Terms & Condition

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. 

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, ‘Terms of Use’ for the access or the usage of the software application AgriGator (“AgriGator“) for mobile devices [and website] that was created by Anati Technologies Private Limited (“Company”). The Application provides a platform (B2B) for registered users to buy, sell, book logistics and avail other services across cities in India (“Services”). 

Any person logging on to or using AgriGator (even when such person does not make any purchase from AgriGator) (“User” or “You” or “Your”) shall be presumed to have read these Terms of Use (which includes the Privacy Policy, separately provided on AgriGator) and unconditionally accepted the terms and conditions set out herein and this constitutes a binding and enforceable agreement between the User and AgriGator (“Agreement”). This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with AgriGator for other services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of AgriGator. To the extend applicable, this Terms of Use shall apply to the website of AgriGator and its visitors as well. 

What are the terms of use? 

AgriGator is provided by Company and available only to the entities and persons over the age of majority and “competent to contract” as per the Indian Contract Act, 1872 and who can form legally binding agreement(s) under applicable law. If You do not qualify and fall within the meaning of “incompetent to contract”, you are not permitted to use AgriGator nor use the services. 

As a user of AgriGator, User will be responsible to treat the information such as identification code, password provided by Company and not disclose the same to any person or entity. We shall at our sole discretion reserve the right to disable any user identification code or password if you have failed to comply with any of the provisions of these Terms of Use. You undertake and warrant that any information provided by you to Company is correct and valid. 

What is the scope of Terms of Use? 

These Terms of Use govern Your use of AgriGator and all applications, software and services (collectively, “Services“) available via AgriGator, except to the extent such Services are the subject of a separate agreement. Specific terms or agreements may apply to the use of certain Services and other items provided to You via AgriGator (“Service Agreement(s)/ General Terms“). 

Indemnity and Release 

You agree to defend, indemnify and hold harmless the Company, its affiliates and its respective officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, suppliers and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from your use of, access to, and participation on AgriGator; your violation of any provision of the Terms and Conditions, including the privacy policy; your violation of any third-party right, including without limitation any copyright, property, proprietary, Intellectual Property Rights, or breach of your express or implied representations and warranties. This defence and indemnification obligation will survive these terms and conditions and your use of AgriGator. 

Privacy 

In order to avail the Services from AgriGator, you will need to provide registration data prior to getting registered. As an account holder you are required to provide AgriGator with accurate personal information. Any personal information collected by AgriGator shall not be disclosed to any third party unrelated to Company unless such a disclosure is authorized or required by law, or you have expressly consented to such a disclosure. However, by accepting the terms and conditions, you grant Company an unconditional right to share your personal information with Company partners, affiliates, employees and agents for administrative purpose. You are requested to review the Privacy Policy before using AgriGator. If you have any objection to the terms of our Privacy Policy, you are requested not to use AgriGator.

Credit Cards/ Financial Wallets / UPI/ Banking A/c No or any other Financial Information

You agree, understand and confirm that the financial details provided by You for availing of Services of AgriGator will be correct and accurate and you shall not use any financial payment option which is un-lawfully owned by you or outside the purview of the law of the country of India. Thus, you must not pay or attempt to pay for Services using fraudulent financial information and through illegal payment option as per law of India. You further agree and undertake to provide the correct and details to AgriGator. 

Further the said information will not be utilized and shared by Company with any third parties unless required for fraud verifications or by law, regulation or court order. Company will not be liable for any kind of financial fraud. The liability for use of a financial payment option will be on you and the onus to ‘prove otherwise’ shall be exclusively yours. 

User Liability 

The User, by the act of logging onto AgriGator is deemed to have consented to and has expressly/impliedly and irrevocably authorized AgriGator to use, reveal, analyse, display or transmit all information required by AgriGator. The User represents and warrants that all the information provided by him/her are true, correct and complete and if such information is found to be untrue, incorrect or incomplete, Company has the right to take any action it deems appropriate in relation to the particular circumstances without any limitations. 

Restrictions on Use of the Platform 

In addition to other restrictions set forth in these Terms of Use, you agree that: 

  1. You shall not disguise the origin of information transmitted through AgriGator. You will not place false or misleading information on AgriGator. 
  1. You will not use or access any service, information, application or software available via AgriGator in a manner not expressly permitted by Company. 
  1. You will not use AgriGator for any purpose(s) that is unlawful or prohibited by the Terms of Use or other than as expressly permitted by these Terms of Use. You will use AgriGator in the manner as provided for in these Terms of Use. 
  1. You will not input or upload to AgriGator any information which contains viruses, or other computer programming routines that are intended to damage, disable, overburden, interfere with, intercept or expropriate any system, AgriGator or Information or that infringes the Intellectual Property (defined below) rights of another. 
  1. You will not engage in any form of disrupting, or destructive acts, including “spamming,” “flooding,” and “grieving” as those terms are commonly understood and used on the Internet. 
  1. You shall not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of AgriGator, or in any way reproduce or circumvent the navigational structure or presentation of AgriGator or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through AgriGator. 
  1. Certain areas of AgriGator are restricted to the customers of Company. You shall not attempt to gain unauthorized access, through hacking, password mining or any other means, to any section, including AgriGator and connected systems or networks connected to Company. 
  1. You shall not use or access AgriGator in any way that, in Company’s judgment, adversely affects the performance or function of the Company and AgriGator. 
  1. You shall not frame or utilize framing techniques to enclose any portion or aspect of the content or the information, without the express written consent of Company. 
  1. You will not misrepresent or embellish the relationship between Company and You by expressing or implying that Company is either related or that Company supports, sponsors, endorses or contributes to You. 
  1. You will not delete or modify any content of AgriGator, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.

 

Intellectual Property Rights 

The information, content and compilation provided in AgriGator is our exclusive property and is protected under the applicable Indian and international intellectual property laws. No person shall use, copy, transmit, reproduce, publish, modify, distribute any contents of the website or any part thereof without our express written permission. 

Further, without the express written consent of Company, no person shall create and/ or publish his/her own database that features substantial (e.g. prices and product listings) portions of the contents of AgriGator. 

Intellectual Property Claims 

Company respects the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please bring it to our notice by sending an email at care@agrigator.co. We will envisage to address your concerns and take necessary steps, if required. 

Amendments 

Company may modify/ update certain or entire terms and conditions of these Terms of Use, from time to time. Any aspect of AgriGator may be changed, supplemented, deleted or updated without notice at the sole discretion of Company. Company may also change or impose fees for products and Services provided through AgriGator at any time in its sole discretion. 

You shall, at all times, be responsible for regularly reviewing the Terms of Use and also note the changes made on AgriGator. Your continued usage of AgriGator after any change is posted constitutes Your acceptance of the amended Terms of Use. 

Disclaimers of Warranties 

AgriGator and its features are provided on “as is” and “as available” basis. 

To the extent not prohibited by law, or to the extent any statutory rights apply that cannot be excluded, limited or waived, Company: 

make no representations and warranties of any kind, express or implied regarding the Services or the third-party content or as to the operation of AgriGator or information, contents, materials, prices or products included on AgriGator; 

disclaim all warranties, including any implied or express warranties of non-infringement, fitness for a purpose, effectiveness, completeness of the information or data furnished, accuracy, content, timeliness, sequence, or that the data/information provided hereunder may be relied upon; 

makes no representations and warranties that the third-party content will be error free or uninterrupted or accurate or complete; 

makes no representations and warranties that the third-party content is not intended to provide tax, legal or investment advice. 

makes no representations and warranties that any content will be secure or not otherwise lost or altered. 

You expressly agree to use AgriGator on their sole risk. Company reserves its rights to withdraw or delete any information from AgriGator at any time and on its discretion. 

AgriGator may be under constant upgrades, and some functions and features may not be fully operational. 

Limitations of Liability 

We will not be liable to You (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, AgriGator: 

  1. to the extent that the AgriGator is provided free-of-charge, for any direct loss; 
  1. for any indirect, special or consequential loss; 
  1. for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data; 
  1. for any errors in or omissions on AgriGator and the content therein, including but not limited to technical inaccuracies and typographical errors; 
  1. for any third-party websites or content therein directly or indirectly accessed through links in AgriGator, including but not limited to any errors in or omissions therefrom; 
  1. for your use of AgriGator; or 
  1. for your use of any equipment or software in connection with AgriGator. 

These limitations of liability apply even if we have been expressly advised of the potential loss. 

Miscellaneous 

  1. Force Majeure: Company will not be liable for any delay or failure to perform any obligations under these Terms of Use wherein the delay or failure results from any cause beyond our reasonable control, including acts of God, labour disputes or other industrial disturbances, electrical and power outages, utilities, blockages, embargoes, riots, acts of government, acts of terrorism, or war. 
  1. Governing Law: The laws of India govern these Terms of Use and any dispute of any sort that might arise between you and us. 
  1. To the fullest extent permitted by Law, You Hereby expressly agree that any proceeding arising out of or relating to Your use of AgriGator or the website owned by the Company shall be instituted in courts in Bhopal, Madhya Pradesh, India. 
  1. No Waivers: The failure by Company to enforce any of these Terms of Use does not constitute a present or future waiver of such provision nor limit the rights of Company to enforce such provision at a later date. All waivers by us must be in writing to be effective. 
  1. No Third-Party Beneficiaries: Except as set forth hereinabove, these Terms of Use do not create any third-party beneficiary right in any individual or entity. 
  1. Notice: User agrees that The Company may provide the User with notices, including those regarding changes to the Terms and Conditions, by email, regular mail, or postings on the Company owned website. 
  1. Entire Agreement: The Terms and Conditions, together with the Privacy Policy, and any other legal notices or any additional policies published by the Company on the Company owner website, shall constitute the entire agreement between User and the Company concerning the Company owner website. Please note, however, that other aspects of your use of Services may be governed by additional agreements. 
  1. Severability: If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. 

Digital Invoicing through mobile and web apps Consigner/Consignee: 

  1. Consignee/Consignor will ensure all relevant information is provided in this invoice. The consignor shall ensure proper packaging of product, which is safe and adequate to transport & can withstand the normal transportation and environmental hazards and is in compliance with applicable laws. 
  1. Consignor shall not book/ handover or allow to hand over any product, restricted, illegal, prohibited, stolen infringing of any third-party rights, hazardous or dangerous or in breach of being liable for the transport of any such products. Also, ensure that the goods do not include any materials which are contraband illegal or prohibited by any applicable law in any city in India. 
  1. Perishable and fragile goods, hazardous, dangerous or any other hazardous goods/liquid/chemicals and all goods liable to breakage and/or leak and/or leakage or damages will be accepted for carriage only at the risk of the owners and or consignor (s)and/or consignee. 
  1. It is expressly understood by consignor/consignee that all products agreed to be transported by carrier/transporter are on “SAID TO CONTAIN BASIS “i.e., the consignor shall undertake and ensure to make proper, true, fair correct and factual declaration on the docket regarding description and value of products. Consignor will pay any extra tax or charges introduced by state or central govt. of India. 
  1. Consignor should ensure proper documents check of trucks. All goods are carried at Truck Owner Risk. ANATI TECHNOLOGIES Pvt. Ltd. (hereinafter referred as to ‘AgriGator’) would not hold any responsibility in case of any theft, loss or damages of goods. Consignor is advised to declare the total value of consignment/material/goods and get the same insured at their own cost to cover any theft/loss/delay damages so they can claim from any insurance agency. AgriGator has no liability for uninsured goods. 
  1. If delivery of goods in not taken by consignee(s) at the time of arrival at the destination, AgriGator will inform the consignor(s). In case any dispute arises, AgriGator can take action as per Carriage by road act 2007 and Carriage by Road Rules, 2011. 

Carrier/Transporter/Operator/Aggregator/Agent (hereinafter referred as to ‘Supply Partner’): 

  1. Supply Partner/AgriGator reserve the right to open/inspect any consignment to check for misuse of the services. The responsibility of the Supply Partner/AgriGator ceases on the delivery of the goods at the consignee(s) premises. 
  1. AgriGator will not under any circumstances be responsible or liable for theft, loss or damage or destruction of goods/material booked and will be carried at owner risk. Any claim for compensation in respect to such loss, damage, or destruction, will be the liability of the Supply Partner. In event of any liabilities charged to AgriGator by the Consigner/Consignee, Supply Partner agrees to compensate for the liabilities to AgriGator as desired by AgriGator if not exceeding the total value of damage / loss. 
  1. AgriGator shall not be liable for any failure to perform any obligations under this Terms and Conditions, if the performance is prevented, hindered, or delayed by a Force Majeure Event and in such case Agitator’s obligations under this Terms and Conditions shall be suspended for so long as the Force Majeure Event continues. 

For this Terms and Conditions, Force Majeure Event shall mean any act, event, non-happening, omission or accident beyond Agitator’s reasonable control and includes in particular (without limitation) an event arising due to acts of God, fire, flood, landslides, hurricanes, sabotage, labor disputes or other industrial disturbances, strikes, embargoes, acts of government, riots, war, terrorism, revolt, , electrical or power outages, utilities or other telecommunications failures, acts/omissions of public/local authority, acts of local, state or governmental action prohibiting or impeding AgriGator from performing its respective obligations under the Terms and Conditions etc. 

  1. The Supply Partner shall be fully liable for all expenses / losses incurred by consignee/consignor/AgriGator due to poor Services rendered by it or it is sub-supplier and will bear 100% financial implications of the same. The Supply Partner shall have no lien of the consignment in its possession and shall ensure that either the Supply Partner or its sub supplier does not hold the consignment during the transportation. Any attempt to hold vehicle or demanding pre-payment (other than those agreed as per the payment terms) etc. would be considered as criminal breach of trust and mala fide intent and consignee/consignor/AgriGator have right to take appropriate legal action against the Supply Partner. 
  1. The Supply Partner will ensure to provide vehicles running in good condition and having necessary Road Transport Authority (RTA) approvals, permit for inter-state transportation of goods, proper insurance, pollution control certificates, fitness, driver police verification etc. 
  1. The Supply Partner shall ensure the storage space in the trucks provided have smooth and clean inner walls and surface and Truck owner/carrier shall be liable for any damage caused to the goods arising due to noncompliance with this provision. 
  1. All communication through email/ electronic media unless otherwise specified including billing/proof of delivery/work order/rate confirmation/consignment note etc. will be considered proper and enough by either party i.e., Supply Partner and consignee/consignor. 
  1. If any dispute is reported to AgriGator, AgriGator will make every effort to help both parties communicate; however, all disputes must be resolved directly between them. Thus, if AgriGator is contacted by consignee/consignor who claim to have a dispute regarding the services and they request Supply Partner’s contact information (including but not limited to any of Supply Partner’s provided phone numbers and/or addresses) to settle the dispute, Supply Partner expressly authorize AgriGator to release such contact information to the consignee/consignor and Supply Partner agree to discharge AgriGator from any and all liability associated therewith. If after making constant endeavors still issue persist, then parties can take the resort of available legal remedies. If Supply Partners have an issue w.r.t. payments made by consignee/consignor, AgriGator shall help Supply Partner fully communicate with consignee/consignor. The Supply Partner undertakes not to make/ implead AgriGator as a party to any litigation that arises between the consignee/consignor and Supply partner. 

However, if any dispute arises between AgriGator and Supply Partner, AgriGator and Supply Partner hereby agree that these Terms and Conditions shall be governed by and interpreted in accordance with the laws of India and the competent Court in Madhya Pradesh, shall have exclusive jurisdiction. 

Still have queries? 

If you have any questions regarding Terms of Use while using AgriGator, or have questions about our practices, please contact us via email at care@agrigator.co. 

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