TERMS AND CONDITIONS
“TworMart” is owned and operated by Twor India Private
Limited, a company incorporated under the Companies Act, 2013.
The domain name www.twormart.com is owned by Twor India
Private Limited (Company). TworMart.com is an internet advertising service for
local merchants offered “for product sales & Purchase”. TworMart.com
provides a platform for product buyers and sellers across India.
It is strongly recommended that you read and understand
these ‘Terms of Use’ carefully, as by accessing this site (hereinafter the
“Service”), you agree to be bound by the same and acknowledge that it
constitutes an agreement between you and the Company (hereinafter the “Service
Agreement”). If you do not agree with this Service Agreement, you should not
use or access the Service for any purpose whatsoever.
Thank you for using TworMart! These Terms of Service
(“Terms”) govern your use of the TworMart services, including TworMatr’s
website, TworMatr’s mobile applications, and any websites (or portions thereof)
or mobile applications that are operated by TworMart (collectively, the
“Services”), and are entered into by you and TworMart.
By using the Services, you agree to be bound by these Terms
and acknowledge and agree to the collection, use, and disclosure of your
personal information in accordance with TworMart’s Privacy Policy.
This document is published in accordance with the provisions
of Rule 3 of the Information Technology (Intermediaries Guidelines) Rules,
2011. The Service Agreement may be updated from time to time by the Company
without notice. It is therefore strongly recommended that you review the
Service Agreement, as available on the TworMart web and Mobile apps, each time
you access and/or use the TworMart web and Mobile apps.
The terms ‘you’ hereunder refer to the person visiting,
accessing, browsing through and/or using the TworMart web and Mobile apps at
any point in time.
Should you have any clarifications regarding the Terms of
Use, please do not hesitate to contact us at feedback@ TworMart.com.
By using Rajviz, the User is accepting these terms and
conditions in full and shall be legally bound to said terms and conditions, so
he/she should read them carefully. Access to and use of TworMart depends solely
on the acceptance of these Terms and Conditions.
1. DEFINITIONS
TworMart -̶ online platform developed by Twor India Private
Limited for the purchasing and selling of agricultural products;
Account -̶ profile to be created by the User to have free
access and use of the TworMart platform;
Customer(s) -̶ any professional(s) who use the TworMart platform
to purchase agricultural products or request the provision of Services to a
Seller or a Services Provider registered in the TworMart platform;
User -̶ any professional(s) who use the TworMart platform to
purchase agricultural products, to sell, to provide, or to request the
provision of Services to any professional registered in the TworMart platform;
Request -̶ intention to request or requesting by the
Customer of (i) the product that he/she intends to purchase and/or (ii) the
Service that he/she intends to be provided by the Seller / Services Provider
registered in the TworMart platform;
Services Provider(s) -̶ legal person(s) registered in the TworMart
platform to provide logistics and agricultural products transportation services
and/or quality/quality certification services to the User(s), at his/her(their)
request;
Professional -̶ legal person, Customer, Seller, or Services
Provider, registered in the TworMart platform, who intends, by this way, to
purchase, sell, provide services, or to request the provision of services;
Service(s) -̶ logistics and agricultural products
transportation services and/or quality/quality certification services;
Seller(s) -̶ legal person(s) registered in the TworMart platform
to sell agricultural products to User(s), at his/her (their) request.
2. RIGHTS AND
LICENSE TO USE
Subject to acceptance by the User of these Terms and
Conditions, TworMart offers the User a limited, non-exclusive,
non-sublicensable, revocable, and non-transferable license to (a) commercial
use; (b) access to the platform on his/her personal equipment, solely for the
purpose of using the platform services; and (c) access to and use any content,
information and related materials that may be made available through the
services of the TworMart platform. Any rights not expressly granted in these
terms are reserved to Twor India Private Limited.
All rights on the TworMart platform are and remain the
property of Twor India Private Limited or its licensors. Neither these Terms
and Conditions, nor the use of the services of the TworMart platform, gives the
User any rights: (a) on or related to the services, except for the limited
license granted above; or (b) to use or, in any way, to refer to the company
names of Twor India Private Limited, its affiliates or, where applicable, its
licensors, its logos, product, and service names, trademarks or other
distinctive elements of Twor India Private Limited ownership.
The User is not authorized: (a) to remove any indication of
intellectual property, including, without limitation, any trademark or other
notices related to the intellectual property of any space of the services of
the TworMart platform; b) to reproduce, modify, perform derivative works,
destroy, license, rent, sell, resell, transfer, display or publicly perform,
transmit, reproduce, broadcast, or otherwise exploit the services of the TworMart
platform, except to the extent expressly permitted by Twor India Private
Limited; (c) to decompile, reverse engineer or disassemble the TworMart platform,
except to the extent permitted by applicable law; (d) to create links or frame
any part of the TworMart platform; (e) to create or launch any programs or
scripts to capture, index, collect or otherwise extract data from any part of
the TworMart platform, or unduly overloading and / or preventing the operation
and /or functionality of the TworMart platform ; or (f) to attempt to get
unauthorized access to the TworMart platform or impair any aspect of the TworMart
platform or its systems or networks.
3. CONDITIONS OF
USE AND OPERATION OF THE TworMart PLATFORM
What are the conditions of access?
To access the services of the TworMart platform, in addition
to the acceptance of these Terms and Conditions, it is necessary to create an
Account
The User must be at least 18 years of age to obtain an
Account.
The process of creating an Account requires the User to fill
in certain personal information such as name, address, mobile phone number,
email address, payment details, and company data, among others.
Payment data shall be validated by Twor India Private
Limited’s back office and its Payment Service Provider Partner, within a 24-48
hours period. After this validation and approval, the User may use the TworMart
platform.
Unless expressly provided otherwise, the TworMart platform
only allows one Account per User.
The User guarantees the accuracy, completeness, and
timeliness of the information that he/she submits. If the information submitted
proves to be false, incomplete, or outdated, Twor India Private Limited may
disable the User’s access to the TworMart platform.
The User is responsible for all activity in his/her Account
and undertakes to always keep the security and confidentiality of his/her user
name and password.
The User undertakes to immediately notify TworMart if he/she
becomes aware of an unauthorized use or any other breach of security relating
to his/her Account.
The User agrees that all activities that occur through
his/her Account (including but not limited to posting any information about the
Professional and/or the Product and/or the Service, clicking to accept any
additional terms or rules, subscribing or making any payment for any service or
purchase of products, etc.) shall be considered as authorized by the User.
The User agrees that all activities that occur through the
Account (including, without limitation, any information about the Professional
and/or the product and/or Service, click to accept any additional terms or
rules, to subscribe or make any payment For any service or purchase of
products, among others will be considered as authorized by the User.
With the creation of the Account, the User is entitled to
access the network provided by the TworMart platform, according to these Terms
and Conditions.
How does it work?
The TworMart platform allows (a) the placement of
information regarding the sale and/or provision of Services; (b) to make orders
for purchase and/or provision of Services to the Sellers and/or Services
Providers; and (c) intermediation by TworMart of any payments to be made by the
Customer to the Sellers and/or Services Providers, against the payment of a
commission to Twor India Private Limited. This commission shall be paid to Twor
India Private Limited by the Customers and by the Sellers and/or Services
Providers.
Through the TworMart platform, the Sellers and/or Services
Providers may (i) place any information on the selling of agricultural products
and/or the provision of Services, and/or (ii) release on TworMart their
intention to sell agricultural products and/or to provide Services.
In turn, the Customer may: (i) launch in the TworMart platform
his/her intention to request the purchase of agricultural products and/or the
provision of Services, and/or (ii) request the provision of Services and/or the
purchase of agricultural products to the Sellers and/or Services Providers
registered therein. To this end, the Customer shall indicate in the TworMart platform
any data requested, namely the product that he/she intends to purchase and/or
the Service to be provided, the price, location, and intended date for delivery
and/or provision of the Service.
The intention of the Seller/ Services Provider or Customer
to request, respectively, the sale or purchase of agricultural products and/or
the provision of Services set forth in paragraphs 2 (ii) and 3 (i) shall be
valid for the period indicated upon the launch of intention to sell / purchase
or until such time that the sale and/or provision of Services takes place or
the Seller / Services Provider or Customer withdraw their intent to sell or
request.
In the case referred to in the preceding paragraph, the
Seller and/or Services Provider and the Customer interested in the sale or
purchase and/or provision of Services shall respond to the request of the
Seller/ Services Provider or Customer, and the provisions of paragraphs 7 and
8, below, shall apply.
In the event that the Customer places the request referred
to in paragraph 3 (ii) Service and/or purchase of agricultural product order,
the Seller shall confirm, within 72 hours, the receipt of the order and inform
the Customer of the estimated time for delivery, and/or the Services Provider
shall confirm, within 72 hours, the provision of the service and the estimated
time for the beginning of the provision of the Service.
Upon receipt of the confirmation and the estimated time for
delivery of the product and/or for the beginning of the provision of the
Services, the Customer decides whether to accept the order and/or the service
under the proposed conditions; in which case the Customer shall select the
option to proceed with the payment in the TworMart platform.
The Seller and/or Services Provider shall receive the
information of the acceptance of the order of the product and/or the service in
the conditions presented, thus initiating the conclusion of the process.
What are the conditions for the publication of information
on the products/services?
The User agrees to comply with the rules of Twor India
Private Limited on the publication of information and sales practices.
The User is responsible for the truthfulness, accuracy, and
content of the information of the product / Service provided.
The User undertakes to only sell and provide services that
are lawful and in accordance with the law in force.
The User product / Service may not be published on the TworMart
platform immediately upon its submission by the User and may take up to 24
hours to be available on the TworMart platform.
Twor India Private Limited does not undertake to create a
market where Customers find what they are looking for, therefore the appearance
or placement in the search and browsing results list shall depend on a variety
of factors, including, but not limited to:
Location of the Customer, search query, navigation website,
and history;
Location of the item or service, content format, price,
terms of service, history, and relevance to Customer content;
History of the Seller and/or Services Provider.
The User agrees not to submit any content that is
defamatory, libelous, violent, obscene, illegal, or in any way offensive,
whether or not this material is protected by law.
Twor India Private Limited reserves the right (but shall
have no obligation) to decide whether the contents meet the requirements of
these Terms and Conditions and may at any time and without notice remove such
content and/or terminate a User’s access to the Service for providing content
that violates these Terms and Conditions.
What are the conditions of purchasing/services contracting?
The Customer accepts that he/she is responsible for reading
any information on the product/service before making the purchase or
contracting the service.
The Seller and the Services Provider agree that they are
responsible for reading any information on the product and/or service requested
by the Customer before accepting the sale or service provision.
The Customer, the Seller, and the Services Provider
acknowledge that when placing an order for a product or requesting the
provision of a service and accepting a product order or service requested by
the Customer, they are entering into a legally binding contract.
What price shall the Customer pay for the products/services?
The price due for the products/services purchased by the
Customer shall be the price defined on the Rajviz, considering the prices
indicated by the Seller / Services Provider and any other condition applicable
to the purchase and sale or provision of services.
The Customer shall also be responsible for the payment to Twor
India Private Limited of an amount due for the services of the platform. This
amount shall be added to the price due for the products and/or services or, if
the purchase and sale or services provision results from a request of an
intention to request the purchasing of agricultural products and/or provision
of Services, the amount due to Twor India Private Limited shall be deducted
from the price indicated by the Customer for this purpose.
What is the payment method for the products/services by the
Customer?
In order to be able to carry out operations on the TworMart platform,
the Customer must, when setting up the Account, enter the information requested
to create a virtual account balance through which payments for the products
and/or services purchased shall be made
It is incumbent upon the Customer to maintain a virtual
account balance with sufficient funds to make any payments for the products
and/or services to the Seller and/or Services Provider that may be necessary.
Any movements of the funds existing in said virtual account
shall be carried out through the Lemon Way platform, as exclusive collections
agent of the Seller and/or Services Provider, and, as a such, third party to
the contractual relationship established between the Customer and the Seller
and/or Services Provider.
To carry out the payment of the products and/or services
ordered, the User expressly accepts the terms and conditions of use of the
RazorPay platform, available at https://razorpay.com/terms/.
Upon completion of (i) acceptance by the Customer of the
budget submitted by the Services Provider or the price of the product; or (ii)
acceptance by the Customer of the Seller or the Services Provider proposal of
his/her request intention, TworMart shall forward the Customer to the
service/product payment page
TworMart shall charge (i) the price due for the products
and/or Services, under the terms, agreed between the Customer and the Seller
and/or Services Provider, and indicated in the TworMart platform, and (ii) the
amount due to Twor India Private Limited for the services provided by the TworMart
platform according to the procedure described above.
What is the payment method of the products/services to the
Seller / Service Provider?
Except otherwise provided in Sections 4 and 5 below, the
price of the products/services charged to the Customer shall be charged to the TworMart
virtual account of the Seller / Services Provider and forwarded through the
Razor Pay platform to the bank account of the Seller/ Service Provider. This
process shall be repeated for all payments that may be made as a result of the
payment terms agreed upon.
Upon receipt of the price due by the Customer pursuant to
the terms of the preceding paragraphs, invoices regarding the price of the
products and/or services and the amount due to Twor India Private Limited for
the services made available on the TworMart platform shall be issued and sent
to the Customer directly by the Seller and/or Services Provider and by Twor
India Private Limited, respectively.
4. USER’S
OBLIGATIONS
The User undertakes not to directly contract or make any
direct payments to other Users of the TworMart network, with whom he/she has
had contacts through this network, other than through the TworMart platform.
The User further undertakes not to create, copy, reproduce,
modify, or use in any way any content of the TworMart platform, and not to use
works and requests that have been made known to him/her by this means directly
with the Seller and/or Services Provider.
The User agrees not to use services for purposes other than
those for which they are intended, namely illicit purposes.
The User undertakes not to send to third parties or
otherwise disclose any request existing in the TworMart platform or to
distribute or publicly display any content of the TworMart platform without the
prior and express permission of Twor India Private Limited.
The content published by the User on the TworMart platform
is owned by the User. However, the User assigns to Rajviz, to the extent
permitted by law, a free and perpetual license to use, copy, modify, create
derivative works, distribute, perform in any way, or otherwise exploit the
content in all formats and distribution channels, without the need for any
prior notice or consent of the User and without there being any compensation to
this effect.
The User further declares that: (a) the activities pursued
through the TworMart platform comply with the applicable rules, regulations,
and legislation in force; (b) he/she carries out commercial transactions with
other Users in good faith; (c) he/she complies with the agreements concluded
through the TworMart platform and in the terms indicated therein; (d) he/she
shall not impersonate any other person or entity or misrepresenting his/her
relationship with any other entity;
Upon knowledge of any violation or potential violation of
these Terms and Conditions, TworMart reserves the right (but shall have no
obligation) to decide whether the User meets the requirements of these Terms
and Conditions and may, at any time and without prior notice, terminate any
User’s access to the TworMart platform.
The conditions applicable to the processing of the User’s
personal data that may be collected by Twor India Private Limited, directly or
through the TworMart platform, are best described in the Privacy Policy of TworMart
and its partners, available on the Privacy web page.
The User undertakes to respect the personal data submitted
in the TworMart platform, namely not to proceed to its disclosure, publication,
or interception.
The User is responsible for obtaining the necessary access
to the data network in order to use the services provided by the TworMart platform.
The fees and rates of the data and messages network of the mobile equipment of
the User may apply, should the User access or use the Services from a wireless
device, and the User is responsible for paying such fees and rates. The User is
responsible for acquiring and updating the equipment or devices required to
access and use the services and any updates thereof. The TworMart platform
services may be subject to failures and/or delays inherent to the use of the
Internet and electronic communications. Twor India Private Limited does not
guarantee the operation of the TworMart platform or that the TworMart platform
services or any part thereof will work on a particular equipment or device.
5. TWOR INDIA
PRIVATE LIMITED LIABILITY AND LIMITATION OF LIABILITY
Twor India Private Limited guarantees that it is in a
legitimate and legal position to market and provide the TworMart platform.
There is no relationship between Twor India Private Limited,
the Customer, the Seller, and/or Services Provider other than the availability
of the TworMart platform, as provided in these Terms and Conditions. The
Customer acknowledges that the purchase and sale of products and/or that the
Services provided or rendered by the Sellers and/or Services Providers, which
act on their own account and responsibility, and that Twor India Private
Limited is not, in any way, part the contractual relationship established
between the Customer, the Seller and/or Services Provider.
Twor India Private Limited is not responsible for the
execution of the agreement between Customer and the Seller and/or Services
Provider, for the proper performance of the agreement signed between them, for
the fulfilment of any conditions agreed between the Customer and the Seller
and/or the Services Provider or for the quality, suitability, safety, and
competence of the product purchased from the Seller and/or the Service provided
by the Services Provider. Twor India Private Limited is not therefore
responsible for the payment of the services/products by the Customer, and it
shall not be enforceable against the Customer the lack of funds or insufficient
funds in the account indicated by the Customer to make payments to the Seller and/or
Services Provider.
Similarly, Twor India Private Limited shall not be liable
before the User and/or any third party for any direct or indirect damages,
warranties, lost profits, or any damages that may result from the contractual
relationship between the Customer, the Seller, and/or Services Provider. The
Customer accepts all risks arising from any product and/or service request.
Twor India Private Limited and the Users have a relationship
of total technical-operational independence without obligations of exclusivity
or economic dependence and do not have a subordinate relationship with each
other or any employment relationship, partnership, association, trust, or any
other type of relationship of a similar nature. The supply and/or the provision
of the services are performed with full autonomy and independence by the Seller
and/or Services Provider.
In order to meet the User’s trust and expectations, Twor
India Private Limited verifies whether the Sellers and/or Services Providers
comply with the quality standards of Twor India Private Limited to sell the
products and provide the services made available on the TworMart platform. Twor
India Private Limited also ensures the binding of the Sellers and/or Services
Providers registered in the TworMart platform network to the obligation to
supply the products and to perform the services with the greatest accuracy,
fairness, and diligence.
Notwithstanding the foregoing, Twor India Private Limited is
not responsible for, nor does it guarantee, the fulfillment of any requirements
or conditions necessary for the provision of the services by the Services
Provider or for the sale of products by the Sellers, namely, (a) compliance
with the technical requirements required by law; (b) the existence of consent
by all governing, regulatory and inspection bodies for the execution of the
orders or services requested; (c) experience, knowledge and technical ability
for the sale of products and/or provision of the services requested; (d)
existence of civil liability insurance or other
Twor India Private Limited is not responsible in any way for
(a) any type of dispute, default, or damage arising from the contractual
relationship between the Users through the TworMart platform; (b) any damage
caused to third parties as a result of the supply of the products by the Seller
or the execution of services by the Services Provider; (c) any damage, injury
or loss arising from the use or trust created in the services provided by Twor
India Private Limited, including any failures or interruptions in the
functioning of the TworMart platform and the inability to access the TworMart platform;
(d) any damage that may result from a malfunction of the TworMart platform,
either by computer failure, viruses, Trojan horses, worms or something causing
interference in the system.
The information available on the TworMart platform
concerning the products, the Sellers, the Services Providers, and the Customers
are provided by the Users. Twor India Private Limited assumes no responsibility
for any error, omission, inaccuracy, or falsity of the information transmitted
by the Users. Twor India Private Limited is in no way responsible for the
information contained in the TworMart platform.
The TworMart platform may be made available or accessible
within the scope of third-party service and content outside the control of Twor
India Private Limited. The User acknowledges that the use of third-party
services and content may be subject to their terms of use and privacy policies.
Twor India Private Limited provides no warranty and is not responsible for such
third-party services and content. Additionally, any third-party beneficiaries
of the use of the TworMart platform are not part of the relationship between
the User and Twor India Private Limited or between Users. Access to the TworMart
services, by the User, through third-party equipment, services and/or content
is subject to the conditions stipulated in the terms and conditions applicable
to the service of the third party.
6. COMPLAINTS
Twor India Private Limited provides a tool in the TworMart platform,
for the benefit of the Customer, for the presentation of complaints regarding
the Seller and/or Services Provider or the product and/or service provided,
acting as a mediator in these cases. This service is provided only for the
better functioning of the TworMart platform and for a more efficient and faster
resolution of disputes arising from the contractual relationship between the
Users.
Any Customer complaint should always be addressed to Twor
India Private Limited, through the means available on the TworMart platform,
namely to the email feedback@rajviz.com, which shall communicate it to the
Seller and/or Services Provider within two (2) days. The Seller and/or Services
Provider has a two (2) days term to send Twor India Private Limited a reply to
the complaint presented.
Twor India Private Limited undertakes to keep the Customer
informed about the status of the complaint process.
The Seller and/or Services Provider may, in response to the
complaint submitted: (i) uphold the complaint filed by the Customer; or (ii)
consider that there are no grounds for the complaint.
If the Seller and/or Services Provider upholds the
complaint, there shall be the correction of any defects, faults, disabilities,
or differences in relation to the products and/or services contracted by the
Customer, on the account of the Seller and/or Services Provider or, if this is
not possible, the price paid for the supply and/or the services provided shall
be returned to the Customer in the proportion of the breach, inaccuracy,
failure or defect in the execution of the service or product delivered.
If the Seller and/or Services Provider considers having
complied with his/her obligations, Twor India Private Limited shall forward an
email to the Customer communicating that decision and the inalterability of the
situation.
Users acknowledge that they cannot hold Twor India Private
Limited responsible for the decisions of the Seller and/or Services Provider.
Regardless of the use of this tool to present complaints
regarding the Seller and/or Services Provider or the purchased product and/or
service provided, the Customer shall always have the right to submit his/her
complaint before any competent judicial and extra-judicial mechanisms.
7. SUSPENSION AND
CANCELLATION OF THE ACCOUNT
Twor India Private Limited reserves the right to suspend for
any period of time it will define, to cancel, at its discretion and whenever it
deems necessary, to the extent permitted by law, the Account of any User who
violates or, regarding whom there is suspicion of violation, present or future,
of any of the obligations under these Terms and Conditions and/or the law,
namely in case of false information to be provided by the User.
8. FINAL
PROVISIONS
The User may not assign or transfer these Terms and
Conditions, in whole or in part, without the prior written consent Twor India
Private Limited.
The User authorizes Twor India Private Limited to assign or
transfer these Terms and Conditions, in whole or in part, to: (i) a subsidiary
or affiliate; (ii) an acquirer of Twor India Private Limited’s capital or
assets; or (iii) any successor.
These Terms and Conditions do not determine the existence of
any vertical relationship, partnership, work, or agency relationship between
the User, Twor India Private Limited, and any third party.
If any provision of these Terms and Conditions is found to
be unlawful, invalid, or unenforceable, in whole or in part, under any law,
such provision or part thereof shall to this extent be understood as not
forming part of these Terms and Conditions, and the legality, validity, and
enforceability of the remaining provisions shall not be affected. In this case,
the part of the illegal, invalid, or unenforceable provision shall be replaced
by a (part of a) provision that is legal, valid, and enforceable and that has,
to the greatest extent possible, a similar effect to the provision or its
illegal, invalid or unenforceable part, taking into account the contents and
purpose of these Terms and Conditions.
These Terms and Conditions contain the entire agreement
between Twor India Private Limited and the User. Twor India Private Limited
reserves the right to, at any time, alter these Terms and Conditions in any
way. Whenever changes are made to the applicable Terms and Conditions, Users
shall be presented, when accessing the TworMart platform, a notice informing
them of such fact and a request for acceptance of the new Terms and Conditions.
Without this acceptance, Users shall not be able to continue to access and use
the TworMart platform. Any notices of modification of these Terms and
Conditions shall also be published on the website: www.rajviz.com. Changes made
to the Terms and Conditions shall not be retroactive and shall not take effect
within a period of less than fourteen (14) days after their publication.
Changes to the Terms and Conditions that result from (i) modifications or new
features of the TworMart platform, or (ii) legal impositions, which shall
produce immediate effects, are excepted.
The present Terms and Conditions, as well as any dispute
inherent to Twor India Private Limited, shall be subject to Indian law, and the
courts of the jurisdiction are hereby designated as competent.
9. OUR CONTACTS
Web page: www.twormart.com
Email: feedback@twormart.com
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