TERMS & CONDITIONS OF SALE

    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, Jagtap Nursery offer of products for purchase on this Website, or your purchase of products available on this Website. Jagtap Nursery reserves the right to make changes to this Site and to these Terms of Use at any time without prior notice. You should review these Terms of Use each time you access this Site.

    I. 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. You agree that you are responsible for protecting your password and controlling access to your registered account. You agree that you will be responsible for all orders placed or other actions that are taken through your registered account.

    Transfer of Title. You agree that the shipping terms for all products are ex-farm (unless specifically stated in the product description) and ownership transfers to you upon loading. This means that the risk of loss and title for such items pass to you upon our packing and loading onto the logistics vehicle. We encourage you to check the products at the time of loading. Waiver of this right to check products will be deemed as acceptance.

    Customer Solicitation: Unless you notify us of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails from Jagtap Nursery. You also agree that we may provide all legal communications and notices to you electronically by posting them on our website or, at our election, by sending an e-mail to the e-mail address you provided to us when you registered at our website. You may withdraw your consent to receive communications from us electronically by contacting us.

    Tax. If you purchase any products, you will be responsible for paying any applicable sales or other tax.

    II. WEBSITE

    Content; Intellectual Property; Third Party Links. In addition to making products available, this website also offers information and marketing materials. The content on this website is protected by intellectual property laws of the India, foreign nations, and international bodies. Unauthorised 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, non-commercial use. Any links to third-party websites are provided solely as a convenience to you. Jagtap Nursery 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. Jagtap Nursery is not responsible for any damages resulting from 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 transmission of spam, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the website.

    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, non-commercial, 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 Jagtap Nursery.

    III. 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. JAGTAP NURSERY. 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, JAGTAP NURSERY. MAKES NO WARRANTY: 

  • THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY. 
  • THAT THE LINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY. 
  • NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. 
  • 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.


IV. LIMITATION OF LIABILITY

In no event shall Jagtap Nursery or its suppliers, vendors, officers, directors, or employees be liable for any special, incidental, indirect, or consequential damages of any kind, or for any damages whatsoever resulting from loss of use, data, or profits, whether or not Jagtap Nursery has been advised of the possibility of damage, arising out of or in connection with the use or performance of the site or of failure to provide products or services that you order from Jagtap Nursery or its affiliates, including without limitation, damages arising from mistake, omission, force majeure events, delay, or interruption of service. In no event shall Jagtap Nursery be liable or responsible for any damages or consequences arising from or related to your inappropriate or unauthorised use of this site or its content. In no event shall Jagtap Nursery be responsible for any delays/damages occurred during transit of shipments.

V. INDEMNIFICATION

You will release, indemnify, defend and hold harmless Jagtap Nursery, 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; (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to Jagtap Nursery. You will have sole responsibility to defend against any claim, but you must receive Jagtap Nursery’s 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.

 VI. GENERAL

Force Majeure. Jagtap Nursery 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, labour strike, lockout, pandemic or boycott.

Effect of Waiver. The failure of Jagtap Nursery 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 endeavour 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 Agreement will be governed by the laws of the State of Maharashtra, India. By using this website or ordering products, you consent to the jurisdiction and venue of the courts in Pune, Maharashtra in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement.

Assignment. You may not assign your rights and obligations under this Agreement to anyone. Jagtap Nursery may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.

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