Welcome to fernbasket.com (“Website”) owned and provided by Mr. Bhagirath lal Gupta . To use the service offered by fernbasket or by any of its affiliates, you must agree to each and every condition laid down as part of this document. By visiting or shopping at the Website, you signify that you have accepted these conditions (“Conditions of Use”).
Please read them carefully. In addition, when you use any current or future fernbasket service or visit or purchase from any business affiliated with fernbasket, whether or not included on the Website, you will be subject to both these Conditions of Use and the guidelines and conditions applicable to such service or business.
These Conditions of Use constitute an electronic record within the meaning of the applicable law.
This electronic record is generated by a computer system and does not require any physical or digital signatures.
1. PRIVACY
A. Privacy Policy
Please review our Privacy Policy, which also governs your visit to fernbasket, to fully understand our practices.
2. ELECTRONIC COMMUNICATIONS
A. Legal Satisfaction
When you visit the Website or send emails to us, you are communicating with us electronically.
B. Consent
By communicating with us, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
3. COPYRIGHT
A. Copyright Protection
All content included on this Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilation and software, is the property of fernbasket or its content suppliers and protected by Indian and international copyright laws. The compilation of all content on this site is the exclusive property of fernbasket and protected by Indian and international copyright laws. All software used on this site is the property of fernbasket or its software suppliers and protected by Indian and international copyright laws.
4. TRADEMARKS
A. Protected Marks
fernbasket.com, eSafe Packaging System, True Plant Promise and other marks indicated on our Website are trademarks of fernbasket in India and other countries.
B. Protected Graphics
All fernbasket’ graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of fernbasket. fernbasket’ trademarks and trade dress may not be used in connection with any product or service that is not fernbasket’, in any manner that is likely to cause confusion among customers, or in any manner that disparages eplants. All other trademarks not owned by fernbasket that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by fernbasket. Any attempt to copy, pass off and/or illegally use fernbasket’s products, website presentation etc. will be punishable under appropriate laws.
5. LICENSE AND SITE ACCESS
A. General
fernbasket grants you a limited license to access and make personal use of the Website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of fernbasket and/ or its affiliates (“License”).
Your access to the Website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.
You must not use the Website in any way that causes, or is likely to cause, the Website or its access to be interrupted, damaged or impaired in any way. You understand that you, and not eplants, are responsible for all electronic communications and content sent from your computer to us and you must use the Website for lawful purposes only.
You must not use the Website for fraudulent purposes, or in connection with a criminal offence or other unlawful activity.
You must not use the Website to send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any spam.
B. No License for Commercial Sale
This License does not include any resale or commercial use of this Website or its contents; any collection and use of any product listing, descriptions, or prices; any derivative use of this Website 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.
C. No Reproduction
This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of eplants.
D. No Framing
You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including but not limited to images, text, page layout or form) of eplants and our affiliates without express written consent from eplants.
E. Meta tags
You may not use any Meta tags or any other hidden text utilizing fernbasket’s name or trademarks without the express written consent of fernbasket. Any unauthorized use terminates the License granted by fernbasket.
F. Linking
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Website as long as the link does not portray fernbasket, its affiliates, or their products or services in a false, misleading, derogatory or otherwise offensive matters. You may not use any fernbasket. logo or other proprietary graphic or trademark as part of the link without express written permission from fernbasket.
6. YOUR ACCOUNT
A. Protection of Your Account
By using this Website, you agree that you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately in writing if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering with fernbasket on the Website.
7. REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
A. Nature of Content
Visitors to the Website may post reviews, comments and other content, send e-cards and other communications and submit suggestions, ideas, comments. Questions or other information, as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of spam.
B. False Information
You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. eplants reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content.
C. Rights Granted
If you do post content or submit material, and unless we indicate otherwise, you grant fernbasket and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant fernbasket and its affiliates and sublicensees the right to use the name that you submit in connection with such content if they choose.
D. Rights Owned
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Conditions of Use and will not cause injury to any person or entity; and that you will indemnify fernbasket or its affiliates for all claims resulting from content you supply. fernbasket has the right but not the obligation to monitor and edit or remove any activity or content. fernbasket takes no responsibility and assumes no liability for any content posted by you or any third party.
8. COPYRIGHT COMPLAINTS
A. General
fernbasket and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please submit a claim of Copyright Infringement at [email protected].
9. RISK OF LOSS
A. General
All items purchased from fernbasket on the Website are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the end carrier.
10. PRODUCT DESCRIPTIONS
A. General
fernbasket and its affiliates attempt to be as accurate as possible. However, eplants makes no warranties, that the product descriptions and any other content of this Website are accurate, complete, reliable, current or error-free. Given the living nature of the plants being sold, fernbasket also disclaims all guarantees with regard to such Products.
11. OTHER BUSINESSES
A. General
This clause is applicable for products listed and sold by parties (Independent Third Party Sellers) other than those belonging to fernbasket and to the services provided by them on this Website. You agree, understand and acknowledge that the Website is an online platform that enables you to purchase products listed on the Website at the price indicated therein at any time from any location. You further agree and acknowledge that fernbasket is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the Website. Accordingly, the contract of sale of products on the Website shall be a strictly bipartite contract between you and the sellers on fernbasket.
B. No Warranties.
We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. eplants does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and conditions of use.
B. Indemnities and Release
You shall indemnify and hold harmless fernbasket, its subsidiaries, affiliates, and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorney’s fees, made by any third party or penalty imposed due to or arising out of your breach of these Conditions of Use or any document incorporated by reference, or your violation of any law, rules, regulations or rights of a third party.
You hereby expressly release fernbasket and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability, or other consequence of any of the actions/inactions of the vendors/independent third-party sellers who sell on and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.
12. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
This Website is provided by fernbasket on an “AS IS” “AS AVAILABLE” basis. fernbasket makes no representations or warranties of any kind, express or implied, as to the operation of this Website or the information, content, materials, or products included on this Website. You expressly agree that your use of this Website is at your sole risk.
To the full extent permissible by applicable law, fernbasket disclaim all warranties express or implied including but not limited to, implied warranties of merchantability and fitness for a particular purpose. fernbasket does not warrant that this Website, its servers, or e-mails sent from fernbasket are free of viruses or other harmful components, fernbasket will not be liable for any damages of any kind arising from the use of this Website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
IN NO EVENT SHALL EPLANTS BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, OR OTHER), AND EVEN IF YOU HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13. APPLICABLE LAW
A. Governing Law
By visiting the Website, you agree that the laws of India, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and fernbasket and its affiliates.
14. DISPUTES
A. Venue
Any dispute relating in any way to your visit to the Website or to products you purchase through the Website shall be submitted to the exclusive jurisdiction of the courts at Gangapur city,Rajasthan, India.
15. OTHER CONDITIONS:
A. Taxes
You shall be responsible for payment of all fees/costs/charges associated with the purchase of products from us and you agree to bear any and all applicable taxes including but not limited to VAT/CST, service tax, GST, duties and cesses etc.
B. Children
Use of the Website is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you may purchase
C. Communications
When you visit the Website you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the Website or by any other mode of communication. For contractual purposes, you consent to receive communications including SMS, e-mails or phone calls from us with respect to your order.
D. Losses
We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when a contract for the sale of goods by us to you was formed.
E. Alteration or Amendments to the Conditions
We reserve the right to make changes to our policies at any time. You will be subject to the policies and Conditions of Sale in force at the time you order goods from us unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
F. Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these Conditions of Sale if the delay or failure arises from any cause which is beyond our reasonable control.
G. Waiver
If you breach these Conditions of Sale and we take no action, we will still be entitled to use our rights and remedies at any point of time and in any other situation where you breach these conditions.
H. Governing Law and Jurisdiction
These conditions are governed by and construed in accordance with the laws of India, and the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Gangapur city, India.
16. SITE POLICIES, MODIFICATION, AND SEVERABILITY
A. Other Policies
Please review our other policies posted on our Website. These policies also govern your visit to the Website. We reserve the right to make changes to our Website, policies, and these Conditions of Use at any time. You are advised to read the Conditions of Use and other policies prior to every use of the Website. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition/s.
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