Terms of Service Agreement
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THE WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE, YOU AGREE TO BE BOUND BY ALL THE TERMS OF SERVICE OF THIS AGREEMENT.
This Terms of Service Agreement (the "Agreement") governs your use of this website, www.plantngift.com Owned by Seema Dhankhar (Vision Enterprises) Their offer of products for purchase on this website or your purchase of products available on this website. This Agreement includes and incorporates, by this reference, the policies and guidelines referenced below.
Plant N Gift Owned by Seema Dhankhar (Vision Enterprises) reserves the right to change or revise the Terms of Service Agreement at any time by posting any changes or a revised agreement on this website.
Plant n Gift will alert you that changes or revisions have been made by indicating the date it was last revised on the top of this Agreement. The changed or modified Agreement will be effective immediately after it is posted on this website. Your use of the website following the posting of such changes or a revised Agreement will constitute your acceptance of such changes or revisions.
Plant n Gift encourages you to review this Agreement whenever you visit the website to make sure that you understand the Terms and Conditions governing the use of this website. This Agreement does not alter in any way the Terms or Conditions of any other written agreement you may have with Plant N Gift Owned by Seema Dhankhar (Vision Enterprises) for other products or services. If you do not agree to this Terms of Service Agreement, including any referenced policies or guidelines, please immediately terminate your use of the website. If you would like to print this Agreement, please click the print button on your browser toolbar.
This website offers for sale certain products (the "Products"). By placing an order for products through this website, you agree to the terms outlined in this Agreement.
You agree to continue to receive additional emails and calls solicitations from Plant N Gift Owned by Seema Dhankhar (Vision Enterprises). It is designated as an in-house or third-party call team(s). You are expected to notify our third-party call-centre representatives or direct Plant N Gift Owned by Seema Dhankhar (Vision Enterprises) sales representatives when they reach out to you of your desire to opt-out from further direct company communications and solicitations.
Back Out and Dissociate Procedure
We provide three easy ways to opt-out of our future solicitations:
- You may use the opt-out link found in any email solicitation that you may receive.
- You may also choose to opt-out via sending your email address to firstname.lastname@example.org.
- You may also forward a written dissociation request to a postal address.
Plant n Gift has proprietary rights and trade secrets in the products. You may not copy, reproduce, resell or redistribute any Product manufactured and distributed by Plant N Gift Owned by Seema Dhankhar (Vision Enterprises). It also has rights to all the trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information.
If you purchase any products, you are liable for paying applicable sales tax.
In addition to making products available, this website also offers information and marketing materials. Additionally, we offer information, both directly and indirectly, through links to third-party websites, nutritional supplements for plants.
Content, Intellectual Property and Third-Party Links
Plant n Gift does not always create the information offered on this website. Instead, the data is often gathered from relevant sources. To the extent that Plant N Gift Owned by Seema Dhankhar (Vision Enterprises) does create the content on this website, they are protected by the intellectual property laws of India, foreign nations, and international bodies.
Unauthorized use of the material may violate copyright, trademark, and other laws. You acknowledge that your use of the content on this website is for personal, non-commercial use. Any links to third-party websites are provided solely for your convenience.
Plant n Gift does not endorse the contents on any such third-party websites. We are not responsible for the content or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.
Use of Website
Plant n Gift is not responsible for any damages resulting from the use of this website by anyone. You will not use the website for illegal activities. You are entitled to abide by the terms mentioned below.
- Follow all regional, state, national, and international laws and regulations in using the website, including laws regarding intellectual property.
- Not interfere with or disrupt the use and endowment of the website by other users
- Not resale material on the website.
- Not engage, directly or indirectly, in the transmission of "spam", chain letters, junk mail or any other type of unsolicited communication.
- Not defame, harass, abuse, or disrupt other users of the website.
By using this website, you are granted a restricted, non-exclusive, non-transferable right to use the content and materials on the website in connection with your routine, non-commercial use of the website.
You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without written authorization from Plant N Gift Owned by Seema Dhankhar (Vision Enterprises) or the applicable third party.
By posting, storing, or sharing any content on the website, you at this moment grant Plant N Gift Owned by Seema Dhankhar (Vision Enterprises) a perpetual, worldwide, non-exclusive, royalty-free, assignable right and authority to use, copy, display, perform, create derivative works, distribute, transmit and assign such content in any form, in all media known or in the future made, anywhere in the world.
Plant n Gift does not have the faculty to control the nature of the user-generated content offered through the website. You are solely responsible for your interactions with other users of the website and any content you post.
Plant n Gift is not liable for any damage or harm resulting from posts or interactions between users.
Plant n Gift reserves the right but has no obligation to monitor interactions between and among website users and to remove any content.
III. DISCLAIMER OF WARRANTIES
YOUR USE OF THIS WEBSITE AND PRODUCTS ARE AT YOUR SOLE RISK. THE WEBSITE AND PRODUCTS ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Plant N Gift Owned by Seema Dhankhar (Vision Enterprises) EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT CONCERNING THE PRODUCTS OR WEBSITE CONTENT, OR ANY RELIANCE UPON OR USE OF THE WEBSITE CONTENT OR PRODUCTS. ("PRODUCTS" INCLUDE TRIAL PRODUCTS.)
WITHOUT LIMITING THE GENERALITY OF THE PRECEDING, Plant N Gift Owned by Seema Dhankhar (Vision Enterprises), MAKES NO WARRANTY:
- THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
- THE LINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
- THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF PRODUCTS OR DEFECTS IN PRODUCTS WILL BE CORRECTED.
- REGARDING ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
IV. LIMITATION OF LIABILITY
Plant n Gift'S ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, INEQUITY, OR OTHERWISE, CONCERNING THE WEBSITE CONTENT AND PRODUCTS AND FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID, LESS SHIPPING AND HANDLING, FOR PRODUCTS PURCHASED VIA THE WEBSITE.
Plant N Gift Owned by Seema Dhankhar (Vision Enterprises) 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:
- THE USE OR THE INABILITY TO USE THE WEBSITE CONTENT OR PRODUCTS.
- THE COST OF PROCURING SUBSTITUTE PRODUCTS OR CONTENT.
- ANY PRODUCTS PURCHASED OR OBTAINED, OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE.
- ANY LOST PROFITS YOU ALLEGE.
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 safe any of its contractors, agents, employees, officers, directors, shareholders, 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:
- This Agreement or the breach of your warranties, representations and obligations under this Agreement.
- The website content or your use of the website content.
- The products or your use of the products, including trial products.
- Any intellectual property or other proprietary rights of any person or entity.
- Your violation of any provision of this Agreement.
- Any information or data you provided to Plant N Gift Owned by Seema Dhankhar (Vision Enterprises)
When Plant N Gift Owned by Seema Dhankhar (Vision Enterprises) is threatened with a legal suit or sued by a third party, we may seek written assurances concerning your promise to indemnify Plant N Gift Owned by Seema Dhankhar (Vision Enterprises). Your failure to provide such warranties may be considered by Plant N Gift Owned by Seema Dhankhar (Vision Enterprises) a material breach of this Agreement.
Plant n Gift will have the right to participate in any defence by you of a third-party claim related to your use of any of the website content or Products, with counsel of Plant N Gift Owned by Seema Dhankhar (Vision Enterprises) choice at its expense.
Plant N Gift Owned by Seema Dhankhar (Vision Enterprises) will reasonably cooperate in any defence by you of a third-party claim at your request and expense. You will have sole responsibility to defend Plant N Gift Owned by Seema Dhankhar (Vision Enterprises)against any claim, but you must receive Plant N Gift Owned by Seema Dhankhar (Vision Enterprises) prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the website or products.
VII. AGREEMENT TO BE BOUND
By using this Website or ordering products, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.
Plant N Gift Owned by Seema Dhankhar (Vision Enterprises) 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, the act of God, war, terrorism, armed conflict, labour strike, lockout, or boycott.
Cessation of Operation
Plant n Gift may at any time, in its sole discretion, without advance notice to you, cease operation of the Website and distribution of the products.
This Agreement comprises the entire agreement between you and Plant N Gift Owned by Seema Dhankhar (Vision Enterprises) supersedes any prior agreements about the subject matter contained herein.
Effect of Waiver
The failure of Plant n Gift to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Suppose any provision of this Agreement is found by a court of competent jurisdiction to be invalid. In that case, the parties nevertheless agree that the court should endeavour 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.
This Website originates from Delhi. The laws of DELHI will govern this Agreement without regard to its conflict of law principles to the contrary. Neither you nor Plant N Gift Owned by Seema Dhankhar (Vision Enterprises) 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 because of this Agreement, other than in courts located in Delhi. 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 because of this Agreement. You at this moment 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 the use of the Website or Products or this Agreement must be filed within one year after such claim or cause of action arose or be forever barred.
Waiver of Class Action Rights
BY ENTERING INTO THIS AGREEMENT, YOU AT THIS MOMENT IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. MUST ASSERT ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT.
Plant N Gift Owned by Seema Dhankhar (Vision Enterprises) reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement.
Following termination, you will not be permitted to use the Website, and Plant N Gift Owned by Seema Dhankhar (Vision Enterprises) may, in its sole discretion and without advance notice to you, cancel any outstanding orders for products. If your access to the Website is terminated, Plant N Gift Owned by Seema Dhankhar (Vision Enterprises), however, reserves the right to exercise whatever means it deems necessary to prevent unauthorised access to the Website.
This Agreement will survive indefinitely unless and until Plant N Gift Owned by Seema Dhankhar (Vision Enterprises) selects to terminate it in its sole discretion and without advance to you.
Plant N Gift Owned by Seema Dhankhar (Vision Enterprises) makes no representation that the Website or Products are appropriate or available in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with applicable local laws.
You may not assign your rights and obligations under this Agreement to anyone. Plant N Gift Owned by Seema Dhankhar (Vision Enterprises) may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.