Legal

GROWHOUSE.IN | TERMS & CONDITIONS

1. INTRODUCTION

Welcome to the www.growhouse.in website (“Site”). Your use of this Site, is subject to certain terms and conditions of use ( collectively "Terms") set forth below. These Terms are important for both you and us, as they create a legally binding agreement between us, in terms of applicable law, including the Indian Contract Act, 1872, as amended, protecting your rights as a valued customer and our rights as a business.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING AND/OR PLACING AN ORDER FROM THE SITE. THEY MAY SEEM TECHNICAL AND LEGALISTIC, BUT THEY ARE IMPORTANT. BY USING THIS SITE AND/OR PLACING AN ORDER FROM THIS SITE, YOU ACCEPT THESE TERMS AND OUR POLICIES,WITHOUT ANY RESTRICTIONS, RESERVATIONS OR QUALIFICATIONS, AND YOU AGREE TO BE BOUND BY THESE TERMS. THIS INCLUDES, WITHOUT LIMITATION, ACCEPTING THE TERMS RELATING TO USE OF THE SITE, BINDING ARBITRATION, DISPUTE RESOLUTION, DISCLAIMER OF WARRANTIES, DAMAGE AND REMEDY EXCLUSIONS AND LIMITATIONS, AND INDIA AS CHOICE OF LAW, AS SET FORTH HEREIN. IF YOU DO NOT AGREE TO THESE TERMS OR OUR POLICIES, WHETHER IN WHOLE OR IN PART, PLEASE DO NOT USE THE SITE OR ANY OF THE SERVICES PROVIDED ON THE SITE, OR PLACE AN ORDER FROM THE SITE.

These Terms constitute an agreement between (a) you (hereinafter, "you" or "your") of ONE PART, and (b) Growhouse LLP,a limited liability partnership, incorporated under the Limited Liability Partnership Act, 2008, having its registered address at B-403, The Gateway Appt, Dasara Chowk Balewadi Gaon, Balewadi, Pune, Maharashtra, India - 411045 (hereinafter collectively, "us," "our," "we," "Growhouse," or the "Vendor") of the OTHER PART, in relation to your use of the Site, the goods/services offered and sold through the Site, and any orders you place through the Site (collectively, the "Growhouse Services"). Before you place an order, please carefully read these Terms.

If you have any questions about the Terms, you may contact us via the contact information provided on our “Contact Us” webpage on the Site. Further, please also see the webpages of the Site entitled “FAQs – Shipping and Delivery” and “FAQs – Cancellation and Return Policy”, which are incorporated herein by reference.

2. INTERPRETATION

In these Terms, unless the context otherwise requires:

(a) terms defined in these Terms by reference to any other agreement, document or instrument shall have the meanings assigned to them in such agreement, document or instrument;

(b) where any statement in these Terms is qualified by the expression “to the knowledge” or “to the best of the knowledge or information or belief” or any similar expression, that statement shall, save as expressly provided to the contrary herein, be deemed to mean that it has been made after due and careful inquiry by the person making such statement;

(c) where any consent, approval, determination, waiver or findingis to be given or made by Growhouse, such consent, approval, determination, waiver or findingshall be made or given by Growhouse in its sole and absolute discretion;

(d) in the computation of periods of time from a specified date to a later specified date, the words “from” and “commencing on” mean “from and including” and “commencing on and including”, respectively;

(e) reference to an “amendment” includes a supplement, modification, novation, replacement or re-enactment and “amended” is to be construed accordingly;

(f) “assets” includes present and future properties, revenues and rights of every description;

(g) the words “hereof”, “herein”, and “hereto” and words of similar import when used with reference to a specific Clause in these. Terms shall refer to such Clause in, and when used otherwise than in connection with specific Clauses, shall refer to these Terms as a whole;

(h) headings and the use of bold typeface shall be ignored in its construction;

(i) a reference to a Clause or sub-clause, is, unless indicated to the contrary, a reference to a clause or sub-clause of these Terms;

(j) references to these Terms shall be construed as references also to any separate or independent stipulation or agreement contained in it;

(k) the words “other”, “or otherwise” and “whatsoever” shall not be construed ejusdem generis or be construed as any limitation upon the generality of any preceding words or matters specifically referred to;

(l) references to the word “includes” or “including” are to be construed without limitation;

(m) references to the word “year” means 365 (three hundred sixty five) days for a non-leap year, and 366 (three hundred sixty six) days for a leap year;

(n) unless the context otherwise requires, the singular includes the plural and vice versa;

(o) words importing a particular gender shall include all genders;

(p) references to any law or applicable law shall include any constitution, statute, law, rule, regulation, ordinance, judgment, order, decree, government approval, or any published rule, bye-law, regulation, notification, circular, policy, direction, directive, guideline, requirement or governmental restriction (whether or not having the force of law), any modification or re-enactment of any of the aforesaid, or any determination by, or interpretation of any of the foregoing by, any judicial authority, whether in effect as of the date hereof or thereafter and each as amended or re-enacted from time to time;

(q) words and abbreviations, which have well known technical or trade or commercial meanings are used in these Terms in accordance with such meanings; and

(r) references to “Parties” shall mean a reference to you and Growhouse, collectively;

(s) a time of day is a reference to Indian Standard Time.

3. GOVERNING LAW

These Terms shall be governed by and shall be construed in accordance with the laws of India.

4. DISPUTES

(a) Any dispute, controversy or claim arising out of, or in connection with the existence, validity, interpretation, performance, termination of these Terms, or otherwise in connection with the Growhouse Services shall, to the extent considered arbitrable under applicable law, be referred to and finally resolved by arbitration administered in accordance with the Arbitration and Conciliation Act, 1996, as amended (the “Arbitration Act”) for the time being in force, which Arbitration Actis deemed to be incorporated by reference into these Terms.

(b) The number of arbitrators shall be one, who will be appointed by us, in our sole discretion.

(d) The parties irrevocably agree to be bound by the tribunal’s findings, including findings of law.

(e) The parties shall, and shall ensure that the arbitrator will, on a best endeavour basis, conduct the necessary proceedings and determine all issues in question within 3 (three) months from the date on which the request for arbitration is submitted by Growhouse. The parties to such proceedings shall provide their full co-operation to Growhouse in this regard.

(f) Notwithstanding the foregoing, nothing precludes Growhouse from approaching or seeking interim equitable relief, including an action seeking injunction or specific performance, in any court of competent jurisdiction.

(g) Subject to the provisions contained in sub-clauses 4 (a) – 4 (f) above, the Parties irrevocably agree that that the competent courts at and tribunals of Pune shall have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms (including a dispute regarding the existence, validity or termination of these Terms) or in connection with the Growhouse Services, and you hereby submit to the same.

(h) You agree that the courts and tribunals of Pune are appropriate and convenient courts and tribunals to settle the aforementioned disputes and accordingly you shall not argue to the contrary.

(i) Nothing contained in this Clause, shall limit any right of Growhouse to take proceedings in any other court or tribunal of competent jurisdiction, nor shall the taking of proceedings in one or more jurisdictions preclude the taking of proceedings in any other competent jurisdiction whether concurrently or not.

5. USE OF THE SITE, REPRESENTATIONS, WARRANTIES AND COVENANTS

You, as of the date hereof, and for each following day, hereby agree, represent, warrant, and covenant as follows (as applicable):

You may only use the Site to make legitimate inquiries or orders, in accordance with applicable law.

You will not make any speculative, false or fraudulent orders. If we are reasonably of the opinion that such an order has been made, we shall be entitled to cancel the order and inform the relevant authorities.

You also agree to provide correct and accurate email, postal and/or other contact details to us and acknowledge that we may use these details to contact you in the event that this should prove necessary.

If you do not give us all of the information that we need, we may not be able to complete your order.

You will not attempt to interfere or interfere in any way with the Site's network, or our networks, or related network security, or attempt to use the Site's service to gain unauthorized access to any other computer system.

You will not use the Site to communicate, transmit, or post material that infringes on the intellectual property, privacy or publicity right of another person or entity or is contrary to the provisions of applicable law.

You will not use the Site or Growhouse Services to engage in conduct that would constitute a civil or criminal offense, or that otherwise violates the provisions of any city, state, national, government, federal or international law or regulation or applicable law.

By placing an order through the Site, you represent and warrant (in case you are a natural person), that you are at least 18 years old and are legally capable of entering into binding a binding agreement.

You are (in the event you are not a natural persons) incorporated and organised and validly existing under applicable law.

The entry into and performance by you, of these Terms, do not, and shall not, conflict with: (i) any applicable law or court order applicable to you or binding on your assets; (ii) the constitutional documents (in case you are not a natural person); or (iii) any agreement or instrument binding upon you or your assets.

You have the power and authority to enter into, perform, deliver and to comply with the provisions of these Terms, and you have taken all necessary corporate (in case you are not a natural person) and other actions to authorise the entry into, delivery and performance by you of these Terms.

6. AVAILABILITY OF PRODUCTS

All orders for products are subject to availability and in this regard, in the event of supply difficulties or because products are no longer in stock, we reserve the right to give you information about substitute products of an equal or higher quality and value which you can order. If you do not wish to order such substitute products, we will refund any monies that you might have paid.

7. REFUSAL OF ORDER

We reserve the right to withdraw any product from the Site at any time and/or remove or edit any materials or content on the Site. While we will make reasonable efforts to process all orders, there may be exceptional circumstances that may require us to refuse to process an order after we have sent you an order confirmation; and we reserve the right to refuse to process an order at any time, at our sole discretion.

We will not be liable to you or any other third party by reason of our withdrawing any product from the Site, whether it has been sold or not, removing or editing any materials or contents on the Site or for refusing to process or accept an order after we have sent you the order confirmation.

8. RETURNS, CANCELLATIONS & REFUNDS

Returns, cancellation and refunds in relation to Growhouse Services will be in accordance with, and in terms of the provisions of the webpage entitled “FAQs- Cancellation & Return Policy” of the Site, which is hereby incorporated in these Terms by reference.

9. DELIVERY

Delivery of Growhouse Services will be in accordance with, and in terms of the provisions of the webpage entitled “FAQs- Shipping & Delivery” of the Site, which is hereby incorporated in these Terms by reference.

10. RISK AND TITLE

The product(s) will be at your risk from the time of delivery. Ownership of the product(s) will only pass to you when we receive full payment of all sums due in respect of the products, including delivery charges, or upon delivery, whichever event occurs later in time.

11. PRICE & PAYMENT

The price of the products shall be the one quoted from time to time on the Site. except where there is an error. While we take care to ensure that all prices quoted on the Site are accurate, errors may occur. If we discover an error in the price of any product(s) you have ordered, we will inform you as soon as possible and give you the option of reconfirming the order at the correct price or cancelling it. If we are unable to contact you, the order will be treated as cancelled and if you have already paid for the product(s) you will receive a full refund.

We are under no obligation to sell the product(s) to you at the incorrect (lower) price (even after we have sent you an order confirmation) if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as such. All prices are exclusive of shipping charges and goods and services tax (if applicable). The total cost of the order is the price of the product(s) ordered plus the delivery charge and goods and services tax (if applicable), which will be displayed at the check-out webpage of the Site. Prices may change at any time.

Goods and services tax is charged (if applicable) according to the shipping address of your order as required by applicable law.

12. DISCLAIMERS & LIABILITY

We publish information on the Site as a convenience to you. While we attempt to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site at any time without notice. The products described in the Site may not be available in your region. We do not claim that the information in the Site is appropriate to your jurisdiction or that the products described in the Site will be available for purchase in all jurisdictions.

YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE SITE OR GROWHOUSE SERVICES, WHICH IS PROVIDED "AS IS." WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS, COVENANTS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION AND GROWHOUSE SERVICES ACCESSED FROM OR VIA THE SITE, INCLUDING WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, FUNCTIONS AND SERVICES PROVIDED ON THE SITE, WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ITS FUNCTIONS OR CONTENT AND MATERIALS OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS' EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NOTWITHSTANDING ANYTHING TO THE CONTRARY THAT MAY BE CONTAINED IN THESE TERMS, WE WILL NOT, IN ANY CASE WHATSOEVER, BE LIABLE FOR REFUNDS FOR AMOUNTS WHICH HAVE NOT BEEN RECEIVED BY GROWHOUSE, INCLUDING BUT NOT LIMITED TO, ON ACCOUNT OF FAILURE OF PAYMENT RELATED SERVICES (AMOUNTS WILL BE DEEMED TO BE “RECEIVED” BY GROWHOUSE ONCE CREDITED TO THE ACCOUNTS OF GROWHOUSE OR UPON RECEIPT OF CONFIRMATION IN RELATION THERETO FROM OUR PAYMENT PARTNERS, WHICHEVER IS EARLIER).

We make no warranties of any kind regarding any non-Growhouse sites or mobile apps to which you may be directed or hyperlinked from the Site. Hyperlinks are included solely for your convenience, and we make no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-Growhouse sites or mobile apps. We do not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.

IN NO EVENT SHALL GROWHOUSE LLP, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) (COLLECTIVELY, “DAMAGES”) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE, GROWHOUSE SERVICES OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF GROWHOUSE OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) MONTH AFTER THE CAUSE OF ACTION ACCURES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED.

Due to the open nature of the Site, and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted to or obtained from the Site unless otherwise expressly set out on the Site.

13. INDEMNITY

You agree to indemnify and hold harmless Growhouse LLP, its partners, employees, subsidiaries, affiliates, and officers from and against any and all claims, liabilities, damages, costs, expenses, fines, penalties, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees), incurred by Growhouse LLP and such parties, and shall defend Growhouse LLP and such parties against any and all claims arising out of, related to, and / or in connection with (a) your use of the Site or breach of these Terms; (b) fraud you commit, or your intentional misconduct or gross negligence; (c) your violation of any applicable law, whether Indian or foreign, or the rights of a third party; and (d) violation of these Terms, or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right

Growhouse will control the defense of any claim to which indemnity may apply, and in any event, you shall not settle any claim without the approval of Growhouse.

14. INTELLECTUAL PROPERTY

The Site, including all of its information and contents, such as word marks, design marks, text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, graphics, software and the HTML used to generate the pages (collectively, "Materials"), is Growhouse property or that of our suppliers or licensors and is protected by patent, trademark and/or copyright under Indian and/or foreign laws. Except as otherwise provided on the Site, or in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials from the Site in whole or in part, for any public or commercial purpose without the specific prior written permission of Growhouse. We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products and services described on the Site and to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, the Materials on the Site as well as features and/or hours of availability of the Site, and we will not be liable to you or to any third party for doing so.

We have the right to change these rules and/or limitations at any time, in our sole discretion.

Notwithstanding anything to the contrary contained in these Terms, this Clause will not be deemed or construed to be a representation or warranty to you, in relation to the ownership of the Materials.

15. WRITTEN COMMUNICATIONS

When using our Site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Site, push notifications or messages. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.

16. NOTICES

All notices given by you to us should be given to us preferably via the avenues of contact provided on our "Contact Us” webpage. Subject to and as otherwise specified in Clause 15 above, we may give notice to you via either the email, message, push notification (if consent has been provided) or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on the Site, 24 hours after an email is sent, or three days after the date of posting of any letter mailed. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email that such email was sent to the specified email address of the addressee.

17. BINDING NATURE; ASSIGNMENT

These Terms, and our policies are binding on you and your respective heirs, successors and permitted assigns. You may not transfer, assign, charge or otherwise dispose of these Terms, our policies, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of these Terms and our policies, or any of our rights or obligations arising thereunder, at any time.

18. FORCE MAJEURE

We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under an order you have placed that is caused by events outside our control (a "Force Majeure Event").

A Force Majeure Event shall include any act, event, non- happening, omission or accident beyond our reasonable control and shall include in particular (without limitation) the following:

Strikes, lock-outs or other industrial action;

Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.

Fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic (including the COVID-19 pandemic) or other natural disaster;

Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

Impossibility of the use of public or private telecommunications networks;

The acts, decrees, legislation, regulations or restrictions of any government;

Any shipping, postal or other relevant transport strike, failure or accidents.

Failure of services relating to technology, data storage, digital record keeping, data base and web hosting; and

Acts of cyber-crime.

Our performance under any order you have placed is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.

19. WAIVER

No failure of Growhouse to enforce any of its rights or remedies under these Terms will act as a waiver of such rights and remedies. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the provisions of the clause on Notices (Clause 16) above.

20. SEVERABILITY

If any of these Terms or any provisions of an order are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

21. ENTIRE AGREEMENT

These Terms and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of these Terms and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and us acknowledge that, in entering into these Terms, neither you nor us has relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between you and us prior to such Terms, except as expressly stated in these Terms.

22. QUESTIONS AND FEEDBACK

We welcome your questions, comments and feedback. Please send all questions, comments and feedback to us via the contact information provided on our "Contact Us” webpage.

Growhouse LLP
B-403, The Gateway Appt,
Dasara Chowk Balewadi Gaon,
Balewadi, Pune,
Maharashtra, India - 411045

Last updated: September 30, 2020