Terms - StoxFarm

Terms and Conditions

General Information

This document is an electronic/digital record under the provisions of the Information Technology Act, 2000 [The Information Technology Act, 2000 is an Act of the Indian Parliament notified on 17 October 2000. It is the primary law in India dealing with electronic commerce, digital communication and cybercrime.] and the rules framed thereunder (as applicable or amended from time to time). This electronic record is generated by a computer system and does not require any physical or digital signatures
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and User Agreement for access or usage of the stoxfarm.com website.
The term stoxfarm.com and its services, hereinafter referred to as the “Platform” refers to StoxFarm India Private Limited, a company registered under the Companies Act, 2013 with its registered office at #334, Phase-XI, Sector-65, Mohali (Punjab), INDIA along with its subsidiaries and/ or employees and/ or directors and/ or affiliates and/ or agents and/ or representatives and/ or sub-contractors, if any..

License and Ownership of rights

These Terms and Conditions, together with the Terms of Use, Privacy Policy and any other terms specifically referred to in any of those documents, constitute a legally binding agreement (the “Agreement”) between you and stoxfarm.com in relation to your use of this web based Platform which essentially is an alternative marketplace where farmers can offer their farm produce to be purchased by registered buyers by bidding their rates so that farmers have the option to accept the best bid or best buyer. In other words stoxfarm.com assumes the role of a facilitator acting as a conduit between farmers and bulk buyers of their farm produce.
All intellectual property which is in relation to this Platform is owned by and vests in StoxFarm India Private Limited.

Terms of permitted use

Please read the terms of use carefully before availing services on this platform. Availing services through this platform signifies your acceptance of the terms of use and your agreement to be legally bound by the same.
If you do not agree with the terms of use, please do not access this Platform for any of its services.
Acceptance of these terms is a prerequisite for usage of services of stoxfarm.com. By virtue of using these services, it is deemed that you accept all the terms and conditions specified in the Agreement. The Agreement constitutes the entire agreement between you and stoxfarm.com and governs your use of the Platform’s Service, superseding any prior agreements between you and stoxfarm.com.
stoxfarm.com strongly opposes SPAM, which floods the Internet with unwanted and unsolicited email and deteriorates the performance and availability of the stoxfarm.com service. All forms of SPAM, and all activities that have the effect of facilitating SPAM, are strictly prohibited.
You agree that use of the service is at user’s sole risk. The service is provided on an “as is” and on an “as available” basis. stoxfarm.com expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

Limitation of Use

Registering for the purpose of offering of farm produce for buying by any prospective buyer or registering for the purpose of bidding against farm produce offered on this platform for whatsoever purpose on the web platform stoxfarm.com is available only to individuals who can form legally binding contracts under applicable law under their own name or on behalf of the organization they represent. If you do not agree with any of the terms and conditions or with the privacy policy of stoxfarm.com, you are NOT granted rights to use the services of stoxfarm.com and must not register as a member of stoxfarm.com or use any of its services.

You also confirm that you are of legal age i.e. 18 years to form a legally binding contract with stoxfarm.com and are not a person barred, from availing the services offered by stoxfarm.com under the laws as applicable in India.

Reservation of Rights

stoxfarm.com reserves the rights and is entitled to assign this agreement, and all rights and obligations hereunder, to a successor.
stoxfarm.com reserves the right to modify the Terms & Conditions at any time and without prior notice to its users. We may add, change, delete or end our service at any time. The service may be temporarily unavailable from time to time for maintenance of hardware, software or any other reasons beyond our control. A Notice informing estimated time for restoration of services may be put up on the face of web site under such circumstances.

Your Responsibilities

All registrations and orders are accepted in good faith and stoxfarm.com accepts no responsibility whatsoever regarding the bona-fides of the registrants, nor can any interviews be granted or correspondence entered into regarding any online order(s) placed on the web through stoxfarm.com platform. It is the responsibility of registrants to provide true, accurate, current and complete information as required in the registration form. If, after investigation, stoxfarm.com has reasonable grounds to suspect that any user’s information is untrue, inaccurate, not current or incomplete, stoxfarm.com may suspend or terminate that user’s account and prohibit any and all current or future use of the stoxfarm.com site(s) (or any portion thereof) by that user other than as expressly provided herein. Each user is wholly responsible for maintaining the confidentiality of account login and password information and for all activities occurring thereunder. stoxfarm.com cannot and will not be liable for any loss or damage arising from a user’s failure to comply with these requirements, including any loss or damage arising from any user’s failure to:
immediately notify stoxfarm.com of any unauthorized use of his or her password or account or any other breach of security; and
ensure that he or she exits from his or her account at the end of each session.
stoxfarm.com reserves the right to display any and all information provided as part of stoxfarm.com registration, except email address and password / OTP to authenticate the user, to facilitate communication through web interface.
Members are at liberty to express their views in the comments section of this web platform. stoxfarm.com prohibits the posting of unwanted or offensive content that include without limitation, profane or sexually explicit matter that include masking or misspelling the words, or images that would be illegal in any jurisdiction. It is your responsibility and you agree to comply with all requirements, legal or other. Additional prohibitions include misleading comments that do not relate to the products or services offered by stoxfarm.com and rather act as a “bait & switch” of products, advertisements or hyperlinks listed in the comments, for sale or distribution of firearms, weapons or controlled substances, make-money fast schemes, pyramid or chain letters, fraudulent or criminal offers including but not limited to registering another e-mail address other than your own, any posting with the goal of harassment of another member, sexual requests, racial slurs or comments, harassment, placing a fraudulent advertisement in the comments section, unsolicited advertising (whether commercial or informational) and unsolicited email or advertisements including, but not limited to adult or dating services placing advertisements. Further, stoxfarm.com prohibits the posting of any matter which discloses personal or private information concerning any person or entity, including without limitation phone number(s) or addresses, credit / debit cards, calling card, user account numbers/ passwords or similar financial information, and home phone numbers or addresses. Even though all of this is strictly prohibited, there is a small chance that you might become exposed to such items and you further waive your right to any damages (from any party) related to such exposure.
stoxfarm.com shall reserve the exclusive right to delete any content whatsoever as posted by you in the comments section from being reflected on its website or in any other mode. stoxfarm.com in its sole discretion shall reserve the right to edit, modify and alter the content posted by you in the comments section. User also agrees that the online comments placed with stoxfarm.com shall be reflected on its platform after a minimum of 24 to 72 hours.
stoxfarm.com may contain links to other web sites operated by third parties (“Linked Sites”). You acknowledge that, when you click on a link to visit a Linked Site, a frame may appear that contains advertisements and/or other content that may not be of relevance to you. You acknowledge that stoxfarm.com and its sponsors neither endorse nor are affiliated with the Linked Site and are not responsible for any content that appears on the Linked Site. You also acknowledge that the owner of the Linked Site neither endorses nor is affiliated with stoxfarm.com and its sponsors.

About The Services

Services offered through stoxfarm.com are highlighted through our web platform and pertain to offering farmers an alternative market place where they can upload the details of their farm produce with the sole purpose of eliciting response from registered bulk buyers in the form of bids and it offers the farmers a chance to accept the best bid from a bulk buyer of their choice. It obviously comes with inherent benefits of better prices to both with full transparency.
Explicit images and videos uploaded about the farm produce offered by registered farmers will be available to the registered buyers for evaluating the quality of the product(s) being offered along with its packing quality as made available for viewing by uploading on the platform by the registered farmer. The details of all the products on offer shall be available on various pages of stoxfarm.com duly categorised under various categories, illustrated in detail within the website menu in the respective sections, divided into categories of products. The visual representation of the products offered by the registered farmers on the website, where available, normally corresponds to the picture of the products themselves with the sole purpose of presenting them for sale, without any guarantee or commitment, by stoxfarm.com, regarding the exact resemblance of the given picture with the real products and that is with particular regard to the actual dimensions and/or colour, appearance of the products and/or of the packaging.
Any farmer offering a product with images and videos not commensurate with actual produce made available at the time of lifting of material by the logistics team of stoxfarm.com will be blacklisted and not allowed to use the services of the platform for a period of 30 days. Repeated offence of similar nature will lead to permanent cancellation of the account.
For dehydrated fruits also please emphasise upon the images related to the products which can vary etc. In no way it can be construed that the product offerred and product delivered are different in any manner.

Order Policy

Since all bids are accepted by stoxfarm.com on its online platform only, any order shall be deemed complete when all the items intended to form part of the order by the registered bulk buyer have been delivered and total payment is made in advance through online platform. Bids can be amended as many times as desired by the member before being accepted by the offering farmer and bidder will be required to make online payment. Once payment has been made the bid/price will not be modified under any circumstances. Order will be delivered at the intended place of delivery as specified by the registrant in due course of time as per delivery policy of stoxfarm.com.
Every item submitted online by any registered farmer member will be deemed to have been offered without any riders and will essentially be delivered, if bid has been accepted. No phone call or email will be entertained to affect cancellation of bids placed on stoxfarm.com and/or accepted by the offering farmer.
stoxfarm.com makes this web based digital marketplace as a service to enable its users (buyers and sellers) to connect with each other through its web based platform only. This platform can’t be used by any successful bidder by asking to deliver the material to a third party as stoxfarm.com prohibits such activity and does not have any mechanism to know about it in case registered users are using the stoxfarm.com services in that manner. There are risks, which you assume when dealing with people who might be acting under false pretences are all borne by you. We are a venue only and do not screen or censor or otherwise control the information submitted by you nor does stoxfarm.com screen or censor or otherwise control the users of its service. stoxfarm.com cannot and does not control the behaviour of the registrants on its platform. It is extremely important that you use utmost care throughout your dealings with other people on whose behalf you place an order on us. Your membership will terminated in case it comes to the knowledge that you as a registered member of our services are indulging in any such activity.
Any registered member having placed the bid(s) online can’t refuse to take delivery of the order at the time of delivery. Once the bid has been accepted it becomes binding on the bidder to accept the consignment.

Delivery Policy

All farm produce items uploaded on the platform and offered for sale by attracting bids shall be duly packed in a manner best suited for the item(s) in question to ensure that there is no damage to the contents during transportation and other manual handling. All orders will be delivered within a period of 24 hours of bid having been accepted by the farmer.
stoxfarm.com does not accept any liability for damages to the goods delivered after the package containing the goods has been opened. In case the member has any doubt or sufficient reasons to believe that contents of the package will be found damaged/crushed after it is opened then the damaged/crushed item will be taken back and credit will be given to the buyer provided the consignment is opened in presence of person(s) making the delivery and a video is made showing the process of opening the consignment and discovery of damaged/crushed items from the package. It will be responsibility of the person taking the delivery to make the video of the process of opening the consignment in the presence of the person making the delivery and send it by mail to complaint@stoxfarm.com as well as upload in the option provided in the software.
stoxfarm.com reserves the unqualified right to change or reschedule any delivery against any successful bid placed on it notwithstanding earlier acceptance by the farmer and intimation of expected time slot for delivery of order even if payment for the order has been made. Such a situation may arise due to factors beyond our control such as strike leading to break down of communication and/or transport facilities, conditions of war with an alien country or a natural disaster like cyclone, earthquake, etc. Force majeure clause will be invoked under such circumstances.

Pricing and Billing

You understand that the prices for all the items are based on the bids made by different bulk buyers. Price on which a certain item is traded through the stoxfarm.com platform may differ from the prices offered or published by other similar or different providers for the items and/or from prices available at other third-party websites and that such prices may not be the lowest prices at which the items are sold. Different buyers may buy same item from same farmer at different price because bidding against an item by a buyer and its acceptance are the acts beyond the control of stoxfarm.com . Billing will be done online by the platform.
You are liable for all transaction taxes as applicable and as notified by state or central government from time to time on the Services provided under this Agreement.

Payment Methods

All payments are accepted online only and as 100% advance at the time of placing of order using the web platform of stoxfarm.com after buyer’s bid has been accepted by the seller. Various payment methods like debit card, credit card, net banking, UPI, wallet payment etc. are available at the time of submitting the order. Member is at liberty to use any payment method as per convenience and availability of mode of payment with user making the payment.
Convenience charges are applicable as per guidelines of Reserve Bank of India when online payment is made. These will be borne by the buyer.

Limitation of Liability

User agrees that neither stoxfarm.com nor any of its associates shall be liable for any direct, indirect, incidental, special, consequential or exemplary damages, resulting from the use or the inability to use the service or for cost of procurement of substitute goods from an alternative source. User further agrees that stoxfarm.com shall not be liable for any damages arising from interruption, suspension or termination of service, including but not limited to direct, indirect, incidental, special consequential or exemplary damages, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent. In sum, in no event shall stoxfarm.com platform’s total liability to you for all damages, losses, and causes of action exceed the amount paid by you to stoxfarm.com, if any, that is related to the cause of action.

Indemnity

A registered member will indemnify stoxfarm.com for any action or claim on us by a third party on whose behalf any order has been placed and delivery has been executed by stoxfarm.com believing that registrant and the party accepting the delivery are one and the same entity.

Termination Policy

If stoxfarm.com, in its sole discretion, determines that a violation of the Terms & Conditions has occurred, stoxfarm.com may pursue any of its legal remedies, including but not limited to the immediate deletion of any offending material from its site, cancellation of your account and/or the exclusion of any person(s) who may have violated any of the Terms & Conditions. stoxfarm.com could also pursue violators with claims that they have violated various criminal and/or civil laws as applied by the relevant jurisdiction. stoxfarm.com will cooperate with any investigation by any Central, State, or local body or any court or tribunal legitimately exercising its rights. Such cooperation may be without notice to you. If stoxfarm.com believes in its sole discretion that any posting(s) in the comments section may create liability for stoxfarm.com, it may take any actions that it believes are prudent or necessary to minimize or eliminate its potential liability, including but not limited to, the release of user information. In sum, stoxfarm.com reserves the right to refuse service to anyone at any time, and to terminate the membership of the violating member without assigning any reason, and without prior notice.
User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the service or the these Terms & Conditions must be filed within 30 days after such claim or cause of action arose or be forever barred.

Grievance Redressal

Any complaints, abuse or concerns with regards to content and or comment or breach of these terms shall be immediately informed to the designated Grievance Officer as mentioned below via in-writing or through email signed with the electronic signature.
Man Mohan Singh Banga (Grievance Officer)
Email: complaints@stoxfarm.com