JIOKRISHI SERVICES AGREEMENT 

Welcome to JioKrishi!  

The mobile application of JioKrishi is managed and operated by Jio Things Limited (“JTL”, “us”, “we”, “our”), a public limited company incorporated under the Companies Act, 2013, having CIN U72900GJ2020PLC118301 and its registered office 101, Saffron, Nr. Centre Point, Panchwati 5 Rasta, Ambawadi, Ahmedabad, Gujarat- 380006, India. The JioKrishi mobile application is referred to as the “JioKrishi”.   

JioKrishi is an e-commerce mobile application that allows third party eligible sellers (“Sellers” “you” “your”) to list their products for retail sale to end-Customers (“Transactions”). The various categories available on JioKrishi include products such as seeds, pesticides, fertilizers, farm equipments (“Product(s)”) JioKrishi also enables advertising, payment, logistics, hosting, technology, cataloging, customer support services, etc. to Sellers (“Services”) either directly or through a third party.  

The mobile application (“Seller App”) is managed and operated by JTL and provides a platform to the Sellers to upload the catalogue for Transactions, view the sales details, order details and order history.  

These terms and conditions of sale (“Terms”) govern the Services, access to, and use of JioKrishi and the Seller App by the Sellers for the purpose of offering Products and services to end customers of JioKrishi (“Customer(s)”).   

Please read these Terms carefully before using the Services or accessing JioKrishi. By using JioKrishi, registering for the Services or expressly accepting the Terms in the manner stipulated by JTL, you signify your consent to be unconditionally bound by these Terms and any other policies made applicable in addition to these Terms from time to time.    

This document is an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.  

For your ease of understanding, these Terms have been divided into the following parts:  

1. TERMS FOR USING JIOKRISHI AS A SELLER  

1. SERVICE FEE AND PAYMENTS  

1. LISTING OF PRODUCTS / SERVICES ON JIOKRISHI  

1. PRIVACY TERMS  

1. FULFILMENT POLICY 

1. GENERAL TERMS   

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A.     TERMS FOR USING JIOKRISHI AS A SELLER  

1.     Use of JioKrishi  

1.1.      Subject to your strict compliance with these Terms and other such criteria as we may specify from time to time, JTL grants to you, a limited, non-transferable, non-exclusive, non-sublicensable, non-assignable, revocable and personal license to use JioKrishi solely for the limited purpose of availing the Services and carrying out Transactions.   

1.2.     Unless deactivation / termination of your account on JioKrishi and subject to satisfaction of  

JTL, relieving of all of your obligations, by using JioKrishi and the Services, you grant to JTL a royalty-free, perpetual, irrevocable, non-exclusive right and license to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on any text, images, videos or other form of content uploaded by you on JioKrishi  (hereinafter referred to as “User Generated Content” or “UGC”) without additional approval or consideration for the full term of any rights that may be relevant for such content. You agree that your use of JioKrishi and the Services shall be deemed to be a waiver of any claim to the contrary over any feedback, comments, ideas or suggestions or any other content provided by you to JTL through JioKrishi. It is hereby clarified that an information, content, inventory uploaded or updated on JioKrishi shall get replicated on the Seller App as well.   

1.3.       In order to facilitate a seamless payment mechanism, JTL may require you to make and receive payments pertaining to Transactions and/ or Services through a payment aggregator and a payment gateway enabled on JioKrishi. By using JioKrishi, you agree to use the payment aggregator and the payment gateway in accordance with the terms and conditions for availing services by such payment aggregator and payment gateway. Until the implementation of a payment gateway mechanism on JioKrishi, all payments pertaining to Transactions shall be made via the agreed mode of payment among the Parties to the Seller. exclusively through Cash on Delivery mode.   

1.4.     These Terms are to be read along with the Privacy Policy and such other policies as JTL may notify from time to time, all of which will be deemed to be included herein by reference. Your use of JioKrishi signifies that you hereby agree to the terms of each such policy made applicable   from time to time.  

1.5.      Your use of JioKrishi is only to facilitate Transactions between you and Customers.  Please note that each Transaction shall be deemed to be a contract only between you and Customer. To clarify, JTL shall not be a party to any contract or arrangement entered into connection with a Transaction.   

1.6.       Further please note that, JTL shall at all times at its sole discretion, have the right to refuse you or any other person, the access to JioKrishi and its services, terminate or suspend your account either permanently or temporary, edit, censor or monitor materials posted on JioKrishi, with or without notice to you and for such time period as JTL may deem fit.  

2.     Eligibility  

2.1.      Persons who can form legally binding contracts under Indian Contract Act, 1872 may register themselves as Sellers on JioKrishi, and avail Services. Persons who are ‘incompetent to contract’ within the meaning of the Indian Contract Act, 1872 including without limitation, undischarged insolvents are not eligible to use the Services of JioKrishi. If you are a minor i.e., under the age of 18 years, you cannot register yourself as a Seller. We reserve the right to terminate your membership without giving any notice and / or refuse to provide you with access to JioKrishi if it is brought to our notice or if it is discovered that you are incompetent to enter into this contract.  

3.     Registration  

3.1.       In order to use JioKrishi, you will be required to create an account with us (“Seller Account”) on the Seller App. Such Seller Account can be created by providing relevant information as may be required by us, including without limitation, your name, entity details, residence / place of incorporation, GSTIN, banking details, contact details, Licenses and order fulfilment configuration (collectively, the “Account Information”).  

3.2.     Please note that, you shall be solely liable for:  

1. maintaining the confidentiality of the Account Information;  

1. safeguarding your passwords and preventing unauthorized access to your account;  

1. keeping your Account Information current and accurate; and  

1. immediately notifying JTL of any unauthorized use of your account or any other security breach.    

1. You shall be responsible for all activities that occur through your Seller Account. If we detect any misuse of your Seller Account, including but not limited to misuse of JioKrishi, violation of JTL policies applicable for listing of non-compliant Products, MRP violation, restricted Products, packaging guidelines etc., we may delist the Products listed by you on JioKrishi without any prior intimation, and/ or suspend/terminate your Seller Account on JioKrishi. You agree that JTL will not be liable or responsible for the activities, consequences leading to legal proceedings by use or misuse of information that is provided by you on JioKrishi.   

1. If your use of JioKrishi is not in accordance with these Terms and other criteria as may be set out by JTL from time to time, we may notify you of such non-conformity after having actual knowledge of such non-conformance. It is hereby clarified that JTL is not obligated to notify you of deficiencies attributable to you. Once you are notified, you must adopt appropriate measures to correct deficiencies and non-conformance within a period of 24 hours. Please note that, we will not be liable to settle any payment that accrues or amount that may be payable until you correct such deficiencies or non-conformance to our absolute satisfaction.   

1. Please note that, without prejudice to any other rights available to us under these Terms or otherwise, in the event you fail to correct the notified non-conformance within the period prescribed in Clause 3.4 of Part A above, or if such remedial action is not practicable, JTL will have the right but not the obligation to terminate these Terms or to suspend your Seller Account and your use of the Services with immediate effect at its sole discretion.  

1. Please note that, without prejudice to the other rights available to us under these Terms or otherwise, we may take action for non-conformance with these Terms or representations made by you to the Customers / other users of JioKrishi or such other actions as JTL may notify from time to time.  By using the Services and JioKrishi, it shall be deemed that you provide consent for us to send you notifications from JTL in the form of SMS on your registered mobile number or push notification. These notifications could, among other things, relate to your registration, Transactions carried out through JioKrishi, promotions offered by third party such as banks and brands, and / or other communication in relation to JioKrishi. Further, we may also send notifications and reminders to you with respect to your activity on JioKrishi. However, please note that, we shall not be liable for any failure to send such notifications or reminders to you.   

4.     Invoicing And Payment   

4.1.     Payment terms between Seller and JTL :  

1. For all payments that a Seller is eligible to receive in connection with each Transaction, JTL will be entitled to receive as fee, as set out in Fee Schedule to these Terms, for each such payment, in consideration of facilitating such Transaction through JioKrishi (“Transaction Fees”). Subject to Clause 4.1(d) below, the Transaction Fee shall be net of all taxes.   

1. Seller shall raise a valid Tax invoice for the consideration which shall be provided to the Customer. The Seller shall comply with all applicable laws including without limitation any and all laws applicable in relation to provision of the services and direct and indirect tax legislations including GST, or any other statutory levies cess or duties, labour regulations and any other laws, rules, regulations or government orders which may be applicable to such Party. 

1. It is hereby clarified that all payments shall only be settled upon delivery of the Product including any payment mode of payment as agreed between both the Parties in case of cash on delivery orders and on the designated day as set out in the Fee Schedule.   

1. The Seller hereby allows JTL to collect all payments that the Seller is eligible to receive in connection with each Transaction through JioKrishi. JTL will, within such time as set out in Fee Schedule, make a cumulative payout to the Seller for all payments received from Customers in connection with Transactions, after deducting the accrued Transaction Fees, and applicable taxes such as GST and TDS, TCS and other applicable deductions, receivable from the Seller as per applicable law. JTL will raise invoices upon the Sellers for the accrued Transaction Fees.   

1. The Seller hereby agrees and allows JTL to withhold all the payments in case the Seller misuses JioKrishi or attempts to deceive the Customer including but not limited wrong declaration of MRP. In such cases, JTL has the right to settle all the payment with the Customer in the rightful manner and/or levy any appropriate charges on the Seller.   

1. JTL reserves the right to introduce a fee for the Seller’s access to Services of JioKrishi and/or for provision of certain Services to the Seller, in the manner stipulated by JTL from time to time.   

5.     Terms Of Use  

5.1.     Each time you access or use JioKrishi you represent and warrant to JTL that:  

1. you are competent to enter into a legally binding contract under the Indian Contract Act, 1872;  

1. you are in compliance with all central, state and local laws, rules and regulations applicable in the relevant jurisdiction in India or anywhere else in the world, in relation to the use of JioKrishi and the Transactions carried out in connection thereto, as the case may be, under these Terms;  

1. you have obtained and maintain all licenses, permits, approvals, consents, registrations under applicable laws in relation to the use of JioKrishi Services and the Transactions carried out in connection thereto;   

1. you are compliant with the provisions of all applicable laws, including but not limited to (i) the Central Goods and Services Tax Act, 2017 and State Goods and Services Tax Acts, 2017 and rules and regulations formulated thereunder; (ii) The Seeds Act, 1966, and the rules and regulations formulated thereunder (if applicable); (iii) The Insecticides Act, 1968, and the rules and regulations formulated thereunder (if applicable); (iv) The Fertilisers Act, 1985, and the rules and regulations formulated thereunder (if applicable); (v) The Legal Metrology Act, 2009 and the rules and regulations formulated thereunder; and (vi) laws relating to QR codes;   

1. performance under these Terms does not and will not conflict with, violate, or result in a breach of any provision of any other contract or agreement to which you may be bound; there are no litigations, actions, claims, disputes or proceedings pending or threatened, which if decided adversely against you such would interfere with the performance of these Terms;   

1. performance under these Terms does not and will not conflict with, violate, or result in an infringement of the intellectual property of any third Party;  

1. you will provide accurate information at all the times on JioKrishi about the Products you are offering for sale;  

1. you are not subject to sanctions or otherwise designated on any list of prohibited or restricted parties or owned or controlled by such a party, including but not limited to the lists maintained by the United Nations Security Council, the US Government, the European Union or its member states, or any other applicable government authorities from time to time; and  

1. you will act fairly and not misuse JioKrishi features or Services that are made available to you under these Terms.   

1. In the event, a person is registering on JioKrishi on behalf of a business entity, such person by making such registration, represents that such person is duly authorized by such business entity to enter into these Terms and have the authority to bind such business entity to these Terms. Further, such person who is registering on JioKrishi on behalf of a business entity shall also provide JTL with a copy of the duly executed and stamped letter of authority issued on the letterhead of the business entity.  

1. By using JioKrishi you warrant, you will not, at any time:  

1. delete or modify any content on JioKrishi, including but not limited to, any information regarding the legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify;  

1. decompile, reverse engineer, or disassemble or otherwise tamper with, the contents of JioKrishi, whether in whole or in part, or create any derivative works therefrom;   

1. use JioKrishi, in any way that is unlawful, or adversely impacts JTL or any other person or entity;  

1. make false, inaccurate, inappropriate, misleading or malicious statements;  

1. post, copy, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage JioKrishi and/or any connected network, or otherwise interfere with any person or entity's use or enjoyment of JioKrishi;  

1. engage in any form of antisocial, disruptive, or destructive acts, including “flaming,”  

“spamming,” “flooding,” “trolling,”, “phishing” and “griefing” as those terms are commonly understood and used on the internet;   

1. post or upload any content, including reviews, that is libelous, defamatory, abusive, threatening, harassing, hateful, and offensive or otherwise violates any law or right of any third-party;  

1. attempt to gain unauthorized access to any portion or feature of JioKrishi, other systems, networks connected to JioKrishi, server, computer, network, or the services offered on or through JioKrishi by hacking, password ‘mining’, or any other illegitimate means;  

1. contact or attempt to contact the Customer(s), in any form or manner;  

1. probe, scan or test the vulnerability of the JioKrishi systems or JioKrishi software or any network connected thereto, nor breach the security or authentication measures on the JioKrishi systems or any network connected thereto;  

1. make any negative, denigrating, or defamatory statement(s) / comment(s) about JTL, the brand name or domain name used by JTL, or otherwise engage in any conduct or action that might tarnish the goodwill, image or reputation of JTL or other persons using JioKrishi or otherwise tarnish or dilute any JTL trademark, service marks, trade name and / or goodwill associated with such trade, service marks or trade name as may be owned or used by JTL;   

1. take any action that imposes an unreasonable or disproportionately large load on the infrastructure of JioKrishi or JTL’s systems, networks, or any systems or networks connected to JTL;  

1. take any action with the objective of securing favourable treatment by any officers, employees, agents or representatives of JTL, such as by extending gratuities, in the form of entertainment, gifts or otherwise;   

1. direct any users of JioKrishi to any website other than JioKrishi for any purpose by any means whatsoever, including without limitation by providing any third party links, information of third parties or information of your own commercial operations;   

1. attempt to damage or abuse another Seller, their listings or rating;  

1. attempt to influence customers’ ratings, feedback, and reviews or contact Customers to make promotional offers;  

1. send unsolicited or inappropriate communications to the Customers or any other user of JioKrishi and contact Customers except only through JioKrishi enabled messaging services;  

1. attempt to circumvent any JioKrishi policy or process; and/or (s) operate more than one Seller Account.   

5.4. You shall not host, display, upload, modify, publish, transmit, update or share any information which:  

1. belongs to another person and over which you have no right;  

1. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever, or unlawfully threatening or harassing, including but not limited to ‘indecent representation of women’ within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;  

1. is misleading in any way;  

1. is patently offensive to the online community, such as sexually explicit content or content that promotes obscenity, pedophilia, racism, bigotry, hatred, or physical harm of any kind against any group or individual;  

1. harasses or advocates harassment of another person;  

1. promotes illegal activity or conduct that is abusive, threatening, obscene, defamatory, or libelous;  

1. infringes upon or violates any third party's rights including but not limited to intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address, or phone number) or rights of publicity;  

1. promotes an illegal or unauthorized copy of another person's copyrighted work;  

1. contains restricted or password-only access pages, hidden pages or images (those not linked to or from another accessible page);  

1. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses;  

1. tries to gain unauthorized access or exceeds the scope of authorized access to the JioKrishi systems or software, profiles, blogs, communities, account information, bulletins, or solicits passwords or personal identifying information for commercial or unlawful purposes from other users on the JioKrishi;  

1. engages in commercial activities and/or sales such as contests, sweepstakes, barter, advertising, pyramid schemes, or the buying or selling of ‘virtual’ items without our prior written consent;   

1. solicits gambling or engages in any gambling activity which we, at our sole discretion, believe is or could be construed as being illegal;  

1. interferes with another’s use and enjoyment of JioKrishi;  

1. refers to any application/URL which, at our sole discretion, contains material that is inappropriate and content that is prohibited or violates the letter and spirit of these Terms;  

1. harms minors in any manner;  

1. involves the sale of counterfeit, stolen items or any other items in violation of applicable law;  

1. violates any law for the time being in force;  

1. deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;  

1. impersonates another person;  

1. contains software viruses or any other computer codes, 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/or  

1. threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any offence or, prevents investigation of any offence, or is insulting any other nation.  

5.5.     By using JioKrishi, you undertake that, at all times:  

1. you shall avail the Logistic Services (as defined below) for the delivery of your Product to the Customer. In case you incur any loss or damages on the Product, while availing the Logistics Services provided by JTL, you shall be eligible for reimbursement for such loss or damages in accordance with the provisions of the reimbursement policy;  

1. you shall provide such information relating to the Products or services offered by you through JioKrishi or by making use of the Services as may be required by JTL, including but not limited to such information as may be required from time to time to comply with the Consumer Protection (E-Commerce) Rules, 2020 and any other applicable law;  

1. you shall deposit all taxes/statutory levies/charges (“Statutory Liabilities”) with the relevant authorities and make all filings within the period prescribed under applicable laws. You will promptly provide to JTL the proof for the same, and such other information and documents as may be required by JTL. You agree that JTL may withhold the amount equivalent to any Statutory Liabilities (“Withheld Amounts”) until such time you provide proof of such deposit/filings. If you delay in depositing and/or fail to deposit such Statutory Liabilities within the period prescribed under applicable laws, JTL may at its sole discretion deposit the Statutory Liabilities, along with interest and penalties levied by the authorities. In such case, JTL shall be entitled to set-off the Statutory Liabilities (and interest and penalties, if any) paid to the authorities against the Withheld Amounts. If the Withheld Amounts are not sufficient for such set-off, you will reimburse JTL within 15 days of JTL notifying you of such payment of Statutory Liabilities (interest and penalties, if any);   

1. you will ensure that descriptions, images, and other content pertaining to Products or services being offered for sale by you on JioKrishi are accurate and correspond directly with the appearance, nature, quality, purpose and other general features of such good or service;  

1. you will not adopt any unfair trade practice, or falsely represent yourself (or contract or enter into an arrangement with any person to represent themselves) as a consumer and / or either directly or through any person post reviews about Products or services, or misrepresent the quality or the features of any Products or services;  

1. you will not engage in malpractices on JioKrishi relating to other Sellers of JioKrishi, such as by way of posting false/negative reviews about Products sold by other Sellers on JioKrishi;  

1. you consent and agree to be bound by the terms of the promotional offers being offered on JioKrishi in relation to the campaigns and offers you opt to participate in;  

1. you agree to be bound by such fulfillment, cancellation and rejection policies as we may lay down from time to time with regard to Transactions on JioKrishi;  

1. you shall maintain dedicated bandwidth to manage and support your obligations set out hereunder, including in relation to the Transactions on JioKrishi. Accordingly, you may designate a personnel who shall at all times be responsible for managing and supporting your obligations set out hereunder;  

1. you shall use JioKrishi and carry out each Transaction in accordance with the Terms and other criteria that may be set out by JTL from time to time;  

1. you will comply with all central, state and local laws, rules and regulations applicable in the relevant jurisdiction in India or anywhere else in the world, in relation to the use of JioKrishi and the Transactions carried out in connection thereto, as the case may be, under these Terms;  

1. you shall use JioKrishi for reasonable and lawful purposes only, and shall not indulge in any activity that is harmful to JioKrishi or its content or otherwise not envisaged through JioKrishi, as determined by JTL in its sole discretion;  

1. you shall comply with such grievance redressal mechanisms and dispute resolution mechanism (“Customer Redressal Mechanism”) as JTL may institute from time to time to address grievances or disputes arising between Sellers and Customers on JioKrishi or between Sellers inter-se, including any procedural rules under such Customer Redressal Mechanism. You agree to be bound by the decision applicable to you that is laid down under such Customer Redressal Mechanism. You agree to sign such documentation as may be necessary to further bind you under applicable law to the procedures and obligations under such grievance redressal mechanism or dispute resolution mechanism; and  

1. all information furnished or representations made by you to JTL or any third parties in connection with JioKrishi and / or Transactions in any capacity shall be true and accurate at all times.  

1. When you use JioKrishi, you agree that you may be involved in the transmission of personal information and sensitive personal information, including but not limited to Account Information (collectively “SPI”), which falls within the ambit of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011. You must take all necessary steps to secure and maintain the confidentiality of the  

SPI that you have transmitted in compliance with the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 and Information Technology (Security of Prepaid Payment Instruments) Rules, 2017. 

1. When you use JioKrishi, you agree that JTL may provide access to certain data of JioKrishi (“JTL Customer Data”) for the purpose of creating invoices or for providing installation or warranty services in relation to Transactions. Please note that you may use such JTL Customer Data only for the limited purpose mentioned above and shall not store or use such JTL Customer Data for any other purpose whatsoever. Further, without prejudice to the generality of the foregoing, you must delete all such JTL Customer Data and any copy thereof upon the deactivation of your account with us and provide JTL with such proof of destruction of the data as JTL may deem fit. JioKrishi reserves the right to blacklist you for any breach of this Clause and institute appropriate legal proceedings.   

6.     Disclaimer Of Warranties  

6.1.       By using JioKrishi you expressly agree and acknowledge that:  

             (a)      the information, content and materials on JioKrishi are provided on an “as is” and “as available” basis. JTL and all its subsidiaries, affiliates, officers, employees, agents and partners disclaim all warranties of any kind, either express or implied, including but not limited to, implied warranties on merchantability, accuracy, or fitness for a particular purpose;  

1. JTL does not pre-screen UGC and some UGC may contain views that may be opinions 

                          of users and also of experts. These views do not represent JTL’s opinions, beliefs, morals or values. You agree and acknowledge that JTL does not claim any ownership rights to the text, files, images including photos, videos, sounds, musical works or any UGC that you submit or publish on JioKrishi. After posting any UGC on JioKrishi, you continue to own the rights that you may have in that UGC, subject to the limited license set out herein below. JTL shall not be liable to ensure that the UGC on JioKrishi is accurate, complete or updated, that it will not offend or upset any person or that it does not infringe the intellectual property rights of third parties or JTL as the case may be;  

1. Without prejudice to the other rights available to JTL under these Terms, please note JTL shall have no liability for any infringement or claims which result from infringement of Intellectual Property (as defined below) of the Seller or of a third Party by the Seller including without limitation, any infringement arising out of modifications to the Intellectual Property of JTL made by you; use of the Intellectual Property of JTL in combination with any equipment, software, or data, not produced or authorized by JTL; use of your Intellectual Property by JTL in combination with any equipment, software, or data, as instructed or authorized by you; or use of the Intellectual Property of JTL by you in a manner that is unlawful, prohibited under these Terms or for a purpose not contemplated under these Terms;  

1. While JTL will try to make access to and use of JioKrishi error-free, however, your access to JioKrishi may be occasionally suspended or restricted to allow for repairs, maintenance, or for introduction of new facilities or Services. JTL shall not be liable for any access or use problems that arise from internet related issues at your end;    

1. JTL does not warrant that the operation of JioKrishi, including the functions contained in any content, information and materials on JioKrishi or any third-party sites or Services linked to JioKrishi will be uninterrupted, timely or error-free, that the defects will be rectified, or that JioKrishi or the servers that make such content, information and materials available are free of viruses or other harmful components;  

1. any material downloaded or otherwise obtained through JioKrishi is accessed by you at your own risk, and you will be solely responsible for any damage or loss of data that results from such download to your computer system and / or other electronic device;  

1. JTL shall not be liable to ensure that other users of JioKrishi are or will be complying with the foregoing rules or any other provisions of these Terms. As between you and JTL, you hereby assume all risk of harm or injury resulting from any such lack of compliance;   

1. JTL does not make any representations or warranties in relation to the Products or services proposed to be sold, offered to be sold or purchased on JioKrishi, including without limitation the quality, value, and / or usability thereof;  

1. JTL does not implicitly or explicitly support or endorse the sale or purchase of any Products and services on JioKrishi;   

1. JTL shall not be held liable for any intentional or unintentional actions, errors, omissions, and / or misrepresentations, non-performance or breach of any contract, of you or third parties in relation to the Products and Services and / or the Transactions on JioKrishi;   

1. You hereby agree that the title of the Products shall be with You till the time the Product(s) is delivered to the Customer. This would be applicable even when transit services are provided by JTL. It is further clarified that JTL shall not gain title to or have any rights or claims over the Products or services offered by you.   

1. irrespective of the reasonable efforts we may make in this regard, JTL cannot control the information provided by third parties which is made available on JioKrishi and subject to the applicable law, JTL will not be held liable in any manner with respect to such information provided by third parties; and  

1. all commercial / contractual terms including without limitation, price, shipping costs, payment methods, mode of delivery (subject to Logistic Services Terms and Conditions), and warranties related to Products and services and after-sales services related to Products and services offered by you on JioKrishi shall be your sole liability.  

1. all Services are provided by third parties service provider(s) under the Seller Enablement Network and by clicking on their links hosted on Seller App, you hereby agree with the terms and conditions of the respective websites for availing third party services. JTL disclaims any liability that may arise by availment of these third party services by you. In case of any difficulty, please contact the customer support of the third party service provider(s) available on the website of the third party service provider.  

7.     Indemnification  

7.1.     You will indemnify, defend and hold harmless JTL and its affiliates, and each of its and their officers, directors, employees, consultants, licensors, agents, and representatives from and against any claims including all third- party claims, losses, liabilities, damages, penalty (including from governmental authorities), inconveniences and / or costs (including reasonable attorney fees and costs) arising from or in any way connected with your access to or use of JioKrishi or the Transaction, violation of these Terms or applicable laws, or infringement of any rights related to Intellectual Property or other rights of JTL or any third-party. In addition to the foregoing and without prejudice thereto, you hereby agree to provide JTL with such assistance as JTL may require, at your expense, in defending any such claim, loss, liability, damage, or cost. Your indemnification obligations hereunder will survive the expiry or termination of these Terms and/or your use of the Service.  

8.     Limitation Of Liability  

8.1.     By using JioKrishi you, hereby acknowledge and undertake that you are accessing JioKrishi, transacting at your own risk and are using your best and prudent judgment before entering into any Transactions or any commercial or non-commercial arrangements through JioKrishi. You hereby release and agree to indemnify JTL and / or any of its officers and representatives from any cost, damage, liability or other consequence of any of your actions on JioKrishi and specifically waive any claims that you may have in this behalf under any applicable law.  

8.2.     To the fullest extent permitted by law, in no event shall JTL or any of its directors, officers, employees, agents or content or service providers (collectively, the “JTL Representatives”) be liable to you for any direct, indirect, special, incidental, consequential, exemplary, special, remote or punitive damage, including, but not limited to damages for loss of profits, goodwill, use, data or other intangible losses arising from, or directly or indirectly related to, the use of, or the inability to use, JioKrishi or the content, materials and functions related thereto, the Services, the provision of information via JioKrishi, loss of business, even if JTL or such JTL Representatives have been advised of the possibility of such damages.  

8.3.    Notwithstanding Clause 8.2 of Part A above, the total cumulative liability of JTL or JTL Representatives in relation to any losses arising out of direct damages shall not exceed an amount equal to total Transaction Fees actually paid to JTL for the period of 12 (Twelve) calendar months immediately preceding the claim for such liability.   

8.4.               In no event shall JTL or the JTL Representatives be liable for:  

1. the use or inability to use JioKrishi;   

1. any content posted, transmitted, exchanged or received by or on behalf of you or other person on or through JioKrishi;  

1. any unauthorized access to or alteration of your transmissions or any other third parties’ data; or  

1. any other matter relating to JioKrishi.  

1. By using JioKrishi, you agree and acknowledge that JTL is neither liable nor responsible for any actions or inactions of the other users of JioKrishi or any breach of conditions, representations or warranties by them. JTL is not obligated to mediate or resolve any dispute between you and other users of JioKrishi. JTL is only a facilitator between the third party service providers and you. You shall be entering into separate agreements with third party service providers if you choose to avail Services from them and any dispute or liability arising with such third part service providers, would be governed as per your agreement with third party service providers.   

1. JTL or its Representatives or its affiliates shall not be personally liable for any action in connection with JioKrishi wherein the Services are not directly provided by JTL.  

9.     Confidentiality  

9.1.       By using JioKrishi, you acknowledge and agree that during the period of your use of JioKrishi, you might have access to confidential and proprietary information, in oral or written form, whether marked as confidential or not, belonging to JTL or a third-party, including Customers of JioKrishi, to whom confidentiality obligations are owed, including information relating to these Terms; strategic data (technical, financial, commercial or otherwise); methods of operation, databases, flowcharts, or diagrams; prospective new ventures; policies and procedures regarding the design, development, marketing pricing and distribution of existing and prospective services; research methods and results; creative and programming tools, methodologies, techniques; the identities of Sellers, business partners (actual or prospective), business and marketing plans, financial information, data and accounts, sell through data; business practices, operational or security procedures, internal policies, personnel information, training techniques, passwords; contractor relationships and strategic alliances; or consulting services (“Confidential Information”). Provided however that, Confidential Information shall not include any information generally known to the public (other than as a result of unauthorized disclosure by you).   

9.2.     You must, during the period of its use of JioKrishi and at any time thereafter:  

1. hold in trust and confidence and protect and maintain the confidentiality of the Confidential Information belonging to JTL;  

1. not use the Confidential Information belonging to JTL or any part thereof for any purpose other than to perform under these Terms;  

1. treat all Confidential Information belonging to JTL with the same degree of care to avoid disclosure to third-parties as is used with respect to its own confidential information, but not less than a reasonable degree of care;   

1. take adequate steps and procedures to prevent loss of any Confidential Information belonging to JTL and in the event of any loss or misappropriation of such Confidential Information, inform JTL in writing immediately;   

1. without prejudice to the generality of Clause 9.3 of Part A below, return to JTL all the Confidential Information including all notes, copies, translations, conversions, modifications and derivations thereof, upon completion of the need of such Confidential Information or upon the termination of these Terms; and  

1. ensure that each of its personnel, employees or sub-contractors who have access to the Confidential Information of JTL have agreed to be bound by the same obligations of confidentiality and non-use as apply to you under these Terms.  

1. These Terms shall not restrict either you or JTL from complying with any legal requirement to disclose Confidential Information, provided that you promptly notify JTL of such legal requirement to the extent that you are not prohibited from doing so by applicable laws, so that JTL may seek to quash such order and to obtain a protective order requiring that the relevant Confidential Information be held in confidence by such court or agency or, if disclosed, be used only for the purposes for which the order was issued. You must cooperate fully with JTL in any such proceeding.  

1. By using JioKrishi, you agree, acknowledge and understand that any disclosure or misappropriation of any of the Confidential Information in violation of these Terms may cause irreparable harm to JTL, the amount of which may be difficult to ascertain.  Without prejudice to any other rights available to JTL under these Terms or otherwise, JTL shall have the right to apply to a court of competent jurisdiction for specific performance and / or an order restraining and enjoining any such further disclosure or breach and for such other relief as JTL shall deem appropriate. To clarify, such right of JTL shall be in addition to the remedies otherwise available to them, at law or in equity. 

1. For avoidance of doubt, it is hereby clarified that, you shall not disclose the provisions of these Terms, without the prior written consent of JTL.   

10.     Account Deactivation  

10.1.     In the event, you are desirous of deactivating your account and ceasing all use of JioKrishi, then you shall notify JTL in writing. JTL shall within 30 (Thirty) calendar days of receiving the written notice deactivate your account on JioKrishi. You hereby agree that JTL shall have the right, but not the obligation to put your account and all related Transactions and payments on hold for a period of 60 (Sixty) calendar days, to carry out such closing procedures as JTL may deem fit at its sole discretion. Provided that, JTL shall have the right, but not the obligation to refuse any such request for deactivation of accounts from you, until you have completed payment of all such consideration as may be outstanding to be paid to JTL.  

10.2.     You hereby agree and acknowledge that JTL shall continue to retain your information after the deactivation of your account or the termination of these Terms for any reason whatsoever.   

10.3.     JTL shall have the right to temporarily suspend or permanently terminate your access to JioKrishi with or without notice and to exercise any other remedy available under law with immediate effect:  

1. if you or any of your representatives / agents commit a breach these Terms;  

1. in the event any other user reports a violation of any of their rights as a result of your use of JioKrishi;  

1. in the event you provide JTL with any information which is untrue, inaccurate, misleading, not current, or incomplete; or in the event, JTL has reasonable grounds to suspect that such information is untrue, inaccurate, misleading, not current or incomplete;  

1. in the event there is any suspected illegal, fraudulent or abusive activity by you;  

1. in the event you file a petition for bankruptcy or insolvency, or are unable to pay your debts, or are subject to a petition presented before a court for winding up;  

1. in the event you commit an act of dishonesty, fraud, gross negligence or wilful misconduct, including without limitation, theft or misappropriation (or attempted theft or misappropriation) of the property of JTL or an act that is detrimental to the pecuniary interests, reputation or goodwill of JTL; and / or  

1. in the event you are convicted of a crime or enters into a guilty plea in respect of a crime under applicable laws.  

11.     Consequences Of Account Deactivation  

11.1.    Subject to Clause 11.5 below, deactivation of your account and / or termination of Seller’s access to JioKrishi shall not have the effect of relieving the Parties of any obligations accruing to them at any time prior to the deactivation/termination hereof, including any fulfilment of Customer orders placed on JioKrishi before such deactivation/termination of your account.   

11.2.     Upon deactivation of your account and / or termination / suspension of your access to JioKrishi, your right to access JioKrishi or undertake any Transactions will immediately cease and JTL reserves the right to remove or delete your user information, including but not limited to login credentials, account details and information posted by you.  

11.3.     Upon deactivation of your account and / or termination / suspension of your access to JioKrishi, all rights, licenses and authorization granted by either party hereunder shall terminate forthwith, and you shall immediately cease using and destroy / return any Intellectual Property of JTL or any other information provided by JTL during the period of use of JioKrishi by you, any copies thereof in accordance with the instructions of JTL. If JTL requires for you to destroy any such information, you shall provide a written certification signed by an authorized officer of you, that such information of JTL has been destroyed.  

11.4.    Upon deactivation of your account and / or termination of your access to JioKrishi, for any reason other than as provided in Clause 10.3 of Part A above, JTL shall, within a reasonable time, pay to you, all outstanding amounts that have accrued to you, until such deactivation/termination.   

11.5.     Upon deactivation of your account and / or termination of your access to JioKrishi for any reason provided in Clause 11.3 of Part A above, JTL shall pay all outstanding amounts to you that have accrued to you until such deactivation/termination. Such full and final settlement shall be subject to any investigations that may be initiated against you and/or in relation to the events listed out in Clause 10.3 of Part A above that resulted in deactivation/termination of your access to JioKrishi. Subject to pending investigation, all settlements shall be done within 60 days from the date of termination.  

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B.     SERVICE FEE AND PAYMENT  

Payment terms between Seller and Customers:  

1. Transactions, Transaction price and all commercial terms such as delivery, warranties related to Products or services, dispatch of Products and / or services shall be as per principal to principal bipartite contractual obligations between Seller and Customer.   

1. With the limited intent to facilitate Transactions, JTL may itself or through third parties, provide as agreed payment cash on delivery mechanisms, on such terms and conditions as JTL may deem fit at its sole discretion, (“Payment Facility”). Use of such Payment Facilities shall be subject to the payment settlement mechanism as set out in the Fee Schedule and the terms and conditions provided by the relevant payment facility. Such Payment Facilities may include without limitation:  

1. Net-banking;  

1. Digital Wallets;  

1. Credit / Debit Cards;  

(iv)     UPI  

1. Cash on Delivery; and/or  

1. Coupons on Delivery 

1. You explicitly authorize JTL and or its service providers to collect, process, facilitate, and remit payments and/or the Transaction price through agreed payment mechanism cash on delivery to and from Customers in respect of Transactions through Payment Facility.   

1. By using JioKrishi, you agree and acknowledge that any consideration provided by a Customer with respect to a Transaction, will be remitted to a Seller’s bank account in accordance with the applicable laws, and the Fee Schedule, only in the event that:  

1. Customer has not raised any dispute in relation to the Products and / or services provided by you to the Customer in the stipulated time period;  

1. Customer has not taken any action on Payment Facility to confirm delivery within such a time period as provided in the policies despite confirmation of dispatch of Products and/or services by a Seller to the Customer; and  

1. there are no other pending disputes with respect to the monies paid by the Customer.  

1. Please note that any dispute with respect to the payment of any consideration / monies to the Seller shall be subject to the Fee Schedule and where JTL deems fit, it shall have the right but the obligation to resolve such dispute at its discretion.   

1. By using JioKrishi, you hereby agree and acknowledge that:  

1. In the event the description of any item posted by you on JioKrishi does not match the actual condition of the item or the MRP declared by you on JioKrishi is more than the actual MRP, you must refund, at your own cost, entire amount towards the Product that you may have received from any third party including the Customers;  

1. you shall not refuse to take back goods, or withdraw or discontinue services purchased or agreed to be purchased, or refuse to refund the excessive amount in case of if paid, if such Products or services are defective, deficient or spurious, or if the Products or services are not of the characteristics or features as advertised or as agreed to, or if such goods or services are delivered late from the stated delivery schedule. Provided that this sub-clause shall not apply in the case of late delivery caused due to force majeure;  

1. JTL shall not have any liability in relation to and does not guarantee the identity of any user of JioKrishi or the successful completion of any Transaction undertaken on JioKrishi;  

1. use of Payment Facility shall not render JTL liable in any manner whatsoever, with respect to the Products and / or services listed on JioKrishi by you, including without limitation, for non–delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after-sales or warranty services or fraud in relation thereto;  

1. the Payment Facility is neither a banking nor financial service, but merely a facilitator providing an electronic, automated online electronic payment facility for receiving payment, or cash on delivery payment, collection and remittance for Transactions on JioKrishi using the existing authorized banking infrastructure and credit card payment gateway network;   

1. by providing Payment Facility, JTL neither acts as a trustee nor fiduciary with respect to any Transaction or Transaction price; and  

1. You hereby undertake to pay to JTL the consideration towards all payables to JTL within the credit period or the invoice terms as the case may be. You hereby authorize JTL to contact you directly or through third party agents from time to time regarding amounts receivables by JTL.  

1. You hereby agree and undertake to not get in touch with the Customers or even prospective Customers directly or indirectly.  

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C.     LISTING OF PRODUCTS / SERVICES ON JIOKRISHI  

1. You must list Products and / or services for sale on JioKrishi in accordance with these Terms and such other criteria as JTL may notify from time to time.   

1. By using JioKrishi it is understood that you agree and acknowledge that you are legally competent and permitted to sell the item(s) that you list for sale on JioKrishi (“Item Listing(s)”) and have all the necessary licenses, certificate, approvals and permits required for such sale. Each Item Listing must be made in accordance with applicable laws, including without limitation to the Consumer Protection (E-Commerce) Rules, 2020.  

1. Each product listed and offered for sale by you on JioKrishi is made available as per the delivery timelines committed and you will maintain sufficient stock of inventory to fulfill the Customer orders received through JioKrishi.  

1. By using JioKrishi you warrant and undertake that descriptions, images, and other content pertaining to Products or services provided by you on JioKrishi are accurate and correspond directly with the appearance, nature, quality, purpose and other general features of such goods or services.   

1. You will be liable to ensure that each Item Listing and advertisements for marketing of Products or services are consistent with the actual characteristics, access and usage conditions of such Products or services being listed on JioKrishi.  

1. You must ensure that all items are listed in the appropriate category on JioKrishi.  

1. You must at all times, for packaging the products, utilize the packaging materials, advertising, merchandising and promotional materials as per recommended packaging guidelines that will be set out (“Packaging Guidelines”) and communicated to you from time to time.   

1. Please note that, you will be liable to ensure that each Item Listing explicitly provides:  

1. all contractual information required to be disclosed under applicable law;  

1. total price in single figure of any good or service, along with the breakup price for the Product or service, showing all the compulsory and voluntary charges such as delivery charges, postage and handling charges, conveyance charges and the applicable tax, as applicable;  

1. all mandatory notices and information provided as per applicable laws for the Product being offered for sale, where applicable;  

1. details about you, including the name of your business, whether registered or not, your geographic address, customer care number, any rating or other aggregated feedback about you, and details about the Products and services offered for sale by you including country of origin  which are necessary for enabling the consumer to make an informed decision at the prepurchase stage;  

1. the name and contact numbers, and designation of the grievance officer for consumer grievance redressal or for reporting any other matter;  

1. name and details of importer, and guarantees related to the authenticity or genuineness of the imported Products and applicable Harmonized System of Nomenclature Code (“HSN Code”);  

1. accurate information related to costs of shipping in a clear and accessible manner;   

1. accurate information related to applicable taxes including without limitation, the applicable GST;  

1. relevant details related to delivery and shipment of such Products or services; and  

1. any relevant customer support, after sales services (including without limitation repairs, replacements, alterations and maintenance), guarantees and / or warranties applicable to Products or services offered and / or sold by you on JioKrishi (“Product Support”).   

1. Please note that, you shall be liable for providing all Product Support for the entirety of the applicable time-period of such Product Support. For clarification, your liability to provide Product Support shall survive the termination / cessation of your account / arrangement with us.   

1. You must not list a single Product in multiple quantities across various categories on JioKrishi.   

1. You must at all times ensure that any Item Listing does not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties.   

1. You must immediately notify us in writing, in the event you have ever offered Products or services that have previously been removed or access to which has previously been disabled under the Copyright Act, 1957 (14 of 1957), the Trade Marks Act, 1999 (47 of 1999) or the Information Technology Act, 2000 (21 of 2000), and provide such other information and / or documentation as we may request in this regard.  

1. You must ensure that the MRP or the RSP of the listed item is captured correctly as per the amount declared on the package and ensure that the same is reflecting correctly on JioKrishi.   

1. You must at all times ensure that all listed items are kept in stock for successful fulfillment of sales.  

1. You shall maintain adequate stocks for sale on JioKrishi and update stock status frequently to avoid your product being “out of stock” on a frequent basis.   

1. Please note that, we have, the right but not the obligation, to delete any listings of any items or otherwise the selling of Products with or without notice and / or cause, at our sole discretion.  

1. Any/all warranties on the Products listed by you on JioKrishi shall be solely provided by you and JioKrishi shall not be directly or indirectly liable for the same.  You shall continue to be liable for such warranties notwithstanding the deactivation/suspension/termination of your account as per the terms hereof. You shall provide clear and ordinarily comprehensible terms & conditions of warranty in relation to such Products, including period of warranty, conditions for offering warranty or any other condition important towards fulfilling warranty should be provided. You shall provide all such details to JioKrishi for mentioning in the product description page.   

1. In the event a longer warranty period is provided by you on other websites (both online and offline) on a similar product, then such longer warranty period shall also be offered on the Products listed by you on JioKrishi.  

1. Third party warranty services may be offered on JioKrishi. These third party warranty services do not replace the warranties required to be provided by you on the Item Listings. These third party warranty services are over and above the warranty provided by you and as per the terms agreed between the Customer and the third party warranty service provider.   

1. If you are offering promotions/discounts/offers on Products sold by you on other websites (both online and offline), and the same products are also listed on JioKrishi, JTL expects you to promptly inform it of such promotions/discounts/offers. JTL also expects that you would extend the most favourable promotions/discounts/offers to the Customers on JioKrishi as well.   

1. You may avail on JioKrishi, through a third party, assistance on catalogue creation. JTL is only a facilitator and is not responsible for any error or discrepancy in the catalogue or the product description page. JTL shall not be liable for any shortfall in the service provided to you by the third party. You hereby agree to monitor the cataloging services of the third party availed by you regularly and correct any error or discrepancy immediately on JioKrishi. You will be solely liable for any such error or discrepancy.   

1. You shall provide correct images and description of the product and monitor whether the same is being reflected correctly on the JioKrishi website from time to time.   

1. You shall adhere to all applicable laws in India including but not limited to Legal Metrology Act, 2009, The Seeds Act, 1966, The Insecticides Act, 1968, Fertilisers Act 1985 and such other laws relating to the Transactions.   

24.     Access Outside the Republic of India  

1. By using JioKrishi, you agree and acknowledge that we make no representations that the content on JioKrishi is appropriate to be used or accessed outside the Republic of India.  

1. Any users who use or access JioKrishi from outside the Republic of India, do so at their own risk and are responsible for compliance with the laws of such jurisdiction.   

1. These Terms do not constitute, nor may these Terms be used for or in connection with any promotional activities or solicitation by anyone in any jurisdiction in which such promotional activities or solicitation are not authorized or to any person to whom it is unlawful to promote or solicit.   

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D.     PRIVACY POLICY   

1. This privacy policy (“Privacy Policy”) governs your use of JioKrishi and describes our policies and procedures on the collection, use, disclosure, processing, transfer, and storage of the information provided to us by you. By using, browsing, accessing, listing Products or services, or purchasing from JioKrishi you agree to be bound by the terms of this Privacy Policy and consent to the collection, storage, possession, dealing, handling, sharing, disclosure or transfer of your information in accordance with the terms of the Privacy Policy. We shall not use your or the Customer’s information in any manner except as provided under this Privacy Policy.  

Capitalised terms used herein if not defined shall have the same meaning as ascribed to them under the Seller Terms.   

1. This Privacy Policy sets out the type of information collected from the Sellers, including the nature of the Sensitive Personal Data or Information (defined hereinafter), the purpose, means and modes of usage of such information and how and to whom we shall disclose or transfer such information. You may at any time withdraw your consent for collection and use of your information including Personal Information (defined hereinafter) or Sensitive Personal Data or Information. However, please note that if you withdraw your consent, we may no longer be able to provide you with the corresponding service for which you have withdrawn your consent. It is hereby clarified that your decision to withdraw your consent will not affect the processing of Personal Information based on your previous consent prior to the withdrawal.  

1. You may be asked to provide your information anytime you visit, access, use or browse JioKrishi or the Seller App. We may share information and use it consistent with the provisions of this Privacy Policy. We may also combine it with other information to provide and improve our Products, services, content and advertising.   

1. You agree to provide information, which shall be true, correct, up to date and accurate. You may access, amend, alter or require deletion of your Personal Information and Sensitive Personal Data or Information partially or fully by contacting us at Care.JiokrishiSeller@jio.com.[insert the seller support email id].   

1. JioKrishi is not directed towards minors and we do not knowingly collect Personal Information from any user who is under 18 (Eighteen) years. If we are made aware that we have collected the Personal Information of a person below the age of 18 (Eighteen) years, we will take steps to delete the information within a reasonable time frame. If a parent or guardian becomes aware that his or her child has provided his/ her information on JioKrishi without their consent, he or she shall contact us for the deletion of such information. In the event, where in contravention to the Privacy Policy, a person below the age of 18 (Eighteen) uses the Services, we shall not be held liable or responsible for any damage or injury suffered by such person.  

1. We may collect a variety of information from you, including your name, password, mailing address, phone number, email address, geolocation, customer care number, any rating or other aggregated feedback about you, and details about the Products and services offered for sale by you including but not limited to country of origin which are necessary for enabling the consumer to make an informed decision at the pre-purchase stage, business category, GSTIN (if any), business ownership type, business address,  with proof of Business Documents (Udyog Aadhaar, Trade License, Shop and Establishment Certificate, Distributor’s Bill, GST, Registration License , and Personal Documents (Pan Card, Driving License, Passport, Voter’s Id) (“Registration Documents”) and contact preferences, including any other usage and interaction details with us or our affiliates. We may collect such information which when combined with other pieces of information available with us could reasonably allow you to be identified (“Personal Information”). Personal Information shall include but is not limited to your full name, personal contact numbers, residential address, email address, gender or date of birth.   

1. We may also collect, receive, process or store certain sensitive personal data or information consisting of, but not limited to:  

1. Password;  

1. Financial information such as bank account or credit card or debit card or other payment instrument details;  

1. Physical, physiological and mental health condition;  

1. Any detail relating to the above Personal Information categories as provided to us for providing service; and  

1. Any of the information received under above Personal Information categories by us for processing, stored or processed under lawful contract or otherwise.  

                   (Collectively, referred to as “Sensitive Personal Data or Information”).   

1. You may be asked to provide your sales data, including but not limited to name and details of importer, and guarantees related to the authenticity or genuineness of the imported Products and applicable Harmonized System of Nomenclature Code etc. to provide better sales experience to you as a Seller and also to the Customers while browsing the Products. You may also be asked to provide the name and contact numbers, and designation of the grievance officer for consumer grievance redressal or for reporting other matter. You hereby acknowledge and agree that the catalogue data of your Products, excluding any Sensitive Personal Data or Information may be shared with the affiliate companies.   

1. We may collect, use or process your information including Personal Information and Sensitive Personal Data or Information and any other credentials as may be required for the following purposes:   

1. For creating and giving you access to your registered account on the JioKrishi.  

1. To develop, deliver, process and improve our services, content in order to personalize and improve your experience on JioKrishi.  

1. To inform you about our services, offers, updates, upcoming events, including providing you information in relation to order confirmations, invoices, technical notices, security alerts.   

1. For internal analytical and research purposes such as auditing, data analysis and research to improve our services and Customer communications.  

1. To meet any legal or regulatory requirement or comply with a request from any governmental or judicial authority.  

1. To automate the Transactions on JioKrishi for a smooth Customer experience such as generation/ processing of e-way bills.    

1. To resolve any request, dispute, grievance or complaint raised by Customers in relation to Products or services provided by you on JioKrishi.   

1. To detect or monitor any fraudulent or illegal activity on JioKrishi.  

1. We may from time to time be required to disclose the information collected from you to our trusted third-party service providers which may include other B2B platforms who assist us in order to facilitate the provision of services and purchase of Products on JioKrishi and other platforms operated by JTL, to improve your experience. For instance, we may share your information with third party payment gateway provider to process Transactions on JioKrishi or third party for enhancing product selection or sales on JioKrishi. By using JioKrishi, you consent to any such disclosure of your information with third party service providers. We ensure that such third-party service providers are bound by reasonable confidentiality obligations and/ or use, maintain and follow generally accepted industry and security standards with respect to such information.   

1. We may also disclose your information when such disclosure is requisitioned under any law or judicial decree or when we, in our sole discretion, deem it necessary in order to protect our rights or the rights of other Users, to prevent harm to persons or property, to fight fraud and credit risk.   

1. We may also disclose or transfer your information to any third party as a part of reorganization or a sale of the assets, division or transfer of a part or whole of us. We shall ensure that third party to which we transfer or sell our assets will have appropriate confidentiality and security measures, at least as protective as those described in this Privacy Policy, to handle your Personal Information. You will have the opportunity to opt out of any such transfer if the new entity's planned processing of your information differs materially from that set forth in this Privacy Policy.  

1. A third party payment gateway provider or payment aggregator service provider may be required to collect certain financial information from you including, but not restricted to, your credit/debit card number or your bank account details (collectively referred to as “Financial Information”). You consent to the collection of your Financial Information for this purpose either by JTL or the third-party payment gateway or aggregator for the purposes of settlement of Transactions in accordance with applicable guidelines issued by the Reserve Bank of India. All Financial Information collected from you by JTL and/or such third party payment gateway providers will be used only for billing, payment and settlement processes. The Financial Information collected from you is transacted through secure digital website of approved payment gateways which are under encryption, thereby complying with reasonably expected technology standards. The verification of the Financial Information shall be accomplished only by you through a process of authentication in which we shall have no role to play and hence, we shall bear no liability in relation to the same. We shall neither be liable nor responsible for any actions or inactions of third party payment gateway providers or any breach of conditions, representations and warranties given by them. We shall also not be obligated to mediate or resolve any dispute or disagreement between you and such third party payment service providers.  

1. While we take best efforts to ensure that your information including Personal Information, Financial Information and Sensitive Personal Data or Information is duly protected by undertaking security measures prescribed under applicable laws, you are strongly advised to exercise reasonable discretion while providing Personal Information or Financial Information while using the Services given that the Internet is susceptible to security breaches.  

1. Your information may also be transferred, stored or processed in any country other than the one where you access JioKrishi. For purposes of sharing or disclosing data in accordance with the Privacy Policy, we reserve the right to transfer your information outside of your country. By using JioKrishi, you consent to such transfer of your information outside of your country and also within our affiliates, subsidiaries and partners whose personnel and subcontractors, provided they have agreed to ensure the same level of data protection as prescribed under this Privacy Policy and the data protection laws of India. The information may be transferred in the event it is necessary for the performance of the Services, operation of JioKrishi and provision of Products as agreed upon between us and the third party.  

1. Your information may also be shared with Customers if they seek to contact the Sellers directly. We shall not be obligated to mediate or resolve any dispute or disagreement between you and such end Customers of JioKrishi.  

1. We may keep records of telephone calls received from and made to Customers for the purpose of administration of services, research and development, training, business intelligence, business development, or for Customer administration. We may share such telephone records with third parties when required by law or when required to provide or facilitate the Customer with the services.  

18.     Security  

18.1     The security of your Personal Information is important to us. We have implemented security policies, rules and technical measures, as required under applicable law including firewalls, transport layer security and other physical and electronic security measures to protect the Personal Information that it has under its control from unauthorized access, improper use or disclosure, unauthorized modification and unlawful destruction or accidental loss. When you submit your information on JioKrishi, your information is protected through our security systems. Please note that we use international and industry-recognized standards such as per applicable laws, rules and regulations.   

18.2     Your information is contained within secured networks and is only accessible by a limited number of authorized persons who have access rights to such systems or otherwise require such information for the purposes provided in this Privacy Policy. These authorized persons are also under an obligation to keep such information confidential.  

18.3      Although we make best possible efforts to transmit and store all the information provided by you in a secure operating environment that is not open to public, you understand and acknowledge that there is no such thing as complete security and we do not guarantee that there will be no unintended disclosures of any information and potential security breaches. You agree not to hold us responsible for any breach of security or for any action of any third parties that receive your Personal Information or events that are beyond our reasonable control including, acts of government, computer hacking, unauthorized access to computer data and storage device, computer crashes, breach of security and encryption, etc.  

18.4      We may share with you information and details of the Customers for you to fulfill, including but not limited to, installation, demonstration or any warranty related services as requested by the Customer towards the Transactions on JioKrishi. You undertake to make best possible efforts to protect the information of Customers of JioKrishi which may become available to you by virtue of Transactions taking place between the Sellers and the Customers on JioKrishi. You agree that such information shall be used only for the fulfillment of the aforementioned services in line with the request raised by the Customer and you shall ensure that such information is not misused or disclosed to any third-parties or any other unauthorized persons by you or your authorised representative whether directly or indirectly. We shall not be responsible for any breach of Customer information. It shall be the sole responsibility of Sellers to comply with all applicable data protection laws in relation to the collection and processing of Customer information. The Seller shall indemnify and hold harmless JTL from any and all claims resulting from the Seller’s non-compliance with data protection laws and breach of Customer information. To ensure your compliance of this Clause, you shall have taken adequate measures including the implementation of the ‘security measure’.   

19.     Cookies Policy  

19.1      Due to the communications standards on the Internet, when you visits, access or browse JioKrishi or the Seller App, we automatically receive the uniform resource locator of the site from which such you visit, access or browse JioKrishi, details of the website you visit on leaving JioKrishi, the internet protocol (“IP”) address of each Seller’s computer operating system, type of web browser the Seller is using, email patterns, and the name of the Seller’s internet service provider. This information is used solely to analyse overall Seller trends and to help us improve our Services. Please note that the link between the Seller’s IP address and the Seller’s personally identifiable information is not shared with third parties without such Seller’s permission or except when required by law or to provide or facilitate the Seller with the services. Notwithstanding the above, the Seller acknowledges that we reserve the right to share some of the aggregate findings, including the personal information provided by the Sellers in an unidentifiable, aggregate form, and not the specific data with advertisers, sponsors, investors, strategic partners, and others in order to help grow the business. The amount of information sent to us depends on the settings of the web browser used by the Seller to access JioKrishi. The Seller may refer to the browser used, if the Seller wishes to learn what information is provided to us.  

19.2      JioKrishi uses temporary cookies to store certain data. We do not store Personal Information in the cookies. Information collected by us, by any means whatsoever, that does not personally identify the Seller as an individual (such as patterns of utilization described above) is exclusively owned by us and may be used by us and third party service providers for technical administration of JioKrishi, user administration, research, development, and other purposes.   

19.3    You understand that you may set or amend your web browsers to delete or disable cookies. If you choose to disable cookies on your computer or mobile telecommunication device, it may impair, degrade or restrict access to certain areas of JioKrishi.   

19.4     You agree and understand that we do not exercise control over third party websites displayed as search results or links on JioKrishi. These other sites may place their own cookies or other files on the Sellers’ computer, collect data or solicit personal information from the Sellers, on which we have no control and shall not be held responsible or liable. We do not make any representations concerning the privacy practices or policies of such third parties or terms of use of such websites, nor do we guarantee the accuracy, integrity, or quality of the information, data, text, software, sound, photographs, graphics, videos, messages or other materials available on such websites. The inclusion or exclusion does not imply any endorsement by us of such websites, the websites’ provider, or the information on the website.  

19.5     We may keep records of telephone calls received from and made to You for the purpose of administration of services, research and development, training, business intelligence, business development, or for administration. We may share such telephone records with third parties when required by law or when required to provide or facilitate  the services.  

20.     Opt-Out Policy  

20.1     The third party service providers with whom we may share information provided by you are not permitted to market their own services or send promotional e-mails or engage in promotional communication with you. We provide you with the opportunity to opt-out of receiving non-essential, promotional, or marketing-related communication from itself or its partners.   

21.     Retention of information   

21.1     We will retain your information and any data for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted under the applicable law.   

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E.     FULFILLMENT POLICY  

1.     Terms of use of Logistics Services  

1.1         Upon generation of an invoice once the order is placed with JioKrishi by the Customer, JioKrishi would allocate a third-party logistics service provider (“Logistic(s) Partner”) engaged by JTL (“Logistic(s) Services”) to arrange for pick-up of the Product(s).  

1.2        You shall pay to JTL shipping and logistics fee (“Shipping Fee”) as may be levied by us towards availment of Logistics Services from time to time. You further agree that Shipping Fee shall be deducted from the amount receivable towards your Transactions on JioKrishi. The Shipping Fee shall be calculated on the basis the nature, volume and/ or the logistics/ reverse logistics required by the Product and shall be applicable as per the rate card provided in the bill plan available on the Seller App. You may access the detailed break-up of the Shipping Fee under the ‘Bill plan’ section on the Seller App. The Shipping fee indicated in the Seller App is based on the shipment weight and the approximate charges. In case the actual weight of the goods differ from the charged weight, JTL reserves the right to credit or debit such additional amount in the Shipping Fee charged to the Sellers. Charged weight being calculated based on data entered by you during the listing process.  

1.3      The Logistic(s) Partner would be assigned by the discretion of JTL depending upon pincode serviceability. The Seller shall be communicated the timeslots within which the Products would be picked up by the Logistics Partner. The Seller must always keep JTL informed about availability and / or any holiday observed by the Seller to ensure that pick-up timelines are not affected. The Seller may update the warehouse/ store operating hours of the Seller for efficient logistics serviceability on the Seller App.   

1.4      The Seller is required to ensure that the Product(s) are packed in accordance with the Packaging Guidelines and are ready for pick-up by the Logistics Partner as per the provided time-slot. The Seller must ensure that the Products are handed over to the Logistics Partner after label scan at the premises of the Seller. In case of any failure, JTL shall not be responsible for loss or damage to the Products. The Seller must provide the documents as necessary to accompany the Products for transportation by the Logistics Partner.   

1.5        The Seller is advised to strictly adhere to the Packaging Guidelines for all Products in particularly Liquid Products. If the Products are found to be leaking or not packed in accordance with the Packaging Guidelines at the time of pick-up, the Logistics Partner may refuse to pickup the Products from your location. In case the Products are found to be leaking in transit, the Logistics Partner may destroy the Product in accordance with the policy. The Seller may claim reimbursement as per the applicable policy. It is hereby clarified that the Seller shall not eligible to claim reimbursement if the Products are not packaged according to Packaging Guidelines.    

1.6        You hereby agree that in case the Products are reasonably inferred to be contraband in nature or in contravention of applicable law/ JTL’s policies or may cause any harm to life or property, the Logistics Partner / JTL may destroy the Products, without any notice or intimation to you. It is hereby clarified that, you shall not be eligible for any reimbursement for such destruction of the Products.   

2.     Reverse Logistics  

2.1       Upon a customer initiating rejection for a Product, the Logistics Partner shall pick-up such rejected Product and deliver it back to the Seller. Once the Products are picked up from the Customer, the Product would be delivered to the Seller within seven (7) days by the Logistics Partner. The Seller must accept the Products when the Product is delivered to the Seller by the Logistics Partner post rejection by the Customer, on the day of delivery.  

3.     Indemnification   

3.1      You agree to indemnify, defend and hold harmless JTL, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives (collectively, the “JTL Representatives”) from and against any and all claims including third- party claims, losses, liabilities, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of Logistics Services, information shared by you, on JioKrishi, and in the documents accompanying the Products, or infringement of any intellectual property or other rights of JTL or any third-party. JTL will notify you promptly of any such claim, loss, liability, or demand, and in addition to the foregoing, you agree to provide JTL with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost. Your indemnification obligations hereunder will survive the expiry or termination of these Fulfillment Services terms and conditions and / or your use of the Logistics Services and / or JioKrishi.   

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H.     GENERAL TERMS   

1.     Term  

1.1.     These Terms shall commence on and from the date of execution of the Terms and shall remain valid until termination of your account, in accordance with Clause 10 and 11 of Part A of these Terms (“Term”).   

1.2.      The Terms may be terminated at any time: (i) by JTL due to a breach of any of the terms of these Term, by providing a notice to the Seller; or (ii) in accordance with Clause 10 and 11 of Part A of these Terms.    

2.     JioKrishi Content  

2.1.    For the purpose of these Terms, “Intellectual Property” means and includes all existing, contingent and future intellectual properties (whether tangible or intangible) including without limitation, photographs, product specifications, materials, writings, videos, audio files, trademarks, trade names, computer programs, data, database, technology patents, trademarks, service marks, trade names, registered designs, copyrights, rights of privacy and publicity and other forms of intellectual or industrial property, know how, confidential or secret processes, trade secrets, any other protected rights or assets and any licenses and permissions in connection therewith, in each and any part of the territory whether now known or in the future created and whether or not registered or registrable and for the full period thereof, and all extensions and renewals thereof, and all applications for registration in connection with the foregoing.   

2.2.     Except those which are solely owned and controlled by the respective Sellers, all information, content and material contained on JioKrishi are and continue to be JTL or its affiliate’s Intellectual Property. Further, all trademarks, services marks, trade names and trade secrets in relation to JioKrishi whether or not displayed on JioKrishi, are proprietary to JTL or its affiliates, except any third-party logos which may also be displayed on JioKrishi with their consent. No information, content or material from JioKrishi may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without our express written permission.  

2.3.    We have the sole right, but not the obligation, to commence, conduct, defend and settle legal proceedings relating to our Intellectual Property in relation to your use of JioKrishi. You must provide all necessary assistance to us in enforcing our rights under these Terms.   

2.4.   You must immediately notify us upon obtaining knowledge of any actual or threatened infringement or misappropriation, related to our Intellectual Property or otherwise related to JioKrishi and / or in the event you become aware of any suit, action or other proceeding involving any claim of infringement or misappropriation of Intellectual Property threatened or instituted against us and / or you by a third-party, in relation to JioKrishi or otherwise connected with JioKrishi.  

2.5.    In case you have any issues, complaints or grievances related to the infringement of the rights associated with your Intellectual Property on JioKrishi, we request you to please contact the Seller Support at: Care.JiokrishiSeller@jio.com[insert the seller support email address].  

3.     Publicity  

3.1.      You must not issue any press release or make any other kind of public announcement or disclosure concerning these Terms, the Transactions contemplated hereby, or use the likeness and name of JioKrishi or JTL in any other manner whatsoever other than as contemplated in these Terms, without obtaining our prior written approval.  

4.     Links To Third-Party Websites And Applications  

4.1.     JioKrishi includes links to third-party websites and / or applications. By using JioKrishi you acknowledge that when you access a third-party link that causes you to leave JioKrishi:  

1. the website or application you enter into is not controlled by JTL and different terms of use and privacy policies may apply;  

1. the inclusion of a link does not imply any endorsement by JTL of the third-party website and/or application, the website’s and/or application’s provider, or the information on the third-party website and/or application; and  

1. if you submit personal information to any of those websites and/or applications, such information is governed by the terms of use and privacy policies of such third-party websites and/or applications and JTL disclaims all responsibility or liability with respect to such terms of use, policies or the websites and/or applications.  

4.2.     We reserve the right to disable third-party links from JioKrishi, although JTL is under no obligation to do so.  

5.     Equitable Relief  

5.1.       In the event of a breach or a threatened breach by you of its obligations under these Terms, JTL shall, in addition to any and all other rights and remedies that may be available to it in respect of such breach, be entitled to equitable relief in the form of a restraining order, injunctive relief, specific performance and any other relief that may be available to JTL from a court of competent jurisdiction.  

6.     Governing Law And Dispute Resolution  

6.1.      You and JTL shall endeavor to amicably, through discussions, settle and resolve any dispute or difference arising out of or in relation to this Agreement (“Dispute”) within 15 (fifteen) days from the commencement of such Dispute. In case of such failure, the Dispute shall upon the expiry of the aforesaid period, be referred to e-arbitration to be conducted by a sole arbitrator, who shall be jointly appointed by you and JTL from the panel of available e-arbitrators. All arbitration proceedings may be conducted through mode available on the internet or any other information and communication technology (including but not limited to video call system, telephone or mobile, fax, e-mail facilities) which can be beneficially used to solve disputes. All Arbitration proceedings shall be held in accordance to the provisions of Arbitration and conciliation Act, 1996. The Language of Arbitration shall be English. The arbitral award shall be final and binding on both the Parties. The award may include costs, including reasonable advocates’ fees and disbursements.  

6.2.       Governing Law and Jurisdiction. This Agreement shall be governed by the laws of India and, subject to the arbitration process above, you agree to submit to the exclusive jurisdiction of competent courts at Mumbai.  

7.     Miscellaneous  

7.1.     Force Majeure. The Parties shall not be liable for any failure to perform its obligations under these Terms, where such failure is on account of a force majeure event such as an act of God, flood, pandemic, lockdown, earthquake, fire, explosion, act of government, war, civil commotion, insurrection, embargo, riots, lockouts, labour disputes, systemic electrical, telecommunications, network or other utility failures affecting the other Party.   

7.2.      Waiver. Failure (with or without intent) of JTL to require performance of any provision of these Terms shall not affect our right to full performance thereof at any time thereafter, and any waiver by us of a breach of any provision hereof shall not constitute a waiver of a similar breach in the future or of any other breach.  No waiver shall be effective unless in writing and duly executed by an authorized representative of JTL.  

7.3.      Severability. Any provision of these Terms which is prohibited or held to be unenforceable in any jurisdiction by a court or tribunal of competent jurisdiction, shall be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions of these Terms. The prohibited or unenforceable provision shall be substituted, by mutual consultation and agreement of the Parties, with a provision of similar import reflecting the original intent of the Parties, to the extent permissible under applicable law.  

7.4.     Assignment and Sub-Contracting. No rights, privileges, or obligations set forth in, arising under, or created by these Terms may be assigned, transferred or sub-contracted by you without the prior consent in writing of JTL. JTL reserves the right to assign, transfer or subcontract any right, privileges or obligations set forth in, arising under, or created by these Terms to its affiliates or any third party as it may deem necessary for provision of services under this Terms.   

7.5.     Relationship between Parties. JTL shall be deemed an independent contractor with respect to any and all Services performed under these Terms. It is the express understanding and intention of the Parties that no relationship of master and servant or principal and agent shall exist between you and JTL, by reason of these Terms.  

7.6.     Seller Support: You may reach out to the Seller Support with respect to the Seller Services Agreement or any other issue pertaining to JioKrishi or the Seller App.   

               e-mail: Care.JiokrishiSeller@jio.com [Business to insert the seller support email id] 

8.     Amendment  

8.1.       JTL shall have the right, at its sole discretion, to change, modify, add, or remove portions of this Seller Services Agreements at any time. JTL may notify you of any changes or updates of the Terms, by giving a notice of fifteen (15) days, if such changes or updates materially impact your use of JioKrishi, however we are not obligated to inform you of the same. Your continued use of JioKrishi subsequent to the changes or updates shall mean that you have accepted and agreed to the revisions to these Terms.  

1. Invoicing process: 

• Invoice to customer by seller against sale of goods: The seller will issue an invoice to the customer. The delivery partner will collect this invoice from the seller when picking up the order and will hand it over & customer will pay to delivery partner the customer upon delivery. 

• Invoice to seller by JTL against services on JioKrishhsi: JTL will issue an invoice to the seller on a periodic basis for transaction fee. 

FEE SCHEDULE  

Service Fee & Payment 

The only mode of payment is cash on delivery. Logistics Partner will collect the amount due cash from the Customer and will hand it over to the Seller within 3 days of order delivery as per /agreed mode of payment. cash collection. Need to update the mode of payment in this section.