TERMS OF SERVICE AGREEMENT
LAST REVISION: [23-07-2023]
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Terms of Service Agreement (the “Agreement”) governs your use of this website, www.indoorharvestfarms.com (the “Website”), Indoor Harvest Farms Pvt. Ltd., (“Business Name”) offer of products for purchase on this Website, or your purchase of products available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. Indoor Harvest Farms Pvt. Ltd., reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. [Indoor Harvest Farms Pvt. Ltd. will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting of any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. Indoor Harvest Farms Pvt. Ltd. encourages you to review this Agreement whenever you visit the Website to ensure that you understand the terms and conditions governing the use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Indoor Harvest Farms Pvt. Ltd. for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website.
1. PRODUCTS
Terms of Offer. This Website offers for sale certain products (the “Products”). By placing an order for Products through this Website, you agree to the terms set forth in this Agreement.
Customer Solicitation: Unless you notify Indoor Harvest Farms Pvt. Ltd. sales team directly, of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations from Indoor Harvest Farms Pvt. Ltd. and it’s designated in house or third party team(s).
Opt-Out Procedure: To stop receiving our promotional emails, you may use the opt-out link found in any email solicitation that you may receive. Even if you opt out of getting marketing messages, we will still be sending you transactional messages through email and SMS about your purchases.
Proprietary Rights
Indoor Harvest Farms Pvt. Ltd. has proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell, or redistribute any Product manufactured and/or distributed by Indoor Harvest Farms Pvt. Ltd. Indoor Harvest Farms Pvt. Ltd. also has rights to all trademarks and specific layouts of this webpage, including calls to action, text placement, images, videos, and other information.
Taxes on Sales
If you purchase any Products from Indoor Harvest Farms Pvt. Ltd., you will be responsible for paying any applicable taxes (viz Sales Tax, GST, etc.) levied by the State Government, Central Government, or the Union Territories, respectively.
2. WEBSITE
Content; Intellectual Property; Third-Party Links
In addition to making Products available, this Website also offers information and marketing materials. This Website also offers information, both directly and through indirect links to third-party websites, about nutritional values. Indoor Harvest Farms Pvt. Ltd. does not always create the information offered on this Website; instead, the information is often gathered from other sources. To the extent that Indoor Harvest Farms Pvt. Ltd. does create the content on this Website, such content is protected by intellectual property laws of India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, noncommercial use. Any links to third-party websites are provided solely as a convenience to you. Indoor Harvest Farms Pvt. Ltd. does not endorse the contents of any such third-party websites. Indoor Harvest Farms Pvt. Ltd. is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.
Use of Website
Indoor Harvest Farms Pvt. Ltd. is not responsible for any damages resulting from the use of this website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell material on the Website, (4) not engage, directly or indirectly, in the transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website
Account Registration
You may access the Website by registering to create an account (“Account“) and become a member (” Membership“), or as a Guest User or you can also register to join by logging into your account with certain third-party social networking sites (“SNS“) (including, but not limited to Facebook); each such account, a ” Third Party Account“, via our Website, as described below.
The Membership is limited for the purpose and is subject to the terms, and strictly not transferable. As part of the functionality of the Website services, you may link your Account with your email or Third Party Accounts, by either: providing your Third Party Account login information to us through the Website; or allowing us to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account.
You represent that you are entitled to disclose your Third Party Account login information to us and/or grant us access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third party service providers.
By granting us access to any Third Party Accounts, you understand that we will access, make available, and store (if applicable) any content or information that you have provided to and stored in your Third Party Account (“SNS Content“) so that it is available on and through the Website via your Account.
Unless otherwise specified in these Terms of Use, all SNS Content, if any, will be considered to be your content for all purposes of these Terms of Use.
Depending on the Third Party Accounts, you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your Account on the Website.
Please note that if a Third Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Website.
We will create your Account for your use of the Website services based on the personal information you provide to us or that we obtain via SNS, as described above. You can only have one Account and are not permitted to create multiple accounts. Indoor Harvest Farms Pvt. Ltd. reserves the right to suspend such multiple accounts without being liable for any compensation where you have created multiple accounts on the Website.
You agree to provide accurate, current, and complete information during the registration process and update such information to keep it accurate, current, and complete.
We reserve the right to suspend or terminate your Account and your access to the Services (i) if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete; (ii) if it is believed that your actions may cause legal liability for you, other users or us; and/or (iii) if you are found to be non-compliant with the Terms of Use or other Indoor Harvest Farms Pvt. Ltd. policies.
You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Account, whether or not you have authorised such activities or actions. You will immediately notify us of any unauthorised use of your Account.
Products purchased from the Website are intended for your personal use and you represent that the same are not for resale or you are not acting as an agent for other parties.
License
By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, noncommercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from Indoor Harvest Farms Pvt. Ltd. or the applicable third party (if third-party content is at issue).
Posting
By posting, storing, or transmitting any content on the Website, you hereby grant Indoor Harvest Farms Pvt. Ltd. a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and licence to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. Indoor Harvest Farms Pvt. Ltd. does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. Indoor Harvest Farms Pvt. Ltd. is not liable for any damage or harm resulting from any posts by or interactions between users. Indoor Harvest Farms Pvt. Ltd. reserves the right but has no obligation, to monitor interactions between and among users of the Website and to remove any content Indoor Harvest Farms Pvt. Ltd. deems objectionable.
3. DISCLAIMER OF WARRANTIES
Your use of this Website and/or products are at your sole risk. The Website and products are offered on an “As is” and “As available” basis. Indoor Harvest Farms Pvt. Ltd. expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement with respect to the products or website content, or any reliance upon or use of the website content or products. (“products” include trial products.)
Without limiting the generality of the foregoing, Indoor Harvest Farms Pvt. Ltd. makes no warranty: (1)that the information provided on this Website is accurate, reliable, complete, or timely, (2)that the links to third-party websites are to information that is accurate, reliable, complete, or timely, (3)no advice or information, whether oral or written, obtained by you from this Website will create any warranty not expressly stated herein, (4)as to the results that may be obtained from the use of the products or that defects in products will be corrected.
Regarding any products purchased or obtained through the Website:
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
4. LIMITATION OF LIABILITY
Indoor Harvest Farms Pvt. Ltd.’s entire liability, and your exclusive remedy, in law, in equity, or otherwise, with respect to the Website content and products and/or for any breach of this agreement is solely limited to the amount you paid, less shipping and handling, for products purchased via the Website.
Indoor Harvest Farms Pvt. Ltd. will not be liable for any direct, indirect, incidental, special, or consequential damages in connection with this agreement or the products in any manner, including liabilities resulting from (1) the use or the inability to use the website content or products; (2) the cost of procuring substitute products or content; (3) any products purchased or obtained or transactions entered into through the website; or (4) any lost profits you allege.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you.
5. INDEMNIFICATION
You will release, indemnify, defend, and hold harmless Indoor Harvest Farms Pvt. Ltd., and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs, and expenses, including reasonable attorneys’ fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations, and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Products or your use of the Products (including Trial Products); (4) any intellectual property or other proprietary rights of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to Indoor Harvest Farms Pvt. Ltd.
When Indoor Harvest Farms Pvt. Ltd. is threatened with suit or sued by a third party, Indoor Harvest Farms Pvt. Ltd. may seek written assurances from you concerning your promise to indemnify Indoor Harvest Farms Pvt. Ltd.; your failure to provide such assurances may be considered by Indoor Harvest Farms Pvt. Ltd. to be a material breach of this Agreement. Indoor Harvest Farms Pvt. Ltd. will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of Indoor Harvest Farms Pvt. Ltd.’s choice at its expense. Indoor Harvest Farms Pvt. Ltd. will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend Indoor Harvest Farms Pvt. Ltd. against any claim, but you must receive Indoor Harvest Farms Pvt. Ltd. prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.
6. PRIVACY
Indoor Harvest Farms Pvt. Ltd. believes strongly in protecting user privacy. Please refer to Indoor Harvest Farms Pvt. Ltd.’s privacy policy, incorporated by reference herein, that is posted on the Website.
7. AGREEMENT TO BE BOUND
By using this Website or ordering Products, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.
8. GENERAL
Force Majeure
Indoor Harvest Farms Pvt. Ltd. will not be deemed in default hereunder or held responsible for any cessation, interruption, or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
Cessation of Operation
Indoor Harvest Farms Pvt. Ltd. may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.
Entire Agreement
This Agreement comprises the entire agreement between you and Indoor Harvest Farms Pvt. Ltd. and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver
The failure of Indoor Harvest Farms Pvt. Ltd. to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Governing Law
This Website originates from Bengaluru, Karnataka. This Agreement will be governed by the laws of the State of Karnataka without regard to its conflict of law principles to the contrary. Neither you nor Indoor Harvest Farms Pvt. Ltd. will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in the State of Karnataka. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
Statute of Limitation
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Website or Products or this Agreement must be filed within one (1) week after such claim or cause of action arose or be forever barred.
Waiver of Class Action Rights
By entering into this agreement, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claims arising out of, relating to, or in connection with this agreement must be asserted individually.
Termination
Indoor Harvest Farms Pvt. Ltd. reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and Indoor Harvest Farms Pvt. Ltd. may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, Indoor Harvest Farms Pvt. Ltd. reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until Indoor Harvest Farms Pvt. Ltd. chooses, in its sole discretion and without advance notice to you, to terminate it.
Arbitration Agreement
- In case of a dispute arising out of this agreement or any purchases made on the basis of this agreement, the parties mutually consent to appoint a sole arbitrator from the list of arbitrators mentioned within 30 days from the date of the dispute.
- All the arbitration proceedings shall be conducted in Kannada and English languages.
- The arbitration proceedings shall be governed by the Indian Arbitration and Conciliation Act. The arbitrator shall have no power to conduct class, consolidated, or representative action, including any action in the capacity of a private attorney general, and not combine the individual proceeding with any other proceeding, without the consent of both parties. Relief can be granted only on behalf of individual parties and only to the extent of their claims
- All the costs arising from the arbitration proceedings (including the arbitrator’s fee and court reporter’s fee), shall be equally split among the parties unless the arbitrator’s award specifies otherwise.
- Both the parties agree that all the disputes, including but not exhaustive to disputes related to our relationship, terms and conditions, and our transactions shall be resolved in binding individual arbitration.
- In case of any change in part of the arbitration clause, the remainder of the clause stands valid and applicable
- The award passed by the arbitrator shall be final and binding on all the parties to the agreement.
Domestic Use
Indoor Harvest Farms Pvt. Ltd. makes no representation that the Website or Products are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
Assignment
You may not assign your rights and obligations under this Agreement to anyone. Indoor Harvest Farms Pvt. Ltd. may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE
TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
If you have any further questions, please contact us at 8105475605 or email at contact@indoorharvestfarms.com.