The following written matter hereinafter and /or this document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended/may be 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.
It/this document is published necessarily in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require mandatorily publishing the rules and regulations, privacy policy and Terms of Use/ Terms & Conditions for access or usage of www.thegreenaccess.com website/Portal/Application.
Users of this/our Website/Portal/Application and services and tools are governed by the following terms and conditions ("Terms & Conditions") as applicable to the Website/ Portal/ Application including the applicable policies which are incorporated herein . If Buyers/ Sellers transact on the Website/ Portal/ Application, Buyers/ Sellers shall be subject to the policies that are applicable to the Website/ Portal/ Application for such transaction. By mere use of the Website/ Portal/ Application, Buyers/ Sellers shall be contracting with TheGreenAccess and these terms and conditions including the policies constitute Buyers/ Sellers binding obligations, with TheGreenAccess.
For the purpose of these Terms of Use/ Terms & Conditions, wherever the context so requires "Buyers/ Sellers" or "User" shall mean any natural or legal person who has agreed to become a buyer/seller/user on the Website/Portal/Application by providing Registration Data while registering/account creating on the Website/Portal/Application as Registered User using the computer/mobile/android systems. The term "We", "Us", "Our", “this App”, “the App” shall mean TheGreenAccess .
When Buyers/ Sellers/ Users, use any of the services provided by Us through the Website/Portal/Application, including but not limited to, (e.g. Green tea leaf Reviews, Seller Reviews), Buyers/ Sellers will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service(s) as provided, and they shall be deemed to be incorporated into this Terms of Use/ Terms & Conditions and shall be considered as part and parcel of our Terms of Use/ Terms & Conditions/Terms & Conditions. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use/ Terms & Conditions, at any time without any prior written notice to Buyers/ Sellers/users. It shall be the Buyer’s/ Seller’s/ User’s responsibility to review these Terms of Use/ Terms & Conditions periodically for updates / changes. Buyers’/ Sellers’/Users’ continued use of the Website/Portal/Application following the posting of changes will mean that Buyers/ Sellers accept and agree to the revisions as and when done so. As long as Buyers/ Sellers comply with these Terms of Use/ Terms & Conditions, we grant Buyers/ Sellers a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website/Portal/Application.
ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES BUYERS/ SELLERS/ USERS AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE/ TERMS & CONDITIONS, AND SO PLEASE READ THE TERMS OF USE/ TERMS & CONDITIONS CAREFULLY BEFORE PROCEEDING.
By accepting these Terms & Conditions, Buyers/ Sellers/Users also accept and agree to be bound by TheGreenAccess Policies ((including but not limited to our Privacy Policy ) and as may be amended from time to time.
Membership Eligibility :
The use of our Website/ Portal/ Mobile Application is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website/Portal/Application. If Buyers/ Sellers are a minor i.e. under the age of 18 years, Buyers/ Sellers shall not register as a User of the TheGreenAccess website/Portal/Application and shall not transact on or use the website/Portal/Application. As a minor if Buyers/ Sellers wish to use or transact on website/Portal/Application, such use or transaction may be made by Buyers/ Sellers legal guardian or parents on the Website/Portal/Application. TheGreenAccess reserves the right to terminate Buyers/ Sellers membership and / or refuse to provide Buyers/ Sellers with access to our Website/Portal/Application if it is brought to TheGreenAccess's notice or if it is discovered that Buyers/ Sellers are under the age of 18 years.
Buyers’/ Sellers’ Account and Registration Obligations :
When Buyers/ Sellers/Users, use the Website/Portal/Application, they shall be responsible for maintaining the confidentiality of their Display Name and Password or Phone numbers and Buyers/ Sellers shall be responsible for all activities that occur under Buyers/ Sellers Display Name and Password. Buyers/ Sellers agree that if Buyers/ Sellers provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use/ Terms & Conditions, We shall have the right to indefinitely suspend or terminate or block access of Buyers/ Sellers membership on the Website/Portal/Application and refuse to provide Buyers/ Sellers with access to the Website/Portal/Application.
Communications :
During the course of use of the Website/Portal/Application, Buyers/ Sellers/Users may send emails or other data, information or communication to us, and Buyers/ Sellers/ Users agree and understand that Buyers/ Sellers/Users are communicating with Us through electronic records and Buyers/ Sellers/ Users’ consent to receive communications via electronic records from Us periodically, as and when required. We may communicate with Buyers/ Sellers/ Users by email or by such other mode of communication, electronic or otherwise.
Platform for Transaction and Communication :
The Website/Portal/Application is a platform that Users ( green tea leaf buyers/ sellers) utilize to meet and interact/chat with one another for their tradings anmd related transactions. TheGreenAccess is not and cannot be a party to or control in any manner any transaction between the Website/Portal/Application's Users.
Hereupon/subsequently/Henceforward:
i) TheGreenAccess does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms in regard to purchase/ sale between the Buyers and Sellers.
ii) TheGreenAccess does not make any representation or Warranty as to specifics (such as quantity, quality, value, salability, etc) of the green tea leaf or services, as proposed to be sold or offered to be sold or purchased through the Website/Portal/Application. TheGreenAccess does not implicitly or explicitly support or endorse the sale or purchase of any green tea leaf or services on the Website/Portal/Application. TheGreenAccess accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
iii) TheGreenAccess does not make any representation or warranty as to the green tea leaf-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users. Buyers/ Sellers are advised to independently verify the bona fides of any particular User that Buyers/ Sellers choose to deal with on the Website/Portal/Application and use Buyers/ Sellers best judgment in that behalf.
iv) TheGreenAccess is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. TheGreenAccess cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Website/Portal/Application. TheGreenAccess shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.
V) TheGreenAccess does not at any point of time during any transaction between Buyer and Seller on the Website/Portal/Application come into or take possession of any of the green tea leaf or services offered by Seller nor does it at any point gain title to or have any rights or claims over the green tea leaf or services offered by Seller to Buyer.
vi) At no time shall TheGreenAccess hold any right, title or interest over the green tea leaf nor shall TheGreenAccess have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. TheGreenAccess is not responsible for unsatisfactory or delayed performance of services or damages or delays and/or are unavailable or back ordered.
vii) At no time shall TheGreenAccess hold any any right, title or interest over the green tea leaf nor shall TheGreenAccess have any obligations or liabilities in respect of such contract.
TheGreenAccess is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of green tea leaf which are unavailable or back ordered.
The Website/Portal/Application is only a platform that can be utilized by Users to reach a larger base to buy and sell green tea leaf or services. TheGreenAccess is only providing a platform for communication and it is agreed that the contract for sale of any of the green tea leaf or services shall be a strictly bipartite contract between the Seller and the Buyer.
viii) Buyers/ Sellers shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with their Counterpart (s) that Buyers/ Sellers transact with in regard to purchase/sale of green tea leaf.
Disclaimer: Pricing on any green tea leaf as is reflected on the Website/Portal/Application may due to some technical issue, typographical error or green tea leaf information published by buyer/seller, may be incorrectly reflected and in such an event buyer/seller may cancel such order(s) or correct the mistakes themselves.
ix) Buyers/ Sellers release and indemnify TheGreenAccess and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website/Portal/Application and specifically waive any claims that Buyers/ Sellers may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, TheGreenAccess cannot take responsibility or control the information provided by other Users which is made available on the Website/Portal/Application. Buyers/ Sellers may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practise safe/ fair trading when using the Website/ Portal/ Application.
Please note that there could be risks in dealing with underage persons or people acting under false pretence.
Charges/ Fees/ Commissions :
Membership/ enrolment /registration/ account creation on the Website/ Portal/ Application is PRESENTLY FREE for buyers/sellers/users and green tea leaf traders. TheGreenAccess is not charging any fee/commission/service charge for browsing and buying/selling or trading of green tea leaf on/through the Website/Portal/Application presently. TheGreenAccess reserves the right to change its Fee/commission/service-charge Policy from time to time. In particular, TheGreenAccess may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website/Portal/Application. In such an event TheGreenAccess reserves the right to introduce additional fees/commission/service charge/commission/service charge/commission/service charge for the new services offered or amend/introduce, fees/commission/service charge/commission/service charge for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website/Portal/Application and such changes shall automatically become effective immediately after they are posted on the Website/Portal/Application. Unless otherwise stated, all fees/commission/service charge shall be quoted in Indian Rupees. Buyers/ Sellers shall be solely responsible for compliance of all applicable laws in India for making payments to TheGreenAccess .
The use of the Website/Portal/Application
Buyers/ Sellers agree, undertake and confirm that Buyers’/ Sellers /Users’ use of the Website/Portal/Application shall strictly be governed by the following binding principles:
A) The Users/Buyers/ Sellers shall not host, display, upload, modify, publish, transmit, update or share any information :
i) That belongs to another person/institute and to which Buyers/ Sellers does not have any right to;
ii) That is misleading in any way;
iii) That is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
iv) That is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group/groups or individual/institutations;
v) That involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming" etc;
vi) That harasses or advocates harassment of another person directly/indirectly;
vii) That promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous for others;
viii) That infringes upon or violates any third party's rights, including, but not limited to, the intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name/privacy, email address, physical address or phone number) or rights of publicity etc;
ix) That contains restricted or password-only access pages, or hidden pages or images (those those which are not linked to or from another accessible page);
x) That promotes an illegal or unauthorized copy of another person's copyrighted work (see "Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files etc;
xi) That provides material, which may exploit people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone, whatsoever. Also that, anything which may disturb or damage the Service business prospect of TheGreenAccess, unnecessary harass the management, and its reputation,
xii) That provides instructional information about illegal/harmful activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses etc;
xiii) That contains video, photographs, or images of another person/individual/instutiouns/group/groups (with a minor or an adult).
xiv) That engages in commercial activities and/or sale/purchase without Our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" green tea leaf related to the Website/Portal/Application. Throughout this Terms of Use/ Terms & Conditions, TheGreenAccess's prior written consent means a communication coming from TheGreenAccess's Legal Department, specifically in response to Buyers/ Sellers request, and specifically addressing the activity or conduct for which Buyers/ Sellers seek authorization;
xv) That tries to gain unauthorized access or exceeds the scope of authorized access to the Website/Portal/Application or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of tthis Website/Portal/Application or solicits passwords or personal identifying information for commercial or unlawful purposes from other users/individuals/institutions etc;
xvi) That refers to any website/Portal/Application or URL that, in Our sole discretion, contains material that is inappropriate for the Website/Portal/Application or any other website/Portal/Application, contains content that would be prohibited or violates the letter or spirit of these Terms of Use/ Terms & Conditions.
xvii) That interferes with another USER's/thirdparties’ use and enjoyment of the Website/Portal/Application or any other individual's as User and enjoyment of similar services;
xviii) That solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal/unlawful;
xix) That violates any law for the time being in force;
(xx) That infringes any patent, trademark, copyright or other proprietary rights of TheGreenAccess or any third party's trade secrets or rights of publicity or privacy or shall not be fraudulent/unlawful in any way or involve the sale of counterfeit or stolen green tea leaf;
xxi) That harm minors in any way;
xxii)That deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
xxiii) That impersonate another person/User/individual/institute etc;
xxiv) That contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information and anything of the kind;
xxv) That threatens the unity, integrity, defence, security or sovereignty of India in what so ever way, friendly relations with foreign states, or public order or causes to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
xxvi) That shall not be false, inaccurate or misleading in anyway;
xxvii) That shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any green tea leaf, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law/ concerned Department, rule, regulation or guideline for the time being in force.
(xxviii) That shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or Users/Buyers/Sellers etc;
- That the Buyers/ Sellers/Users shall not probe, scan or test the vulnerability of the Website/Portal/Application or any network connected to the Website/Portal/Application nor breach any/ the security or authentication measures on the Website/Portal/Application or any network connected to the Website/Portal/Application and should not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website/Portal/Application, or any other customer, including any account on the Website/Portal/Application not owned by Buyers/ Sellers/ Users, to its source, or exploit the Website/Portal/Application or any service or information made available or offered by/ through the Website/Portal/Application, in any way, where the purpose is to reveal any information, including but not limited to personal identification or information, other than Buyers/ Sellers/Users’ own information, as provided by them for by the Website/Portal/Application.
- That the Buyers/ Sellers/Users shall not make any negative/ defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the terms TheGreenAccess/ thegreenaccess.com, or otherwise in any way, engage in any conduct or action that might tarnish the image or reputation, of TheGreenAccess or Buyers/sellers/Users on platform or otherwise tarnish or dilute any of TheGreenAccess's trade or service/ service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. Also the Buyers/ Sellers/Usersd agree that they will not take any action that impose an unreasonable or disproportionately large load on the infrastructure of the Website/Portal/Application or TheGreenAccess's systems or networks, or any systems or networks connected to TheGreenAccess, in any way.
- That the Buyers/ Sellers/users shall not use any "deep-link", "page-scrape", "robot", "spider" or any other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website/Portal/Application or any Content, or shall not in any way reproduce or circumvent the navigational structure or presentation of the Website/Portal/Application or any Content, to obtain/ attempt to obtain any materials/ documents/ information through any means not purposely made available through the Website/Portal/Application. To be noted that we reserve our right to bar any such activity.
- That the Buyers/ Sellers/users shall not attempt in gaining unauthorized access to any portion or feature of the Website/Portal/Application, or any other systems or networks connected to the Website/Portal/Application or to any server/ computer/ network, or to any of the services offered on or through the Website/Portal/Application, by hacking, password "mining" or any other illegitimate means/or means of illegitimate Activities.
- That the Buyers/ Sellers/Users hereby agree not to use any device/ software or routine to interfere or attempt to interfere in any way with the proper working of the Website/Portal/Application or any transaction, if any, being conducted on the Website/Portal/Application, or with any other person's use of the Application/Website/Portal/App.
- That the Buyers/ Sellers/Users should not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal Buyers/ Sellers/Users send to Us on or through the Website/Portal/Application or any service offered on or through the Website/Portal/Application. Buyers/ Sellers/Users may not pretend that Buyers/ Sellers/ Users are, or that Buyers/ Sellers represent, someone else, or impersonate any other individual or entity etc.
- That the Buyers/ Sellers/Users may not/ should not use the Website/Portal/Application or any content for any purpose that is unlawful or prohibited by these Terms of Use/ Terms & Conditions, or to solicit the performance of any illegal activity/activities or other activity which infringes or may infringe the rights of TheGreenAccess and / or others.
- That the Buyers/ Sellers/ Users shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as may be amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to GST, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies etc.) regarding Buyers/ Sellers/ Users’ use of Our service and Buyers/ Sellers listing, purchase, solicitation of offers to purchase and sale of green tea leaf or services. Buyers/ Sellers/Users shall not engage in any transaction for the green tea leaf sale/purchase or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
- It is to be noted that solely to enable Us to use the information Buyers/ Sellers/ Users provide Us with, so that we are not violating any rights, which the Buyers/ Sellers/ Users might have in Buyers/ Sellers/ Users’ information. Buyers/ Sellers/Users agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights Buyers/ Sellers/ Users have in Buyers/ Sellers/Users information, in any media now known or not currently known, with respect to Buyers/ Sellers Information. We will only use Buyers/ Sellers/ Users’ information in accordance with the Terms of Use/ Terms & Conditions and Privacy Policy applicable to/for the use of the Website/Portal/Application
- That, from time to time, Buyers/ Sellers/ Users shall be responsible for providing information relating to the green tea leaf , proposed to be purchased/ sold by Buyers/ Sellers, respectively. In this connection, Buyers/ Sellers/Users undertake that all such information shall be reasonably accurate in all its respects. Buyers/ Sellers shall not exaggerate or over emphasize the attributes of such green tea leaf or services so as to mislead other Users in any manner, what so ever.
- That, we reserve the right to restrict the number of messages or emails which a user may send to other Users in any 24-hour period which We deem appropriate in its sole discretion. Buyers/ Sellers understand that We have the right at all times to disclose any information (including the identity of the person(s ) providing information or materials on the Website/Portal/Application) as necessary to satisfy any law, regulation or valid governmental request. Also, this may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. Additionally, We can (and Buyers/ Sellers hereby expressly authorize Us to) disclose any information about Buyers/ Sellers to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury or the like. Also, that we reserve the right, but have no obligation, to monitor the materials posted on the Website/Portal/Application. TheGreenAccess shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use/ Terms & Conditions. Notwithstanding this right, BUYERS/ SELLERS REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS which BUYERS/ SELLERS POST ON THE WEBSITE/PORTAL/ APPLICATION AND IN BUYERS/ SELLERS PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect TheGreenAccess views. In no event, whatsoever, shall TheGreenAccess assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Website/Portal/Application. Buyers/ Sellers hereby represent and warrant that Buyers/ Sellers have all necessary rights in and to all Content which Buyers/ Sellers provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise may be unlawful information in any manner.
- That the Buyers/ Sellers’ correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website/Portal/Application, including payment and delivery of related green tea leaf or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between Buyers/ Sellers and such advertiser/ advertisers. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website/Portal/Application, in any.
- That, it is possible that other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Website/Portal/Application and that Buyers/ Sellers may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about Buyers/ Sellers due to Buyers/ Sellers use of the Website/Portal/Application, and that the recipient may use such information to harass or injure Buyers/ Sellers/Users. In such circumstances, we does not approve of such unauthorized uses, but by using the Website/Portal/Application Buyers/ Sellers acknowledge and agree that We are and not shall be responsible for the use of any personal information that Buyers/ Sellers publicly disclose or share with others on the Website/Portal/Application. Hence, please carefully select the type of information that Buyers/ Sellers publicly disclose or share with others, or each other on the Website/Portal/Application, for safety reasons.
- That the TheGreenAccess shall have all the rights to take necessary action and claim damages that may occur due to Buyers/ Sellers involvement/participation in any way on Buyers/ Sellers own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services), and such other aspects.
Details/information/Contents Posted on Site :
It is to be noted that all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, "Content"), is a third party user generated content and TheGreenAccess has no control over such third party user generated content as TheGreenAccess is merely an intermediary/platform for the purposes of this Terms of Use/ Terms & Conditions.
That except as expressly provided in these Terms of Use/ Terms & Conditions, no part of the Website/Portal/Application and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed etc, in any way (including "mirroring") to any other computer, server, Website/Portal/Application or other medium for publication or distribution or for any commercial enterprise, without the express prior written consent of/from TheGreenAccess's .
That the Buyers/ Sellers/Users may use information on the green tea leaf and services purposely made available on the Website/Portal/Application for downloading, provided that Buyers/ Sellers (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for Buyers/ Sellers personal, non-commercial informational purpose and do not/shall nit copy or post such information on any networked computer or broadcast it in any media what so ever, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents/data/information.
Sale/Purchase of Green Tea Leaf:
As a registered User, the Buyer/Seller are allowed to list green tea leaf for sale/purchase on the Website/Portal/Application in accordance with the Policies which are incorporated by way of reference in this Terms & Conditions. Buyers/ Sellers must be legally able/permitted to sell the green tea leaf in the Buyers/ Sellers lis/space, for sale on our Website/Portal/Application. Buyers/ Sellers must ensure that the listed green tea leaf & its details do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe Buyers/ Sellers green tea leaf for sale. All listed green tea leaf must be listed in an appropriate category on the Website/Portal/Application. All listed green tea leaf should be in stock for successful fulfilment of sales/ Purchase.
The listing/description/data of the green tea leaf, must not be misleading and must describe actual quality/condition/quantity in approximation. If the green tea leaf description does not match the actual condition of the green tea leaf, Buyers/ Sellers may/maynot agree to refund any amounts that Sellers may have received from the Buyer and that We do not and shall not get involved in any way, what so ever, in such matters/disputes. Buyers/ Sellers agree not to list a single lot of green tea leaf in multiple quantities across various categories on the Website/Portal/Application. TheGreenAccess reserves the right to delete such multiple listings of the same green tea leaf listed by Buyers/ Sellers in various categories/ consignments. Also, that TheGreenAccess do not warrant that Green tea leaf description or other content of this Website/Portal/Application is error-free and assumes no liability in this regard.
Involvement of Buyers/Sellers/Users & Other Businesses :
TheGreenAccess does not take responsibility or liability for the actions, green tea leaf, content and services on the Website/Portal/Application, which are linked to Affiliates and / or third party website/Portal/Applications using Website/Portal/Application's APIs or otherwise. In addition, the Website/Portal/ Application may provide links to the third party website/Portal/Applications of Our affiliated companies and certain other businesses for which, TheGreenAccess assumes no responsibility for examining or evaluating the green tea leaf and services offered through the App. TheGreenAccess do not warrant the offerings of, any of these businesses or individuals or the content of such third party website/Portal/ Application(s). TheGreenAccess does not endorse, in any way, any third party website/Portal/Application(s) or content thereof.
As far as Indemnifying matters :
That the Buyers/ Sellers/Users shall indemnify and hold harmless TheGreenAccess, and/or its owner, licensee, affiliates, subsidiaries, group companies (as may be applicable) and their respective officers, agents, and employees etc, from any claim or demand, or actions including reasonable attorneys' fees/commission/service charge, made by any third party or penalty imposed due to or arising out of Buyers/ Sellers breach of this/Our Terms of Use/ Terms & Conditions OR violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.
Laws as may be Applicable :
That the Terms of Use/ Terms & Conditions shall be and is governed by and interpreted and construed in accordance with the laws prevailing in India. The place of jurisdiction shall be in Darjeeling District and/or Jalpaiguri District.
Jurisdictional Issues/Sale in India Only :
That TheGreenAccess reserves its right to initiate civil and/or criminal proceedings against a Buyer/Seller/ User who, files a invalid and/or false claim(s) or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, TheGreenAccess may at its sole discretion suspend, block, restrict, cancel the Display Name [and its related Display Names] of such User and/or disqualify that User and any related Users from availing protection through this program. Any person who, knowingly and with intent to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.
Unless otherwise specified, the trading of green tea leaf on/through the Website/Portal/ Application is presented solely for the purpose of sale/trading in India only. TheGreenAccess make no representation that green tea leaf, as mentioned in the Website/Portal/ Application are appropriate or available for use/ to be used for trading in other locations, other than India. When/if any one chooses to access this site from other locations/Countries other than India, do so on their own initiative/risk/responsibility and TheGreenAccess is not at all responsible in any way what so ever.
That TheGreenAccess reserves its right to initiate civil and/or criminal proceedings against a User who, files an invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, TheGreenAccess may at its sole discretion suspend, block, restrict, cancel the Display Name [and its related Display Names] of such User and/or disqualify that user and any related users from availing protection through this programme/App.
Trademark, Copyright and Restriction :
This site is controlled and operated by TheGreenAccess and green tea leaf are bought and sold by Buyers/Sellers respectively. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Website/Portal/Application is solely for Buyers/ Sellers personal, non-commercial use. Also, Buyers/ Sellers/Users must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and Buyers/ Sellers must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website/Portal/Application or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation ( where ever applicable) in matters of the copyrights, trademarks and other proprietary rights, and is hereby prohibited and subject to appropriate Legal Actions.
Trademark complaint :
That TheGreenAccess respects the intellectual property of others. In case Buyers/ Sellers /Users feel that Buyers/ Sellers/Users Trademark has been infringed, Buyers/ Sellers/Users can write to TheGreenAccess through E Mail info@Thegreenaccess.com
Contact Us :
Please contact us for any question/suggestions/grievance(s) etc related to trading/ Our Service etc of this Website/Portal/Application through our E Mail info@thegreenaccess.com