Terms and Conditions

In terms of the Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of HORECASANTHE and the mobile applications for Android® and Apple®.

The domain name www.horecasanthe.com (hereinafter referred to as “Website / Portal / Platform”) is owned by Horecanation consulting LLP, having its registered office at Suvarna, level 5, #100, Pai Layout, Old Madras Road, Bangalore – 560016 (hereinafter referred to as the “Company’’).

This document in its present form is the property of the Company and shall belong to the parent company which owns Horecasanthe, its subsidiaries and assigns as may be created from time to time.

The use of this Platform by you is solely governed by this policy and any other policy so mentioned by terms of reference, including without limitation, policies for utilisation of your data. By accessing the home page of the Website, downloading the Application, gaining access to the Creative Content or using any of the Services available on the Platform shall be taken to mean that you have read and agreed to all of the policies so binding on you and that you are contracting with the Company and have undertaken binding obligations with the Company.

DEFINITIONS

“We”, “Us”, “Our”, “Horecasanthe.com” shall mean HORECASANTHE.

“Terms”, “Terms and conditions”, “Policy”, “T&C”, “Terms of Use” shall mean the entire Agreement and all parallel policies that you agree to in mutual agreement by using our Platform or availing our Services.

“You”, “Your”, “User” refers to the natural or legal person who has gained access to the Platform by using the sign-on systems linked to third parties or by providing Registration Data while registering on the Platform. The term shall also refer to any person visiting, accessing, browsing, placing an order through, or otherwise availing Services through the Platform.

“Website” shall mean either/or all of www.horecasanthe.com – the domains owned and controlled by Horecasanthe.

“Content” refers to any text, image, graphic, video, audio, or all forms of data which are made available on the Platform.

“Your Content” refers to any content submitted by way of registration or submission of reviews through, or in connection with the Platform, including but not limited to the content submitted for purchase of any products displayed on/through the Platform.

“Third Party” refers to any person other than the “User”, “Horecasanthe”..

“Platform” refers to the Website, the mobile applications, software, and any other offering in Horecasanthe.

“Vendor” refers to third party sellers and service providers, making available their services and/or products through the Platform.

“Vendor Content” refers to the content made available by the Vendor through the Platform.

GENERAL

HORECASANTHE is an e-marketplace platform and services provider for food/agriculture/horticulture and allied industries allowing Vendors to post requirements of the products, and horecasanthe shall conduct its search to meet the requirements of the user by approaching various users and only upon to the satisfaction of user commence the transaction.

We do not hold any inventory; only provide services and/or selling products on the Platform. We are a platform that brings you closer to the network of users that you select/prefer to satisfy your requirements.

Your use of the Platform and services and tools are governed by these terms and conditions (“Terms of Use”) as applicable to the Platform including the applicable policies which are incorporated herein. If you transact on the Platform, you shall be subject to the policies that apply to the Platform for such transaction. By mere use of the Platform, you shall be contracting with us and these terms and conditions including the policies constitute your binding obligations, with us. To the extent possible, these Terms of Use shall be applicable to Vendors, provided in the event of a conflict between these terms and the terms applicable to a Vendor, as provided on the Website, or as agreed upon between Horecasanthe and any Vendor, such other terms shall prevail, provided they are in writing.

When you use any of the services offered through Horecasanthe, you will be subject to the rules, regulations, policies and all applicable terms and conditions which shall be deemed to be incorporated into and be a part and parcel of these Terms of Use. We reserve the right, at our sole discretion, to change, modify, add or delete any or all parts of this Terms of Use without any intimation to you. It shall be your responsibility to revisit the Terms of Use and acquaint yourself with any changes that may be made. Your continued use of the Platform after such changes have been made shall be deemed to be an acceptance of the revised policies.

Accessing, browsing through the Vendor listings, posting your requirements, or otherwise using the Platform indicates your Agreement to all the Terms and Conditions under this Terms of Use. By impliedly or explicitly accepting these Terms of Use, you also accept to be bound by Horecasanthe policies, as amended from time to time.

ELIGIBILITY AND ACCESS

Users above the age of eighteen and competent to contract as per the laws of the Union of India shall be entitled to use the Platform and avail of the offers and services provided therein. To register as a vendor, you must provide your true and correct information as requested while registering. If you are a minor and wish to use the Platform, you may do so through your legal guardian and Horecasanthe reserves the right to terminate your account on knowledge of you being a minor and using the membership of the Platform.

Horecasanthe may, in its discretion terminate or end the relationship with any User or Vendor with or without furnishing reasons for the same.

Further, you are solely responsible for protecting the confidentiality of your username and password and any activity under the account will be deemed to have been done by you. In the event you provide us with false and inaccurate details or the Company has reasonable reasons to believe you have done so, we hold the rights to permanently suspend your account.

PRIVACY POLICY

The Privacy Policy is separately available on the Platform, and can be perused by you at your convenience.

1. All communications between vendor and user will be facilitated by horecasanthe. This includes, without any limitation, the prices, modes of payment , shipping costs of any products, period and mode of delivery, warranties related to products and services and after sales services related to the products.
2. We support directly or with the help of authorized agencies to inspect goods for quality, packing at the loading bay at the cost of the buyer/vendor as mutually agreed.
3. We shall endorse any of the Vendors, or Vendors’ Content on the website, not provide any guarantees as to its nature, content, quality, or originality. only under our “inspect and buy” service.

DISCLAIMER :

4. Subject to the above sub-clauses, a contract exists between user, horecasanthe and Vendor, and as such any breach of contract by user/vendor, any claim arising from such breach is the subject matter of the respective parties alone and we are in no way a party to such breach or involved in any suit arising from the said breach. The contact/communication arising from such breach may entail between the users or vendor upon consent from Horecasanthe.
5. As we hold no possession or title of the products at any time, do communicate between you and any Vendor, (user are entertained by vendors approaching through Horecasanthe) or determine its outcome, the communication and the resultant transaction is purely a contract directly between user and us. Whereas we are communicating to vendors to meet your requirements.
6. User release and indemnify us and/or any of our officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Vendors on the Platform and specifically waive any claims that you may have in this behalf under any applicable law. Please note that there could be risks in dealing with underage persons or people, or business entities acting under false pretence. We neither guarantee nor take any liability for any action whatsoever by Users/Vendors on this Platform. User agrees to indemnify Horecasanthe, if any breach of the terms and conditions published on the Website.

POSTS AND ORDERS

As a User of the Platform, you may use the Platform to ‘enquiry’ any requirement you may have. The information made available by you, and the contents therein, including requirements shall be made available to Vendors through the Platform.

INTELLECTUAL PROPERTY RIGHTS

This Platform is the sole and exclusive property of Horecasanthe or its licensors. We retain all right, title and interest (including all copyright, trademark, patent, trade secrets, and all other intellectual property rights) in the Platform, except as specified to the contrary.

The content that you Post or provide to the Platform including without limitation, your requirements, Posts, images, videos, text files, reviews, feedback, and comments, including all components and contents therein will become our property and the vendor/user grant us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content you provide.

You hereby represent and warrant that vendor/user have all necessary rights in and to all Content which you provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.

We have no obligation to monitor the materials posted on the Platform. We shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use Notwithstanding this right, you remain solely responsible for the content of the materials you post on the Platform and in your private messages. In no event shall we assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Platform.

Notwithstanding the aforementioned, by Posting or providing content, vendors grant to other Users a limited non-commercial license to access such Content.

THIRD PARTY INFORMATION

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork collected from publicly available information, and content made available by Vendors (collectively, “Third Party Content”) is third-party generated content and We have no control over such third-party generated content as we are merely an intermediary for the purposes of this Terms of Use.

Other than when provided for, the use of such content and it being reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without Our express prior written consent is not allowed.

Any sales and marketing information provided by us, including but not limited to, sales and marketing literature, catalogues, price lists, documents, etc., shall not constitute a contractual offer capable of acceptance and would merely exist to be an invitation to offer.

DATA PROVIDED BY US / SERVICE RENDERED

From time to time, our team may post comments or articles. These articles are the Intellectual Property of the Company and you are prohibited from posting, reproducing, publishing, changing, or editing such articles.

We are not in any way liable to you, for any loss arising to you from activities that include but are not limited to our negligence, breach of contract, Intellectual Property infringement, breach of laws, etc.

From time to time, our Platform will have external links connected to other websites of Developers. We in no way endorse these websites. We are in no way liable for the information found on those websites. External websites may have their own policies and we in no way are responsible for any loss or damage cause by the same to you. You are advised to use your own discretion in the navigation and use of external sites.

USER OBLIGATIONS

You are a restricted user of this Platform.

1. You are bound not to cut, copy, distribute, modify, recreate, distribute, disseminate post, publish or create derivative works from, transfer, or sell any information obtained from the Platform. With our prior permission limited use may be allowed. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Platform is not permitted.
2. You agree not to access (or attempt to access) the Platform and/or the materials or Services by any means other than through the interface that is provided by the Platform. The use of deep-link, robot, spider or other 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, 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 are hereby expressly prohibited. You acknowledge and agree that by accessing or using the Platform or Services, you may be exposed to content from other users that you may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such allegedly offensive content on the Platform. Further, you may report such offensive content.
3. In places where this Platform allows you to post or upload data/information, you undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, you undertake not to:
- a) Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
- b) Engage in any activity that interferes with or disrupts access to the Platform or the servers and networks which are connected to the Platform;
- c) Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- d) Publish, Post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
- e) Post any file that infringes the copyright, patent or trademark of other legal entities.
- f) Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Platform or another's computer;
- g) 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, or any other customer of the Platform, including any Platform Account not owned by you, to its source, or exploit the Platform or Service 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, as provided for by the Platform;
- h) Disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
- i) Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.
- j) 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 this Platform or other third parties;
- k) Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
- l) Violate any applicable laws or regulations for the time being in force within or outside India;
- m) Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
- n) Publish, post, disseminate information that is false, inaccurate or misleading; violate any applicable laws or regulations for the time being in force in or outside India;
- o) Directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
- p) Create liability for us or cause us to lose (in whole or in part) the services of our internet service provider (“ISPs”) or other suppliers.
Vendor/user may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Platform. It shall be a violation of these Terms of Use to use any information obtained from the Platform in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than us without our prior explicit consent. We can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Platform) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order.

COMPLIANCE WITH LAWS:

All Users and Vendors shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999, and the rules made and notifications issued thereunder and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000, as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002, and the rules made there under, Foreign Contribution Regulation Act, 1976, and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using payment facility and the Platform.

DISCLAIMER OF WARRANTIES AND LIABILITIES

VENDOR/USER EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

THE PLATFORM, SERVICES AND OTHER MATERIALS ARE PROVIDED BY THIS PLATFORM IS 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, HORECASANTHE MAKES NO WARRANTY THAT
- (I) YOUR REQUIREMENTS WILL BE MET OR THAT SERVICES PROVIDED WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
- (II) MATERIALS OR INFORMATION PROVIDED WILL BE EFFECTIVE, ACCURATE OR RELIABLE;
- (III) YOUR REQUIREMENTS WILL BE CONVEYED IN THEIR ENTIRETY TO THE VENDOR;
- (IV) HORECASANTHE WILL RESPOND TO YOUR ENQUIRY;
- (V) ANY ERRORS OR DEFECTS IN THE PLATFORM, SERVICES OR OTHER MATERIALS WILL BE CORRECTED.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO LIABILITY RELATED TO USER CONTENT OR VENDOR CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. HORECASANTHE ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.

THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE PLATFORM IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR SUCH ACTIONS. HORECASANTHE ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.

WE SHALL NOT BE LIABLE FOR ANY THIRD-PARTY PRODUCT OR SERVICES. ANY ADVERTISEMENTS SHOWN ON THE WEBSITE WITH RESPECT TO THE THIRD-PARTY WEBSITES OR THE PRODUCTS AND SERVICES ARE FOR INFORMATIONAL PURPOSE ONLY.

INDEMNIFICATION AND LIMITATION OF LIABILITY

VENDOR/USER AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THIS PLATFORM INCLUDING BUT NOT LIMITED TO THE COMPANY, ITS AFFILIATES, VENDORS, AGENTS, DIRECTORS AND EMPLOYEES FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, CLAIMS, DAMAGES, DEMANDS, COSTS AND EXPENSES (INCLUDING LEGAL FEES AND DISBURSEMENTS IN CONNECTION THEREWITH AND INTEREST CHARGEABLE THEREON) ASSERTED AGAINST OR INCURRED BY US THAT ARISE OUT OF, RESULT FROM, OR MAY BE PAYABLE BY VIRTUE OF, ANY BREACH OR NON-PERFORMANCE OF ANY REPRESENTATION, WARRANTY, COVENANT OR AGREEMENT MADE OR OBLIGATION TO BE PERFORMED BY YOU PURSUANT TO THESE TERMS OF USE. FURTHER, YOU AGREE TO HOLD US HARMLESS AGAINST ANY CLAIMS MADE BY ANY THIRD PARTY DUE TO, OR ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE OF THE PLATFORM, ANY CLAIM THAT YOUR MATERIAL CAUSED DAMAGE TO A THIRD PARTY, YOUR VIOLATION OF THE TERMS OF USE, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS.

IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU, OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE PLATFORM, SERVICES OR MATERIALS.

THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

VIRUSES

We make reasonable attempts to clear the Platform of viruses and worms but cannot ensure that the Site will be at all times free from viruses or other destructive software. You are urged to take appropriate safeguards before downloading any content from the Platform. We accept no responsibility for any damages to computer equipment or other property which may result from use of the website or downloading anything from the website.

DISPUTE RESOLUTION

All disputes will attempt to be resolved amicably by mediation or negotiation, the aggrieved party shall issue notice and start the Mediation/negotiation within 20 (Twenty) days from the date of initiation and resolve the dispute within a period of 30 (Thirty) days, failure to resolve, the dispute shall be referred to arbitration by a Sole Arbitrator. The Sole Arbitrator shall be jointly appointed by the parties. The arbitral award shall be final and binding on the parties and there shall be no further remedy available. The arbitration proceedings will take place in Bangalore and will be in English. The provisions of the Arbitration and Conciliation Act, 1996, shall apply to the arbitration.
The Courts in Bangalore, Karnataka shall have the jurisdiction for all suits arising out of or in connection with this Agreement.

Any grievances, issues, queries, complaints or information that you wish to communicate to us can be addressed to info@horecasanthe.com

Terms and Conditions

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