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Fertilisers उर्वरक Pesticides कीटनाशक बीज Plant growth promoters पौध विकास प्रोत्साहक
1. General

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

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

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

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

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

 

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

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

2. Introduction

2.1. SuperKisan is a company incorporated under the laws of India, with its registered office at D-9, Ground Floor, Jangpura Extension, New Delhi-110014, India. SuperKisan is an intermediary in the form of an online marketplace and is limited to managing the Website/App to enable third party seller to exhibit, advertise, display, make available and offer to sell the products and to enable its Users to purchase the products so offered (“Products”), and other incidental Services thereto (“Services”) including use of the Website/App by any User.

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

2.3. If there is any conflict:

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

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

3. Eligibility to Use the Website/App

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

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

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

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

4. User Account, Password, and Security

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

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

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

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

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

5. Payments related Information

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

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

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

6. User Obligations and Role Of SuperKisan

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

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

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

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

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

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

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

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

 

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

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

c) harms minors in any way;

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

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

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

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

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

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

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

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

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

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

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

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

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

q) violate the terms of these Terms of Use.

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

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

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

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

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

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

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

7. Use of Content

7.1. Except as expressly indicated to the contrary in any applicable Additional Service Terms, SuperKisan hereby grants You a non-exclusive, revocable and non-transferable right to view, download and print product catalogues available on the Website/App, subject to the following conditions:

You may access and use the product catalogues solely for personal, informational, and internal purposes, in accordance with these Terms of Use;

b) You may not modify or alter product catalogues available on the Website/App;

c) You may not distribute or sell, rent, lease, license or otherwise make the product catalogues available on the Website/App available to others; and

d) You may not remove any text, copyright or other proprietary notices contained in the product catalogues available on the Website/App.

7.2. The rights granted to You in the product catalogues or any other materials as specified above are not applicable to the design, layout or look and feel of the Website/App. Such elements of the Website/App are protected by intellectual property rights and may not be copied or imitated in whole or in part.

7.3. Any software that is available on the Website/App is the property of SuperKisan or its vendors. You may not use, download or install any software available at the Website/App, unless otherwise expressly permitted by the Agreement or by the express written permission of SuperKisan.

8. Intellectual Property Rights

8.1. The Website/App and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the “Content”) on the Website/App is owned and controlled by SuperKisan or its licensors and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights. Through Your use of the Website/App, by no means are any rights impliedly or expressly granted to You in respect of such Content. SuperKisan reserves the right to change or modify the Content from time to time at its sole discretion.

8.2. The trademarks, logos and service marks displayed on the Website/App (“Marks”) are the property of SuperKisan or their vendors/seller or respective third parties. You are not permitted to use the Marks without the prior consent of SuperKisan, the vendor/seller or the third party that may own the Marks.

8.3. Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from SuperKisan or thirty party owner of such Content.

9. Third Party Content

9.1. General third party information such as, product catalogues, product description and specifications, lists of dealers, reports on news, entertainment, technology and features, advertisements including videos, images and photographs of the products, links to third party websites and other data from external sources is made available on the Website/App (“Third Party Content”). The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to You is obtained from sources believed to be reliable or provided by the Sellers in the process of advertising, exhibiting and offering to sell the Products on the Website/App. All Third Party Content is provided on an ‘As Is’ basis. SuperKisan may not own / have the rights and title to any such Third Party Content, or provide any guarantee with respect to the accuracy, title, merchantability, non-infringement or fitness for a particular purpose of any Third Party Content. SuperKisan shall not be held liable for any loss suffered by You based on Your reliance on or use of such Third Party Content.

9.2. In the event any Third Party Content contains links to third party websites, and You visit any such external link, You agree to do so at your own risk, responsibility and liability. SuperKisan makes no warranty or representation regarding, and does not endorse, any website linked to the Website/App / Services or the information appearing thereon or any of the products or services described thereon.

10. Disclaimer of Warranties & Liability

10.1. The Website/App, Services, Content, User Content and any Third Party Content are provided by SuperKisan on an “as is” basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, SuperKisan makes no warranty that:

a) the Website/App or the Services will meet your requirements or your use of the Website/App or the Services will be uninterrupted, timely, secure or error-free;

b) the results that may be obtained from the use of the Website/App or services will be effective, accurate or reliable;

c) the quality of the Website/App or Services will meet your expectations; or that

d) any errors or defects in the Website/App or services will be corrected. No advice or information, whether oral or written, obtained by you from SuperKisan or through the Website/App content or from use of the Services shall create any warranty not expressly stated in these terms of use.

10.2. To the maximum extent permitted by applicable law, SuperKisan will have no liability related to user content and / or Third Party Content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. SuperKisan also disclaims all liability with respect to the misuse, loss, modification or unavailability of any User Content and / or Third Party Content.

10.3. You expressly understand and agree that, to the maximum extent permitted by applicable law SuperKisan will not be liable for any loss that you may incur as a consequence of unauthorized use of your Account or Account Information in connection with the Website/App or any Services, either with or without your knowledge.

10.4. SuperKisan has endeavored to ensure that all the information on the Website/App is correct, but SuperKisan neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. SuperKisan shall not be responsible for the delay or inability to use the Website/App or related functionalities, the provision of or failure to provide functionalities, or for any information, software, products, functionalities and related graphics obtained through the website, or otherwise arising out of the use of the Website/App, whether based on contract, tort, negligence, strict liability or otherwise. Further, SuperKisan shall not be held responsible for non-availability of the Website/App during periodic maintenance operations or any unplanned suspension of access to the Website/App that may occur due to technical reasons or for any reason beyond SuperKisan’s control. The User understands and agrees that any material or data downloaded or otherwise obtained through the Website/App is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. SuperKisan is not responsible for any typographical error leading to an invalid coupon. SuperKisan accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.

10.5. In the event You have purchased / downloaded the Website/App from any online application stores, whether provided by Apple, Inc., Google, Inc. or Blackberry Limited (or their respective affiliates) (collectively referred to as “Store Providers”), and there occurs any failure of the Website/App and / or Services, You may follow the process recommended by the Store Provider under the terms of the contract applicable between You and such Store Provider. The Store Providers shall not be liable for any (i) warranty obligations of SuperKisan and related claims, losses, liabilities, damages, costs or expenses; (ii) product liability / consumer protection claims, and claims related to the Website/App's non-conformity with any applicable laws; and (iii) any third party claims of infringement of intellectual property rights by the Website/App / SuperKisan.

11.Indemnification and Limitation of Liability

11.1. You agree to indemnify, defend and hold harmless SuperKisan, its subsidiaries, affiliates, vendors, agents and their respective directors, officers, employees, contractors and agents (herein after individually and collectively referred to as “indemnified parties”) from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemnified parties that arise out of, result from, or in connection with (i) Your breach of the Terms of Use; or (ii) any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website/App; or (iii) any claim that any Third Party Content / content, information or materials provided by You caused damage to a third party; or (iv) Your violation of any rights of another, including any intellectual property rights.

11.2. SuperKisan may notify You of any claims which You shall be liable to indemnify SuperKisan against. You will then be required to consult with SuperKisan regarding the course of action to be undertaken in defending such a claim. Further, You shall not compromise or settle any claim or admit any liability or wrongdoing on the part of SuperKisan without the express prior written consent of SuperKisan which can be withheld or denied or conditioned by SuperKisan in its sole discretion.

11.3. Notwithstanding anything to contrary in the Agreement(s), SuperKisan's entire and aggregate liability to You under and in relation to these Terms of Use or otherwise shall not exceed the greater of Indian Rupees One Hundred (INR 100) or the amount of fees, if any, paid by You to SuperKisan under the relevant order to which the cause of action for the liability relates.

11.4. Notwithstanding anything to contrary in the Agreement(s), in no event shall SuperKisan, its subsidiaries or affiliates and their respective officers, directors, employees, partners or suppliers be liable to You for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not SuperKisan has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website/App, Services or Content.

12.Terms

12.1. The Agreement will continue to apply until terminated by either You or SuperKisan as set forth below. If You want to terminate Your agreement with SuperKisan, You may do so by (i) not accessing the Website/App; or (ii) closing Your Account for all of the Services that You use, where SuperKisan has made this option available to You.

12.2. You agree that SuperKisan may, in its sole discretion and without prior notice, terminate Your access to the Website/App and block Your future access to the Website/App if SuperKisan determines that You have violated the terms of these Terms of Use. You also agree that any violation by You of these Terms of Use will cause irreparable harm to SuperKisan, for which monetary damages may be inadequate, and You consent to SuperKisan obtaining any injunctive or equitable relief that SuperKisan may deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies SuperKisan may have at law or in equity.

12.3. In addition to Clause 12.2 above, SuperKisan may, at any time, with or without notice, terminate these Terms of Use (or portion thereof) with You if:

a) SuperKisan is required to do so by law (for example, where the provision of the Services to You is, or becomes, unlawful), or upon request by any law enforcement or other government agencies;

b) the provision of the Services to You by SuperKisan is, in SuperKisan's opinion, no longer commercially viable;

c) SuperKisan has elected to discontinue, with or without reason, access to the Website/App, the Services (or any part thereof); or

d) in the event SuperKisan faces any unexpected technical issues or problems that prevents the Website/App and / or Services from working.

12.4. SuperKisan may also terminate or suspend all or any portion of Your Account or access to the Services with or without reason. Termination of Your Account may include: (i) removal of access to all offerings within the Website/App or with respect to the Services; (ii) disabling access to the Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Account (or any part thereof), and any User Content uploaded by You; and (iii) prohibiting further use of the Services.

12.5. You agree that all terminations shall be made in SuperKisan's sole discretion and that SuperKisan shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the Website/App and Services.

12.6. Notwithstanding the foregoing, such terms of this Agreement as are meant to survive termination / expiry of this Agreement, will survive indefinitely unless and until SuperKisan chooses to terminate them. SuperKisan may inform the sellers who have accepted Your purchase orders on the Website/App, that this Agreement is terminated, and upon such information sellers may cancel the purchase order. SuperKisan may also cancel all Your non-fulfilled orders on the Website/App without any obligation or liability towards You.

 13.Governing Law and Jurisdiction

13.1. These Terms of Use and all transactions entered into on or through the Website/App and the relationship between You and SuperKisan shall be governed in accordance with the laws of India without reference to conflict of laws principles.

13.2. You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website/App, these Terms of Use, the Agreement(s) or any transactions entered into on or through the Website/App or the relationship between You and SuperKisan shall be subject to the exclusive jurisdiction of the courts at New Delhi, India and You hereby accede to and accept the jurisdiction of such courts.
14.Communications

When You use the Website/App or send emails or other data, information or communication to SuperKisan, You agree and understand that You are communicating with SuperKisan through electronic records and You consent to receive communications via electronic records from SuperKisan periodically and as and when required. SuperKisan will communicate with You by email or by notices on Website/App or electronic records on the Website/App or on Your mobile number which will be deemed adequate service of notice / electronic record to the maximum extent permitted under any applicable law,

 15.General Provisions

15.1. Notice: All notices with respect to these Terms of Use from SuperKisan will be served to You by email or by general notification on the Website/App. Any notice provided to SuperKisan pursuant to these Terms of Use should be sent to Grievance Officer at Ajay Purohit.

15.2. Assignment: You cannot assign or otherwise transfer the Agreements, or any rights granted hereunder or any obligations, to any third party and any such assignment or transfer or purported assignment or transfer shall be void ab initio. SuperKisan's rights and/or obligations under the Agreement are freely assignable or otherwise transferable by SuperKisan to any third parties without the requirement of seeking Your prior consent. SuperKisan may inform You of such assignment or transfer in accordance with the notice requirements under the Agreement. SuperKisan shall have right to transfer Your Account and Account Information to a third party who purchases SuperKisan's business as conducted under the Website/App.

15.3. Severability: If, for any reason, a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Agreement shall continue in full force and effect. SuperKisan may amend in a reasonable manner such provision to make it enforceable and such amendment will be given effect in accordance with the amendment terms of these Terms of Use.

15.4. Waiver: Any failure or delay by a party to enforce or exercise any provision of the Agreement, or any related right, shall not constitute a waiver by such party of that provision or right. The exercise of one or more of a party's rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to such party under these Terms of Use or in law or at equity. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.

15.5. Principal to Principal Relationship: You and SuperKisan are independent contractors, and nothing in these Terms of Use will be construed to create a partnership, joint venture, association of persons, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between You and SuperKisan. As an abundant caution, it is clarified that SuperKisan shall not have any right to conclude any contract for sale or purchase of Products for and / or on Your behalf and both You and SuperKisan have entered this agreement on principal to principal basis.

15.6. Force Majeure: If performance of any Service or obligation under these Terms of Use or other Agreement by SuperKisan is, or other third parties in fulfilment of any purchase or sale transaction (for eg: logistics service provider, fulfilment centre, payment gateways etc.) are, prevented, restricted, delayed or interfered with by reason of labour disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of SuperKisan or its third parties performing such services as sub-contractor to SuperKisan and could not have been prevented by reasonable precautions (each, a “Force Majeure Event”), then SuperKisan shall be excused from such performance to the extent of and during the period of such Force Majeure Event. SuperKisan shall exercise all reasonable commercial efforts to continue to perform its obligations hereunder.

15.7. Grievance Officer: In compliance with Information Technology Act, 2000 and the rules made thereunder, the Grievance Officer of SuperKisan for the purpose of this Agreement shall be Mr. Ajay Purohit with email address: ajay.purohit@superkisan.in. SuperKisan may change the aforesaid details from time to time under intimation to You.