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Terms & Conditions

PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY. BY USING THIS WEBSITE, YOU INDICATE YOUR UNDERSTANDING AND ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT USE THIS WEBSITE.

1. DEFINITIONS:

“Company”; “Choices”; “us”; “we”; “our” shall mean Choices Prosperity Solutions India Private Limited, a company registered under the Companies Act, 1956 having its registered office at B 217-220, Bonanza, Sahar Plaza, Andheri Kurla Road, Near J. B. Nagar Metro Station, Andheri (E), Mumbai 400059

“Website” shall mean http://www.destamart.com.

“You”; “your”; “Users” shall include in its ambit users who access the Website without registering on it and registered users of the Website.

““Sellers”” shall mean and include the individuals or the entities that offer the products, through the Website

“Buyer(s)” means the users who purchase the products from Website.

“You”; “your”; “Users” shall include in its ambit users who access the Website without registering on it and registered users of the Website.

“User Account” shall be the account, which the Users shall be required to create with the Website to avail the entire gamut of Services offered by it.

2. INTRODUCTION:

Welcome to our Website. If you continue to browse through this Website, you are agreeing to be bound by the Terms which along with the privacy policy (“Privacy Policy”) govern your relationship with us.

3. SCOPE OF THE WEBSITE:

The Website is an e-portal for marketing, purchasing and selling agricultural products (“Products”) such as seeds, pesticides, fertilizers, plant growth regulators, pumps, nozzles etc. made available by the Seller. (“Services”). Buyers shall be able to select the Products they want to purchase through the Website and pay for the same through the modes made available on the Website. Although the Website shall share information related to the Products on the Website, Users understand and acknowledge that Choices shall not be responsible for the information shared through this Website.

4. REGISTRATION:

In order to avail the Services provided through this Website, you need to complete the registration process on the signup page. You are required to complete the registration with all the relevant details and submit the same to the Website. You shall be required to create your own user account with the User Id and Password for availing the services through this Website. (“User Account”) You may also need to provide your Email Id and registered Mobile number for receiving further alerts and instructions. You agree that choices shall not be held responsible for incorrect or incomplete data. You are requested to keep your User Account details and password strictly confidential to avoid further consequences

5. ACCESS TO THE WEBSITE :

By registering for a User Account through the Website, you represent and warrant that you are the age of majority in your jurisdiction. You agree to;

(a) provide accurate, authenticated and true information about yourself;

(b) maintain the security of your passwords and identification,

(c) promptly update the email address listed in connection with your User Account to keep it accurate so that we can contact you; and

(d) be fully responsible for all uses of your User Account.

You must not set up a User Account on behalf of another individual or entity unless you are authorized to do so.

No registration with the Website deems to make you a member, shareholder or affiliate of Choices for any purposes whatsoever, nor shall you have any of the rights of statutory members of Choices.

6. LISTING OF PRODUCTS:

The Seller shall provide a list of the Products which shall be listed under categories of seeds, fertilizers, pesticides, plant regulators, agricultural equipment or allied products. The featured Products and their current prices shall be updated from time to time by the Sellers.

Wherever applicable Seller shall make every effort to display the colours of Products that appear on the Website as accurately as possible. However, the Website shall not be held responsible or liable if the actual colours are not properly displayed on the User’s monitor and it shall depend on User’s monitor. Company cannot guarantee that User’s monitor's display of any colour will be accurate.

7. PURCHASE AND DELIVERY OF PRODUCTS:

The Products are listed on the Website Buyer shall place an order by signing in on the Website, by using their User Account. Seller shall have the sole right to accept or reject the order. On acceptance of an order by Seller, Buyer shall receive a confirmation against the order. The Company shall not be responsible for any claims related to the quality, quantity, size, shape, colour, look and feel, texture, style, etc. of the Products as they might appear different on the Website. Upon the acceptance of order, Seller shall provide an estimated time of delivery, which may alter or change due any unforeseen circumstances. Company shall not be liable for any loss or damage, including but not limited to, quality of Products and mental agony suffered by the Buyer due to such delay. The Buyers shall be solely responsible for checking if the Product’s date of expiry has exceeded. The Buyers shall have the option of returning defective Products to Company within seven working days from the receipt of such Products.

Company shall only coordinate the deliveries of the Products by Seller to the Buyers. The Company shall not be responsible for any damage to the Products in transit.

In case there are orders for multiple Products placed by the Buyer, Seller shall deliver such Products based on the availability of the stock and the Products may not be delivered simultaneously or will be delivered separately. Company is not responsible for change in prices of the Products, unsatisfactory or delayed delivery of Products or damages or delays as a result of Products which are out of stock, unavailable or back ordered.

Though we do not stock the inventory of Products, we may provide warehousing facility to the Sellers for their Products. Such warehousing facility may be availed at prices agreed between the Company and Sellers.

8. PRICING :

Prices for Products would be listed on the Website. All prices are inclusive of taxes unless stated otherwise and are in Indian rupees. Prices, Products and services are offered by the respective Seller and may change in accordance with the brand guidelines or other terms and conditions applicable to each Seller.

Users can pay for the Products in advance through various modes of payment:

  • Net Banking, IMPS, UPI and Debit Card,
  • E-Wallets
  • Any other mode of payment as may be acceptable to Company.

We shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of a Buyer having exceeded the credit limit with her bank or for any payment issue arising out of the transaction. On receipt of confirmation or delivery of Products, Company shall settle the payments with the Sellers.

Use of the payment facilities provided by the Website shall not render the Website liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the Products listed on the Websites. The Website shall not be responsible for any damages, interests or claims arising from not processing a transaction. We should receive any payment made by credit card or any other mode as mentioned above on time.

Every Buyer hereby agrees to provide accurate information, such as credit/debit information for purchasing Products on the Website. Every User further warrant that he/she shall not use payment information or instrument that is not lawfully owned by the User. The Website disclaims all liabilities arising out of loss of any information pertaining to the confidentiality of the credit/debit card details or pre-paid instrument account. In addition to these terms of use, the terms and conditions of the bank or other financial institution shall also be applicable to every User. The Website disclaims any liability arising out of declining of payment by such bank or financial institution.

The Website is merely a facilitator for providing the User with payment channels through automated online electronic payments, collection and remittance facility for the payment of Products purchased by the Buyer on the Website using the existing authorized banking infrastructure and credit card payment gateway networks.

RETURN AND REFUND POLICY

Buyer's Product related complaint for refund or replacement will be processed in accordance with the procedures intimated by the Company. Refund shall take place only after confirmation by the Seller. The Seller shall refund within seven working days of receiving the material. The refund to Buyer will be processed within seven working days of the refund by Seller to the Company. However, in the event of false, frivolous or baseless complaints regarding the delivery or quality of the Products, the Buyer will not be eligible for refund or replacement. Before accepting delivery of any Product, the Buyer shall reasonably ensure that the Product's packaging is not damaged or tampered with in any way. The Company will facilitate discussions between the Buyer and Seller but, the onus of resolving the complaint / issue lies with the Buyer and / or Seller.

The return process of a Product may be subject to additional terms depending on the nature and category of the Product. Any such additional terms may be specified on the Website or be intimated by the Seller at the time of purchase of the Product.

CANCELLATION POLICY

In case of requests for order cancellations by the Buyer, Company shall review the reasons for cancellation and repay the amount paid as per Company policy. As part of usual business practice, if Company receives a cancellation notice and the order has not been processed, Company may cancel the order and refund the entire amount to Buyer within days or a reasonable period of time. Company will not be able to cancel orders that have already been processed by the Company. Buyer agrees not to dispute the decision made by Company and accept Company's decision regarding the cancellation.

In case the Buyer has availed any benefit under any marketing or promotions provided by the Website in relation to the Products for which the order has been cancelled by the Buyer, Buyer agrees and authorizes Company or the Website to recover such benefits from the Buyer or set-off the same from any refunds to the Buyer.

CONTENT AVAILABLE :

Choices does not make any warranty or representations for the Products provided on the Website. Choices shall not be held liable under any circumstances including, but not limiting to: any infringement, errors, damages, fraud, misrepresentations, direct or indirect losses, future business loss, products liability, claims or omission of information or details posted, or any link accessible or made available through this Website. You understand that by using this Website, you may be exposed to content that may be incomplete, old, objectionable due to whatsoever nature. You agree that you are solely responsible for use of Products made available through the Website.

LINKS TO THIRD PARTY SITES

This Website may contain links to other websites owned and operated by third parties who are not related to the Website (“Linked Websites”). The Linked Websites are not under the control of Choices and Choices shall not be responsible for the content of any Linked Websites or any hyperlink contained in a Linked Website and makes no representation or warranty with respect to the content of any such third- party sites.

Choices provides these links to you as a convenience only and the inclusion of any link does not imply any endorsement of the Linked Website by Choices. Your link to any such Linked Website is entirely at your own risk.

Choices shall not be party to any transaction between you and a Linked Website. Your use of a Linked Website is subject to the terms and conditions of that site.

The Website may also contain third party advertisements or merchants, related to the Website, or not, if any. The display of such advertisements does not in any way imply an endorsement or recommendation by Choices of the relevant advertiser or the merchant, its products or services. You are referred to the relevant advertiser or merchant for all information regarding the advertisement and its products and/or services. Choices accepts no responsibility for any interaction between you and the relevant third party and is released from any liability arising out of or in any way connected with such interaction.

You shall not (nor cause any third party to) use these Ancillary Services to perform any illegal activities (including without limitation defaming, abusing, harassing, stalking, threatening, promoting racism, or otherwise violating the legal rights, such as rights of privacy, of others) or immoral activities, falsely stating or otherwise misrepresenting your affiliation with a person or entity. You shall not use these Ancillary Services to express your concerns or differences with other Users.

You agree to abide by all applicable laws and regulations and are solely responsible for all acts or omissions by you on the Account.

10. DEALINGS WITH THIRD PARTY ORGANISATIONS AND INDIVIDUALS:

You agree and acknowledge that Choices shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings or interactions with third party organisations and individuals through the Website. In the event that you have a dispute with one or more other third party organisation or individual, you hereby release Choices, its officers, employees, agents and successors from any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Website.

11. CHANGE IN TERMS:

We may update the Terms without notice to you. You are encouraged to check our Terms on a regular basis to be aware of the changes made to it. Continued use of the Website shall be deemed to be your acceptance of the Terms.

The Terms were last modified on [25/06/2015].

12. DISCLAIMER OF WARRANTIES:

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE AND THE PRODUCTS PROVIDED THROUGH IT IS ENTIRELY AT YOUR OWN RISK AND THAT THE WEBSITE AND THE INFORMATION THEREIN ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW CHOICES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE THE PRODUCTS AND YOUR USE THEREOF. CHOICES MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE PRODUCTS PROVIDED OR THE EXPERT ADVISE RENDERED OR THE WEBSITE'S CONTENT OR THE DATA SHARED BY OR THE CONTENT OF ANY THIRD PARTY WEBSITES LINKED TO THE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE AND THE PRODUCTS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY PRODUCTS DISPLAYED, DELIVERED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR THE PRODUCTS. CHOICES DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY INFORMATION OR MERCHANT ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND CHOICES SHALL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND/OR OTHER USERS AND/OR THIRD-PARTY MERCHANTS OR ADRVERTISERS.

13. LIMITATION OF LIABILITY:

IN NO EVENT SHALL CHOICES, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF CHOICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE OR THE INFORMATION PROVIDED THROUGH IT, INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE OR THE PRODUCTS, FROM INABILITY TO USE THE WEBSITE OR THE PRODUCTS, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE OR THE PRODUCTS PROVIDED THROUGH IT. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES RENDERED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICES OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY PRODUCTS, DESCRIPTION OF PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE INFORMATION OR ANY LINKS ON THE WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT CHOICES SHALL NOT BE LIABLE FOR USER DETAILS AND CONTENTS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE WEBSITE IS CONTROLLED AND OFFERED BY CHOICES FROM ITS FACILITIES IN INDIA.

THE FORGOING LIMITATIONS OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OFESSENTIAL PURPOSE OF ANY LIMITED WARRANTY OR REMEDY HEREIN.

14. INDEMNIFICATION:

You agree to indemnify us and hold us harmless from and against any claims arising out of or relating to:

(i) Products offered through this Website;

(ii) infringement of any third party intellectual property rights;

(iii) any breach of the terms and conditions of the Terms;

(iv) any breach of applicable laws;

(v) any representations and warranties made in relation to the Website and;

(vi) transactions (present and subsequent) between you and Sellers or third party advertisers.

15. PRIVACY POLICY:

Choices is committed to responsibly handling the information and data we collect through the Website in compliance with our Privacy Policy. Please review the Privacy Policy so you are aware of how we collect and use your personal information. Our Privacy Policy is located at [Privacy Policy].

16. TERMINATION

Choices reserves the right to terminate your right and access to use the Website with or without reason. Additionally, your right to access and use the Website terminates automatically upon your material breach of the Terms.

Survival: The disclaimer of warranties, the limitation of liability, indemnity and the jurisdiction and applicable laws provisions will survive any termination.

17. MISCELLANEOUS TERMS

Choice of Law and Jurisdiction:

These Terms are governed by and construed according to the laws of India, the acceptance of the Terms shall be deemed to have been given at Mumbai, Maharashtra, India and the courts in Mumbai shall have exclusive jurisdiction to entertain any proceedings in any way relating to or concerning these Terms or any rights, duties, obligations or liabilities arising there under to the exclusion of all other courts in India.

No waiver:

Choices’ failure to insist on or enforce strict performance of any of the Terms shall not be construed as a waiver of any provision or right.

Severability:

If any part of these Terms is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions.

No agency relationship:

You agree that no joint venture, employment, or agency relationship exists between you and Choices as a result of these Terms or from your use of the Website.

Entire Agreement:

These Terms and the Privacy Policy constitute the entire agreement between you and Choices relating to this subject matter and supersede any and all prior communications and/or agreements between you and Choices relating to this subject matter.

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