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Conditionsgénéralesd'utilisation

1. Introduction & Acceptance

1.1. These Terms and Conditions ("Terms") constitute a legally binding agreement between the User and AgriGuru Online Trade Private Limited ("Company", "we", "our", "us").

1.2. By accessing, registering for, or using the Platform, the User acknowledges and expressly agrees to comply with these Terms in their entirety, including any amendments issued by the Company from time to time.

1.3. Users who do not agree to these Terms are prohibited from accessing or using the Platform.

1.4. These Terms apply to all Users, including Importers, Exporters, and Service Providers, irrespective of their method of registration or membership level.


2. Definitions

2.1. "Company" means AgriGuru Online Trade Private Limited, including its affiliates, subsidiaries, directors, officers, employees, agents, and authorized representatives, which owns and operates the Platform.

2.2. "Platform" means the Company's website, applications, software systems, dashboards, databases, tools, and all associated digital infrastructure made available under the brand "AgriGuru Online."

2.3. "User" means any natural or legal person accessing or using the Platform in any capacity, including a Buyer/Importer, Seller/Exporter, Service Provider, Membership Subscriber, or Guest Visitor.

2.4. "Services" means the digital tools and features offered on the Platform, including commodity pricing, freight information, market insights, Smart Documentation Services, analytics, dashboards, communication tools, and membership-based access to premium functionalities. The Services are strictly limited to digital facilitation and information support.

2.5. "Membership Plans" means the subscription tiers offered by the Company — including Silver, Gold, and Platinum — each providing distinct access rights and benefits as listed on the Platform.

2.6. "Service Provider" means any third-party entity listed on the Platform offering ancillary services such as freight forwarding, inspection, insurance, logistics, certification, testing, or analytics.

2.7. "Content" means all data, information, text, software, reports, documents, pricing, insights, images, or materials displayed or transmitted through the Platform by the Company, Users, or Service Providers.

2.8. "Applicable Law" means all statutes, regulations, rules, directives, notifications, and judicial orders of India or any other relevant jurisdiction governing the use of the Platform.


2.9. Facilitator Status & Inventory Disclaimer

2.9.1. The Company functions solely as a digital intermediary facilitating information access, documentation tools, and service listings.

2.9.2. The Company does not own, possess, sell, purchase, resell, store, or control any agricultural commodities or inventory displayed on the Platform.

2.9.3. All commercial discussions, contracts, shipments, and payments are conducted exclusively between Users, and the Company bears no involvement, responsibility, or liability for such transactions.

2.9.4. The Company does not provide payment processing, escrow, brokerage, commissions, financial intermediation, or performance guarantees of any kind.

2.9.5. This clause is fundamental for regulatory compliance and shall survive the termination of these Terms.


3. Eligibility and Access

3.1. Access to the Platform is permitted only to individuals who are at least 18 years of age and possess full legal capacity to contract under the laws of India, and to business entities duly authorized to operate and enter into binding agreements.

3.2. By using the Platform, the User represents and warrants that they satisfy all applicable legal eligibility requirements.

3.3. Access to certain features — including but not limited to Verified Member status, inquiry services, and offer-related functionalities — shall require successful and continuous KYC verification in accordance with the Company’s policies and applicable legal requirements.

3.4. The Company reserves the absolute right, at its sole discretion, to deny, restrict, suspend, or revoke any User’s access to the Platform at any time, with or without prior notice, and without assigning any reason or incurring any liability.


4. Account Registration & User Compliance

4.1. To access certain Services, Users must register an account and provide accurate, complete, and up-to-date information at all times.

4.2. Users are solely responsible for the confidentiality of their login credentials and for all activity conducted under their account. The Company shall not be liable for any loss arising from unauthorized access due to the User’s negligence or disclosure.

4.3. Users shall not:

(a) provide false, misleading, or fraudulent information;

(b) impersonate any person or entity or misrepresent their affiliation;

(c) use the Platform for unlawful, fraudulent, or prohibited purposes;

(d) share, transfer, rent, or assign their account without the Company’s prior written consent.

4.4. Users must comply with all applicable laws, regulations, and quality standards, including but not limited to FSSAI, the Essential Commodities Act, Legal Metrology, export controls, and trade compliance obligations.

4.5. Users are prohibited from:

(a) engaging in illegal activities or listing, selling, or promoting restricted goods;

(b) using, selling, or distributing counterfeit, adulterated, sub-standard, or misbranded products;

(c) violating statutory quality, safety, labeling, packaging, or licensing requirements.

4.6. Sellers must ensure that all product descriptions, specifications, origin details, and quality declarations are true, accurate, complete, and compliant with applicable laws and standards.

4.7. Users shall not compromise the Platform’s security, transmit harmful code, attempt unauthorized access, or infringe upon the Company’s or third parties’ intellectual property, proprietary, or privacy rights.

4.8. The Company reserves the right to suspend, restrict, or terminate any account, with or without notice, for violations of these Terms, unlawful activity, regulatory non-compliance, or misuse of the Platform, and may pursue legal or remedial actions as appropriate.


5. Services and Information

5.1. The Platform may, at the Company’s discretion, provide Users with access to, among other offerings, product pricing, indicative freight rates, market intelligence, digital documentation, and trade inquiry facilitation (collectively, the “Services”).

5.2. All information made available through the Platform is provided solely for informational, transactional-support, and facilitative purposes and shall not be construed as binding advice, representation, warranty, or assurance of any nature.

5.3. The Company reserves the right, at its sole discretion and without prior notice, to modify, suspend, discontinue, or withdraw any feature, functionality, or Service offered through the Platform, in whole or in part.

5.4. Users acknowledge and agree that the Company shall have no control over, and shall bear no responsibility for, the content, accuracy, or legality of any websites, portals, services, or information provided by third parties, and the Company expressly disclaims any liability arising from reliance upon such third-party content or Services.

5.5. The Company does not guarantee the display of all chart data. The information provided may be limited, incomplete, or subject to availability.


6. Data Privacy & Protection

6.1. AgriGuru Online is committed to safeguarding user privacy and shall not disclose, share, or distribute any Importer or Exporter information to other users or unauthorized third parties, except where required under applicable law or lawful regulatory process.

6.2. The Platform collects and processes only such personal and business information as is necessary for legitimate operational purposes, including but not limited to name, email address, business details, platform usage data, and device identifiers.

6.3. All data processing activities are conducted in compliance with the Digital Personal Data Protection Act, 2023 (India), GDPR (EU), CCPA (California), PIPEDA (Canada), and other applicable data protection laws, adhering to principles of lawful, fair, transparent, and purpose-limited processing.

6.4. User data is utilized strictly for Platform operations, Smart Documentation services, analytics and performance insights, and compliance with statutory or regulatory obligations. No processing shall occur beyond these stated purposes unless mandated by law.

6.5. AgriGuru Online implements commercially reasonable administrative, technical, and organizational safeguards to ensure the security, confidentiality, and integrity of user data in accordance with industry standards and legal requirements.

6.6. Subject to applicable law, Users retain the right to request access, correction, erasure, restriction of processing, or withdrawal of consent regarding their personal data. The Platform shall respond to such requests within legally prescribed timelines.


7. Commercial Transactions & Payments

7.1. The Company acts solely as a digital intermediary and shall not be a party to, or assume any liability for, any transaction, contract, or commercial engagement between Users or with third parties via the Platform.

7.2. All obligations relating to such transactions, including payment, delivery, regulatory compliance, and dispute resolution, rest solely with the parties involved.

7.3. Payments on the Platform are facilitated exclusively through third-party gateways, subject to their terms, conditions, and applicable RBI regulations. The Company is not a bank or financial institution and does not hold or manage User funds.

7.4. Payment data is processed by the third-party gateway in compliance with PCI-DSS standards. The Company shall not store, transmit, or be liable for such sensitive information.

7.5. Users acknowledge that the Company bears no liability for any loss, damage, or claim arising from commercial transactions or payment processing.


8. Refunds, Cancellations & Trade Facilitation

8.1. The Platform provides subscription-based Membership Plans (Silver, Gold, Platinum) with distinct features. Users are solely responsible for selecting the appropriate plan. All fees are payable in advance and are non-refundable, except as expressly permitted by law or by the Company. For detailed terms, refer to the separate Refund & Cancellation Policy.

8.2. Cancellations take effect at the end of the current billing cycle. Upgrades take effect immediately upon payment of the differential fee; downgrades apply from the next billing cycle. No pro-rata or early refunds are permitted.

8.3. Sellers/Traders listed on the Platform are solely responsible for product quality, timely delivery, and any warranties or guarantees. The Company’s role is strictly limited to digital trade facilitation and does not assume liability for any transaction, product, or dispute arising between Users.

8.4. The Company reserves the right to modify, suspend, or discontinue any plan, feature, or service at its discretion. Continued use of the Platform constitutes acceptance of such changes.


9. Intellectual Property

9.1. All intellectual property rights in the Platform, including but not limited to trade names, logos, trademarks, service marks, software, databases, AI models, proprietary research, and any content or materials made available by the Company, remain the exclusive property of AgriGuru Online Trade Private Limited.

9.2. By submitting content to the Platform, Users grant the Company a worldwide, royalty-free, non-exclusive, transferable license to use, display, reproduce, distribute, modify, and create derivative works from such content solely for operating, promoting, and improving the Platform and its Services.

9.3. Nothing in these Terms shall confer on Users any ownership, right, title, or interest in the Company’s intellectual property. Users shall not copy, reproduce, distribute, modify, publicly display, or otherwise exploit the Company’s intellectual property without prior written consent.


10. Limitation of Liability

10.1. The Platform and all content, data, and services made available therein are provided on an "as is" and "as available" basis.

10.2. To the fullest extent permitted under applicable law, the Company expressly disclaims all warranties, representations, and liabilities, whether express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, accuracy, completeness, reliability, or uninterrupted availability.

10.3. The User acknowledges and agrees that they shall be solely responsible for any reliance upon or use of the information, data, or Services accessed through the Platform, and that the Company shall not be liable for any loss, damage, or consequences arising therefrom.


11. Indemnity

11.1. The User undertakes to fully indemnify, defend, and hold harmless the Company, its affiliates, directors, officers, employees, and agents from and against any and all claims, demands, actions, liabilities, damages, losses, costs, or expenses, including reasonable legal fees, arising out of or in connection with the User’s access to or use of the Platform, any breach of these Terms and Conditions, or any violation of applicable law.

11.2. Without limiting the generality of the foregoing, the User shall be solely responsible for any actions or content that threaten the unity, integrity, defense, security, or sovereignty of India, undermine friendly relations with foreign states, disrupt public order, incite the commission of any cognizable offence, obstruct the investigation of any offence, or insult any other nation.


12. Grievance Redressal, Suspension & Termination

12.1. The Company shall appoint a Grievance Officer, whose contact details shall be published on the Platform. The Grievance Officer shall acknowledge complaints within 48 hours and resolve them within 30 days, in accordance with Applicable Law.

12.2. Users may submit grievances relating to Platform use, data protection, or service issues through the designated channels.

12.3. The Company may, at its sole discretion and without prior notice, suspend, restrict, or terminate a User’s access for any breach or suspected breach of these Terms, unlawful or unauthorized activity, or to comply with legal or regulatory requirements.

12.4. Upon suspension or termination, all rights granted to the User shall immediately cease, and no compensation or refund shall be payable.

12.5. The Company may report unlawful activities to the appropriate authorities where required.


13. Governing Law & Jurisdiction

13.1. These Terms shall be governed by and construed exclusively in accordance with the laws of India.

13.2. All disputes arising out of or in connection with the Platform or these Terms shall be subject to the exclusive jurisdiction of the courts of Ahmedabad, Gujarat, India.

13.3. The User irrevocably waives any objection to such jurisdiction, including objections based on improper venue or forum non conveniens.


14. Miscellaneous

14.1. If any provision of these Terms and Conditions is determined to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed and the remaining provisions shall continue in full force and effect.

14.2. No waiver, forbearance, or failure by the Company to enforce any right, remedy, or provision under these Terms shall be deemed to constitute a waiver of any subsequent breach, default, or exercise of such rights or remedies.

14.3. These Terms and Conditions constitute the entire agreement between the User and the Company with respect to access to and use of the Platform, and supersede and extinguish all prior or contemporaneous understandings, representations, agreements, or communications, whether oral or written, relating thereto.