Welcome to Green Thela (hereinafter referred to as the “Website”, “Site”, “We”, “Us”, “Our”), owned and operated by Green Thela (hereinafter referred to as “the Company”) with its registered office located at Shop No 24 Town Plaza Pride world city Charholi Pune 412105. The Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms",” Terms of Service”,).
BY CLICKING ON THE "ACCEPT" BUTTON AT THE END OF THE AGREEMENT ACCEPTANCE FORM, Users (hereinafter referred to as “You” or “Your” or “user”) AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE ACCEPTING ITS TERMS. WHEN YOU UNDERTAKE ANY ACTIVITY ON THE WEBSITE YOU AGREE TO ACCEPT THESE TERMS AND CONDITIONS.
Our Website ("Website") provides services (“Services”) where Users ("Users") who purchase something from us, engage in our “Service” and agree to be bound by the following terms and conditions. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers and merchants.
PLEASE READ THE TERMS OF THIS AGREEMENT CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES.
IN USING THIS WEBSITE YOU ARE DEEMED TO HAVE READ AND AGREED TO THE FOLLOWING TERMS AND CONDITIONS SET FORTH HEREIN. ANY INCIDENTAL DOCUMENTS AND LINKS MENTIONED SHALL BE CONSIDERED TO BE ACCEPTED JOINTLY WITH THESE TERMS. YOU AGREE TO USE THE WEBSITE ONLY IN STRICT INTERPRETATION AND ACCEPTANCE OF THESE TERMS AND ANY ACTIONS OR COMMITMENTS MADE WITHOUT REGARD TO THESE TERMS SHALL BE AT YOUR OWN RISK. THESE TERMS AND CONDITIONS FORM PART OF THE AGREEMENT BETWEEN THE USERS AND US. BY ACCESSING THIS WEBSITE, AND/OR UNDERTAKING TO PERFORM A SERVICE BY US INDICATES YOUR UNDERSTANDING, AGREEMENT TO AND ACCEPTANCE, OF THE DISCLAIMER NOTICE AND THE FULL TERMS AND CONDITIONS CONTAINED HEREIN.
DEFINITIONS:
“Company” shall mean Green Thela which owns and operates the Website, www.greenthela.com.
www.greenthela.com Website provides a platform to the users to purchase vegetables and fruits and get it delivered to their home.
“User” shall mean who are browsers, vendors, end-customers and merchants who purchase something from us, engage in our “Service”
“Content” means the content the company creates and make available in connection with the Services including, but not limited to, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, functionalities, aggregate ratings, reports and other usage-related data in connection with activities associated with your account and all other elements and components of the Services excluding Your Content and third party content. It will include (but is not limited to) images, photos, audio, video, and all other forms of information or data.
“Services” denotes the services offered by us to the users through our website.
INTERPRETATION
The official language of these terms shall be English.
The headings and sub-headings are merely for convenience purpose and shall not be used for interpretation.
ELIGIBILITY
You may use the Service only if you are at least eighteen (18) years of age and can form a binding contract with us, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations.
Any use or access to the Service by anyone under 18 is strictly prohibited and in violation of this Agreement. Our Website reserves the right to refuse to provide you with access to the Website if we discover that you are under the age of 18 years. The Service is not available to any Users previously removed from the Service by us, unless we provide such Users with specific written authorization to re-use the Service.
By becoming a User, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement.
Unauthorized Users are strictly prohibited from accessing or attempting to access, directly or indirectly, the Website. Any such unauthorized use is strictly forbidden and shall constitute a violation of applicable state and local laws.
Our Website may, in its sole discretion, refuse to offer access to or use of the Website to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Website is revoked in such jurisdictions.
SERVICES
The Company offers the users with a platform to purchase vegetables and fruits and get it delivered to their home.
SERVICES WHICH ARE PROHIBITED OR RESTRICTED FROM BEING USED ON COMPANY’S PLATFORM:
The Company shall not be providing services on/via its Platform. Thus, the User shall not use the following services through our Platform.
Adult Material which includes pornography and other sexually suggestive materials (including literature, imagery and other media);
Alcohol including alcoholic beverages such as beer, liquor, wine or champagne;
Animals and Wildlife Products - examples include mounted specimens, and ivory
Artifacts prohibited for sale
Beta Software
Bootleg/Pirated Recordings
Brand Name Misuse
Bulk marketing tools which include email lists, software, or other products enabling unsolicited email messages (spam)
Cable descramblers and black boxes which includes devices intended to obtain cable and satellite signals for free
Catalogue and URL Sales
Child pornography which includes pornographic materials involving minors
Copies of unauthorized Copyrighted materials whether in electronic or physical form or any other medium which may not be in existence at present
Counterfeit Currency and Stamps
Drugs and drug paraphernalia which includes illegal drugs and drug accessories, including herbal drugs
Drug test circumvention aids which includes drug cleansing shakes, urine test additives, and related items
Embargoed Goods
Endangered species which includes plants, animals or other organisms (including product derivatives) in danger of extinction
Event Tickets
Firearms, Ammunition, Militaria and Knives
Fireworks, Explosives and Explosive Substances; toxic, flammable and radioactive materials and substances
Gaming/gambling which includes lottery tickets, sports bets, memberships/ enrolment in online gambling sites, and related content
Government IDs and Licenses which includes fake Ids, passports, diplomas and noble titles
Hacking and cracking materials which includes manuals, how-to guides, information, or equipment enabling illegal access to software, servers, watomites, or other protected property
Hazardous and Restricted Items
Human Parts and Remains
Items Encouraging Illegal Activity – examples include an eBook describing how to create methamphetamine
Miracle cures which includes unsubstantiated cures, remedies or other items marketed as quick health fixes
Copyright unlocking items that includes Mod Chips or other devices designed to circumvent copyright protection
Movie Prints
Offensive Material - examples include ethnically or racially offensive material or any literature, products or other materials that: i) Defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors ii) Encourage or incite violent acts iii) Promote intolerance or hatred
Offensive goods, crime which includes crime scene photos or items, such as personal belongings, associated with criminals
Police, Army, Navy and Air force Related Items
Pre-Sale Listings
Prescription drugs or herbal drugs or any kind of online pharmacies which includes drugs or other products requiring a prescription by a licensed medical practitioner
Promotional Item
Real Estate
Regulated goods which includes air bags; batteries containing mercury; Freon or similar substances/refrigerants, chemical/industrial solvents, government uniforms, car titles or logos, license plates, police badges and law enforcement equipment, lock-picking devices, pesticides; postage meters, recalled items, slot machines; goods regulated by government or other agency specifications
Replica and Counterfeit Items including imitations of designer goods; items without a celebrity endorsement that would normally require such an association, fake autographs, counterfeit stamps, and other potentially unauthorized goods
Ringtones
Stocks and Other Securities or related financial products
Stolen Property
Surveillance Equipment
Tobacco and cigarettes includes cigarettes, cigars, chewing tobacco, and related products]
Traffic devices which includes radar detectors/ jammers, license plate covers, traffic signal changers, and related products
Weapons which includes firearms, ammunition, knives, brass knuckles, gun parts, and other armaments
Wholesale currency which includes discounted currencies or currency exchanges
Any other product or service which is not in compliance with all the sitelicable laws and regulations whether federal, state, local or international including the laws of India.
The Company reserves the right to modify, update and alter the list from time to time without any prior intimation.
The Company also reserves the right to modify the listings if relevant details are missing and it may even remove the inappropriate listings on the Website without any prior intimation.
COVENANTS OF USER
The User hereby covenants with the Company as under:
The User agrees to indemnify and keep indemnified the Company from all claims/losses (including advocate fee for defending/prosecuting any case) that may arise against the Company due to acts/omission on the part of the User.
To ensure and not to provide any description/image/text/graphic which is unlawful, illegal, intimidating, obnoxious, objectionable, obscene, vulgar, opposed to public policy, prohibited by law or morality or is in violation of intellectual property rights including but not limited to Trademark and copyright of any third party or of inaccurate, false, incorrect, misleading description or is surrogatory in nature. Further it will forward the product description and image only for the product which is offered for sale through the Website of the Company. The User agrees that in case there is violation of this covenant, it shall do and cause to be done all such acts as are necessary to prevent disrepute being caused to the Company.
To be solely responsible for any dispute that may be raised by the clients or end-customers relating to the services provided by the User. No claim of whatsoever nature will be raised on the Company.
The User shall at all time during the pendency of this agreement endeavor to protect and promote the interests of the Company and ensure that third parties rights including intellectual property rights are not infringed.
The User covenants that it shall not solicit the customers of the Company’s Website at any time during the term of this agreement.
WARRANTIES, REPRESENTATION AND UNDERTAKINGS OF USER:
The User warrants and represents that:-
All obligations narrated under this Agreement are legal, valid, binding and enforceable in law against User.
There are no proceedings pending against the User, which may have a material adverse effect on its ability to perform and meet the obligations under this Agreement;
It shall, at all times ensure compliance with all the requirements applicable to its business and for the purposes of this agreement including but not limited to Intellectual Property Rights, Value added tax, Excise and Import duties, etc. It further declares and confirms that it has paid and shall continue to discharge all its obligations towards statutory authorities.
That it has adequate rights under relevant laws including but not limited to various Intellectual Property Legislation(s) to enter into this Agreement with the Company and perform the obligations contained herein and that it has not violated/ infringed any intellectual property rights of any third party.
User agrees that appropriate disclaimers and terms of use on Company’s Website shall be placed by the Company.
INTELLECTUAL PROPERTY RIGHTS:
The company’s Website and other Platforms, and the information and materials that it contains, is the property of the company and its licensors, and is protected from unauthorized copying and dissemination by copyright law, trademark law, international conventions, and other intellectual property laws. All company’s product names and logos are trademarks or registered trademarks. Nothing contained on the company’s Website should be interpreted as granting, by implication, estoppel, or otherwise, any license or right to use the company’sWebsite or any materials displayed on the company’s Website, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms and Conditions; or (b) with the prior written consent of the company. User and User shall not attempt to override or circumvent any of the usage rules or restrictions on the Website.
Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to the Services, our Content or our Intellectual Property Rights.
Proprietary Rights. Subject to the limited rights expressly granted in this Agreement, the company reserves all rights, title and interest in and to the Service, including all related intellectual property rights. No rights are granted to the User and User in this Agreement other than as expressly outlined in this Agreement.
Pattern Data. Pattern Data means non-personally identifiable information, data and reports derived fromor compiled through the Service, including but not limited to demographics data, aggregated statistics on user conversion, location data and trend data such as aggregated data and statistics which may indicate frequency and type of use of the Service, and popularity of the Service. For greater certainty, Pattern Data is data that does not identify a specific User or User, its business contracts or its end users. As between the company, User and User, all right and title to Pattern Data belong to the company and accordingly the company is free to use Pattern Data for any purpose including the improvement of the Service of the Website.
DATA:
" Data" means any and all identifiable information about Users and their affiliates generated or collected by Company or the User, including, but not limited to, customer’s name, email addresses, services availed, phone numbers, and customer’s preferences and tendencies. The User agrees that it will only use the Data in complying with its obligations in this Agreement.
The User represents, warrants, and covenants that it will not resell or otherwise disclose any Data to any third party, in whole or in part, for any purpose whatsoever.
User acknowledge that the Services may contain information which is designated as confidential by the company and that you shall not disclose such information without company’s prior written consent.
By submitting the Content the User hereby irrevocably grant us a perpetual, irrevocable, nonexclusive, royalty-free, right to use the Content for any purpose including API partnerships with third parties and in any media existing now or in future. User irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to User’s Content brought against us, by any third party services and our and their users.
We may obtain business addresses, phone numbers, and other contact information from third party vendors who obtain their data from public sources. We have no control over, and make no representation or endorsement regarding the accuracy, relevancy, copyright compliance, legality, completeness, timeliness or quality of any product, services, advertisements and other content appearing in or linked to from the Services
SERVICE LIMITATIONS
The Service is not a backup service and accordingly, the company will not be responsible for any lost data due to server crashes or other events outside company’s reasonable control.
AUDIT RIGHTS
The company shall have the right to use the capabilities of the Service to confirm User’s and User’s compliance with this Agreement, including without limitation the fees payable hereunder.
RELATIONSHIP
Nothing in this Agreement will be construed as creating a relationship of partnership, joint venture, agency, or employment between the Parties. The Company shall not be responsible for the acts or omissions of the User and User shall not represent the Company, neither does it have any power or authority to speak for, represent, bind, or assume any obligation on behalf of the Company.
INDEMNITY:
The User indemnifies and shall hold indemnified the Company, its partners, officers, employees, representatives, agents from and against all losses, damages, claims, suits, legal proceedings and otherwise howsoever arising from or in connection with any claim including but not limited to claim for any infringement of any intellectual property rights or any other rights of any third party or of law, concerning quality, quantity and any claim in relation to the User’s product, the breach of any of the User’s warranties, representations or undertakings or in relation to the non-fulfillment of any of its obligations under this Agreement or terms of use of Company’s Website or any obligations arising out of the User infringing any applicable laws, regulations including but not limited to Intellectual Property Rights, taxes. Etc. This clause shall survive the termination or expiration of this Agreement.
LIMITATION OF LIABILITY:
It is expressly agreed by the User that the Company shall under no circumstances be liable or responsible for any loss, injury or damage to the User or any other party whomsoever, arising on account of any transaction under this Agreement.
The User agrees and acknowledges that it shall be solely liable for any claims, damages, allegation arising out of the services through Company’s Platform and shall hold the Company harmless and indemnified against all such claims and damages. Further the Company shall not be liable for any claims, damages arising out of any negligence, misconduct, or misrepresentation by the User or any of its representatives.
The Company under no circumstances shall be liable to the User for loss and/or anticipated loss of profits, or for any direct or indirect, incidental, consequential, special or exemplary damages arising from the subject matter of this Agreement, regardless of the type of claim and even if the User has been advised of the possibility of such damages, such as, but not limited to loss of revenue or anticipated profits or loss business, unless such loss or damages is proven by the User to have been deliberately caused by the Company.
The Company reserves the right to refuse any order the user places with us. We may, in our sole discretion, limit or cancel quantities purchased per user, per or per order. These restrictions may include orders placed by or under the same user 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.
TERMINATION:
This Agreement may be terminated by the Company forthwith in the event:-
User commits a material breach of any representation, obligations, covenant, warranty or term of this agreement and the same is not cured within 30 days after written notice given by the Company.
If a Petition for insolvency is filed against the User.
If the User is in infringement of the third party rights including intellectual property rights.
This agreement may be terminated without reason by either party after serving upon the other, a written notice of 30 days. The agreement shall stand terminated after expiry of such period.
EFFECTS OF TERMINATION:
In the event of termination/expiry of this Agreement, the Company shall remove and shall discontinue the services provided to theUser on its Platform with immediate effect.
Company shall not be liable for any loss or damages (direct, indirect or inconsequential) incurred by the User by virtue of termination of this agreement.
During the period under notice both the parties shall be bound to perform its obligations incurred under this agreement and this sub-clause shall survive the termination of this agreement.
GOVERNING LAW AND DISPUTE RESOLUTION:
This Agreement and any action related thereto will be governed by the laws of India without regard to or Website of its conflict of law provisions or User’s state or country of residence.
User agrees to submit to the exclusive jurisdiction of the courts sitting in India, in relation to proceedings arising out of this agreement.
In case of dispute between Company and the User, the same shall be referred to the decision of a Sole Arbitrator to be appointed by the Company in accordance with and subject to the provisions of the Arbitration laws of India.
The venue of such Arbitration shall be at Pune in order to deal with the arbitration proceedings and the awards in accordance with law.
The decision of the arbitrator shall be final and binding.
The language to be used and all written documents provided in any such arbitration shall be in English.
DISCLAIMERS:
TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY AND ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT, THE WEBSITE AND ANY USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT OR THE CONTENT OF ANY OTHER WEBSITES LINKED TO THE WEBSITE, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM THE USER'S ACCESS TO AND USE OF THE WEBSITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF COMPANY'S SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. COMPANY DOES NOT GUARANTEE THE PRIVACY, SECURITY OR AUTHENTICITY OF ANY INFORMATION SO TRANSMITTED OVER OR STORED IN ANY SYSTEM CONNECTED TO THE INTERNET OR MOBILE DEVICES.
NOTICES:
Except as explicitly stated otherwise, any notices given to Company shall be given by email to [email protected] or at an address Shop No 24 Town plaza Pride world City Charholi Pune 412105. Any notices given to the User shall be to the email address provided by the User to the Company at the time of listing (or as such information may be updated via the Website by User from time to time) or at the mailing address provided by User to the Company.
Any notice, demand, or request with respect to this Agreement shall be in writing and shall be effective only if it is delivered by email, personal service, by air courier with receipt of delivery, or mailed, certified mail, return receipt requested, postage prepaid, to the address set forth above. Such communications shall be effective when they are received by the addressee; but if sent by certified mail in the manner set forth above, they shall be effective five (5) days after being deposited in the mail. Any party may change its address for such communications by giving notice to the other party in conformity with this section.
BINDING EFFECT:
This agreement shall be binding upon, and inure to the benefit of, the successors, executors, heirs, representatives, administrators and permitted assigns of the parties hereto.
ASSIGNMENT:
The User shall have no right to (a) assign this agreement, by operation of law or otherwise; or (b) subcontract or otherwise delegate the performance of the services without Company’s prior written consent which may be withheld as Company determines in its sole discretion. Any such purported assignment shall be void. The Company at its sole discretion may assign this agreement to any third party.
SEVERABILITY:
If any provision of this agreement shall be found invalid or unenforceable, the remainder of this agreement shall be interpreted so as best to reasonably effect the intent of the parties.
INJUNCTIVE RELIEF:
Useracknowledges and agrees that in the event of a breach or threatened breach of this agreement by User and User, Company will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this agreement.
AMENDMENT:
Company may at any time at its sole discretion modify this Agreement from time to time, and any such changes will (i) be reflected on the Website, (ii) be effective thirty calendar days after being so posted on the Website, (iii) not apply retroactively, and (iv) not apply to any disputes arising prior to the effective date of such change. Company shall also post the amended agreement at the address of the User. The User agrees to be bound to any such changes and understands the importance of regularly reviewing this Agreement as updated on the Website to keeping the User’s listing and contact information current.
Notwithstanding anything to the contrary herein, Company reserves the right to, at any time and from time to time, change, alter, modify, or discontinue the Website and (or any part thereof) with or without notice. The User agrees that Company shall have no liability to the User or to any third party for any change, alteration, modification, suspension, discontinuance, or amendment of the Company’s Website.
Prices of vegetables and fruits and other 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.
FORCE MAJEURE:
Except with regard to payment obligations, either party shall be excused from delays in performing or from failing to perform its obligations under this contract to the extent the delays or failures result from causes beyond the reasonable control of the party, including, but not limited to: failures or default of third party software, Users, or products; acts of God or of the public enemy; foreign governmental actions; strikes; communications, network connection, or utility interruption or failure; fire; flood; epidemic; and freight embargoes.
WAIVER OF RIGHTS:
A failure or delay in exercising any right, power or privilege in respect of this agreement will not be presumed to operate as a waiver, and a single or partial exercise of any right, power or privilege will not be presumed to preclude any subsequent or further exercise, of that right, power or privilege or the exercise of any other right, power or privilege.
MISCELLANEOUS:
Termination of this agreement for any cause whatsoever shall not release a party from any liability which, at the time of termination, has already accrued to the other party or which may thereafter accrue in respect of any act or omission prior to such termination.
Article headings are inserted for convenience of reference only and shall not be deemed to affect the interpretation of this agreement or of any clause.
Each party shall co-operate with the other and execute and deliver to the other such instruments and documents and take such other actions as may be reasonably requested from time to time in order to carry out, give effect to and confirm their rights and the intended purpose of this agreement.
ENTIRE AGREEMENT:
This agreement along with the terms of use, privacy policy and other policies published on the Website constitutes the entire understanding and agreement of the parties with respect to its subject matter and supersedes all prior and contemporaneous agreements or understandings, inducements or conditions, express or implied, written or oral, between the parties.
CONTACT US:
For any further clarification of our Terms and Conditions, please write to us at [email protected] (email address).
Our Permanent Address is Shop No 24 Town plaza Pride world City Charholi Pune 412105.
Our legal representatives can be contacted at +91 9960214156.
Our Dispute Resolution team can be contacted at [email protected] .