Awadh Mango Growers Association(The “Company”) is the licensed owner of the brand lucknowfarmersmarket.com. The domain name www.lucknowfarmersmarket.com (“Marketplace”) is owned by the Company. Awadh Mango Growers Association is company incorporated under Companies Act, 2013having its registered office at 11 Habibullah Estate Hazratganj, Lucknow 226001, UttarPradesh. Please feel free to reach out to us for any query:firstname.lastname@example.org
Acceptance of Terms
The terms ‘visitors’, ‘users’, ‘you’ hereunder in this document refer to person visiting, accessing, browsing through and/or on this Marketplace at any time.
This Marketplace is platform where consumers can transact with third party sellers, who have been authorised to display and sell their products through this website. For clarity, the Company does not provide any services to the consumer except providing this platform to transact with third party sellers. The Company has no control, involvement or influence over the products bought by you from the third party seller, therefore, any risk, warranty, and cost associated with the product offered on this Marketplace will not incur any liability on the Company. Services on the Marketplace are available at selected location in India, and are subject to restrictions based on business hours and days of the third party sellers. Transaction through Marketplace may be subject to minimum order value. Any delay in delivery of product will be the sole responsibility of the third party sellers and users will be informed about the delivery charges at the stage of check-out transaction through the Marketplace.
The Company has the sole discretion and reserves the right to terminate the account of any user if it is found that he is using this platform for some illegal or immoral purposes or against the interests of the company.
Licenses and Site Access
The Company grants you a limited sub-license to access and make personal use of this Marketplace and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of The Company. This license does not include any resale or commercial use of this Marketplace or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Marketplace or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Marketplace or any portion of this Marketplace may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Marketplace or of The Company without express written consent. You may not use any meta tags or any other "hidden text" utilizing the Marketplace’s or The Company’s name or trademarks without the express written consent of The Company. Any unauthorized use terminates the permission or license granted by The Company.
Account and Registration Obligation
Orders on this Marketplace can be placed only if you create a profile on this Marketplace. You must keep your account and registration details current and correct for all communications related to your purchases from the Marketplace. By agreeing to this User Agreement, the user agrees to receive promotional communications and newsletter upon registration. The customer can opt out either by unsubscribing it or by contacting the customer service.
As part of the registration process on the Marketplace, the company may collect the following personally identifiable information about you: Name including first and last name, alternate email address, mobile phone number and contact details, Postal code, Demographic profile (like your age, gender, occupation, education, address etc.) and information about the pages on the Marketplace you visit/access, the links you click on the Marketplace, the number of times you access the page and any such browsing information.
The Company aims to ensure that prices of all products offered for sale are true and correct. However, from time to time, the prices of certain products may not be current or may be inaccurate on account of technical issues, typographical errors or incorrect product information provided to the Company by third-party sellers. In each such case, notwithstanding anything to the contrary, the Company reserves the right to cancel the order without any further liability.
Subject to the foregoing, the price mentioned at the time of ordering a product shall be the price charged at the time of delivery, provided that no product offered for sale on the Marketplace will be sold at a price higher than its MRP (maximum retail price).
Cancellation of order by Customer
You as a customer can cancel your order anytime up to the cut-off time of the slot for which you have placed an order by calling our customer service. However we urge you to be a responsible and conscious consumer and think before your buy. In case your complaint is valid we will refund to your account on our website to use again any payments already made by you for the order. If we suspect any fraudulent transaction by any customer or any transaction which defies the terms & conditions of using thisMarketplace, we at our sole discretion could cancel such orders. We will maintain a negative list of all fraudulent transactions and customers and would deny access to them or cancel any orders placed by them.
Return & Refunds
If you want to return a product, please keep the product in the original packaging. In addition, the product must be unused and unwashed, with all tags intact. Please do think before you buy. The Marketplace has a “Be a conscious Consumer Return and Refund policy,” which urges all users who have purchased a product on the Marketplace to think before they buy and to only return the product at the time of delivery if there is a specific reason and to be aware of the hard work that has gone behind creating each product made with love and natural ingredients. If you are still not satisfied with the quality of the product please contact email@example.com
To pass feedback to the merchants to improve the services, it is mandatory to share the images of the items, which you were dissatisfied with. Subject to acceptance from the third-party seller of the product, the Company may take the returned product back and grant credit/coupon in lieu of the value of the returned product.
Non-returnable products information visible in the product info/description section on the website/app: A few products may not be eligible for return and will be marked “Non-returnable” as they may be perishable or have other such conditions from the producers.
We will take the returned product back with us and issue a credit note for the value of the return products which will be credited to your account on the Marketplace. This can be used to pay your subsequent shopping bills.
You Agree and Confirm
That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by the company for redelivery shall be claimed from you. We will not be held responsible for any delay or failure to make delivery of your order if the delay or failure arises from any cause which is beyond our reasonable control. That you will use the services provided by the Marketplace for lawful purposes only and comply with all applicable laws and regulations while using and transacting on the Marketplace.
You acknowledge and agree that the Company shall not, at any time, have any right, title or interest to any product(s), which is subject to a bipartite sale and purchase contract between you and the relevant third party seller. The Company does not have any control over the quality, failure to provide or any other aspect whatsoever of the product(s) and is not responsible for damages or delays on account of products which are out of stock, unavailable or back ordered.
You will provide authentic and true information in all instances where such information is requested of you. The Company reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), it has the right in its sole discretion to reject the registration and debar you from using the Services and / or other affiliated websites without prior intimation whatsoever.
You authorise lucknowfarmersmarket to contact you for any transactional purposes related to your order/account. That you are accessing the services available on this Marketplace and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Marketplace.
The Company makes best efforts to display available products, including in respect of their colour, size, shape and appearance, as accurately as possible. However, the actual colour, size, shape and appearance may have variations from the depiction on your mobile/computer screen.
That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects. That before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item's description.
The Company accepts no liability for any error, inaccuracy or omission of third parties or for information/inputs received from third parties and provided to you through the Marketplace or otherwise. The Company does not make any representation or warranties in respect of the products available on the Marketplace nor does the Company implicitly or explicitly support or endorse the sale or purchase of any products on the Marketplace.
You may not use the Marketplace for any of the following purposes
Share any information which belongs to another person and to which you do not have any right. 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 cognizable offense or prevents investigation of any offense or is insulting any other nation. Deceives or misleads the addressee about the origin of such messages communicates any information which is grossly offensive or menacing in nature. Infringes any patent, trademark, copyright or another proprietary/intellectual property right. Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material. Transmitting material that encourages conduct that constitutes a criminal offence or results in civil liability or otherwise breaches any relevant laws, regulations or code of practice. Gaining unauthorized access to other computer systems. Interfering with any other person's use or enjoyment of the Marketplace. Breaching any applicable laws. Interfering or disrupting networks or websites connected to the Marketplace.
Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner. In the case of usage of the Marketplace for the abovementioned purpose or manner the Company shall automatically terminate the permission or sub-license granted by the Company
Governing Law and Jurisdiction
This User Agreement shall be construed in accordance with the applicable laws of India. The Courts at Lucknow shall have exclusive jurisdiction in any proceedings arising out of this agreement.Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by the Company and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The place/seat of arbitration shall be in Lucknow.
Reviews, Feedback, Submissions
All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to the Marketplace on or by this Marketplace or otherwise disclosed, submitted or offered in connection with your use of this Marketplace (collectively, the "Comments") shall be and remain the property of the Company. Such disclosure, submission or offer of any Comments shall constitute an assignment to the Company of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, The Company owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. The Company will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way.
The Company is and shall be under no obligation: To maintain any Comments in confidence; To pay you any compensation for any Comments; or To respond to any Comments.
You agree to the following clauses in respect to the Comments posted on the Marketplace
Any Comments submitted by you to the Marketplace will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. No Comments submitted by you to the Marketplace will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". Please note all reviews submitted by customers are subject to checks and moderation by our content Team. The Company reserves the rights to moderate as well as publish/not publish the reviews. The Company reserves the rights to solicit or withhold reviews and ratings with no liability. The Companyreserve the right to accept, reject, moderate, monitor & edit or remove any comment. You grant the Company a right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make, and you agree to indemnify the Companyfor all claims resulting from any Comments you submit. The Company takes no responsibility and assume no liability for any Comments submitted by you or any third party.
Copyright & Trademark
The Company reserves all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Marketplace. Access to this Marketplace does not confer and shall not be considered as conferring upon anyone any license under any of the Company or any third party's intellectual property rights. All rights, including copyright, in this Marketplace are owned by or licensed to the Company.
Any use of this Marketplace or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of the Company. You may not modify, distribute or re-post anything on this Marketplacefor any purpose.The names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of the Company. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Marketplace.
Access to this Marketplace does not authorize anyone to use any name, logo or mark in any manner.References on this Marketplace to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply the Company endorsement, sponsorship or recommendation of the third party, information, product or service. The Company is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk.
All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Marketplace are intended solely for personal, non-commercial use.
The Company respects the Intellectual Property rights of other entities. If you have believe that your Intellectual property Rights are violated/used which results in infringement, then please inform us about the same on our email id: firstname.lastname@example.org. After evaluating the contents of your notice and we will respond within a reasonable period of time
You agree to use the Marketplace and any service at your sole risk and that to the fullest extent permitted under applicable law, the Companyshall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you, which Content may or may not be identified as such.
You agree to defend, indemnify and hold harmless the Company, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to the Companyor any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under this User Agreement or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
This User Agreement is effective unless and until terminated by either you or the Company. You may terminate this User Agreement at any time, provided that you discontinue any further use of this Marketplace. The Company may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Marketplace, Such termination will be without any liability to the Company. Upon any termination of the User Agreement by either you or the Company, you must promptly destroy all materials downloaded or otherwise obtained from this Marketplace, as well as all copies of such materials, whether made under the User Agreement or otherwise. The Company's right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Marketplace or affect any liability that may have arisen under the User Agreement.
In addition to the applicable clauses of this document upon the third party sellers, they agree to the following clauses as well by accessing to this Marketplace:
We have the right to terminate the access or usage rights of the seller to the marketplace or remove non-compliant information or both, as the case may be, in case of non-compliance of the present policy and/or applicable Acts and Rules including the Information Technology 2000 and amendments thereto. Additionally, we reserve the right to pursue all legal rights & remedies in law and equity against you.
We do not give any differential treatment to anygoods or services or sellers of the same category.
We can terminate the access of such sellers to the Marketplace who have repeatedly offered goods or services that have previously been removed or access to which has previously been disabled under the Copyright Act, 1957 (14 of 1957), the Trade Marks Act, 1999 (47 of 1999) or the Information Technology Act, 2000 (21 of 2000)
Sellers shall provide an undertaking to ensure that descriptions, images, and other content pertaining to goods or services on their platform is accurate and corresponds directly with the appearance, nature, quality, purpose and other general features of such good or service. No seller offering goods or services through us shall adopt any unfair trade practice whether in the course of the offer on our platform or otherwise.
No such seller shall falsely represent itself as a consumer and post reviews about goods or services or misrepresent the quality or the features of any goods or services.
No seller shall refuse to take back goods, or withdraw or discontinue services purchased or agreed to be purchased, or refuse to refund consideration, if paid, if such goods or services are defective, deficient or spurious, or if the goods or services are not of the characteristics or features as advertised or as agreed to, or if such goods or services are delivered late from the stated delivery schedule. All sellers shall have a prior written contract with us in order to undertake or solicit such sale or offer;
All sellers shall appoint a grievance officer for consumer grievance redressal and ensure that the grievance officer acknowledges the receipt of any consumer complaint within forty-eight hours and redresses the complaint within one month from the date of receipt of the complaint; All sellers shall ensure that the advertisements for marketing of goods or services are consistent with the actual characteristics, access and usage conditions of such goods or services.
All sellers shall provide to us its legal name, principal geographic address of its headquarters and all branches, the name and details of its website, its e-mail address, customer care contact details such as fax, landline, and mobile numbers and where applicable, its GSTIN and PAN details.
All sellers shall provide the following information to us to be displayed on its platform or website: (a) all contractual information required to be disclosed by law; (b) total price in single figure of any good or service, along with the breakup price for the good or service, showing all the compulsory and voluntary charges such as delivery charges, postage and handling charges, conveyance charges and the applicable tax, as applicable; (c) all mandatory notices and information provided by applicable laws, and the expiry date of the good being offered for sale, where applicable; (d) all relevant details about the goods and services offered for sale by the seller including country of origin which are necessary for enabling the consumer to make an informed decision at the prepurchase stage; (e) the name and contact numbers, and designation of the grievance officer for consumer grievance redressal or for reporting any other matter; (f) name and details of importer, and guarantees related to the authenticity or genuineness of the imported products; (g) accurate information related to terms of exchange, returns, and refund including information related to costs of return shipping in a clear and accessible manner; (h) relevant details related to delivery and shipment of such goods or services; and (i) any relevant guarantees or warranties applicable to such goods or services
Seller shall maintain reasonable security practices and procedures under the Information Technology Act, and the Information Technology (Reasonable Security Practices And Procedures And Sensitive Personal Data Or Information) Rules, 2011 Seller shall not host, display, upload, modify, publish, transmit, store, update or share any information that belongs to any other person; is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy; is harmful to child; infringes any patent, trademark, copyright or other proprietary rights; impersonates another person; threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order; contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource; is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.
Seller shall not host, store or publish any unlawful information, which is against any law for the time being in force in relation to the interest of the sovereignty and integrity of India.
Seller should be aware that we shall report cyber security incidents and share related information with the Indian Computer Emergency Response Team in accordance with the policies and procedures as mentioned in the Information Technology (The Indian Computer Emergency Response Team and Manner of Performing Functions and Duties) Rules, 2013.