Terms and Conditions

Effective Date: 15.01.2025

Last Updated on: 15.01.2025

1. Introduction

Welcome to ANKUR+ Nursery (the "Platform"). These Terms and Conditions ("Terms") govern the use of our services by Nurseries ("Sellers"), Buyers, and other users. By accessing or using the Platform, you agree to these Terms. If you do not agree, you may refrain from using our services and/or platform.

2. Acceptance of Terms and Changes to these Terms

We reserve the right, at our sole discretion, to change these Terms at any time without notice to you. Any changes will be effective immediately from the last updated date mentioned in these Terms. Your continued use of the Platform after any modifications will constitute your acceptance of the new Terms.

3. Data Privacy

We may process certain sensitive data/ information from or about you and your business. If you submit personal information relating to other people to us or to our service providers in connection with any Services, you represent that you have the authority to do so and to permit us to use the information in accordance with the Privacy Policy. For more details, please review our Privacy Policy.

4. Services Provided

4.1 Aggregator Services

The Platform provides an aggregator service where Nurseries can list their agricultural produce for sale. Buyers would receive the listings through WhatsApp and can further reach out to the Nurseries for making purchases. Buyers, on a later date, can browse, search, and make purchases based on the listings by the nurseries.

4.2 Communication and Market Insights

The Platform allows users to communicate with one another and understand market trends through listings, queries, and available insights.

4.3 Transaction Facilitation

The Platform facilitates transactions between Sellers and Buyers through third-party payment gateways. Any liabilities arising on account of delay in payments shall be directly handled between the Buyer and the Seller. Our FAQ section, which is accessible through the app, provides additional information regarding the payment process.

4.4 Transport Assistance

For an additional fee, the Platform provides assistance for product movement through third-party transporters on a case-to-case basis.

5. Registration and Account Management

5.1 Account Creation

  • Sellers must register on the Platform by providing accurate and up-to-date information.
  • Sellers must ensure that their listings are truthful and comply with local regulations.
  • Sellers must maintain and promptly update such information to keep it accurate, current, and complete. If you provide any such information that is untrue, inaccurate, misleading or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate any account you establish in connection with your use of the Platform and refuse any and all current or future use of the Platform or any portion thereof

5.2 Responsibilities of the Seller

  • Are responsible for maintaining the confidentiality of their login credentials, limiting access to them, and accepting responsibility for all activities that occur under your account and password.
  • Agree to immediately notify us through support@ankurplus.com for any unauthorised use of your password or account of any other breach of security.
  • The Platform reserves the right to suspend or terminate accounts for violations of these Terms.
  • Your use of the platform is for lawful purposes and complies with all laws applicable in the relevant jurisdiction.
  • You agree not to use the platform in any manner that could disable, overburden or impair the Site.
  • You agree not to use data mining robots, or similar data gathering and extraction tools that would interfere with or attempt to interfere with the Platform through technical means , including without limitation, sending a virus or DDos attacks.
  • You agree not to collect, transmit, store or otherwise process any personally identifiable information from or through the Platform related to other individuals in violation of the individual’s privacy rights
  • You agree not to engage in any conduct that restricts or inhibits anyone’s use of the Platform.
  • You agree not to comment, upload or share any content which is unacceptable and contrary to the public interest, public morality, public order, public and national security, or any prohibited matter according to any laws, regulations, procedures or requirements applicable in India or your respective jurisdiction or that would give rise to civil liability.
  • You agree not to infringe any proprietary rights including Intellectual Property rights of the Platform or any other party.

6. Transactions and Payments

6.1 Role of the Platform

The Platform functions exclusively as a facilitator for transactions between Buyers and Sellers. It does not assume financial liability for disputes or ownership of products.

6.2 Payment Gateways

Transactions are processed through third-party payment gateways. Sellers agree to the terms and policies of these gateways. The Platform is not liable for any issues arising from payment processing. The Sellers are advised to go through the terms and conditions of these gateways before signing up with the Platform.

6.3 Fees and Charges

  • Sales commissions, subscription fees, and other applicable charges will be deducted or invoiced as per the agreed terms.
  • Sellers will be informed of applicable charges before availing of services.

7. Transport Assistance

7.1 The Platform provides transport assistance services to facilitate the movement of saplings or agricultural products from Sellers to the Buyers. This service is arranged through third-party transporters ("Transporters") contracted by the Platform and is offered on a case-by-case basis and subject to availability.

The Platform merely facilitates the service and neither does it guarantee transporter performance, timeliness or quality of service nor does the Platform directly owns or operates the transport vehicles.

7.2 Transport guidelines for Nurseries:

The Sellers must comply with the Platform’s transport guidelines, which include:

  • Preparation of Goods: Sellers must ensure that all products are appropriately packaged and prepared for safe transport. The packaging must be sufficient to prevent damage during transit. Any damage resulting due to bad packaging, shall be the responsibility of the Seller/s.
  • Accurate Information: Sellers are responsible for providing complete and accurate information about the products, including weight, volume, storage requirements and any special handling requirements to the transporter. It is not the Platforms liability to provide such information to the Transporters.
  • Timely Handover: The Sellers must ensure the products are ready for pickup at the agreed time and location. Delays caused by the Sellers may incur additional charges or cancellation of the transport service, the cost of which, shall be solely borne by the Sellers.
  • Compliance with local transportation regulations and any additional requirements outlined by the Platform.

7.3 Liability for Damage

  • Damage caused to products during transport will be assigned as follows:
    • Seller’s Liability: For improper packaging or untimely preparation for transport.
    • Buyer Liability: For damage occurring after delivery.
    • Transporter Liability: For damage due to mishandling during pick up and transit, until Delivery.
  • The Platform is not responsible for any damages or disputes related to transport. The Platform will assist in resolving disputes related to transport by connecting the transporter with the Seller, but does not assume liability for damage or delays caused by the Transporter or the Seller.

8. Warehousing assistance

8.1 The Platform may offer warehousing assistance to Sellers to store their products (e.g., saplings, seeds, or other agricultural produce) that are listed for sale on the Platform.

8.2 This service is designed to provide secure, climate-controlled storage and logistical convenience for the Sellers to ensure the availability of their products for Buyers.

8.3 Warehousing assistance is available only for products actively listed for sale on the Platform.

8.4 The Platform reserves the right to decline warehousing requests for items that do not meet its storage standards, such as perishable goods without proper packaging or goods that require special storage conditions beyond the Platform’s capabilities. Any loss resulting from such refusal shall not be borne by the Platform or its related entities and persons.

8.5 The Platform may provide secure and organized storage for the products at its warehouse. Products will be stored in conditions suitable for their nature, as per the details provided by the Seller. If such services are provided, the Platform does not assume any risk of loss, damage, or deterioration of products while stored in the warehouse, except in cases of gross negligence or wilful misconduct by the Platform.

8.6 The Platform may maintain an inventory record for all stored products and make this information accessible to the Seller through their account on the Platform. Products may be stored in the warehouse for a limited duration as agreed upon with the Sellers. The Platform reserves the right to request removal or return of products if the agreed storage period expires.

If products remain unclaimed or unsold after the storage term, the Platform reserves the right to dispose of the products at its discretion, with prior notice to the Seller.

8.7 The Platform may conduct periodic inspections of stored products and notify the Seller of any observed issues, such as spoilage or damage. Upon receiving such information the Seller must make efforts to replace the spoilt or damaged product within a reasonable period of time in order to meet demand or request removal of listing of that product from the Platform.

8.8 The ownership of the products remains with the Seller at all times. The Platform does not assume ownership or title of any goods, if they are stored in its warehouse.

8.9 If the services are provided, the Platform will charge a warehousing fee based on the volume, type of goods, and duration of storage. These charges will be communicated to the Seller in advance.

8.10 Payment for warehousing services must be made in accordance with the terms specified by the Platform, provided such services are being offered by the Platform.

8.11 If the Services are provided, the Platform is not liable for any damage, loss, or deterioration of products due to inherent product defects, improper packaging by the Seller, or factors beyond the Platform’s control (e.g., natural disasters).

8.12 The Seller is responsible for all damages caused by the products, if stored in the warehouse, to other goods stored at the facility or to third parties due to negligence, improper packaging, or non-compliance with applicable laws.

8.13 The Seller is solely responsible for arranging appropriate insurance coverage for their products, including protection against theft, damage, or spoilage and encouraged to arrange for insurance coverage for high-value or perishable goods stored in the warehouse, in the event the warehousing services are provided and the Seller’s goods are stored in the warehouse.

8.14 If the services are provided, the Platform does not provide insurance unless explicitly agreed upon. Sellers acknowledge and agree that they store products at their own risk. The Platform does not provide insurance coverage for goods stored in the warehouse.

8.15 The Platform is not liable for undetected or latent issues in the products.

8.16 Limited Liability of the Platform: The Platform’s total liability for any claims arising from warehousing services shall not exceed the amount of fees paid by the Seller for such services in the preceding one (1) month.

9. Listings and Content

9.1 Accuracy of Listings and the Platform’s responsibility

  • Nurseries represent and warrant that all listings are accurate, complete, and lawful. The Platform does not assume liability for the information provided by the User and shall treat the same on an “as is” or “as provided” basis.
  • Misleading or fraudulent listings will be removed, and the Seller’s account may be suspended or terminated.

The Platform is not obligated to monitor access to or use of the Platform or to review or edit any content. However, we have the right to do so for the purpose of operating the Site, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. You agree and confirm that the Platform holds the right to retract any listing if they feel it comprises content that is derogatory or misleading or has created an impression that is derogatory in nature. You agree that any such withdrawal and/or retraction does not give you the right of any action against the Platform.

9.2 Intellectual Property

  • Users must ensure to not infringe on intellectual property rights of third parties when creating listings.
  • The Platform reserves the right to remove content that violates intellectual property laws or these Terms, on their own accord or upon receiving intimation from the rights owner.

By creating a listing, you agree that the Platform has the right (but not the obligation) to copy, publish, distribute, reproduce, communicate, perform, create derivative works, or use such information in the listing for any purpose, including, but not limited to, advertising, promotional, product development, legal, regulatory or government related purposes or other commercial purposes, without compensation to you or to any other person. You are and shall remain the owner of such content and are solely responsible for the content in the listing.

The content available on the Platform is protected by local and international copyright and trademark laws. The content on the Platform is published in real-time and cannot be modified and copied, reproduced, republished, framed, uploaded to a 3rd party, posted, transmitted or distributed in any way except when authorised in writing by the Platform upon receipt of a request.

9.3 Compliance Requirements for Nurseries

Nurseries/Users must meet the following compliance requirements before listing their products on the Platform:

  • Obtain all necessary licenses and permits to operate a Seller in their jurisdiction.
  • Ensure compliance with applicable laws regarding the sale of plants, seeds, and agricultural produce.
  • Adhere to environmental regulations and sustainable practices, such as proper waste management and restricted pesticide use.
  • Maintain accurate records of their produce, including certifications for disease-free and pest-free status, if applicable.
  • Provide truthful and accurate descriptions of their product listings on the Platform, including quality, variety, and origin.
  • Ensure their operations are in line with any regional or national trade policies.
  • Comply with the Platform’s transport guidelines to ensure safe and timely delivery of products.

10. Refunds

10.1 Refunds for Sellers purchasing Agri-Inputs from the Platform

  1. Before Dispatch of an order: Orders can be cancelled anytime with a full refund to the Seller.
  2. Post Dispatch of an order: Delivery costs and a cancellation penalty will be levied.
  3. After Delivery: Once an order is delivered, returns are at the discretion of the Platform based on mutual discussion.
  4. Damaged Products: Replacement or return can be requested through the Platform from the Seller.

Our FAQ section, which is accessible through the app, provides additional information regarding the refund process.

10.2 Refunds for Buyers Buying from Sellers through the Platform

  • Orders can be cancelled within 12 hours of placing the order.
  • Once dispatched, orders cannot be cancelled.
  • After delivery, if the products are of inferior quality, the Seller/s must take the product back and refund the full amount to the Buyer. Any disputes must be resolved directly between the Seller and the Buyer.
  • The Seller shall provide an acknowledgement to the transporter regarding the fitness and quality of the product being sent to the Buyer.
  • When transport is facilitated by the Seller or a third party arranged via the Platform, the Buyer is obligated to inspect the products at the time of delivery at the designated location.
  • Acceptance of the products at the delivery location, either verbally or in writing, signifies that the products meet the agreed-upon specifications and quality standards. Once accepted at the delivery location, the products shall not be eligible for returns, replacements, or any further claims related to quality or fitness of the product.
  • In cases where the Buyer identifies an issue with the products during inspection at the delivery location and refuses acceptance, the Buyer must immediately notify the Seller via the Platform.
  • The Seller shall bear the costs of reverse logistics for rejected products if the rejection is on account of lack of quality of the products and occurs at the delivery location.
  • No reverse logistics or related claims will be entertained once the Buyer has accepted the products at either the Seller or delivery location.
  • Timeframe for Inspection:
    1. The Buyer must conduct the inspection promptly upon receipt of the products, and any concerns or issues must be raised within 24 hours of delivery.
    2. Failure to inspect and raise concerns within the stipulated timeframe will be deemed as acceptance of the products.
  • Exclusions: Products will not be eligible for returns or replacements due to natural variations inherent to live plants or perishable goods unless there is evidence of damage or defects caused by improper handling during transport arranged by the Seller or its third-party providers.

11. Incentives, Discounts, and Penalties

11.1 Seller Rewards

  • Sellers can utilize up to [X]% of the points credited to their wallet for the purchase of Agri-inputs through the Platform.

11.2 Discounts to Sellers

  • Discount coupons and promotional codes may be offered to Sellers for purchasing Agri-inputs through the Platform.

11.3 Discounts to Buyers

  • Sellers may provide discount coupons and promotional offers to Buyers for purchases made on the Platform.

11.4 Penalties

  • Failure to adhere to the Platform’s guidelines, including compliance and quality standards, may result in a drop in Seller’s Ratings.
  • Persistent non-compliance or quality issues may lead to temporary suspension or permanent removal from the Platform.

12. Reporting Violations

Violations of these Terms & conditions can be reported to support@ankurplus.com.

13. Limitation of Liability

13.1 Platform’s Role

The Platform is not liable for:

  • The quality, safety, or legality of listed products.
  • Disputes arising between Buyers and Sellers.
  • Delays or issues in payments processed through third-party gateways.
  • Damage during transport facilitated by third-party transporters.

14. Indemnity

The Sellers agree to indemnify and hold harmless the Platform, its affiliates, and employees from claims, damages, liabilities, or expenses arising from:

  • Seller’s breach of these Terms.
  • Any claims or demands made by third parties due to or arising from the Seller’s use of the Platform.
  • Issues arising from listed products or transactions, in particular the Seller’s violation of any provisions in these Terms, including any warranties, representations, or undertakings.
  • Seller’s use of our Platform, including but not limited to the content you post, or trademarks that infringe on third-party Intellectual Property Rights, or if your content is slanderous, defamatory, obscene, or violate the rights (including privacy rights) of any third party (including other Platform users).
  • Seller’s use of the Platform through Virtual Private Networks (VPNs) for accessing the Site in jurisdictions where the Platform is not accessible or permitted.

15. Limitation of Liability

In no event shall the Platform be responsible for any direct, indirect, special, incidental or consequential loss or damage, including without limitation, loss or damage by way of loss of profits, loss of business opportunity, business interruption or loss of information, however arising and whether in contract or otherwise, which you may suffer in connection with or arising out of (a) your use of the Platform or any linked website; or (b) your use of or reliance on information or any other material accessed through the Platform including via any linked website or (c) content submitted by you on the Platform.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE PLATFORM’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE EXCEED THE AMOUNTS OF INR 5000 (Indian Rupees Five Thousand only)

16. Equitable Relief

The Sellers acknowledge that any violation of these Terms will result in irreparable harm for which damages would not be an adequate remedy. Therefore, in addition to other rights and remedies otherwise available at law, we will be entitled to seek immediate equitable relief, including injunctive relief, as appropriate. If the Platform seeks any equitable remedies, we will not be precluded or prevented from seeking remedies at law, nor will we be deemed to have made an election of remedies. These remedies are in addition to any other remedies we may have at law or in equity.

17. Third Party Rights

A person who is not a party to these Terms has no rights to enforce any of its Terms.

18. Relationship between Nurseries and Platform

Nothing contained in these Terms will be deemed or construed by the parties or any third party to create the relationship of partnership, joint venture or agency between the parties, it being understood that the parties will at all times remain independent parties.

19. Exclusivity

The Seller/s agree that these terms and conditions do not create an exclusive relationship between them and the Platform and that the Platform can have other Sellers list their products on the Platform.

20. Termination

The Platform reserves the right to terminate or suspend access for users who violate these Terms or engage in activities harmful to the Platform’s integrity.

21. Governing Law

These Terms are governed by the laws of India. By using or accessing this Platform, you consent to the exclusive jurisdiction of the onshore courts of Bangalore, India for any action or dispute arising from these Terms of Use. If any portion of these Terms of Use is deemed unlawful, void, or unenforceable, then that part shall be deemed severable and shall be construed in accordance with applicable law. Such a term will not affect the validity and enforceability of any remaining provisions. The Platform’s failure to act with respect to a breach of these Term by you or others does not constitute a waiver and shall not limit the Platform’s rights with respect to such breach or any subsequent breaches.

22. Audit Rights:

  1. The Platform (Aggregator) reserves the right to conduct audits, either directly or through authorized representatives, of the Sellers operations, processes, and records that relate to the sale of products on the Platform.
  2. The audit may include, but is not limited to:
    1. Verification of product quality, packaging, and labeling standards.
    2. Compliance with the Platform’s terms, conditions, and applicable policies.
    3. Review of records related to inventory, order fulfillment, and customer feedback.
  3. The Seller agrees to provide reasonable access to its premises, records, and personnel required to conduct such audits during regular business hours, with prior notice of at least 2 days unless an urgent issue necessitates immediate access.

23. Amendments and Entire Agreement

  1. The Platform reserves the right to amend these Terms at its discretion. Users will be notified of significant changes.
  2. These Terms (together with the documents referred herein) constitute the entire and exclusive agreement between you and the Platform and its services, superseding any prior or contemporaneous communications, agreements, and proposals (whether oral or written) between you and the Platform and its services.

24. Contact Information

For questions or support,contact us at support@ankurplus.com.