) and Food
Safety and Standard (food or Health Supplements, Nutraceuticals, Food for
Special Medical Purpose, Functional Food and Novel Food) Regulation 2016
(FSS Supplement Regulation).
per above mentioned statutes and regulations and any other relevant law in
place during the tenure of this association, Company understands that
there is an obligation on Supplier to ensure that the package in which the
products are sold complies with labelling and packing requirements and
other laws that may be prescribed in this regard. Hence, it shall be the
sole responsibility of Supplier to comply with applicable laws and the
Company shall not be held responsible in any manner. Suppliers shall
indemnify Company and Platform for any harm or loss in relation to
contravention of above regulations or other applicable laws.
6.2 When can the Suppliers get their products listed?
are permitted to list products for sale on the Application in accordance
with the terms mentioned in this Agreement and other contract entered into
with Company for the said purpose, wherein other rights and obligations of
the parties are defined in detail.
listing its products on the Platform, the Suppliers represent and warrant
that they are legally capable to sell or list the products on Platform;
and the listed items do not infringe upon the intellectual property, trade
secret or other proprietary rights or rights of publicity or privacy
rights of any third party. Suppliers and Users agree that the Company is not
responsible for the breach of the same.
7. USER INFORMATION AND THRID PARTY TOOLS/LINKS
7.1 What information is collected from the User? How does Company deal
with the information provided to it by a User while using Platform?
collects various types of information, some information is non-personal
information and some is personal information.
information about Users that are collected, stored or transmitted in any
way on Platform is processed for facilitating various operations on
Platform, including registration, order placement, listing, or payments.
a more comprehensive understanding, Users are encouraged to view the
7.2 Does the Company use Third Party tools on Platform?
Company may provide User with access to third-party tools over the
Platform which Company neither monitors nor has any control nor input.
User acknowledges and agrees that access to such tools is on an 'as is'
and 'as available' basis, without any warranties, representations or
conditions of any kind and without any endorsement by Company. Company
shall have no liability whatsoever arising from or relating to your use of
optional third-party tools.
use by the User of the optional tools offered through the Application/Platform
is entirely at its own risk and discretion and it is the responsibility of
User that it ensures that it is familiar with and approves the terms on
which such tools are provided by the relevant third-party provider(s).
Company may from time to time, offer new features through Platform which
may include the use new third-party tools and resources. Such new features
shall also be subject to this Agreement. Complaints, claims, concerns, or
questions regarding third-party tools or third party websites should be
directed to the third-party.
7.3 Does Company use third party links or third party tools on Platform?
Are these links and tools accurate and secure?
content or products available via the Platform may include materials from
third-parties. Third-party links on the Application/Platform may direct
User to third-party websites that are not affiliated with the Company. The
Company is not responsible for examining or evaluating the content or
accuracy and does not warrant and will not have any liability or
responsibility for any third-party materials or websites, or for any other
materials, products, or services of third-parties.
is not liable for any harm or damages related to the purchase or use of
goods, services, resources, content, or any other transactions made in
connection with any third-party websites regardless of the existence of
any third party link on Platform. Please review carefully such
third-party’s policies and practices and make sure to understand them
before engaging in any transactions.
8. INTELLECTUAL PROPERTY (IP) AND IP INFRINGEMENT
8.1 Can User use the content published on Platform such as " Https://grownexpackaging.com"
mark when doing business with other parties?
may not use any trademark, service mark or logo of any independent third
parties without prior written approval from such parties.
- " Https://grownexpackaging.com"
and related icons and logos whether registered or unregistered are the
trademarks of the Company and are protected under applicable copyright,
trademark and other proprietary and intellectual property laws. Users’
unauthorized adoption copying, modification, use or publication of these
marks is strictly prohibited.
must not modify the paper or digital copies of any materials printed or
downloaded in any way, and they must not use any illustrations,
photographs, video or audio sequences or any graphics separately from any
must not use any part of the materials on Platform for commercial purposes
without obtaining a licence to do so from Company. All rights, not
otherwise claimed under this Agreement by Company are hereby reserved.
understands that Platform and software embodied within Platform may
include security components that permit digital materials to be protected,
and that use of these materials is subject to usage rules set by Company
or other parties that facilitate the same. User agrees that it will not
attempt to override, disable, circumvent or otherwise interfere with any
such security components and usage rules embedded in the Platform.
8.2 How does the Company deal with IP infringement?
trademark, word mark or intellectual property of any User(s) or
Supplier(s) belongs to such User(s)/Supplier(s) alone, and Company has no
right or claim over the same.
reserves the right in its sole discretion to remove any
material/content/photos/offers displayed on the Platform which in
Company’s reasonable belief is unlawful or could subject Company to
liability or is in violation of this Agreement or is otherwise found
inappropriate in the Company’s opinion. Company reserves the right to
cooperate with any investigation in this regard.
reserves the right to suspend or terminate the account of a User as deemed
appropriate by it. Users agree that the Company shall have no liability to
any Users, including liability in respect of consequential or any other
damages, in the event Company takes any of the actions pursuant to
allegations of IP infringement.
acknowledge and agree that Company is not an arbitrator or judge of
disputes concerning intellectual property and it cannot, by any means,
verify that any Supplier selling or supplying merchandise on the Platform
have the right to sell the products. Company encourages Users to assist it
in identifying listings on the Platform, which, according to Users’
knowledge or belief infringe their rights or third party rights.
delisting of product from Platform is to safeguard Company’s interest, by
taking down a listing, Company does not and cannot be deemed to be
endorsing a claim of infringement and further in those instances in which
Company declines to take down a listing, Company does not and cannot be
deemed to be endorsing that the listing is not infringing of third party
rights or endorsing any sale or supply of merchandise or services pursuant
to or on account of such listing.
request you to review the Intellectual Property Policy available on the
Application for more information.
9. DISCLAIMER AND LIABILITIES
9.1 What are the standard disclaimers in relation to the Platform and
in no event, is or will be liable to User including the Reseller or anyone
claiming through a User in respect of product or other User Transaction
under contract, negligence, strict liability or other legal or equitable
theory for any special, incidental, indirect, consequential, exemplary or
punitive damages, loss of goodwill, loss of revenue, loss of opportunity,
loss of anticipated profits, whatsoever, including those resulting from
loss of use, data or profits, whether or not foreseeable or whether or not
Company has been advised of the possibility of such damages, or based on
any theory of liability, including breach of contract or warranty or
negligence or any other claim arising out of or in connection with the use
of or access of Platform.
shall not be liable for: any injury, loss, claim, or any direct, indirect,
incidental, punitive, special, or consequential damages of any kind,
including, without limitation any financial losses, loss of data,
replacement costs, or any similar damages, whether based in contract,
tort, strict liability or otherwise, arising from the use of Platform, or
for any other claim related in any way to the use of the Application,
including, but not limited to, any errors or omissions in any content, or
any loss or damage of any kind incurred as a result of the use of the
Application/Platform or any content posted, transmitted, or otherwise made
available via the Application/Platform, even if advised of their
shall be solely responsible for damages, if any, to their data system or
for loss of data arising from download of content from Platform. No
guidance or information, written or oral, obtained from Company or via the
Platform, shall constitute any warranty, unless stated otherwise.
9.2 What happens to User order in case of a lockdown or other force
shall not be liable for any damages whatsoever arising out of force
majeure or other similar circumstances, directly or indirectly affecting
Company and/or the Platform. Examples of force majeure events include
without limitation real or potential labour disputes, governmental
actions, war or threat of war, sabotage, civil unrest, demonstrations,
fire, storm, flooding, explosion, earthquake, epidemic or pandemic,
provisions or limitations of materials or resources, inability to obtain
the relevant authorization, accident, and defect in electricity or
majeure or other events beyond the Company’s control, hindrance, delay or
complication in the maintenance of the Platform entitles the Company to
suspend or limit the Platform until further notice.
9.3 Under what circumstances may User be liable for any damages to
shall indemnify, defend, and hold harmless Company and its subsidiaries,
affiliates, partners, officers, directors, agents, contractors, licensors,
service providers, subcontractors, suppliers, interns and employees, from
and against any and all losses, liabilities, claims, suits, proceedings,
penalties, interests, damages, demands, costs, and expenses (including
legal and statutory fees and disbursements in connection therewith and
interest chargeable thereon) asserted against or incurred by Company that
arise out of, result from, or in connection with:
breach of this Agreement;
claims made by any third party due to, or arising out of, or in connection
with User’s use of Platform including by end users/consumers of
User’s violation of any rights of another, including intellectual property
User’s violation of any applicable laws.
10.1 How to contact Company in case of any queries regarding this
Agreement or grievances relating to Platform?
queries, concerns or questions about the Agreement should be sent to
Company at info@ Https://grownexpackaging.com or
legal info@ Https://grownexpackaging.com .
10.2 How will the Company contact User?
notices or demands to or upon a User(s) shall be effective if either
delivered personally, sent by courier, certified mail, by facsimile or
email to the last-known correspondence, fax or email address provided by
User(s) on the Platform, or by posting such notice or demand on an area of
the Platform that is publicly accessible.
to a User(s) shall be deemed to be received by such User(s) if and either
when sent to User at the address, email or other communication details
provided by such User at the time of registration, whether in physical or
electronic form, has been sent to such User(s), or immediately upon
publishing of such notice on an area of the Platform that is publicly
10.3 In case of a call from a person asking for access to User account
registered with Company, what should User do?
urges the users to beware of fake offers and fraudulent callers/messengers
who may impersonate themselves as representatives of the Company. The
Company’s authorised representatives will never contact the Users to
demand money for prizes or ask for password/PIN/CVV. In the event you are
asked for confidential details by anyone posing as the Company’s
representatives, please ask them to communicate with you through email and
only respond to emails from Https://grownexpackaging.com domain.
Please see our Anti Phishing communication available on the Platform.
10.4 Can User disclose its communication through calls with the Company
to third parties?
- All calls to the Company are completely
confidential. However, the Users’ calls may be recorded to ensure quality
of service. Further, for training purpose and to ensure excellent
customer service, calls from the Company may be monitored and recorded.
11. MISCELLANEOUS PROVISIONS APPLICABLE TO AGREEMENT
Agreement is governed by the laws of India. Any action, suit, or other legal
proceeding, which is commenced to resolve any matter arising under or relating
to this Agreement or the Platform shall be subject to the jurisdiction of the
courts at Jaipur Only , India.
Company shall have the right to assign its obligations and duties in this
Agreement to any person or entity.
failure of Company to exercise or enforce any right or provision of this
Agreement shall not constitute a waiver of such right or provision.
Platform is controlled and operated from India and Company makes no
representation that the content, information or materials made available herein
are appropriate or will be available for use in other locations. Access and use
of this Platform from outside India is entirely at User's sole risk and User
agrees and undertakes to be responsible for compliance with all applicable
local laws and agrees to release, discharge and absolve Company from any
liability or loss in this respect.
Company reserves the right to introduce and initiate new features,
functionalities and components to Platform and/or change, alter, modify,
suspend, discontinue or remove the existing ones without any prior notice to
you. Further, Company is entitled to discontinue (either permanently or
temporarily) one or more of the Services provided or terminate the Platform or
charge for Service which were early free of cost, without any prior notice to