Term Conditions Page

 TERMS &CONDITIONS

These Terms and Conditions govern your use of this website.

These Terms and Conditions appliesto the website www.agroorbit.comand the mobile application (collectively, the “Platform”), which isowned and operated by AGRO ORBIT HUB PRIVATE LIMITED, a company incorporated under the Companies Act, 2013, having its registered office in Maharashtra, India (“Agroorbit”, “Company”, “We”, “Us”, “Our”).

By accessing, browsing, or using the Platform in any manner, including but not limited to viewing content, registering an account, or purchasing products, You (“User”, “Buyer”, “You”, “Your”) acknowledge that you have read, understood and agreed to be bound by these Terms, along with our Privacy Policy andother applicable policies incorporated.

If you do not agree to these Terms, you must immediately discontinue use of the Website.

SCOPE AND ACCEPTANCE

These Terms constitute a legally binding agreement under the Indian Contract Act, 1872.

Continued use of the Platform constitutes unconditional acceptance of these Terms, including any modifications made from time to time.

These Terms apply to all the Users, including visitors, registered users and buyers engaging in business transactions.

NATURE OF BUSINESS AND ROLE OF AGROORBIT

AgroOrbit operates as a trader/seller of the agriculture and allied products listed on the Platform.

AgroOrbit does not manufacture any product sold on the Platform. Products are sourced from third –party manufacturers and suppliers.

Agroorbit does not provide any guarantee, assurance or certification regarding manufacturing process, composition, performance or regulatory approvals beyond what is expressly stated by the respective manufacturers.

No information on the Platform shall beconstrued as technical, agronomic, professional or statutory advice.

ELIGIBILITY & USER OBLIGATIONS

Use of the Platform is permitted only to:

• Individuals competent to contract under the Indian Contract Act, 1872.

• Business entities acting for lawful commercial purposes.

 

The Buyer represents that purchases are made for commercial purpose unless explicitly stated and Buyer shall provide accurate, complete and updated information at all times.

ACCOUNT REGISTRATION

The Platform requires the account creation forprocessing the order.

The Buyer is solely responsible for maintaining confidentiality of login credentials and all activities under the account.

Agroorbit shall not be liable for any loss arising from unauthorized access due to the Buyer’s failure to safeguard account credentials.

AgroOrbit reserves the right to suspend or terminate accounts at its sole discretion if it is discovered that a user does not meet the eligibility requirementswithout prior notice.

PRODUCTS AND INFORMATION DISCLAIMER

The Platform may list products including but limited to:

• Fertilizers

• Pesticides

• Agro-Chemicals

• Agricultural inputs and allied products

 

Product images, descriptions, specifications, labels and technical information are provided for general informational purposes only and may be based on the information received from manufacturers or suppliers.

Actual products may vary due to factors including packaging updates, batch differences, regulatory changes, or manufacturer modifications.

AgroOrbit does not warrantthat product descriptions are error-free, exhaustive or suitable for Buyer’s specific commercial or agricultural requirements.

REGULATED PRODUCTS & STATUTORY COMPLIANCE

Certain products sold on the Platform are subject to regulation under applicable Indian laws governing seeds, fertilizers, pesticides, agro-chemicals and allied products.

The Buyer is solely responsible for:

• Verifying the legality of purchase and use in its jurisdiction;

• Ensuring compliance with applicable storage, transport, resale, application and disposal laws;

• Following label instructions, safety warnings, dosage directions and statutory guidelines.

AgroOrbit shall not be held liable under any law for the time being in force for:

• Improper or excessive use of products;

• Non-compliance with regulatory requirements;

• Consequences arising from Buyer’s acts or omissions.

 

PRODUCT AVAILABILITY

All products listed on the Platformare subject to availability and may be withdrawn, modified, or discontinued at any time without prior notice. Availability may be affected by factors including inventory limitations, production constraints, quality control issues, logistical challenges, or business considerations.

AgroOrbit reserves the right, at its sole discretion, to limit quantities, refuse or cancel orders, or modify product specifications even after an order has been placed, where such action is

reasonably necessary due to unavailability, pricing errors, operational constraints, or unforeseen circumstances.

The listing of any product on the Platformdoes not constitute a binding offer to sell and shall not obligate the AgroOrbit to fulfill orders in all circumstances.

AgroOrbit does not guarantee the continuous availability of any product listed on the Website and shall not be liable for any loss or inconvenience arising from product unavailability or discontinuation.

PRICING AND PAYMENTS

All prices displayed on the website are in INR and are inclusive of applicable taxes unless otherwise stated. AgroOrbit reserves the right to modify prices, offers or discounts at any time without any prior notice.

While AgroOrbit strives to provide accurate pricing information, errors may occur due to technical or human factors. In the event a product is listed at an incorrect price, AgroOrbit reserves the right to cancel and refuse any order placed for such product, even after order confirmation or payment, and shall refund any amount received in such cases.

Payments made on the Platformare processed through third-party payment gateways. AgroOrbit does not store, process or control users’ payment instrument details and shall not be responsible for any loss, including form any payment gateway issues, including transaction failures or unathorised debits.

ORDER PLACEMENT AND ACCEPTANCE

An order confirmation doesnot constitute acceptance of an order. AgroOrbit reserves the right to accept or reject any order at its discretion.

An order shall be deemed to confirmed only upon dispatch of the product.

SHIPPING & DELIVERY

Please see terms relating to shippinganddelivery using the link -

RETURNS, REFUNDS & CANCELLATIONS

Please see terms relating to returns & refunds usingthe link –

DISCLAIMERS AND NO WARRANTIES

The Platformand its content provided on an “as is” and “as available” basis. AgroOrbit ensures that the information provided is accurate and up to date, it does not warrant that the Website will be uninterrupted, error free or free from any technical glitches.

AgroOrbitmakes reasonable efforts to describe and display the products accurately.

To the maximum extent permitted under applicable law, AgroOrbit disclaims all implied warranties, including but not limited to limited warranties of merchantability and non-infringement, except as expressly provided under applicable laws.

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

• limit or exclude our or your liability for death or personal injury;

• limit or exclude our or your liability for fraud or fraudulent misrepresentation;

 

AgroOrbit does not guarantee any agricultural yield, productivity, or commercial outcome.

AgroOrbit shall not be responsible for any failure, delay or disruption caused by third partyservice providers, including payment gateways and logistics partners.

LIMITATION OF LIABILITY

To the maximum extent permitted under the applicable law, AgroOrbit shall not be liable for any claims, losses, or damages, whether direct, indirect, incidental,or consequential, including but not limited to financial, physical, loss of goodwill or emotional loss, arising from out of or in connection with the use of the Platformor purchase of the products.

The total aggregate liability of AgroOrbit, shall not exceed the amount actually paid by the user for the specific product giving rise to the claim.

AgroOrbit shall not be liable for any claims arising from misuse or improper handling of products.

INDEMNITY

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 or in connection with:

• Your breach of these Terms or any applicable policy;

• Your misuse of the Website or products purchased through the Website;

• Your violation of applicable law or third-party rights;

• Any false, inaccurate or misleading information provided by you.

 

INTELLECTUAL PROPERTY

AgroOrbit acts solely as a trader of the products manufactured and owned by third parties, except to the extent expressly stated otherwise, AgroOrbit doesnot claim any ownership, proprietary interestor rightsover any third-party intellectual property, including:

• Trademarks

• Logos

• Brand names

• Packaging designs

• Marketing materials

 

All such rights remain with theirrespective brand ownersor manufacturers.

Any mention of brand names, logos, or trademarks on our website isfor identification and product listing purposes only, to ensure that customers know the origin of the product they are buying.The display of third-party products of intellectual property on the Platform shall not be construed as conferring any license, endorsement, affiliation or authorization beyond what is necessary for lawful resale, nor shall it be deemed to imply that AgroOrbit has any control over or responsibility for such third -party intellectual property.

The Platform and its Content are provided solely for the Buyer’s lawful business use in connection with browsing products and placing orders through the Platform. The Buyer is granted a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Platform and the Content strictly in accordance with these Terms.

All intellectual property rights in and to the Platform, including the website, mobile applications, domain name, software, source code, object code, databases, layout, design, structure, user interface, look and feel, algorithms, and all original content created by or on behalf of Agro Orbit Hub Private Limited (collectively, the “Content”), are owned by or validly licensed to AgroOrbit and are protected under the Copyright Act, 1957.

To the extent the Buyer submits any content to the Platform, including feedback, reviews, queries, suggestions, or other materials, the Buyer grants AgroOrbit a worldwide, perpetual, irrevocable, royalty-free, transferable, and sublicensable right to use, reproduce, modify, adapt, publish, translate, distribute, and display such content for the purposes of operating, improving, and promoting the Platform, and represents that it has all necessary rights to grant such license and that such content does not infringe any third-party rights.

All trademarks, logos, brand names, trade dress, and service marks in connection withthe Platform, including but not limited to“AgroOrbit” name and associated branding, are proprietary to AgroOrbit or its licensorsand are protected under the Trademarks Act, 1999, whether registered or unregistered.Any unauthorized use, imitation, reproduction, or display of such trademarks or brand elements without prior written consent shall constitute infringement and may attract civil and criminal liability under applicable law.

AgroOrbit reserves the right to take appropriate legal action, including seeking injunctive relief, damages, and other remedies available under law, against any unauthorized use, infringement, or misappropriation of its intellectual property. This clause shall survive termination or expiry of these Terms.

HYPERLINKING TO OUR CONTENT

Users may create hyperlinks to the Platform’s homepage or publicly accessible pages, provided that such links are created in a fair and lawful manner and do not damage, dilute or take unfair

advantage of the reutation, goodwill or trademarks of AgroOrbit Hub Private Limited. Hyperlinks must not falsely suggest any form of association, approbal, endorsement or partnership with AgroOrbit, nor pressnt the Platform or its content in misleading, dematory and unlawful context.

No hyperlink shall be created in a manner that frames, embeds, mirrors or otherwise alters the visual presentation of the Platform or any of its content nor shall deep linking be used to bypass the Platform’s home page, policies, disclaimers or access controls for commercial or misleading purposes.

Agroorbit reserves the right to require the removal of sny hyperlink to the Platform at any tie, without notice, where such linking is found to be misleading, infringing, unlawful or detrimental to its business, brand or regulatory obligations.

BUYER DUE DILIGENCE & SUITABILITY

The buyer acknowledges and agrees that the selection, purchase and use of any product offered on the Platformm is made soley at the buyer’s responsibility to conduct all necessary due diligence prior to placing an order, including but not limited to assessing the suitability of the product for the intended crop, soil conditions, climate, method of application, dosage, timing, compatibility with other inputs, and the Buyer’s specific commercial or operational requirements.

The buyer further acknowledges that agricultural products, including fertilizers, pesticides and agro-chemicals, amy perform differently depending on various factors beyond AgroOrbit’s control and that outcomes may vary significantly based on usage, environmental conditions and compliance with instructions.

The buyer confirms that it possesses the requisite technical knowledge, experience and regulatory approvals to purchase, store, handle, apply distribute or resell the products in compliance with applicable laws and statutory guidelines, and that is shall strictly follow all label instructions, safety warnings, manufacturer recommendations and legal requiremnets. AgroOrbit does not provide agronomic, technical or professional advice and any information made

available on the Platform or through its represntatives is of general nature only and shall not be relied upon as a substitute for independent assessment or expert advice.

COUNTERFEIT AND PARALLEL TRADE DISCLAIMER

AgroOrbit sources and supplies product through its authorized supply channels and undertakes reasonable commercial measures to procure genuine products for sale on the Platform. However, AgroOrbit does not control the activities of buyers or third parties after delivery.

The Buyer acknowledges that any resale, redistribution, alteration or futher supply of products purchased from the Platform is undertaken solely at the Buyer’s own risk and responsibility.

USER CONDUCT & PROHIBITED ACTIVITIES

The Buyer’sagree to use the Platformonly for lawful purposes and in accordance with these Terms and applicable laws and regulations.

Prohibited Activities:Without limiting the foregoing, users shall not –

i)Violate any applicable law, regulation, or third-party rights;

ii)Misuse the Platformor attempt to gain unauthorized access to any systems, servers or data

iii)Engage in fraudulent, misleading or deceptive practices, including placing order with false information;

iv)Copy, scrape, harvest or exploit any content, data or images from the Platformwithout authorization;

v)Interfere with or disrupt the security or functionality of the Platform;

vi)Use the Platform for commercial resale, advertising or solicitation without the Company’s consent;

vii)Upload or transmit viruses, malware or harmful code;

viii)Engage in conduct that is abusive, defamatory, threatening or otherwise objectionable.

 

TERMINATION AND SUSPENSION

AgroOrbit reserves the right, at its sole discretion, to suspend, restrict or terminate a User’s access to the Platform, in whole or in part, and to cancel or refuse any current or future orders, at any time and without prior notice, where the User is found to be in breach of these Terms, any applicable policy or applicable law, or where such action is reasonably required to protect AgroOrbit’s business interest, regulatory obligations, IP, reputation or operationl integrity.

AgroOrbit may exercise such rights where it reasonably suspects fraudlent activity, misuse of the Platform, provision of false or misleading information, unauthorized resale or use of products or conduct that may expose AgroOrbit to legal, regulatory or reputational risk.

Upon termination or suspension, the User’s right to access or use the Platform shall immediately cease, without prejudice to any rights, remedies or liabilities accrued prior to such termination. Any provisions of these Terms which by their nature are intended to survive termination, incuding but limited to IP, disclaimers, limitation to liability, governing law shall continue to remain in full force and effect.

FORCE MAJURE

AgroOrbit shall not be liable for any failure or delay in the performance of its obligations under these Terms if such failure or delay arises due to events beyond its reasonable control.

Force Majeure events shall include, but are not limited to, acts of God, natural disasters, fire, flood, earthquake, pandemic, epidemic, war, riots, civil war, strikes, lockdowns, telecommunication or internet services.

During the continuance of a Force Majeure event, AgroOrbit’s obligations shall be suspended for the duration of such event, and the time for performance shall be extended accordingly. The company reserves the right to cancel affected orders without incurring any liability.

GOVERNING LAW AND JURISDICTION

These Terms and Conditions and any dispute arising out of or in connection with the use of the Website or purchase of the products shall be governed by and construed in accordance with the laws of India.

Subject to the applicable Consumer Protection Laws, the courts at Akola, Maharashtra, India shall have the exclusive jurisdiction over all the disputes.

GRIEVANCE REDRESSAL

In accordance with applicable laws, the Company has established a grievance redressal mechanism to address user and customer concerns.

Any grievances, complaints or queries relating to the Website, products, or services may be addressed to the Company through the contact details provided on the “Contact Us” page of the Website.

The Company shall take reasonable efforts to acknowledge and resolve the grievances within a reasonable timeframe in accordance with the applicable laws.