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Terms of Use

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and 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 www.sakurafresh.com website.

The domain name www.sakurafresh.com (hereinafter referred to as "Website") is owned by First Agro Tech Produce Private Limited, a Indian company incorporated under the Companies Act, 1956 with its registered office at 177, 6th Main, 7th Block, 4th Phase, Banashankari 3rd Stage, Bangalore-560085 (hereinafter referred to as "First Agro").

Your use of the Website and services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If You transact on the Website, You shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, You shall be contracting with First Agro and these terms and conditions including the policies constitute your binding obligations, with First Agro.

For the purpose of these Terms of Use, wherever the context so requires "You", “Your” or "User" shall mean any natural or legal person who has agreed to become a buyer on the Website by providing Registration Data while registering on the Website as Registered User using the computer systems. The users are required to register on our website to purchase. The term "We", "Us", "Our" shall mean First Agro Tech Produce (P) Limited.

When You use any of the services provided by Us through the Website, including, You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by First Agro’s Policies (including but not limited to Privacy Policy) as amended from time to time.

Membership Eligibility

Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Website and shall not transact on or use the Website. As a minor if you wish to use or transact on Website, such use or transaction may be made by your legal guardian or parents on the Website. First Agro reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to First Agro's notice or if it is discovered that you are under the age of 18 years.

Your Account and Registration Obligations

If You use the Website, You shall be responsible for maintaining the confidentiality of your login ID and Password and You shall be responsible for all activities that occur under your login ID and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide You with access to the Website.

Communications

When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.

Charges

Membership on the Website is free for buyers, First Agro does not charge any fee for browsing. First Agro reserves the right to change its Fee Policy from time to time. In particular, First Agro may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event First Agro reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments.

Copyright & Trademark

First Agro and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Website. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of First Agro or any third party's intellectual property rights. All rights, including copyright, in this Website are owned by or licensed to First Agro. Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of First Agro. You may not modify, distribute or re-post anything on this Website for any purpose. The names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of First Agro, its affiliates, its partners or its suppliers. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner. References on this Website to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply First Agro endorsement, sponsorship or recommendation of the third party, information, product or service. First Agro is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Website (collectively, the "Contents") are intended solely for personal, non-commercial use. No right, title or interest in any materials or software is transferred to you as a result of any downloading or copying. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Website or any related software. All software used on this Website is the property of First Agro or its licensees and suppliers and protected by Indian and international copyright laws. The Contents and software on this Website may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Website is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by First Agro, one of its affiliates or by third parties who have licensed their materials to First Agro and are protected by Indian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Website is the exclusive property of First Agro and is also protected by Indian and international copyright laws.

Use of the Website

You agree, undertake and confirm that Your use of Website shall be strictly governed by the following binding principles:

  1. That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by First Agro or its authorised distributor for redelivery shall be claimed from you
  2. That you will use the services provided by the Website, its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using and transacting on the Website
  3. That you will provide authentic and true information in all instances where such information is requested of you. First Agro reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), it has the right in its sole discretion to reject the registration and debar you from using the Services and / or other affiliated websites without prior intimation whatsoever.
  4. That you are accessing the services available on this Website and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Website
  5. That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.
  6. That before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale with respect to the product ordered.

You agree and confirm not use the Website for any of the following purposes:

  1. Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
  2. Transmitting material that encourages conduct that constitutes a criminal offence or results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
  3. Gaining unauthorized access to other computer systems.
  4. Interfering with any other person's use of Website
  5. Breaching any applicable laws;
  6. Interfering or disrupting networks or web sites connected to the Website
  7. Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
  8. You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.

Product Images and Description

Product images that you see on our Website are for representation only to enable you to get fair idea about the products you want to order. The actual product could vary in terms of appearance, packaging etc. The product images and description provided on the Website are on “as is” basis and without warranties of any kind expressed or implied. All information is believed to be accurate but is not guaranteed and subject to change. The Website contains details pertaining to the product such as its specifications, ingredients, contents, caution notes etc. Such product details are similar to the details given on the product pack and First Agro shall not be responsible such product details. Healthy tag/category with respect to any product does not imply recommendation from First Agro to buy the product. Users shall use their own discretion keeping in mind their own dietary needs and medical conditions. The product images, description and categories are solely provided for the purpose of your information and convenience without any expressed or implied warranties and liability of First Agro. The image quality and colours of the product on the Website shall depend on your monitor, we cannot guarantee that your monitor's display of any colours will be accurate.

Disclaimer of Warranties and Liability

This Website, all the materials, products and services, included on or otherwise made available to You through this site are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, First Agro does not warrant that:

This Website will be constantly available, or available at all; or

The information on this Website is complete, true, accurate or non-misleading.

First Agro will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. First Agro does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components.

Excluded Services

The services provided by the www.sakurafresh.com do not include the provision of computer or other necessary equipment to access the website. To use the www.sakurafresh.com  you will require Internet connectivity and appropriate telecommunication links. First Agro shall not be liable for any telephone or other costs that you may incur.

Price

The prices mentioned on the website are per packet or punnet at the time of ordering. 

The Website may have some promotional offers running for some products. The promotions can be availed till the stock of the promotional product lasts. First Agro will not be liable for the availability of stock of the product under promotional offers.

Payment

As of now, all delivery of products will be on a Cash On Delivery by our authorised distributor based on your order. We also have a option of electronic transfer post delivery through bank transfer (NEFT) or BHIM application. In future with the availability of online payment facility options, while availing any of the online payment options available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:

  1. Lack of authorization for any transaction/s, or
  2. Exceeding the preset limit mutually agreed by You and between "Bank/s", or
  3. Any payment issues arising out of the transaction, or
  4. Decline of transaction for any other reason/s

All payments made against the purchases/services on Website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website. All payments made to our authorised distributor will be based on actual weight of the ordered fresh produce product.

In case of non Cash On Delivery payment option in future, before shipping / delivering your order to you, we may request you to provide your ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done to provide you safe shopping experience.

You understand, accept and agree that the payment facility provided for non Cash On Delivery transactions in future by First Agro is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery, collection and remittance facility for the Transactions on the First Agro Website using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, First Agro is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.

Delivery

All deliveries made as per your orders placed shall be subject to delivery charges as decided by First Agro from time to time plus government taxes as applicable. All deliveries will be handled and billed by an authorised distributor as stated on our Website. First Agro reserves the right to change its Fee Policy from time to time. Any changes in the delivery charges shall be posted on our website. Delivery will be made to the address specified by you during the order. Our authorised distributor will make a prior telephone call on the designated telephone / mobile number to intimate the delivery schedule and approximate time of arrival. You are responsible for ensuring that someone is present at the delivery address to receive and pay for deliveries at the specified time of delivery. Anyone at the delivery address who receives the delivery is conclusively presumed to be authorized to receive and pay for the order. If you are not at home or unavailable when we reach, we will schedule a re-delivery for you at an additional cost.

We will deliver your order to the main entrance of the delivery address. We always reserve the right to deliver only to the main entrance of the delivery address. We shall not be liable directly or indirectly for any special request by you to our delivery associate to deliver the order to any other place than the main entrance of the delivery address.

Compliance with Laws:

You using and transacting on this site you agree to comply by all the applicable laws and its amendments including but not limited to Information and Technology Act, 2000 and the rules made there under.

Buyer's arrangement with Issuing Bank:

As of now, all deliveries of orders will be on a Cash On Delivery by our authorised distributor. In future, based on payment facility available on Website, all Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.

All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.

Intellectual Property Rights

The content of the website is protected by copyright, trademarks, database and other intellectual property rights. You may retrieve and display the content of the website on a computer screen (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the website without written permission from First Agro.

Contact Us

Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website. In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:

Grievance Officer, Sakura Fresh Division,
First Agro Tech Produce (P) Ltd,
Ganapathi Complex, #672/D, 11th cross, 
K.R.Road, Jayanagar 7th Block, Bangalore-560070
Email: grievance@sakurafresh.com

Returns Policy

We have a no questions returns policy at the time of delivery. Which means you can return any product not to your satisfaction to our Distributor at the time of home delivery. You will get a full refund for the products returned by you for orders where you have paid for on the Website (in future using our payment facility options). In such cases, the money will be credited to same credit / debit card or bank account which was used to pay for those products. It takes between 5-7 working days for the credits to reflect in your account. For Cash On Delivery orders, the authorised distributor will deduct the price of the products returned by you from the total invoice. You will be required to only pay the balance for the products you have accepted.

First Agro is a commercial grower and cultivates all its Zero Pesticide™ and Non-GMO fresh produce at its own farm. This ensures that we are able to give you the safe, right quality and freshness when we deliver the products to your doorstep. Post-delivery, a lot depends on when and how you store and consume the products.

Therefore, we are unable to accept any returns after delivery.

Therefore, it is important that you check and inspect all products at the time of delivery.

First Agro does not hold any responsibility and liability with respect to the usage of the products delivered.

Advertising and Sponsorship

Part of the website may contain advertising and sponsorship. Advertisers and Sponsors are responsible for ensuring that material submitted for inclusion on the website complies with relevant laws and codes. We will not be responsible for any error or inaccuracy in advertising and sponsorship material.

Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless First Agro, its affiliates, officers, directors, employees, distributor and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Website; (ii) your actions or inactions or violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, proprietary, or privacy right. The indemnification obligation contained herein shall survive the Terms of Use and your use of the Website.

Miscellaneous

The laws of India shall apply and courts in Bengaluru shall have jurisdiction in respect of all the terms, conditions and disclaimers. However, the same shall be assigned by First Agro without restriction.

You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.

If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.

If you breach these Terms and Conditions and website ignores this, we shall be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.