Vivero Garden reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. We will alert you that changes or revisions have been made by us by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting of any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions.
Vivero Garden encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. This
Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Vivero Garden for other products.
Terms of Offer. This Website offers for sale plant products (the “Products”). You can browse through the product catalogue and place an order for the Products. By placing an order for Products through this Website, you agree to the terms set forth in this Agreement.
II. USER ACCESS
The User of the Website can create a personalized account which includes a unique username and a password to access the Service and to receive messages from Vivero Garden. The User is under a duty under this Agreement to not provide any false or inaccurate information when registering an account. You agree to notify us immediately of any unauthorized use of your password and/or account. Vivero Garden will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your name, password and/or account.
The User shall be allowed to post feedback, suggestions, testimonials of their experience with the Website or Vivero Garden as such online. The user shall not post any malicious or obscene content, or any content not relating to the service provided by the Website. The user shall not engage, directly or indirectly, in transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication, and not defame, harass, abuse, or disrupt other users of the Website.
We may also use your email address to send you other messages, including information about the website or the Products and special offers. You may opt out of such email by changing your account settings, using the “Unsubscribe” link in the message, or by sending an email to [Insert Email Address Where This Can Be Sent] or mail to the following postal address:
Vivero Garden 1/15, Vishwas Khand 1, Gomti Nagar, Lucknow.
III. PROPRIETARY RIGHTS
Vivero Garden has proprietary rights over its product catalogue, images, layout and content on the website. The user is not allowed to copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from Vivero Garden.
IV. DISCLAIMER OF WARRANTIES
The Website and products are offered on an “as is” and “as available” basis. Vivero Garden expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the products or website content, or any reliance upon or use of the website content or products. Vivero Garden does not provide any warranty not expressly stated herein as to the results that may be obtained from the use of the products purchased or obtained through the website.
V. PAYMENT TERMS
The User shall make due payments for the purchases made through the website. No order shall be processed unless payments are received in full. There may be additional shipping charges for certain locations, which the User shall be informed and added to the Bill.
Sales Tax. If you purchase any Products, you will be responsible for paying any applicable sales tax.
We use RazorPay for our online payments. The Razor Pay online transaction policies shall apply to the payment systems.
VI. LIMITATION OF LIABILITY
The entire liability, and your exclusive remedy, in law, in equity, or otherwise, with respect to the website content and products and/or for any breach of this agreement is solely limited to the amount you paid, less shipping and handling charges, for products purchased via the website. Vivero Garden will not be liable for any direct, indirect, incidental, special or consequential damages in connection with this agreement or the products in any manner, including liabilities resulting from (1) the use or the inability to use the website content or products; (2) the cost of procuring substitute products. Some Jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you.
You will release, indemnify, defend and hold harmless VIVERO GARDEN and any of its contractors, agents, employees, officers, directors, affiliates and assigns from all liabilities, claims, damages, costs, and expenses, including reasonable attorneys’ fees and expenses, of
third parties relating to or arising out of (1) this Agreement or the breach of your warranties,
representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Products or your use of the Products; (4) any Intellectual Property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.
Force Majeure. Vivero Garden will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, Pandemic, Act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
Cessation of Operation. Vivero Garden may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and sale of the Products.
Entire Agreement. This Agreement comprises the entire agreement between you and Vivero Garden and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver. The failure of Vivero Garden to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Governing Law: This Website originates from the Lucknow, Uttar Pradesh. This Agreement will be governed by the laws of the State of UTTAR PRADESH without regard to its conflict of law principles to the contrary. Neither you nor Vivero Garden will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of UTTAR PRADESH. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
Statute of Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Assignment. You may not assign your rights and obligations under this Agreement to anyone. Vivero Garden may assign its rights and obligations under this Agreement in its sole
discretion and without advance notice to you.
BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE
TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.