GROWHOUSE.IN | TERMS & CONDITIONS
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.
In these Terms, unless the context otherwise requires:
These Terms shall be governed by and shall be construed in accordance with the laws of India.
You, as of the date hereof, and for each following day, hereby agree, represent, warrant, and covenant as follows (as applicable):
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.
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.
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.
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:
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.
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.
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.
B-403, The Gateway Appt,
Dasara Chowk Balewadi Gaon,
Maharashtra, India - 411045
Last updated: September 30, 2020