Terms & Conditions – AgriBid
Procol Tech Private Limited is a private limited company incorporated under the provisions of Companies Act, 2013 having its registered office at D-644, 1st floor, Saraswati Vihar, Pitampura, New Delhi -110034. The Platform is a mobile based application or the portal provided by Procol that allows vendors to promote and sell its products to the buyer/users of the Platform, and the Platform and Procol acts a facilitator or the marketplace only and is not a party to any agreements that may be entered into between the customers/users and vendors. For the purpose of these Terms & Conditions, wherever the context so requires, “you” shall mean any natural or legal person who has agreed to become a vendor (“Vendor”) or customer (“Customer”) or user on the Platform by providing data while registering on the Platform as a registered user (“User”), using any computer systems. The terms “Procol”, “AgriBid”, “Platform” “App”, “we”, “us” or “our” shall mean Procol Tech Private Limited.
To access and avail the services please read the Terms & Conditions carefully. While using any current or future services offered by Procol and/or any of its affiliates, whether or not included in the Platform, you will abide by these Terms & Conditions, the guidelines and conditions applicable to such service or business. If you do not agree to these Terms & Conditions, you may not use the services on the Platform, and we request you to uninstall the Platform.
Procol reserves the right to make changes or modify the Platform, policies, and these Terms & Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and will not affect the validity and enforceability of any remaining conditions. Your continued usage of the services after any change is posted on the Platform, constitutes your acceptance of the amended Terms & Conditions and other Procol policies. These Terms & Conditions are binding for all purchases.
When you visit the Platform or send e-mails to us, you are communicating with us electronically. By communicating with us, you consent to receive communication from us electronically. We will communicate with you by e-mail or by posting notices on our Platform. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
a non-exclusive, worldwide, perpetual, irrevocable, fully paid-up, royalty-free license, with the right to sublicense through multiple levels of sublicenses, under your intellectual property rights, to make, use, have made, sell, offer to sell, copy, reproduce, distribute, publicly perform, publicly display, digitally transmit, modify, create derivative works of, import, and otherwise exploit, any suggestions or feedback you provide to us that result in modifications, improvements or enhancements to the Platform.
a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into the Platform any suggestions, enhancement requests, recommendations or other feedback provided by you relating to the operation of the Platform.
You agree, undertake and confirm that your use of Platform shall be strictly governed by the following binding principles:
You shall not host, display, upload, download, modify, publish, transmit, update or share any information which:
belongs to another person and which you do not have any right to;
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, 1986;
is misleading or misrepresentative in any way;
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 person;
involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
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, or providing pirated music or links to pirated music files;
contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
contains video, photographs, or images of another person (with a minor or an adult);
tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of products related to the Platform. Throughout these Terms & Conditions, Procol’s prior written consent means a communication coming from Procol’s Legal Department, specifically in response to your request, and expressly addressing and allowing the activity or conduct for which you seek authorization;
solicits gambling or engages in any gambling activity which is or could be construed as being illegal;
interferes with another user’s use and enjoyment of the Platform or any third party’s user and enjoyment of similar services;
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 letter or spirit of these Terms & Conditions;
harm minors in any way;
infringes any patent, trademark, copyright or other intellectual property rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
violates any law for the time being in force;
deceives or misleads the addressee/users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
impersonate another person;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any criminal offence or prevents investigation of any offence or is insulting any other nation;
is false, inaccurate or misleading;
directly or indirectly, offers, attempts to offer, trades or attempts to trade in any item, the 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 force; or
creates liability for us or causes us to lose (in whole or in part) the services of our internet service provider or other suppliers.
You shall not use any “deep-link”, “page-scrape”, “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 Platform or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve our right to prohibit any such activity.
You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, “password mining” or any other illegitimate means.
You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Platform, or any other Customer, including any account on the Platform not owned by you, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Platform.
You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us including the name ‘Procol’ and ‘AgriBid, or otherwise engage in any conduct or action that might tarnish the image or reputation, of Procol or the Vendor on platform or otherwise tarnish or dilute any Procol’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or Procol’s systems or networks, or any systems or networks connected to Procol.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Platform or any service offered on or through the Platform. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Platform or any content on the Platform for any purpose that is unlawful or prohibited by these Terms & Conditions, or to solicit the performance of any illegal activity or other activity that infringes the rights of Procol and/or others.
You shall at all times ensure full compliance with the applicable provisions, as amended from time to time, of (a) the Information Technology Act, 2000 and the rules thereunder; (b) all applicable domestic laws, rules and regulations (including the provisions of any applicable exchange control laws or regulations in force); and (c) international laws, foreign exchange laws, statutes, ordinances and regulations (including, but not limited to sales tax/VAT, income tax, octroi, service tax, central excise, custom duty, local levies) regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
From time to time, you shall be responsible for providing information relating to the products or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or overemphasize the attributes of such products or services so as to mislead other users in any manner.
You shall not engage in advertising to, or solicitation of, other users of the Platform to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Platform or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other users via the Platform. It shall be a violation of these Terms & Conditions to use any information obtained from the Platform in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than us without our prior explicit consent. In order to protect our users from such advertising or solicitation, we reserve the right to restrict the number of messages or emails which a user may send to other users in any 24-hour period which we deem appropriate in its sole discretion. You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Platform) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
We reserve the right, but has no obligation, to monitor the materials posted on the Platform. Procol shall have 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 or letter of these Terms & Conditions. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE PLATFORM AND IN YOUR PRIVATE MESSAGES. Please be advised that such content posted does not necessarily reflect Procol views. In no event shall Procol assume or have 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 the Platform. You hereby represent and warrant that you have all necessary rights in and to all content which you provide and all information it contains and that such content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Platform, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Platform.
It is possible that other users (including unauthorized users or ‘hackers’) may post or transmit offensive or obscene materials on the Platform and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Platform, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the Platform, you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Platform. Please carefully select the type of information that you publicly disclose or share with others on the Platform.
Procol shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services), hacking, pen testing attempts without our prior consent or a mutual legal agreement.
Procol’s failure to enforce any right or failure to act with respect to any breach by User under the Terms & Conditions will not constitute a waiver of that right nor a waiver of Procol’s right to act with respect to subsequent or similar breaches.
Procol shall have the right to assign the Terms & Conditions (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms & Conditions to any person or entity (including any affiliates of Procol). User may not assign, in whole or part, the Terms & Conditions to any person or entity.
The Terms & Conditions shall be governed by the laws of India and the parties to the Terms & Conditions agree to submit to the exclusive jurisdiction of the courts of New Delhi, India.
The content on the Platform is for informational purposes only. Procol disclaims any liability for any information that may have become outdated since the last time the particular piece of information was updated. Procol reserves the right to make changes and corrections to any part of the content on the Platform at any time without prior notice. Procol does not guarantee quality of the Goods, the prices listed in Platform or the availability of products posted on the Platform. Unless stated otherwise, all pictures and information contained on the Platform are believed to be owned by or licensed to Procol. Please email a takedown request to the webmaster if you are the copyright owner of any content on the Platform and you think the use of the above material violates your copyright in any way. Please indicate the exact URL of the webpage in your request. All images shown here have been digitized by Procol. No other party is authorized to reproduce or republish these digital versions in any format whatsoever without the prior written permission of Procol.
Any certification, licenses or permits (“Certification”) or information in regard to such Certification that may be displayed on the Vendor's listing page on the Platform is for informational purposes only. Such Certification is displayed by Procol on an 'as available' basis that is provided to Procol by the Vendor. Procol does not make any warranties about the validity, authenticity, reliability and accuracy of such Certification or any information displayed in this regard. Any reliance by a user upon the Certification or information thereto shall be strictly at such user's own risk and Procol in no manner shall assume any liability whatsoever for any losses or damages in connection with the use of this information or for any inaccuracy, invalidity or discrepancy in the Certification or non-compliance of any applicable local laws or regulations by the Vendor.
Procol reserves the right to charge subscription and/or membership fees from a user, by giving reasonable prior notice, in respect of any product, service or any other aspect of AgriBid Platform anytime in future.
Procol reserves the right to terminate / suspend the User's account and/or credits / points earned and/or participation of the User in any program if Procol determines in its sole discretion that the User has violated the rules of the Platform and/or has been involved in activities that are in contravention of the Platform terms and/or has engaged in activities which are fraudulent / unlawful in nature. Furthermore, Procol reserves the right to modify, cancel and discontinue its any program or facilities without notice to the User.
A set of User ID and OTP (One Time Password) / password is unique to a single account created on the Platform. You shall be solely responsible for maintaining the confidentiality and security of your user ID and password and for all activities that occur under User’s account. You agree that all activities that occur under your account (including without limitation, posting any company or product information, clicking to accept any Terms & Conditions or rules, subscribing to or making any payment for any services, sending emails using the Platform or other communications) will be deemed to have been authorized by you.
You may also be able to register to use the Platform by logging into your account with your credentials from certain third-party sites (e.g., Google). You confirm that you are the owner of any such account and that you are entitled to disclose your login information to us. You authorize us to collect your authentication information, and other information that may be available on or through your account consistent with your applicable settings and instructions.
In creating an account, you represent to us that all information provided to us in such process is true, accurate and correct, and that you will update your information as and when necessary in order to keep it accurate. If you are creating an account, then you represent to us that you are the owner or authorized agent of such business. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, create multiple accounts except as otherwise authorized by us, or provide or use false information that you are not legally entitled to claim. You acknowledge that any false claiming of a business may cause Procol or third parties to incur substantial economic damages and losses for which you may be held liable and accountable.
You are also responsible for all activities that occur in your account. You agree to notify us immediately of any unauthorized use of your account in order to enable us to take necessary corrective action. You also agree that you will not allow any third party to use your AgriBid account for any purpose and that you will be liable for such unauthorized access.
By creating an account, you agree to receive certain communications in connection with Procol Platform. For example, you might receive comments from other Users or other users may follow the activity to do on your account. You can opt-out or manage your preferences regarding non-essential communications through account settings.
You agree to use the Services only for purposes that are permitted by (a) the Terms & Conditions and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
You agree to not to use the data owned by Procol (as available on the Platform or through any other means like website, API etc.) for any commercial use unless agreed to by/with Procol in writing.
You agree not to access (or attempt to access) any of the services of the Platform by any means other than the interface that is provided by Procol, unless you have been specifically allowed to do so, by way of a separate agreement with Procol. You specifically agree not to access (or attempt to access) any part of the Platform through any automated means (including use of scripts or web crawlers).
You agree that you will not engage in any activity that interferes with or disrupts the Platform (or the servers and networks which are connected to the Platform). You shall not delete or revise any material or information posted by any other User(s), shall not engage in spamming, including but not limited to any form of emailing, posting or messaging that is unsolicited.
All payments for use and license of the Platform must be received by us prior to using the Platform for sale or purchase of goods. We accept payment by net-banking, credit card, debit card, cash card and mobile payments.
The Platform allows you to place and receive orders for sale or purchase of goods, subject to the Terms & Conditions set out herein. Procol neither represents the Customer nor the Vendor in the specific transactions between them.
Procol does not own, sell, resell on its own and/or does not control the Vendor or the related services provided in connection thereof. You understand that any order that you place shall be subject to the Terms & Conditions including, but not limited to, product availability.
Procol is not liable responsible for quality, safety, lawfulness or availability of the products or services offered for on the Platform or the ability of the Vendors to complete a sale or the ability of Customers to complete a purchase.
The final tax bill and/or Invoice will be issued by the Vendor to the Customer along with the order and Procol shall have no role to play in this transaction, other than the role of the facilitator or a marketplace. All applicable taxes and levies, the rates thereof and the manner of applicability of such taxes on the bill are being charged and determined by the Vendor. Procol holds no responsibility for the legal correctness/validity of the levy of such taxes. The sole responsibility for any legal issue arising on the taxes shall reside with the Vendor.
The prices reflected on the Platform are determined solely by the Vendor and are listed based on Vendor’s information. Very rarely, prices may change at the time of placing order due to Vendor changing the listed price without due intimation and such change of price are at the sole discretion of the Vendor attributing to various factors beyond control.
Disclaimer: Prices on any product(s) as is reflected on the Platform may due to some technical issue, typographical error or product information supplied by Vendor be incorrectly reflected and in such an event Vendor may cancel such your order(s).
The Vendor shall be solely responsible for any warrantee/guarantee of the products sold to the Customers and in no event shall be the responsibility of Procol.
The transaction is bilateral between the Vendor and Customer and therefore, Procol is not liable to charge or deposit any taxes applicable on such transaction.
We do not endorse any Vendor. In addition, although these Terms & Conditions require you to provide accurate information, we do not attempt to confirm, and do not confirm if it is purported identity. We will not be responsible for any damage or harm resulting from your interactions with other Users.
By using the Platform, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or other third parties will be limited to a claim against the particular User or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from us with respect to such actions or omissions.
LIMITATION OF LIABILITY
Notwithstanding anything, Procol shall not have any liability to the other party or to any third party for any lost profits or revenues or for any indirect, special, incidental, consequential, cover or punitive damages however caused, whether in contract, tort or under any other theory of liability, and whether or not the party has been advised of the possibility of such damages. The foregoing disclaimer shall not apply to the extent prohibited by applicable law.
Procol’s liability for any information/data or monetary losses which is direct, indirect, incidental, punitive, and consequential damages, arising out of or in connection to any agreement signed by Procol shall be limited as set out under in that agreement. IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN PROCOL’S TERMS & CONDITIONS AND SALE, IN NO EVENT WILL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO PROCOL OR AGRIBID. OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE LAST MEMBERSHIP OR LICENSE FEE YOU PAID. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR LICENSE TO ACCESS TO THE PLATFORM.
Procol is not responsible for any delay or incorrect collection of data from the Users and other acts caused to the details/information of the account of the Users or the any other person from the Platform due to activities of hacking/virus/trojan etc. or any other events of force majeure, acts of God / Nature etc. which are considered as beyond the direct control of Procol.
We are either the owner of intellectual property rights or have the non-exclusive, worldwide, perpetual, irrevocable, royalty free, sub-licensable (through multiple tiers) right to exercise the intellectual property, in the Platform, and in the material published on it.
You may print off one copy, and may download extracts, of any page(s) from the Platform for your personal reference and you may draw the attention of others within your organisation to material available on the Platform.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
You must not use any part of the materials on the Platform for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of the Platform in breach of these Terms & Conditions, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Procol is not liable or responsible for failure or delay in the performance of any of these Terms & Conditions and/or the individual contracts, if such failure or delay is due to any reason beyond the reasonable control, including, but not limited to, an act of God, acts of public enemy, war (whether declared or not), rebellion, internet hacking, internet outage, Telecom service provider issues, power outage, server issues and riots (collectively “Force Majeure”).
THIRD PARTY LINKS
The Platform may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our Users. Such Linked Sites are not under Procol’s control, and Procol is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
You release and fully indemnify Procol and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Platform and specifically waive any claims that you may have in this behalf under any applicable laws of India. Notwithstanding its reasonable efforts in that behalf, Procol cannot take responsibility or control the information provided by other Users which is made available on the Platform. You may find other User’s information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Platform.
All legal notices or demands to or upon Procol shall be made in writing and sent to Procol personally, by courier, certified mail, or facsimile to the following entity and address:
Procol Tech Private Limited
D-644, 1st floor, Saraswati Vihar,
Pitampura, New Delhi -110034
Attn: Legal Department
The notices shall be effective when they are received by Procol in any of the above-mentioned manner.
Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Platform.
In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Procol Tech Private Limited
Reg Office: D-644, 1st floor, Saraswati Vihar,
Pitampura, New Delhi -110034
Phone: +91 – 7982670865
Time: [Mon - Fri (9:00 - 18:00)]