legal rights, so please read them carefully. Note that Section 13 of these
Terms contains a mandatory arbitration provision that requires the use of
arbitration on an individual basis and limits the remedies available to you in
the event of certain disputes for future and past transactions.
By accessing or using the websites,
mobile applications or blogs (collectively, the “Sites”) provided by Badikheti Agrolinks
“we,” “us” or “our”)
that link to these Terms, you agree to be bound by these Terms and all of the
terms incorporated herein by reference. If you do not agree to these Terms, you
may not access or use the Sites or order, receive or use products made
available through the Sites (collectively, the “Products”).
These Terms do not alter in any way the
terms or conditions of any other agreement you may have with us in respect of
any products, services or otherwise. If you are using the Sites on behalf of
any entity, you represent and warrant that you are authorized to accept these
Terms on such entity’s behalf and that such entity agrees to
be responsible to us if you or such entity violates these Terms.
Badikheti reserves the right to change or
modify these Terms at any time and in our sole discretion. If we make changes
to these Terms, we will provide notice of such changes, such as by sending an
email notification, providing notice through the Sites or updating the “Last Updated” date at the beginning of
these Terms. By continuing to access or use the Sites or order, receive or use
Products, you confirm your acceptance of the revised Terms and all of the terms
incorporated therein by reference. We encourage you to review the Terms
frequently to ensure that you understand the terms and conditions that apply
when you access or use the Sites or order, receive or use the Products. If you
do not agree to the revised Terms, you may not access or use the Sites or
order, receive or use the Products.
information about how we collect, use and disclose information about you.
The Sites are not targeted
toward or intended for use by anyone under the age of 18. By using the Sites,
you represent and warrant that you (a) are 18 years of age or older, (b) are a
legal resident of the India, (c) have not been previously suspended or removed
from the Sites, or engaged in any activity that could result in suspension or
removal from the Sites, (d) do not have more than one Badikheti account, and
(e) have full power and authority to enter into these Terms and in so doing
will not violate any other agreement to which you are a party.
REGISTRATION, ACCOUNT AND COMMUNICATION PREFERENCES
In order to access and use
certain areas or features of the Sites, you will need to register for a
Badikheti account. By creating an account, you agree to (a) provide accurate,
current and complete account information, (b) maintain and promptly update from
time to time as necessary your account information, (c) maintain the security
of your password and accept all risks of unauthorized access to your account and
the information you provide to us, and you agree to accept responsibility for
all activities that occur under your account or password and (d) immediately
notify us if you discover or otherwise suspect any security breaches related to
the Sites or your account.
When you create your Badikheti
account you may be asked for your home telephone and cellular telephone number
so that we may contact you regarding important information about your service
and account, and to provide special offers to our customers. By providing your
home and/or mobile telephone numbers you consent to receive autodialed and/or
pre-recorded calls (or text messages if you provide your mobile telephone
number) from or on behalf of Badikheti regarding important information about
your service and account, and to provide special offers to our customers to the
telephone number(s) provided.
If you would like to receive
mobile text reminders to customize your order/deliveries, you may subscribe to
automated text alerts. Automated text alerts are optional and can be changed
anytime in your online account or by texting STOP. Reply HELP for help.
Frequency: 1-2 text reminders per delivery. Message and data rates may apply.
Carriers are not liable for delayed or undelivered messages.
By creating a Badikheti account,
you also consent to receive electronic communications from Badikheti (e.g., via
email or by posting notices to the Sites). These communications may include
notices about your account (e.g., payment authorizations, password changes and
other transactional information) and are part of your relationship with us. You
agree that any notices, agreements, disclosures or other communications that we
send to you electronically will satisfy any legal communication requirements,
including, but not limited to, that such communications be in writing. You
should maintain copies of electronic communications from us by printing a paper
copy or saving an electronic copy. We may also send you promotional
communications via email, including, but not limited to, newsletters, special
offers, surveys and other news and information we think will be of interest to
you. You may opt out of receiving these promotional emails at any time by
following the unsubscribe instructions provided therein.
[VERIFY WHETHER WE WILL HAVE IT...THOUGH IT IS A GOOD IDEA]
You have the ability to purchase subscriptions for other people through the
Sites through Gift Cards (“Gifts”).
When you purchase a Gift, we will send an
email to the Gift recipient that can be used to redeem the Gift. The Gift
recipient will be required to create a Badi Kheti account which includes
placing a credit card on file in order to access the Sites and redeem the Gift.
Gifts are not refundable or redeemable for cash, unless otherwise required by
applicable law. However, Gifts do not expire, and any unused balance will be
placed in the Gift recipient’s Badi Kheti account.
4.2 Free Trials
From time to time, to the extent legally permitted, we may offer free trials of
certain subscriptions for specified periods of time without payment that you
may sign up for. If we offer you a free trial, the specific terms of your free
trial will be provided in the marketing materials describing the particular
trial or at registration. However, a Badikheti account, which includes placing
a credit card on file in order to access the Sites, will be required.
IF YOU SIGNED UP FOR SUCH A FREE TRIAL, ONCE
YOUR FREE TRIAL ENDS, WE (OR OUR THIRD-PARTY PAYMENT PROCESSOR) WILL BEGIN
BILLING YOUR DESIGNATED PAYMENT METHOD ON A RECURRING BASIS FOR YOUR
SUBSCRIPTION (PLUS ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR
SUBSCRIPTION CONTINUES, UNLESS YOU CANCEL YOUR SUBSCRIPTION PRIOR TO THE END OF
YOUR FREE TRIAL. INSTRUCTIONS FOR CANCELING YOUR SUBSCRIPTION ARE DESCRIBED
ABOVE. PLEASE NOTE THAT YOU WILL NOT RECEIVE A NOTICE FROM US THAT YOUR FREE
TRIAL HAS ENDED OR THAT THE PAID PORTION OF YOUR SUBSCRIPTION HAS BEGUN. WE
RESERVE THE RIGHT TO MODIFY OR TERMINATE FREE TRIALS AT ANY TIME, WITHOUT
NOTICE AND IN OUR SOLE DISCRETION.
4.3 Payment and Billing Information
By providing a credit card or other payment method that we accept, you
represent and warrant that you are authorized to use the designated payment
method and that you authorize us (or our third-party payment processor) to
charge your payment method for the total amount of your subscription or other
purchase (including any applicable taxes and other charges) (collectively, as
applicable, an “Order”). If the payment method cannot
be verified, is invalid or is otherwise not acceptable, your Order may be
suspended or cancelled. You must resolve any problem we encounter in order to
proceed with your Order. In the event you want to change or update payment
information associated with your Badikheti account, you can do so at any time
by logging into your account and editing your payment information.
4.4 Pricing and Availability
All of our Products are subject to availability, and we reserve the right to
impose quantity limits on any Order, to reject all or part of an Order, to
discontinue offering certain Products and to substitute Products (including,
but not limited to, specific produce items) without prior notice. We strive to
provide you with high-quality Products, and given the perishable nature of
certain Products and market conditions beyond our control, we may be required
to make substitutions from time to time. If you are not
satisfied with a substitution, please contact [email protected]
If you add extra produce items
and go over your subscription price, you will pay the displayed Market Specials
price, which is a discounted price, on the extra produce items in addition to
your subscription amount.
Market Special items swapped
into your base subscription will no longer maintain the Market Special price.
Only all produce items purchased in addition to or above your minimum
subscription amount will be charged at displayed Market Special pricing.
You are responsible for inspecting all Products you receive
from us for any damage or other issues upon delivery. In addition, you are
solely responsible for determining the freshness of the Products you receive.
You should always inspect your delivery to confirm that the Products arrive in
a cool condition. To maintain the quality and integrity of the Products, we
recommend that you immediately maintain the said temperature for all perishable
Products upon delivery and follow the standard instructions on product safety.
From the time of delivery, the condition and usage of the Products are solely
at your risk, and you are solely responsible for the proper and safe washing,
handling, preparation, storage, use of the Products following delivery. We
recommend that you follow the standard instructions on safe product handling.
Failure to follow safe product handling practices and temperature
recommendations may increase the risk of plant or crop illness.
Our delivery person
will leave the package for you at your door during our normal delivery hours
(home: night delivery between 8 pm and 8 am, and office: day delivery between 8
am and 5pm). Depending on the season and temperature in your geographic area at
the time of delivery, advance planning by you should be made for proper storage
of your products prior to usage.
In the case of inclement weather
or other events beyond our control that interfere with our ability to deliver
your Order, we will attempt to deliver your Order as soon as reasonably
possible. In some cases, delivery may occur prior to the scheduled delivery
date. In the event that timely delivery of your Order is not feasible, we will
cancel your Order for the period so affected and issue you a credit or refund
of the purchase price for that farm box delivery.
You are not permitted to resell or otherwise use the Products for commercial
4.7 Product Descriptions
Badikheti attempts to be as accurate as possible. However, Badikheti does not
warrant that product descriptions, photos, or other content of any product is
accurate, complete, reliable, current, or error-free. If a product offered by
Badikheti itself is not as described, your sole remedy is to receive a refund
for the product. We at Badikheti are farmers and know that farmers cannot grow
items that are all perfect and all exactly uniform. For this reason, weights displayed
are approximate and intended to communicate approximate amounts of produce that
you will receive. While we don’t anticipate weights to be incorrect, your sole remedy
for any error or documented weight-related issue will be resolved via a credit
or refund for the product in question.
4.9 Returns and Refunds
If you are dissatisfied with any product, please contact us at [email protected] within
48 hours of your delivery and, depending on the circumstances, we will provide
you a full or partial credit or refund of the purchase price for that box or
product. We may require the return of any product with which you are
dissatisfied before we provide you a replacement, credit or refund.
LICENSE TO ACCESS AND USE OUR SITES AND CONTENT
Unless otherwise indicated in
writing by us, the Sites and all content and other materials contained therein,
including, without limitation, the Badikheti logo and all designs, text,
graphics, pictures, information, data, software, sound files, other files and
the selection and arrangement thereof (collectively, "Content") are
the proprietary property of Badikheti or our licensors or users, as applicable,
and are protected by local and international copyright laws.
You are hereby granted a
limited, nonexclusive, nontransferable, nonsublicensable license to access and
use the Sites and Content. However, such license is subject to these Terms and
does not include any right to (a) sell, resell or use commercially the Sites or
Content, (b) distribute, publicly perform or publicly display any Content, (c)
modify or otherwise make any derivative uses of the Sites or Content, or any
portion thereof, (d) use any data mining, robots or similar data gathering or
extraction methods, (e) download (other than the page caching) any portion of
the Sites or Content, except as expressly permitted by us, and (f) use the
Sites or Content other than for their intended purposes. Any use of the Sites
or Content other than as specifically authorized herein, without our prior
written permission, is strictly prohibited and will terminate the license
granted herein. Such unauthorized use may also violate applicable laws,
including, without limitation, copyright and trademark laws and applicable
communications regulations and statutes. Unless explicitly stated by us,
nothing in these Terms shall be construed as conferring any right or license to
any patent, trademark, copyright or other proprietary rights of Badikheti or
any third-party, whether by estoppel, implication or otherwise. This license is
revocable at any time.
Notwithstanding anything to the
contrary in these Terms, the Sites and Content may include software components
provided by Badikheti or a third-party that are subject to separate license
terms, in which case those license terms will govern such software components.
You are granted a limited,
nonexclusive, nontransferable right to create a text hyperlink to the Sites for
noncommercial purposes, provided that such link does not portray Badikheti or
any of our Products in a false, misleading, derogatory or otherwise defamatory
manner, and provided further that the linking site does not contain any adult
or illegal material or any material that is offensive, harassing or otherwise
objectionable. This limited right may be revoked at any time. You may not use a
Badikheti logo or other proprietary graphic of Badikheti to link to the Sites
without our express written permission. Further, you may not use, frame or
utilize framing techniques to enclose any Badikheti trademark, logo or other
proprietary information, including the images found on the Sites or Products,
the content of any text or the layout or design of any page, or form contained
on a page, on the Sites without our express written consent.
Badikheti makes no claim or
representation regarding, and accepts no responsibility for, the quality,
content, nature or reliability of third-party websites accessible by hyperlink
from the Sites or of websites linking to the Sites. Such sites are not under
our control, and we are not responsible for the contents of any linked site,
any link contained in a linked site, or any review, changes or updates to such
sites. We provide these links to you only as a convenience, and the inclusion
of any link does not imply our affiliation, endorsement or adoption of any site
or any information contained therein. When you leave the Sites, you should be
aware that our terms and policies no longer govern. You should review the
applicable terms and policies, including privacy and data gathering practices,
of any site to which you navigate from the Sites.
7. THIRD-PARTY CONTENT
We may display content,
advertisements and promotions from third-parties through the Sites or in
shipments with Products (collectively, “Third-Party Content”). We do not
control, endorse or adopt any Third-Party Content, and we make no
representations or warranties of any kind regarding such Third-Party Content,
including, without limitation, regarding its accuracy or completeness. You
acknowledge and agree that your interactions with third-parties providing
Third-Party Content are solely between you and such third-parties, and that
Badikheti is not responsible or liable in any manner for such interactions or
8. USER CONDUCT
You agree that you will not violate
any law, contract, intellectual property or other third-party right or commit a
tort, and that you are solely responsible for your conduct, while accessing or
using the Sites. You agree that you will abide by these Terms and will not:
Engage in any harassing, threatening, intimidating, predatory or
Use or attempt to use another user’s account without authorization from such user and Badikheti;
Use the Sites in any manner that could interfere with, disrupt,
negatively affect or inhibit other users from fully enjoying the Sites or that
could damage, disable, overburden or impair the functioning of the Sites in any
Reverse engineer any aspect of the Sites or do anything that
might discover source code or bypass or circumvent measures employed to prevent
or limit access to any Content, area or code of the Sites;
Attempt to circumvent any content-filtering techniques we employ
or attempt to access any feature or area of the Sites that you are not
authorized to access;
Develop any third-party applications that interact with User
Content or the Sites without our prior written consent;
Use any robot, spider, crawler, scraper, script, browser
extension, offline reader or other automated means or interface not authorized
by us to access the Sites, extract data or otherwise interfere with or modify
the rendering of Site pages or functionality; or
Use the Sites for any illegal or unauthorized purpose, or engage
in, encourage or promote any activity that violates these Terms.
To the fullest extent permitted
by applicable law, you agree to indemnify, defend and hold harmless Badikheti,
and our respective past, present and future employees, officers, directors,
contractors, consultants, equity holders, suppliers, vendors, service
providers, parent companies, subsidiaries, affiliates, agents, representatives,
predecessors, successors and assigns (individually and collectively, the “Badikheti Parties”), from and
against all actual or alleged Badikheti Party or third-party claims, damages,
awards, judgments, losses, liabilities, obligations, penalties, interest, fees,
expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without
limitation, court costs, costs of settlement and costs of pursuing
indemnification and insurance), of every kind and nature whatsoever, whether
known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or
unsuspected, in law or equity, whether in tort, contract or otherwise
(collectively, “Claims”), including, but not limited to, damages to
property or personal injury, that are caused by, arise out of or are related to
(a) your use or misuse of the Sites, Content or Products, (b) any User Content
you create, post, share or store on or through the Sites or our pages or feeds
on third-party social media platforms, (c) any Feedback you provide, (d) your
violation of these Terms, (e) your violation of the rights of another, and (f)
any third-party’s use or misuse of the Sites or
Products provided to you. You agree to promptly notify Badikheti of any
third-party Claims and cooperate with the Badikheti Parties in defending such
Claims. You further agree that the Badikheti Parties shall have control of the
defense or settlement of any third-party Claims. This indemnity is in addition
to, and not in lieu of, any other indemnities set forth in a written agreement
between you and Badikheti.
YOU ARE SOLELY
RESPONSIBLE FOR THE PROPER AND SAFE WASHING, HANDLING, PREPARATION, STORAGE,
COOKING, USE AND CONSUMPTION OF THE PRODUCTS YOU RECEIVE FROM US. YOU ARE ALSO
SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY ALLERGIES YOU MAY HAVE AND VERIFYING
THE PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, PREPARING, USING OR CONSUMING
WE ATTEMPT TO DISPLAY
THE PRODUCTS AND OTHER MATERIALS AND INFORMATION YOU VIEW ON THE SITES,
INCLUDING PRICING AND NUTRITIONAL INFORMATION, AS ACCURATELY AS POSSIBLE.
HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION AND
ARE NOT RESPONSIBLE FOR ANY CLAIMS ARISING OR RESULTING FROM YOUR RELIANCE
THEREON. IN THE EVENT OF AN ERROR ON OUR SITES, IN AN ORDER CONFIRMATION, IN
PROCESSING OR DELIVERING AN ORDER OR OTHERWISE, WE RESERVE THE RIGHT TO CORRECT
SUCH ERROR AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT
PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A REFUND.
YOU FURTHER AGREE THAT THE PRODUCTS
AND OTHER MATERIALS YOU RECEIVE IN YOUR ORDER MAY VARY FROM THE PRODUCTS AND
MATERIALS DISPLAYED ON THE SITES DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT
LIMITATION, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER, MANUFACTURING
PROCESS OR SUPPLY ISSUES, AND THE AVAILABILITY AND VARIABILITY OF PRODUCTS. THE
SITES MAY CONTAIN INFORMATION ABOUT PRODUCTS THAT ARE NOT AVAILABLE IN EVERY
LOCATION. A REFERENCE TO A PRODUCT ON THE SITES DOES NOT IMPLY OR GUARANTEE
THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER.
EXCEPT AS MAY BE PROVIDED IN A
WARRANTY BY THE MANUFACTURER OF A PRODUCT, ALL PRODUCTS AND THE SITES AND
CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED. BADI KHETI DISCLAIMS ALL OTHER
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT AS TO THE SITES, CONTENT AND PRODUCTS, ANY WARRANTIES THAT
ARISE FROM TRADE USAGE OR CUSTOM, AND ANY WARRANTIES THAT THE SITES OR PRODUCTS
WILL BE FREE AND CLEAR FROM ANY ADVERSE LIEN OR SECURITY INTERESTS.
We reserve the right to change
any and all Content and to modify, suspend or stop providing access to the
Sites (or any features or functionality of the Sites) and the Products at any
time without notice and without obligation or liability to you. Reference to
any products, services, processes or other information by trade name,
trademark, manufacturer, supplier, vendor or otherwise does not constitute or
imply endorsement, sponsorship or recommendation thereof, or any affiliation
therewith, by us. Some jurisdictions do not allow the disclaimer of implied
terms in contracts with consumers, so some or all of the disclaimers in this
section may not apply to you.
LIMITATION OF LIABILITY, RELEASE
TO THE FULLEST EXTENT PERMITTED
BY APPLICABLE LAW, IN NO EVENT SHALL BADI KHETI OR ANY OF THE OTHER BADI KHETI
PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL,
EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS
OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE
OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF
OR IN ANY WAY RELATED TO THE ACCESS OR USE OF THE SITES OR CONTENT OR THE
ORDER, RECEIPT OR USE OF ANY PRODUCT OR OTHERWISE RELATED TO THESE TERMS
(INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM
RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM BADI KHETI, OR FROM
MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS,
DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR
ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD,
COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO BADI KHETI’S RECORDS, PROGRAMS OR SYSTEMS),
REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING,
BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT
PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH
DAMAGES WERE FORESEEABLE).
TO THE FULLEST EXTENT PERMITTED
BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF BADI
KHETI AND THE OTHER BADI KHETI PARTIES (JOINTLY) ARISING OUT OF OR IN ANY WAY
RELATED TO (A) THE ORDER, RECEIPT OR USE OF PRODUCTS PURCHASED FROM BADI KHETI
EXCEED THE AMOUNT PAID FOR SUCH PRODUCTS; AND (B) THE ORDER, RECEIPT OR USE OF
PRODUCTS, OR ACCESS OR USE OF THE SITES OR CONTENT, EXCEED THE GREATER OF $250
OR THE AMOUNT YOU PAID TO US IN THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING
THE DATE ON WHICH YOUR CLAIM AROSE. THE FOREGOING LIMITATIONS SHALL APPLY EVEN
IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE
FOREGOING SHALL CONSTITUTE BADI KHETI AND THE OTHER BADI KHETI PARTIES’ SOLE LIABILITY AND OBLIGATION IN
RESPECT HEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT,
TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE
OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY.
TO THE FULLEST EXTENT PERMITTED
BY APPLICABLE LAW, YOU, ON BEHALF OF YOUR HEIRS, EXECUTORS, ADMINISTRATORS,
LEGAL AND PERSONAL REPRESENTATIVES, HEREBY RELEASE, WAIVE, ACQUIT AND FOREVER
DISCHARGE BADI KHETI AND THE OTHER BADI KHETI PARTIES FROM AND AGAINST, AND
COVENANT NOT TO SUE ANY SUCH BADI KHETI PARTY FOR, ALL CLAIMS YOU HAVE OR MAY
HAVE ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS.
Some jurisdictions do not allow
the exclusion or limitation of incidental or consequential damages, so the
above limitation or exclusion may not apply to you. Some jurisdictions also
limit disclaimers or limitations of liability for personal injury from
products, so this limitation may not apply to personal injury claims.
MODIFICATIONS TO THE SITES AND PRODUCTS
We reserve the right in our sole
discretion to modify, suspend or discontinue, temporarily or permanently, the
Sites (or any features or parts thereof) or the provision of the Products at
any time and without liability therefore.
DISPUTE RESOLUTION; ARBITRATION
PLEASE READ THE FOLLOWING
SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND
CLAIMS WITH BADI KHETI AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM
13.1 Binding Arbitration
Except for any disputes, claims, suits, actions, causes of action, demands or
proceedings (collectively, “Disputes”) arising out of or
related to a violation of Section 8 or Disputes in which either party seeks to
bring an individual action in court or seeks injunctive or other equitable
relief for the alleged unlawful use of intellectual property, including,
without limitation, copyrights, trademarks, trade names, logos, trade secrets
or patents, you and Badikheti agree (a) to waive your and Badikheti’s respective rights to have any
and all Disputes arising from or related to these Terms, or the Sites, Content
or Products, resolved in a court, and (b) to waive your and Badikheti’s rights to a jury trial.
Instead, you and Badi Kheti agree to arbitrate Disputes through binding
arbitration (which is the referral of a Dispute to one or more persons charged
with reviewing the Dispute and making a final and binding determination to
resolve it instead of having the Dispute decided by a judge or jury in court).
You agree to only bring actions against Badikheti by way of such binding
arbitration and to not file any action in any state or federal court.
13.2 No Class Arbitrations, Class Actions
or Representative Actions
You and Badikheti agree that any Dispute arising out of or related to these
Terms or the Sites, Content or Products is personal to you and Badikheti and
that such Dispute will be resolved solely through individual arbitration and
will not be brought as a class arbitration, class action or any other type of
representative proceeding. You and Badikheti agree that there will be no class
arbitration or arbitration in which an individual attempts to resolve a Dispute
as a representative of another individual or group of individuals. Further, you
and Badikheti agree that a Dispute cannot be brought as a class or other type
of representative action, whether within or outside of arbitration, or on
behalf of any other individual or group of individuals.
Except for Disputes arising out of or related to a violation of Section 8 or
Disputes in which either party seeks to bring an individual action in small
claims court or seeks injunctive or other equitable relief for the alleged
unlawful use of intellectual property, including, without limitation,
copyrights, trademarks, trade names, logos, trade secrets or patents, you and
Badikheti agree that any Dispute must be commenced or filed by you or Badikheti
within one (1) year of the date the Dispute arose, otherwise the underlying
claim is permanently barred (which means that you and Badikheti will no longer
have the right to assert such claim regarding the Dispute). You and Badikheti
agree that (a) any arbitration will occur in India (b) arbitration will be
conducted confidentially by a single arbitrator in accordance with the rules of
the local jurisdiction, which are hereby incorporated by reference, and (c)
that the state or federal courts of local authorities, have exclusive
jurisdiction over any appeals and the enforcement of an arbitration award. You
may also litigate a Dispute in the small claims court located in the county of
your billing address if the Dispute meets the requirements to be heard in small
13.4 Authority of
Arbitrator (TAKE LEGAL ADVICE FOR PROPER ACT NUMBERS AND ACTS]
As limited by the Federal Arbitration Act (9 U.S.C. § 1 et seq.), these Terms
and the applicable JAMS rules, the arbitrator will have (a) the exclusive
authority and jurisdiction to make all procedural and substantive decisions
regarding a Dispute, including the determination of whether a Dispute is
arbitrable, and (b) the authority to grant any remedy that would otherwise be
available in court; provided, however, that the arbitrator does not have the
authority to conduct a class arbitration or a representative action, which is
prohibited by these Terms. The arbitrator may only conduct an individual
arbitration and may not consolidate more than one individual’s claims,
preside over any type of class or representative proceeding or preside over any
proceeding involving more than one individual.
13.5 Rules of JAMS(TAKE
LEGAL ADVICE FOR PROPER ACT NUMBERS AND ACTS]
The rules of JAMS and additional information about JAMS are
available on the JAMS website. By agreeing to be bound by these Terms, you
either (a) acknowledge and agree that you have read and understand the rules of
JAMS, or (b) waive your opportunity to read the rules of JAMS and any claim
that the rules of JAMS are unfair or should not apply for any reason.
In order to be effective, the
opt out notice must include your full name and clearly indicate your intent to
opt out of binding arbitration. By opting out of binding arbitration, you are
agreeing to resolve Disputes in accordance with Section 14.
GOVERNING LAW AND VENUE [need to verify with legal advisors]
These Terms, your access to and
use of the Sites and your order, receipt and use of the Products shall be governed
by and construed and enforced in accordance with the laws of the State of
Gujarat, without regard to conflict of law rules or principles (whether of the
State of Gujarat or any other jurisdiction) that would cause the application of
the laws of any other jurisdiction. Any Dispute between the parties that is not
subject to arbitration or cannot be heard in small claims court shall be
resolved in the state or federal courts of Gujarat, India.
contained in these Terms, we reserve the right, without notice and in our sole
discretion, to terminate your right to access or use the Sites and to order,
receive and use the Products, at any time and for any or no reason, and you
acknowledge and agree that we shall have no liability or obligation to you in
such event and that you will not be entitled to a refund of any amounts that
you have already paid to us, to the fullest extent permitted by applicable law.
If any term, clause or provision
of these Terms is held invalid or unenforceable, then that term, clause or
provision will be severable from these Terms and will not affect the validity
or enforceability of any remaining part of that term, clause or provision, or
any other term, clause or provision of these Terms.
The following sections will
survive the expiration or termination of these Terms and the termination of
your Badi Kheti account: all defined terms and Sections 1, 3, 4, 5 (first
paragraph only), 6, 7, 8 (second paragraph only), 9 through 19.
We make no representation that
information on this Site is appropriate, operational or available for use
outside India. Those who choose to access this Site from outside India do so on
their own initiative and are responsible for compliance with local laws, if and
to the extent local laws are applicable.
These Terms constitute the
entire agreement between you and Badikheti relating to your access to and use
of the Sites and your order, receipt and use of Products. These Terms, and any
rights and licenses granted hereunder, may not be transferred or assigned by
you without the prior written consent of Badikheti. No waiver of any provision
of these Terms will constitute a waiver of such provision in any prior,
concurrent or subsequent circumstance, and Badikheti’s failure to assert any right or
provision under these Terms shall not constitute a waiver of such right or
provision. Except as otherwise provided herein, these Terms are intended solely
for the benefit of the parties and are not intended to confer third-party
beneficiary rights upon any other person or entity.
updated on January 20, 2022.