Terms of Use
These Terms of Use (“Terms of Use”) mandate the terms on which the users (“You” or “Your” or “Yourself” or “User”) access and/or register on the website ‘www.ganeshkart.com’, licensed, operated and managed by Ganesh Grains Limited (“Ganesh Grains Limited” or “Us” or “Our” or “We”), collectively referred to as, “the Platform”. The Platform acts as a mere facilitator between the sellers registered on the Platform (“Seller”) and buyers purchasing or interested in purchasing the products sold under the brand name/trademarks of Ganesh Grains Limited (“GANESHKART.COM”) available for sale on the Platform (“Products”).
By accessing the Platform, registering on the Platform, taking any action on the Platform, and /or using our services offered on the Platform, You accept this Terms of Use and the Privacy Policy and agree to be legally bound by the same. These Terms of Use apply to all users of the Platform, including users who are browsers, Sellers, customers, merchants, and/or contributors of content. You acknowledge that the Terms of Use and the Privacy Policy constitute an agreement between You and GANESHKART.COM. Please read the Terms of Use and Privacy Policy carefully before using or registering on the Platform or accessing any material or information through the Platform.
GANESHKART.COM retains an unconditional right to modify or amend the Terms of Use without any requirement to notify You of the same. Any new tools, features, or offers that are added to the Platform shall also be subject to the Terms of Use. It shall be Your responsibility to check the Terms of Use periodically for changes. Your acceptance of the amended Terms of Use shall signify Your consent to such changes and agreement to be legally bound by the same.
1.Eligibility to Use Services
The Platform is not available to minors i.e. persons under the age of 18 (eighteen) years or to any Users suspended or removed by GANESHKART.COM for any reason whatsoever. A minor may use/access the Platform under the supervision of an adult parent or legal guardian who agrees to be bound by these Terms of Use. You are, however, prohibited (even under provision) from purchasing any Product(s) which is for adult consumption, the sale of which to minors is prohibited. You represent that You are of legal age to form a binding contract and are not a person barred from receiving services from the Platform under the applicable laws.
GANESHKART.COM reserves the right to refuse access to the Platform to new Users or to terminate access granted to existing Users at any time without according any reason for doing so.
You shall not have more than one active Account (as defined hereinafter) on the Platform. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another party or impersonating any other person for the purpose of creating an account with the Platform.
The Platform is intended to be for end-consumers desirous of purchasing Product(s) for domestic self-consumption. If You are a retailer, institution, wholesaler, or any other business user, You are not eligible to use the Platform to purchase Products from Sellers through the Platform.
2.User Account, Password, and Security
In order to purchase the Products on the Platform, You will have to register on the Platform by providing details about Yourself, including Your name, address, contact details and other details as may be required on the Platform, and create an account (“Account”).
You shall ensure and confirm that the Account Information provided by You is complete, accurate, and up-to-date. If there is any change in the Account information, You shall promptly update Your Account information on the Platform. If You provide any information that is untrue, inaccurate, not current, or incomplete (or becomes untrue, inaccurate, not current, or incomplete), or if GANESHKART.COM has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, GANESHKART.COM has the right to suspend or terminate Your Account and refuse any and all current or future use of the Platform (or any portion thereof) at its discretion, in addition to any right that GANESHKART.COM may have against You at law or in equity, for any misrepresentation of information provided by You.
You will be responsible for maintaining the confidentiality of Your Account Information and are fully responsible for all activities that occur under Your Account. You agree to, (a) immediately notify GANESHKART.COM of any unauthorized use of Your Account information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. GANESHKART.COM cannot and will not be liable for any loss or damage arising from Your failure to comply with this provision. You may be held liable for losses incurred by GANESHKART.COM or any other user of or visitor to the Platform due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account information secure and confidential.
Use of another User’s Account information for shopping on the Platform is expressly prohibited.
3.Payment Services
All payments in respect of the Products shall be made to GANESHKART.COM through the Platform. To the extent permitted by applicable law and subject to GANESHKART.COM’s Privacy Policy, You acknowledge and agree that GANESHKART.COM may use certain third-party vendors and service providers, including payment gateways, to process payments and manage payment card information.
In order to make payments online, You undertake to use a valid payment card or bank details or third party wallets or details required for any other mode of payment (“Payment Details”) with the authority to use the same, to have sufficient funds or credit available to complete the payment on the Platform in good standing. By providing the Payment Details, You represent, warrant, and covenant that:
You are legally authorized to provide such Payment Details;
You are legally authorized to perform payments using such Payment Details; and
such action does not violate the terms and conditions applicable to Your use of such Payment Details or applicable law.
You agree that You are responsible for any fees charged by Your mobile carrier in connection with Your use of the payment services through Your mobile. GANESHKART.COM shall use the Payment Details as described in GANESHKART.COM’s Privacy Policy. You may add, delete, and edit the Payment Details You have provided from time to time through the Platform.
The payment receipt for completion of a transaction shall be made available on the Platform and also sent to Your email address.
Except to the extent otherwise required by applicable law, GANESHKART.COM is not liable for any payments authorized through the Platform using Your Payment Details. Particularly, GANESHKART.COM is not liable for any payments that do not completed because:
Your payment card or bank account or third party wallet does not contain sufficient funds to complete the transaction or the transaction exceeds the credit limit in respect of the Payment Details provided;
You have not provided GANESHKART.COM with the correct Payment Details;
Your payment card has expired; or
Circumstances beyond GANESHKART.COM’s control (such as but not limited to, power outages, interruptions of cellular service, or any other interferences from an outside force) prevent the execution of the transaction.
The Platform shall not be responsible for any unauthorized transactions conducted on our Platform using Your payment card or internet banking. The Platform shall not be obligated to refund any money to You in such instances.
All information that is collected at the time of payment, like card details, names; passwords, etc. are encrypted using Secure Socket Layer (SSL)
4.Pricing and Modifications
The price of the Products displayed on the Platform shall be either equal to or less than the Maximum Retail Price (“MRP”) printed on such Products. If no such MRP is printed on such Products then such Products shall be sold at such price as may be determined by the Seller and as set out on the Platform. Prices for the Products are subject to change without any notice.
We reserve the right to modify or discontinue service and/or Product (or any part or content thereof) without notice at any time. We shall not be liable to You or any third party for any modification, price change, suspension, or discontinuance.
Any order/booking made for a Product through the Platform may be subject to additional terms and conditions (including offers, discounts and sales schemes/ campaigns offered from time to time, delivery charges) mentioned therein, which You are presumed to have read and accepted at the time of placing the order/booking.
There may be information on the Platform that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Platform is inaccurate at any time without prior notice (including after You have submitted Your order).
5.Shipping of Products
Orders placed by You on the Platform are typically processed within 2 (two) business days from the date of purchase. The Products ordered will be delivered to You within 2 (two) - 5 (five) business days. At times when we are experiencing a high volume of orders, shipments may get delayed by a few days, in which case, You will be intimated by email or telephone call (on the details shared by You at the time of placing Your order/registering on the Platform).
Once Your order is dispatched, You will receive an e-mail or SMS updating You with the details of the time and progress of the delivery. On the date of delivery, the person delivering the Product will reach out to You (on the number shared by You at the time of placing Your order/registering on the Platform) to confirm Your presence to receive the Order.
You are requested to be available on the date of delivery since the Products will either be hand-delivered to You or to someone appointed by You to collect the order on Your behalf.
All deliveries sent to residential or commercial spaces require a receipt signature for authentication. We take no responsibility for shipment receipt signed by an alternative person other than the person ordering the Product or someone appointed by You to receive the order at the delivery address. A maximum of 2 (two) attempts will be made on the date of delivery to deliver the Product at the address indicated as the delivery point, at the time of placing the order post which the order will be canceled, and Refunds will be made as per the terms and conditions.
We do not take responsibility for an incorrect address that was provided at the time of placing the order. In case of an incorrect address, the product will be returned by the rider and refunds will be made as per the terms and conditions.
All claims for damages must be reported to customer service through an email at: support@ganeshgrains.com within 24 (twenty-four) hours of order delivery.
For each order, a shipping charge will have to be paid by the customer. The exact shipping charges for the order will be shown to the customer on the order checkout page.
As soon as the customer receives the Product, the customer should store it under the storage conditions mentioned on the back of the pack. No replacement or refunds will be done for any quality loss or damages if the Product is not stored in the storage conditions mentioned on the back of the pack.
6.Use of Platform
Subject to compliance with the Terms of Use, GANESHKART.COM grants You a non-exclusive, limited privilege to access and use the Platform. You agree to use the Platform only: (a) for purposes that are permitted by the Terms of Use; and (b) in accordance with any applicable law, regulation, or generally accepted practices or guidelines. You agree not to engage in activities that may adversely affect the use of the Platform by GANESHKART.COM/other Users.
We reserve the right but are not obligated, to limit the sales of the Products and/or services to any person, geographic region, or jurisdiction. We reserve the right to refuse any order You place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. We may exercise this right on a case-by-case basis.
You agree not to access (or attempt to access) the Platform by any means other than through the interface that is provided by GANESHKART.COM. You shall not use any deep-link, robot, spider, or another automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform.
You acknowledge and agree that by accessing or using the Platform, You may be exposed to content from others that You may consider offensive, indecent, or otherwise objectionable. GANESHKART.COM disclaims all liabilities arising in relation to such offensive content on the Platform.
You undertake not to host, display, upload, modify, publish, transmit, update or share any information that:
belongs to another person and to which You do not have any right;
is grossly harmful, harassing, blasphemous; defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
harms minors in any way;
contains software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;
violate or solicit others to violate any applicable laws or regulations for the time being in force within or outside India or anyone’s right to privacy or personality;
deceives or misleads the addressee about the origin of such messages communicates any information which is grossly offensive or menacing in nature;
impersonates another person;
contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer resource;
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 cognizable offense or prevents investigation of any offense, or is insulting any other nation;
defames, abuses harasses, threatens, or otherwise violates the legal rights of others; and
is misleading or known to be false in any way.
Further, You undertake not to:
conduct or forward surveys, contests, pyramid schemes, or chain letters;
engage in any activity that interferes with or disrupts access to the Platform (or the servers and networks which are connected to the Platform);
attempt to gain unauthorized access to any portion or feature of the Platform, any other systems or networks connected to the Platform, to any server, or through the Platform, by hacking, password mining, or any other illegitimate means;
probe, scan, or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other User, of or visitor to, the Platform, to its source, or exploit the Platform or information made available or offered by or through the Platform, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided on the Platform;
collect or store data about other Users in connection with the prohibited conduct and activities set forth in this Section;
use the Platform or any material or Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of GANESHKART.COM or other third parties;
falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; and
violate the Terms of Use contained herein or elsewhere.
Except as expressly indicated herein, GANESHKART.COM hereby grants You a non-exclusive, freely revocable (upon notice from GANESHKART.COM), non-transferable access to view any content available on the Platform, subject to the following conditions:
You may access the content solely for personal, informational, and internal purposes, in accordance with the Terms of Use;
You may not modify or alter the content available on the Platform;
You may not distribute or sell, rent, lease, license, or otherwise make any Content on the Platform available to others; and
You may not remove any text, copyright or other proprietary notices contained in the Content downloaded from the Platform.
You are accessing the Platform, the services provided therein, and transacting at Your sole risk and You will use Your best and prudent judgment before entering into any transaction through the Platform. Before placing an order on the Platform, You will check the product description carefully. By placing an order for a Product, You agree to be bound by the conditions of sale included in the Product’s description.
7.Intellectual Property Rights
The Platform and the processes, and their selection and arrangement, including but not limited to, all text, videos, graphics, user interfaces, visual interfaces, sounds, music (if any), artwork, and computer code (and any combinations thereof) (collectively, the “Content”) on the Platform is owned and controlled by GANESHKART.COM and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.
The trademarks, logos, and service marks displayed on the Platform (“Marks”) are the property of GANESHKART.COM or Sellers or other respective third parties, as the case may be. You are not permitted to use the Marks without the prior consent of GANESHKART.COM, GANESHKART.COM or the Sellers, or the third party that may own the Marks.
8.Disclaimer of Warranties & Liability
You expressly understand and agree that to the maximum extent permitted by applicable law:
The Platform, Products, and other Content are provided by GANESHKART.COM on an “as is” basis without warranty of any kind, express, implied, statutory, or otherwise, including the implied warranties of title, non-infringement, merchantability, or fitness for a particular purpose. Without limiting the foregoing, GANESHKART.COM makes no warranty that, (a) the Platform or Products will meet Your requirements or Your use of the Platform will be uninterrupted, timely, secure, or error-free; (b) the results that may be obtained from the use of the Platform will be effective, accurate or reliable; (c) the quality of the Platform and the Products sold therein will meet Your expectations; or (d) any errors or defects in the Platform will be corrected. No advice or information, whether oral or written, obtained by You from GANESHKART.COM shall create any warranty not expressly stated in the Terms of Use.
GANESHKART.COM has made every effort to display as accurately as possible the available Products, including respect for their color, size, shape, and appearance, as accurately as possible. However, the actual color, size, shape, and appearance may have variations from the depiction on Your mobile/computer screen.
GANESHKART.COM will have no liability related to any user content arising under intellectual property rights, libel, privacy, publicity, obscenity, or other laws. GANESHKART.COM also disclaims all liability with respect to the misuse, loss, modification, or unavailability of any user Content.
GANESHKART.COM will not be liable for any loss that You may incur as a consequence of unauthorized use of Your Account or Account information in connection with the Platform either with or without Your knowledge.
GANESHKART.COM has endeavored to ensure that all the information on the Platform is correct, but GANESHKART.COM neither warrants nor makes any representations regarding the quality, accuracy, or completeness of any data, information regarding the Products or otherwise. GANESHKART.COM shall not be responsible for the delay or inability to use the Platform or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, GANESHKART.COM shall not be held responsible for the non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond GANESHKART.COM’s control.
9.Electronic Communications
When you visit the Website/ mobile site /chatbot or send us emails, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website/mobile site/chatbot/SMS/ Whatsapp /RCS. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.