Terms & Conditions | नियम एवं शर्तें
Leancrop Technology Solutions Private Limited (the “Company”, “BharatAgri”, “we”, “us” or “our”) owns and operates the BharatAgri website and mobile application (“Platform”) that provides subscription-based advisory and consultancy services (“BharatAgri Service”) and also allows users (“Third Party Service Provider”) to sell agricultural products, including but not limited to pesticides, insecticides, seeds, farming equipment and auxiliaries (“Listing Service”).
These terms of use (“Terms of Use”) constitute a binding and enforceable legal contract between the Company and the user of the Platform (“you”, “your” or “user”) and govern the provision of BharatAgri Service and Listing Service (“Services”) on the Platform. The Services would be made available to such natural persons who have agreed to use the Platform after obtaining due registration, in accordance with the procedure as determined by us, from time to time.
You agree and acknowledge that the Third Party Service Providers and you utilize the Platform to meet and interact with another for their respective transactions. BharatAgri is not and cannot be a party to, or, save as except as may be provided in these Terms of Use, control in any manner, any transaction between the Third Party Service Providers and you. You represent and warrant that you have the requisite registrations and licenses required to use any products obtained through our Listing Service.
Apart from these Terms of Use, our Privacy Policy shall also govern your visit and use of the Platform and the collection and use of Personal Information in relation to our Services. Your continued use of the Platform implies that you have read and accepted the Privacy Policy and agree to be bound by its terms and conditions. We will not use or share your information with anyone except as described in our Privacy Policy and these Terms of Use. Capitalised terms, unless defined herein, shall have the meaning ascribed to them under the Privacy Policy.
By using our Platform, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to the Terms, you must not access this Platform.
Third Party and Listing Services
The Services may include services, content, documents and information owned by, licensed to, or otherwise made available by a third party (“Third Party Services”) or contain links to Third Party Services. Such Third Party Services are the responsibility of the third party that created or provided the services, and their use is solely at your own risk.
We make no representations and expressly exclude all warranties and liabilities arising out of or in relation to Listing Services and Third-Party Services. All intellectual property rights in and to Listing Services and Third Party Services are the property of the respective third parties.
Links to third party websites
The Platform may include references or hypertext links for products or services provided by third parties. This information is provided for your convenience, and does not constitute an endorsement of the content of third party websites. We shall in no way be responsible in any way for your use of such sites or any errors or representations on third party sites. You access third party sites at your own risk. We recommend that you check the policy of each website / apps you visit to better understand your rights and obligations especially when you are submitting any type of content to those third-party websites. Please contact the owner or administrator or operator of such website / apps if you have any concerns or questions.
Changes to these Terms of Use
We may update our Terms of Use or Privacy Policy from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms of Use or Privacy Policy (as the case may be) on this page. These changes are effective immediately after they are posted on this page.
Use of Content
All logos, brands, marks headings, labels, names, signatures, numerals, shapes or any combinations thereof, appearing on the Platform, except as otherwise noted, are properties either owned, or used under licence, by the business and / or its associate entities who feature on the Platform. The use of these properties or any other content on the Platform, except as provided in these Terms of Use or on the Platform, is strictly prohibited.
You may not sell or modify the content of this Platform or reproduce, display, publicly perform, distribute, or otherwise use the materials in any way for any public or commercial purpose without the respective organisation’s or entity’s written permission.
Security Rules
Users are prohibited from violating or attempting to violate the security of the Platform, including, without limitation, (1) accessing data not intended for such user or logging into a server or account which the user is not authorised to access, (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation, (3) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a "virus" or "Trojan horse" to the Platform, overloading, "flooding", "bombing" or "crashing", or (4) sending unsolicited electronic mail, including
promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability. The business and / or its associate entities will have the right to investigate occurrences that they suspect as involving such violations and will have the right to involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
General Rules
Users may not use the Platform in order to transmit, distribute, store or destroy material (a) that could constitute or encourage conduct that would be considered a criminal offence or violate any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity of other personal rights of others, or (c) that is libellous, defamatory, pornographic, profane, obscene, threatening, abusive or hateful.
Disclaimer of warranty and limitation of liability
LeanCrop Technology Solutions Pvt Ltd built the BharatAgri Connect app as a Commercial app. This Service is provided by BharatAgri through the Platform and is intended for use as is. BharatAgri, its holding, subsidiaries, affiliates, partners and licensors do not make any representations or warranties, express or implied, in connection with these Terms of Use, Services, or any of the content on the Platform, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties cannot be excluded by law.
LeanCrop Technology Solutions Pvt Ltd, its holding, subsidiaries, affiliates, partners and licensors are not liable in contract, tort (including negligence) or otherwise for any interruption of business, access delays or interruptions to the Platform, non- correction of Platform errors by LeanCrop Technology Solutions Pvt Ltd, data non- delivery or loss, theft, misdelivery, corruption, destruction or modification of data, loss or damages arising from or in relation to third party dealings on the Platform (including dealings with Third Party Service Providers), cost of procurement of substitute goods or services, viruses, system failures or malfunctions in connection
with your use of the Platform or third party links on the Platform, inaccuracies or omissions in content or events beyond our reasonable control.
LeanCrop Technology Solutions Pvt Ltd, its holding, subsidiaries, affiliates, partners and licensors will not in any event be liable in contract, tort (including negligence) or otherwise for indirect, special, punitive, incidental or consequential damages (including loss of profits) in connection with the Platform even if Company has been advised of the possibility of such damages. In sum, in no event shall Company's total liability to the User for all damages or/and losses or/and causes of action exceed the amount paid by the User to the Company, if any, that is related to the cause of action.
This disclaimer constitutes an essential part of these Terms of Use.
User journey for buying BharatAgri Services
The user journey for subscribing to and accessing BharatAgri Services have the following steps:
User downloads the app >> User views all the provided services >> User clicks on any of the provided services >> User Chats / Calls to BharatAgri Agri Expert >> User chooses the services & confirms the amount he/she needs to pay with his/her payment method >> User does the payment via secured payment gateway from the Platform >> designated service is provided to user within 2 working days
Services Available
1. Video call with expert
2. Audio call with expert
3. Personalized crop calendar – 6 months
4. Personalized crop calendar – 12 months
5. Soil testing
6. Water testing
7. Petiole/Fungal & Nematode Testing
8. Delivery of available farm inputs (from partner shops)
Medium of Communication
By signing up or transacting with BharatAgri, you consent to receive SMS, instant messages on the Platform, and phone calls from BharatAgri or its agents in connection with the Services. This consent applies even if your number is registered on a Do Not Disturb (DND) list, as these communications are deemed essential for providing the agreed Services.
T&Cs for BharatAgri Wallet Programme
1. BharatAgri has launched a rewards program to reward the loyal users
2. You will get credits in BharatAgri wallet as per different promotion schemes as may be notified by BharatAgri to users from time to time
3. BharatAgri Credits will be stored in the BharatAgri app-only and are non- transferable to any bank or other wallets.
4. BharatAgri Credits can be redeemed only to buy/avail BharatAgri services available on the app.
5. The minimum credits required for redemption of BharatAgri Credits will be as per the promotional scheme at the time of availing BharatAgri services.
6. BharatAgri Credits is equivalent to Indian Rupee i.e BharatAgri 10 Coins = INR 10
7. BharatAgri reserves its sole right to change offer terms or stop the offer without any prior notice to customers.
8. BharatAgri reserves its sole right to revoke credits from BharatAgri Credits without any prior notice to customers.
9. These offers will be valid on Android App version 3.2.20 and above.
T&Cs for BharatAgri Referral Programme
1. Refer a customer: Upon successful use of referral code by the new user (Referred User) for downloading the BharatAgri Mobile application, both the users (Referred User and Existing BharatAgri App User) will get BharatAgri Credits (value /amount will vary as per the running promotional scheme)
2. Existing BharatAgri App User and Referred User will be eligible for getting BharatAgri Credits if all of the below conditions are met- a. Referred User should not already have an existing BharatAgri account i.e. he/she should not be existing BharatAgri app user with an existing mobile number
b. Referred user should have download the app from the Playstore from your shared invite link.
3. Existing BharatAgri App User and Referred User will get BharatAgri Credits within 24 hours after the creation of Referred Users profile.
4. If the Referred User is referred by multiple BharatAgri users, then, BharatAgri Credits will be processed to the existing BharatAgri user whose shared invite link was clicked before downloading the app.
5. BharatAgri Credits won’t be processed until the Referred User has registered with his/her mobile number on the BharatAgri app after downloading it from your shared invite link.
6. BharatAgri Credits will be stored in the BharatAgri app-only and are non-transferable to any bank or other wallets.
7. BharatAgri Credits can be redeemed only to buy/avail BharatAgri services available on the app.
8. The minimum credits required for redemption of BharatAgri Credits will be as per the promotional scheme at the time of availing BharatAgri services.
9. BharatAgri Credits is equivalent to Indian Rupee i.e BharatAgri ₹10 = INR 10
10. BharatAgri reserves its sole right to change offer terms or stop the offer without any prior notice to customers.
11. BharatAgri reserves its sole right to revoke credits from BharatAgri Credits without any prior notice to customers.
12. This offer is valid on Android App version 3.2.20 and above.
Refunds and return/cancellation policy
Users who avail the complete BharatAgri Service are eligible for the ‘No Questions Asked 100% Return Policy’ within 15 days from the date of commencement of their schedule if they don't find the service to their liking. The procedure for such cancellation is set out below:
Procedure of cancellation
1. Users can request for cancellation of service either through the chat option provided on the Platform or by calling BharatAgri on the numbers displayed on the Platform
2. A ticket will be created for every cancellation request by a user
3. BharatAgri will call the user to take feedback and resolve user's concerns, if any and if the user requests for a cancellation, then BharatAgri will confirm the cancellation
4. Upon successful cancellation, BharatAgri will issue the refund of 100% of the subscription fee and it will get credited to user's original mode of payment within 7-10 working days from the date of confirmation of cancellation
Mode of payment
Payments for the products and services available on the Platform may be made in the following ways:
Debit cards, net banking, UPI, wallets,
Partial Cash on delivery is available for products purchased on the Platform.
However this mode of payment is only available for users in serviceable pin codes (as defined by third party service providers and reflected on the Platform)
Any payments made by user on the Platform will be governed in accordance with user terms and privacy policies of our payment partners, that you can refer to on their respective portals.
Fees
We reserve the right to charge a convenience fee for the Services. Non-payment may result in denial of Services and/or action under applicable law.
Term and termination
These Terms of Use shall be effective from the date of their publication on the Platform. We reserve the right to suspend or terminate our services without prior notice in the event of breach of these Terms of Use, any misrepresentation of information or any
unlawful activity by you.
You may terminate the Terms of Use at any time by discontinuing the use of the Platform. By terminating the usage or the Terms of Use you will be obligated to pay for a product or service purchased on the Platform, or any other obligation which has accrued, or is unfulfilled and relates to the period, prior to termination.
Indemnity
You agree to defend, indemnify and hold harmless BharatAgri, our subsidiaries, affiliates and agents and their respective officers, directors, employees, 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 BharatAgri or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under the Terms of Use, 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 the Terms of Use.
Specific Terms and Conditions for Sale of Products on the Platform
Please read these conditions carefully before placing an order for any products with the Third Party Service Providers through/on the Platform. These conditions will govern the sale of the products by the Third Party Service Providers to You.
Contract of Sale of Products
Listing and display of products on the Platform is an invitation to you to make an offer for purchase of such products. Likewise, the placement of an order on the Platform by you is your offer to buy the products from the Third Party Service Providers.
The Third Party Service Provider will accept the offer to buy the products by generating an invoice for the Order and contract of sale will be made and the property and title in the products ordered by You shall stand immediately transferred to You when the invoice for the Order is raised by the Third Party Service Provider.
All orders placed by You on the Platform are subject to availability of the products with the Third Party Service Provider.
In case of sale of Seeds, the invoice will be raised (and the contract of sale made and the property and title in the Seeds transferred) by the Third Party Service Provider at the premises situated at [insert warehouse address] ('Warehouse'). The sale of Seeds shall occur at the Warehouse, irrespective of Your delivery location.
Such sale shall be final, binding and conclusive irrespective of the mode of payment and delivery opted by You. "Seeds"; means any (i) seeds of food crops including edible oil seeds and seeds of fruits and vegetables; (ii) seeds of cattle fodder, (iii) jute seeds and (iv) seedlings, and tubers, bulbs, rhizomes, roots, cuttings, all types of grafts and other vegetatively propagated material, of food crops or cattle fodder.
Refunds and return policy
The refunds and return policy for each product listed on the Platform will be provided on the listing page for the respective product. To check whether your order is eligible for a refund or return, you should check the listing page for that product. Your goods must be undamaged and unused to be eligible for refunds and return. If you receive goods which are damaged, defective or expired, you should raise a grievance with the respective Third Party Service Provider through the Third Party Service Provider’s contact details provided on the listing page. You can also contact us at contact@bharatagri.com and we will make reasonable efforts to resolve the
issue between the Third Party Service Provider and you.
Shipping and Delivery Policy
Shipping and delivery of products listed in the Listing Service will be handled by the respective Third Party Service Providers or delivery partners of the Third Party Service Providers. In case of any grievances, you should reach out to the respective Third Party Service Provider through the Third Party Service Provider’s contact details provided on the listing page.
Collection by User
For certain products, as specified on the listing page of the specific product, You agree to appoint a third-party delivery partner (“User Agent”) who shall act in the capacity of Your agent and collect the order as requested by You from the Warehouse on Your behalf. You accept and acknowledge that the User Agent shall be responsible to collect the Seeds ordered by You from the Warehouse and to carry it to the address notified by You. After you have placed an Order on the Platform, You will be provided options of third party delivery partners from which you can select a third party delivery partner as Your User Agent for collecting the Order from the Warehouse and delivering it to You. You agree and acknowledge that the User Agent acts as Your agent for collecting the order from the Warehouse. The service is being provided by User Agent with Your consent and therefore the Company is merely facilitating for You and Users Agent to connect. You agree and acknowledge that the third party delivery partners listed on the Platform are independent contractors, and not agents or employees of the Company, whose services are being availed by You upon your implied/ explicit consent solely for the delivery of the Seeds ordered by You through the Platform.
All items are delivered to the address provided by You in your registration or to an alternative address if directed by you. You acknowledge and accept that items will need to be signed for on delivery and authorise any person at your chosen delivery address to sign for the items as your authorised representative. In the event that the packaging is opened after delivery, We will have no liability to You for lost or damaged items or for what third parties find out about You as a result.
Miscellaneous
Eligibility
Only persons who can enter into legally binding contracts as per Indian Contract Act, 1872, i.e., persons who are 18 (Eighteen) years of age or older, are of sound mind, and are not disqualified from entering into contracts by any law, can use the Platform and purchase products or subscribe to services. If you are a minor i.e., under the age of 18 (Eighteen) years, you may purchase the product or subscribe to services on the Platform only under the guidance of a parent or guardian.
Governing law and disputes
Governing Laws: This Agreement shall be construed and governed in accordance with the laws of India. The courts in Pune shall have exclusive jurisdiction over all issues arising out of or in relation to these Terms of Use or Services.
Dispute Resolution: Any controversies, conflicts, disputes, or differences arising out of these Terms shall be resolved by arbitration in Pune in accordance with the Arbitration and Conciliation Act, 1996 (as amended from time to time). The tribunal shall consist of 1 (one) arbitrator appointed by the Company. The language of the arbitration shall be English. The parties to the arbitration shall keep the arbitration confidential and not disclose to any person, other than on a need to basis or to legal advisors, unless required to do so by law. The decision of the arbitrator shall be final and binding on all the Parties hereto.
Each party to the arbitration shall bear its own costs with respect to any dispute.
Not withstanding anything contained herein, the Company may at any time apply for interim relief in a court of law.
Waiver
No provision in these Terms of Sale will be deemed waived and no breach excused, unless such waiver or consent is in writing and signed by us. Our consent to, or waiver of your breach, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
Contact Us
If you have any questions or suggestions about our Privacy Policy or Terms of Use, do not hesitate to contact us @ LeanCrop Technology Solutions Pvt. Ltd., 8 th floor, Icon Towers, Workflo by OYO, Baner road, Baner, Pune- 411045, Maharashtra.
Phone- +91 9075 9075 22 Email- contact@bharatagri.com
In case of any complaints or grievances with products listed on the Listing Service, you should reach out to the respective Third Party Service Provider through the Third Party Service Provider’s contact details provided on the listing page. You can also contact us at contact@bharatagri.com and we will make reasonable efforts to resolve the issue between the Third Party Service Provider and you.
You may also write to us at contact@bharatagri.com if require details about any Third Party Service Provider from whom you have purchased goods on the Platform.
In case of any complaints or grievances in relation to the BharatAgri Service, you can contact our grievance officer Mr. Aman Verma. Their contact details are as follows:
Email ID: aman.verma@bharatagri.com
Address: 8 th floor, Icon Towers, Workflo by OYO, Baner road, Baner, Pune- 411045, Maharashtra
