Terms of Use
These Terms of Use (together with the documents/checklist referred to in them) govern your use of our platform and its related websites, services, applications, and tools. By using the services, you confirm that you accept these Terms of Use and that you agree to abide by them.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS INTERNET-BASED PLATFORM.
This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the 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. By clicking on the “I ACCEPT” button, You are consenting to be bound by these terms of use.
The Platform is owned and operated by Balat Enterprises Private Limited, a company registered per Companies Act (hereinafter referred to as “Vyavshay”) an internet based technology platform that attempts to connect providers of equipment’s related with farming (hereafter referred as “Partner”, “Partners”) and users interested in renting farm equipment’s (hereafter referred to as “You, Your’s, User, Yourself”)
Moreover, you specifically acknowledge and consent to the technical, operational and its related parameters or risk involved while operating the App/Web based platform.
By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Vyavshay policies as amended from time to time.
If you still have any questions or concerns regarding these Terms of Use please contact us at email contact@vyavshay.com or call +91 6364 822 722 before using the platform.
The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:
I. the Indian Contract Act, 1872,
II. the (Indian) Information Technology Act, 2000, and
III. the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”).
1. ELIGIBILITY
You must be 18 years of age or older to register, use the Services, or visit or use the Website/App in any manner. By registering, visiting and using the website or accepting this Agreement, you represent and warrant to Vyavshay that you are 18 years of age or older, and that you have the right, authority and capacity to use the website and the Services available through the website, and agree to and abide by this Agreement.
2. USER ACCOUNT AND DATA PRIVACY
2.1 In order to avail the Website/App (“Platform”), You will have to register on the Platform by providing details about Yourself, including Your name, address, geolocation contact details and such other details as may be required on the Platform and create an account.
2.2 Use of another User’s Account information for availing the Platform Services is expressly prohibited.
2.3 You will not upload or transmit any communications or content of any type that infringes or violates any rights of any party.
2.4 You will promptly notify us in the event your passwords or accounts have been compromised.
2.5 You agree to provide us with necessary proof of identity we may request for processing the registration.
2.6 Vyavshay through its services, collect information relating to the devices through which you access the Website/App, and anonymous data of your usage. The collected information will be used only for improving th quality of Vyavshay’s services and to build new service.
2.7 Website/App allows Vyavshay to have access to registered Users’ personal email or phone number, for communication purpose so as to provide you a better way of service.
2.8 The User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on the Website/App. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify Vyavshay of any actual or suspected unauthorized use of the User’s account or password. Although Vyavshay will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Vyavshay or such other parties as the case may be, due to any unauthorized use of your account.
2.9 By signing up, you are giving us the consent and agreeing to the terms that Vyavshay can reach out to you via telephone call, on WhatsApp & Facebook Messenger, SMS and Email. These communications will be both transactional and promotional in nature.
2.10 You will not use any automated processes/bots/internet links or any means to access the Website and App that may cause stress to the regular working of the website and app.
2.11 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You agree our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission without notice.
3. PAYMENT
3.1 There is no charge to register with us or download the Application on your mobile device. All the payments to be paid to partners directly and not to Vyvashay.
3.2 In case of non payment the Vyavshay has the right to issue warning or temporarily/indefinetly terminate or suspend your usage with the Website/App.
3.3 You agree and acknowledge that Vyavshay shall never held responsible for tax liabilities for your transactions with partners.
4. SERVICES
4.1 You understand that the Platform merely acts an intermediary between you and partners. As a intermediary, platform facilitates between you and partners who want to book, hire tractor/farm equipments and partners who want to offer and rent such services.
4.2 The information and materials posted and made available on the platform are only to assist you in concluding the transaction.
4.3 The user holding a valid driving license may rent the tractor as per terms and condition’s outlined here and in the website/App. As a part of registration process you shall upload the valid licenses and documents as a part of the identity.
4.4 You shall neither be the purchaser nor the owner of the vehicle or farm equipment’s. You are bound to return of after the usage per the period/duration selected.
4.5 You specifically consent that you shall not connect with partners offline other than through the Website/App mentioned hereunder and Vyahsay shall not have any responsibility in case of such offline transactions.
4.6 Vyavshay reserves the rights to introduce new service or modify or upgrade the exisiting services provided on the web. Changes to the user agreement shall be posted on the website/App and such changes shall automatically become effective after they are posted.
5. PROCEDURE FOR BOOKING
The user shall follow below steps for booking or renting farm equipment through:
5.1 Register with your details like phone, email etc
5.2 Select the area for which you require vehicle or equipment
5.3 Provide the start date and end date, indicating the booking period for which you want the vehicle or farm equipment
5.4 Representative pf partners shall come and assess the area and location details
5.5 Share the copy of driving license and other necessary details
5.6 Pay the advance to the partner and deposit the required documents
6. REFUND POLICY
6.1 Customers shall get Refund against Cancellation of booking or any failed payment by way of credit to the original mode of payment – Credit/Debit Card or UPI or Net Banking or Third Party Wallet.
6.2 The refund will be processed within 7 days of cancellation or failed transaction
7. SAFETY AND COMPLIANCE
The user shall be responsible for complying with all applicable laws including the traffic norms specified from time to time. The user shall do the his own due diligence before hiring the vehicle and equipment. In cases if he finds any discrepancy or defect he shall promptly intimate the Partner and Vyavsahy team.
8. THIRD PARTY LINKS
We may choose from time to time to provide the links to various third-party link webs from the web. This may include links to sites owned by our associated companies. These third party links are provided for your convienience only are accessed at your own risk.
9. INDEMNIFICATION
You agree to indemnify and hold harmless Vyavshay and its affiliates, and each of its and their respective partners, directors, officers, managers, employees, shareholders, agents, representatives, licensors, successors and assigns from and against any and all losses, expenses, damages and costs, including attorneys’ fees, that arise out of your use of the Services, violation of this Agreement by you or any other person using your account, or your violation of any rights of another. We reserve the right to control the defense of any claim for which we are entitled to indemnification under this section. In such event, you agree to provide us with such cooperation as is reasonably requested by us. You further agree to indemnify us and our partner, officers, directors, agents and affiliates from and against all claims, liabilities, costs and expenses (including legal costs on a full indemnity basis) resulting from your failure to comply with these Terms of Use.
10. LIABILITY AND GRIEVANCES
In no case can Vyavshay, its partners, directors or employees, officers be held liable for any kind of losses, damage, loss of users, negligence on part of partners or other such activities. No representation claims, conditions or warranties are expressed or implied by Vyavshay. You further agree that Vyavshay shall not be liable to you or anyone else for any loss or injury caused in whole or in part by relying upon, using, or interpreting the content or any other information obtained through the use of the Website.
We ensure that we provide the best services to our users. In case any grievances arise, please contact us at email contact@vyavshay.com or call +91 6364 822 722 before using the platform.
11. INTELLECTUAL PROPERTY
11.1 You acknowledge and agree that the Vyavshay (and/or the licensors of the Vyavshay) own all legal right, title and interest in and to the Platform/Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist) and that you are not the owner thereof. You further acknowledge and agree that the Services may contain information which is designated confidential by the Vyavshay and that you shall not disclose such information without the Vyavshay’s prior written consent.
11.2 Vyavshay subsidiary and associates own all rights, title, logo, and other materials, copyrights in the website and Mobile applications.
11.3 You are not entitled to commercially exploit, either directly or by sale, or transfer commercially, the Services. Unless the Vyavshay has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Services or otherwise transfer any part of your rights to use the service.
12. DISPUTE/RESOLUTIONS
Any disputes difference, controversy arising relating to the interpretation of this Agreement shall be settled by arbitration in the accordance with the rules of conciliation and arbitration of India. The place of arbitration shall be Chennai, India and conducted in English.
13. DISCLAIMER
The services and any information contained on or provided through the services are provided on an “as is” and available basis. any access to or use of the services is voluntary. we will regard all access or use as voluntary and at the sole risk of the user.
The services provided in the Website/Application are here to help connect you to connect with Partners only. Vyavshay do not control, supply, endorse, warrant or guarantee any information, products, services or merchandise supplied by any of partners in relation to services provided in the platform whether offline or online.
Vyavshay also do not warrant or guarantee that files that may be available for downloading through the Services will be free of infections or viruses, worms, Trojan horses or other code that contains contaminating or destructive properties.
Vyavshay, and our technology service providers, cannot and do not guarantee or warrant against errors, omissions, delays, interruptions or losses, including loss of data. You download and use the Services at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the download or use of the Services. Users of the Services are responsible for maintaining a means external to the Services for the reconstruction of any lost data.
14. REPRESENTATION & WARRANTY
We do not make any express or implied warranties, representations or endorsements of any kind whatsoever (including, without limitation, warranties of title or non-infringement, or any warranties of merchantability or fitness for a particular purpose) with regard to the services, or with respect to any information, product, service, merchandise or other material provided on or through the services we do not warrant or guarantee the accuracy, completeness, correctness, timeliness or usefulness of any information, products, services, merchandise or other material provided through the services or on the internet generally. We make no warranty or guarantee that the services will be uninterrupted, timely, secure or error-free. your sole and exclusive remedy for dissatisfaction with the services is to stop using them.
15. FORCE MAJEURE
Neither party shall not be under any liability for any breach whatsoever nature where such breach result from a cause beyond their reasonable control or contemplation including pandemic, epidemic diseases or wars, strikes. Company will not be held responsible for any delay or failure to comply with your obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
16. ENTIRE AGREEMENT
This Agreement contains the entire understanding of the parties with respect to the matters herein contained and supersedes all previous agreements and undertakings with respect thereto. This agreement may be modified only by written agreement signed by the parties.
17. SEVERABILITY
It is the intent of the Parties that in case any one or more of the provisions contained in this Agreement shall be held to be invalid or unenforceable in any respect, such provision shall be modified to the extent necessary to render it, as modified, valid and enforceable under applicable laws and such invalidity or unenforceability shall not affect the other provisions of this Agreement.
18. TERMINATION
Vyavshay may in our sole discretion and without prior notice to you terminate access the Website and take any legal action we have available against you, if you breach these Terms of Use or we believe the services offered by us are not appropriate for you.It is a direct violation of these Terms of Use for you to engage in an activity using information obtained from the website and mobile application to contact, abuse, advertise, sell to, harass or harm any other person, we have the right to take legal action and immediately suspend and terminate the service.
