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Terms & Conditions
OVERVIEW
This website is operated by Salunke
and Sons Agro Products Private Limited. Throughout the site, the terms
“we”, “us” and “our” refer to Salunke and Sons Agro Products Private Limited.
The brand Grainly is operated as a co-company/associated brand under
Salunke and Sons Agro Products Private Limited.
Salunke and Sons Agro Products
Private Limited, along with its co-company Grainly, offers this
website, including all information, tools and Services available from this site
to you, the user, conditioned upon your acceptance of all terms, conditions,
policies and notices stated here.
By visiting our site and/or
purchasing something from us, you engage in our “Service” and agree to be bound
by the following terms and conditions (“Terms of Service”, “Terms”), including
those additional terms and conditions and policies referenced herein and/or
available by hyperlink.
These Terms of Service apply
to all users of the site, including without limitation users who are browsers,
vendors, customers, merchants, and/or contributors of content.
Please read these Terms of
Service carefully before accessing or using our website. By accessing or using
any part of the site, you agree to be bound by these Terms of Service. If you
do not agree to all the terms and conditions of this agreement, then you may
not access the website or use any Services.
If these Terms of Service are
considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools
which are added to the current store shall also be subject to the Terms of
Service.
You can review the most
current version of the Terms of Service at any time on this page. We reserve
the right to update, change or replace any part of these Terms of Service by
posting updates and/or changes to our website. It is your responsibility to
check this page periodically for changes. Your continued use of or access to
the website following the posting of any changes constitutes acceptance of
those changes.
Our store is hosted on Shopify
Inc. They provide us with the online e-commerce platform that allows us to sell
our products and Services to you.
SECTION 1 - ONLINE STORE
TERMS
By agreeing to these Terms
of Service, you represent that you are at least the age of majority in your
state or province of residence, or that you are the age of majority in your
state or province of residence and you have given us your consent to allow any
of your minor dependents to use this site. You may not use our products for any
illegal or unauthorized purpose nor may you, in the use of the Service, violate
any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate
termination of your Services.
SECTION 2 -
GENERAL CONDITIONS
We reserve
the right to refuse Service to anyone for any reason at any time. You
understand that your content (not including credit card information), may be
transferred unencrypted and involve (a) transmissions over various networks;
and (b) changes to conform and adapt to technical requirements of connecting
networks or devices. Credit card information is always encrypted during
transfer over networks. You agree not to reproduce, duplicate, copy, sell,
resell or exploit any portion of the Service, use of the Service, or access to
the Service or any contact on the website through which the Service is
provided, without express written permission by us. The headings used in this
agreement are included for convenience only and will not limit or otherwise
affect these Terms.
SECTION 3 -
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not
responsible if information made available on this site is not accurate,
complete or current. The material on this site 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 more
timely sources of information. Any reliance on the material on this site is at
your own risk. This site may contain certain historical information. Historical
information, necessarily, is not current and is provided for your reference
only. We reserve the right to modify the contents of this site at any time, but
we have no obligation to update any information on our site. You agree that it
is your responsibility to monitor changes to our site.
SECTION 4 -
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for
our products are subject to change without notice. We reserve the right at any
time to modify or discontinue the Service (or any part or content thereof)
without notice at any time. We shall not be liable to you or to any third-party
for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 -
PRODUCTS OR SERVICES (if applicable)
Certain
products or Services may be available exclusively online through the website.
These products or Services may have limited quantities and are subject to
return or exchange only according to our Refund Policy: [LINK TO REFUND POLICY]
We have made every effort to display as accurately as possible the colors and
images of our products that appear at the store. We cannot guarantee that your
computer monitor's display of any colors will be accurate. We reserve the
right, but are not obligated, to limit the sales of our products or Services to
any person, geographic region or jurisdiction. We may exercise this right on a
case-by-case basis. We reserve the right to limit the quantities of any
products or Services that we offer. All descriptions of products or product
pricing are subject to change at any time without notice, at the sole discretion of us. We reserve
the right to discontinue any product at any time. Any offer for any product or
Service made on this site is void where prohibited. We do not warrant that the
quality of any products, Services, information, or other material purchased or
obtained by you will meet your expectations, or that any errors in the Service
will be corrected
SECTION 6 -
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve
the right to refuse any order you place with us. We may, in our sole
discretion, limit or cancel quantities purchased per person, per household or
per order. These restrictions may include orders placed by or under the same
customer account, the same credit card, and/or orders that use the same billing
and/or shipping address. In the event that we make a change to or cancel an
order, we may attempt to notify you by contacting the e‑mail and/or billing
address/phone number provided at the time the order was made. We reserve the
right to limit or prohibit orders that, in our sole judgment, appear to be
placed by dealers, resellers or distributors. You agree to provide current,
complete and accurate purchase and account information for all purchases made
at our store. You agree to promptly update your account and other information,
including your email address and credit card numbers and expiration dates, so
that we can complete your transactions and contact you as needed.
SECTION 7 -
OPTIONAL TOOLS
We may
provide you with access to third-party tools over which we neither monitor nor
have any control nor input. You acknowledge and agree that we provide access to
such tools” as is” and “as available” without any warranties, representations
or conditions of any kind and without any endorsement. We shall have no
liability whatsoever arising from or relating to your use of optional
third-party tools. Any use by you of the optional tools offered through the
site is entirely at your own risk and discretion and you should ensure that you
are familiar with and approve of the terms on which tools are provided by the
relevant third-party provider(s). We may also, in the future, offer new
Services and/or features through the website (including the release of new
tools and resources). Such new features and/or Services shall also be subject
to these Terms of Service.
SECTION 8 -
THIRD-PARTY LINKS
Certain
content, products and Services available via our Service may include materials
from third-parties. Third-party links on this site may direct you to
third-party websites that are not affiliated with us. We are not responsible
for examining or evaluating the content or accuracy and we do 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.
We are 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. Please review carefully the
third-party's policies and practices and make sure you understand them before
you engage in any transaction. Complaints, claims, concerns, or questions
regarding third-party products should be directed to the third-party.
SECTION 9 -
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our
request, you send certain specific submissions (for example contest entries) or
without a request from us, you send creative ideas, suggestions, proposals,
plans, or other materials, whether online, by email, by postal mail, or
otherwise (collectively, 'comments'), you agree that we may, at any time, without
restriction, edit, copy, publish, distribute, translate and otherwise use in
any medium any comments that you forward to us. We are and shall be under no
obligation (1) to maintain any comments in confidence; (2) to pay compensation
for any comments; or (3) to respond to any comments. We may, but have no
obligation to, monitor, edit or remove content that we determine in our sole
discretion to be unlawful, offensive, threatening, libelous, defamatory,
pornographic, obscene or otherwise objectionable or violates any party’s
intellectual property or these Terms of Service. You agree that your comments
will not violate any right of any third-party, including copyright, trademark,
privacy, personality or other personal or proprietary right. You further agree
that your comments will not contain libelous or otherwise unlawful, abusive or
obscene material, or contain any computer virus or other malware that could in
any way affect the operation of the Service or any related website. You may not
use a false e‑mail address, pretend to be someone other than yourself, or
otherwise mislead us or third-parties as to the origin of any comments. You are
solely responsible for any comments you make and their accuracy. We take no
responsibility and assume no liability for any comments posted by you or any
third-party.
SECTION 10
- ERRORS, INACCURACIES AND OMISSIONS
Occasionally
there may be information on our site or in the Service that contains
typographical errors, inaccuracies or omissions that may relate to product
descriptions, pricing, promotions, offers, product shipping charges, transit
times and availability. We reserve the right to correct any errors,
inaccuracies or omissions, and to change or update information or cancel orders
if any information in the Service or on any related website is inaccurate at
any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the
Service or on any related website, including without limitation, pricing information,
except as required by law. No specified update or refresh date applied in the
Service or on any related website, should be taken to indicate that all
information in the Service or on any related website has been modified or
updated.
SECTION 11
- PROHIBITED USES
In addition
to other prohibitions as set forth in the Terms of Service, you are prohibited
from using the site or its content: (a) for any unlawful purpose; (b) to
solicit others to perform or participate in any unlawful acts; (c) to violate
any international, federal, provincial or state regulations, rules, laws, or
local ordinances; (d) to infringe upon or violate our intellectual property
rights or the intellectual property rights of others; (e) to harass, abuse,
insult, harm, defame, slander, disparage, intimidate, or discriminate based on
gender, sexual orientation, religion, ethnicity, race, age, national origin, or
disability; (f) to submit false or misleading information; (g) to upload or
transmit viruses or any other type of malicious code that will or may be used
in any way that will affect the functionality or operation of the Service or of
any related website, other websites, or the Internet; (h) to collect or track
the personal information of others; (i) to spam, phish, pharm, pretext, spider,
crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere
with or circumvent the security features of the Service or any related website,
other websites, or the Internet. We reserve the right to terminate your use of
the Service or any related website for violating any of the prohibited uses.
SECTION 12
- DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not
guarantee, represent or warrant that your use of our Service will be
uninterrupted, timely, secure or error-free. We do not warrant that the results
that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite
periods of time or cancel the Service at any time, without notice to You
expressly agree that your use of, or inability to use, the Service is at your
sole risk. The Service and all products and Services delivered to you through
the Service are (except as expressly stated by us) provided 'as is' and 'as
available' for your use, without any representation, warranties or conditions
of any kind, either express or implied, including all implied warranties or
conditions of merchantability, merchantable quality, fitness for a particular
purpose, durability, title, and non-infringement. In no case shall Grainly - Go
Organic, Grow Organic, our directors, officers, employees, affiliates, agents,
contractors, interns, suppliers, Service providers or licensors be liable for
any injury, loss, claim, or any direct, indirect, incidental, punitive,
special, or consequential damages of any kind, including, without limitation
lost profits, lost revenue, lost savings, loss of data, replacement costs, or
any similar damages, whether based in contract, tort (including negligence),
strict liability or otherwise, arising from your use of any of the Service or
any products procured using the Service, or for any other claim related in any
way to your use of the Service or any product, 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 Service or any content (or product)
posted, transmitted, or otherwise made available via the Service, even if
advised of their possibility. Because some states or jurisdictions do not allow
the exclusion or the limitation of liability for consequential or incidental
damages, in such states or jurisdictions, our liability shall be limited to the
maximum extent permitted by law.
SECTION 13
- INDEMNIFICATION
You agree
to indemnify, defend and hold harmless Grainly - Go Organic, Grow Organic and
our parent, subsidiaries, affiliates, partners, officers, directors, agents,
contractors, licensors, Service providers, subcontractors, suppliers, interns
and employees, harmless from any claim or demand, including reasonable
attorneys’ fees, made by any third-party due to or arising out of your breach
of these Terms of Service or the documents they incorporate by reference, or
your violation of any law or the rights of a third-party.
SECTION 14
– SEVERABILITY
In the
event that any provision of these Terms of Service is determined to be
unlawful, void or unenforceable, such provision shall nonetheless be
enforceable to the fullest extent permitted by applicable law, and the
unenforceable portion shall be deemed to be severed from these Terms of
Service, such determination shall not affect the validity and enforceability of
any other remaining provisions.
SECTION 15
– TERMINATION
The
obligations and liabilities of the parties incurred prior to the termination
date shall survive the termination of this agreement for all purposes. These
Terms of Service are effective unless and until terminated by either you or us.
You may terminate these Terms of Service at any time by notifying us that you
no longer wish to use our Services, or when you cease using our site. If in our
sole judgment you fail, or we suspect that you have failed, to comply with any
term or provision of these Terms of Service, we also may terminate this
agreement at any time without notice and you will remain liable for all amounts
due up to and including the date of termination; and/or accordingly may deny
you access to our Services (or any part thereof).
SECTION 16
- ENTIRE AGREEMENT
The failure
of us to exercise or enforce any right or provision of these Terms of Service
shall not constitute a waiver of such right or provision. These Terms of
Service and any policies or operating rules posted by us on this site or in respect to the
Service constitutes the entire agreement and understanding between you and us
and governs your use of the Service, superseding any prior or contemporaneous
agreements, communications and proposals, whether oral or written, between you
and us (including, but not limited to, any prior versions of the Terms of
Service).
Any
ambiguities in the interpretation of these Terms of Service shall not be
construed against the drafting party.
SECTION 17-
GOVERNING LAW
These Terms
of Service and any separate agreements whereby we provide you Services shall be
governed by and construed in accordance with the laws of India.
SECTION 18
- CHANGES TO TERMS OF SERVICE
You can
review the most current version of the Terms of Service at any time at this
page. We reserve the right, at our sole discretion, to update, change or
replace any part of these Terms of Service by posting updates and changes to
our website. It is your responsibility to check our website periodically for
changes. Your continued use of or access to our website or the Service
following the posting of any changes to these Terms of Service constitutes
acceptance of those changes.
