Please read the following terms and conditions very carefully. Your use of our service is subject to your acceptance of and compliance with the following terms and conditions.
TERMS used on the website and what they mean:
Buyer : Any person who orders goods from the website
Goods : The products offered for sale by the seller on this website
Seller : My Upavan Pvt Ltd.- selling live plants and gardening accessories and peripherals
Price : The price listed by the seller for each product that is on sale on this website. The list price is displayed on the website and may be changed from time to time.
User : Person using this website either to browse through or register as a member or order goods from this website.
We/Us : My Upavan Pvt Ltd.
1. General Terms and Conditions
www.myupavan.com is an online nursery selling live plants, gardening materials, and gifting articles related to plants. It is licensed by My Upavan Pvt Ltd.
Use of the website is offered to you conditional to your acceptance of the terms, conditions, and notices contained therein, as may be posted on the website from time to time. My Upavan reserves the right not to sell any product or accept a user from registering on the website without assigning any reason.
By subscribing to or using any of our services you agree that you have read, understood, and are bound by the terms. These Terms and various other policies are binding as per the provisions of the Information Technology (Intermediaries guidelines) Rules, 2011 formulated under the Information Technology Act of 2000. My Upavan reserves the right to change or revise the terms and conditions of this agreement at any time by posting any changes or a revised agreement on this website. My Upavan PVT. LTD. will alert you about the changes/revisions made by indicating the last revised date on the top of this agreement. The changed or revised agreement will be effective immediately after it is posted on this website. Your use of the website following the posting of any such changes or a revised Agreement will constitute your acceptance of any such changes or revisions.
2. User Account, Password, and Security:
You will receive a password and account information upon completing the website's registration process. You are responsible for maintaining the confidentiality of the password of this account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify My Upavan of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you Logout from your account at the end of each session. My Upavan cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2.
We will not be using your data for any monetary gains. It will be used only to inform you about our promotions, offers, and new products.
Your bank details are completely safe and will not be stored with us.
3. Services Offered:
My Upavan is an online nursery selling live plants and gardening accessories. The Products can be purchased through the website through various methods of payment offered. The sale/purchase of products shall be additionally governed by specific policies of sale, like return policy, shipping policy, and other such policies connected to the sale. In addition, these terms may be further supplemented by product-specific conditions, which may be displayed on the webpage of that product.
5. Limited User:
The User consents that he/she will not reverse engineer, modify, copy, distribute, transmit, display, download, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or concept obtained from the website. Reproduction, copying of the content for commercial or non-commercial purposes, and unwarranted modification of data and information within the content of the website are not permitted.
6. User Conduct and Rules:
The User hereby agrees and undertakes he/she will not:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information
- Upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consent
- Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the website or another's computer
- Violate any code of conduct or other guidelines, which may apply for or to any particular Service
- Violate any applicable laws or regulations for the time being in force in or outside India
- Violate, abuse, unethically manipulate or exploit any of the terms and conditions of this Agreement or any other terms and conditions for the use of the website contained elsewhere.
7. User Warranty and Representation:
The user guarantees, warrants, and certifies that you are the owner of the content which you submit or otherwise authorized to use the content and that the content does not infringe upon the property rights, intellectual property rights, or other rights of others. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the Services rendered by My Upavan.
We sell live plants which may change in colour, texture, dimensions, etc, with a change in temperatures, location, and plant care routines. Hence, they might differ in colour, texture, and dimension from the image shown on this website and /or social media platforms.
9. Intellectual Property Rights:
- Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, My Upavan owns all Intellectual Property Rights to and into the website, including, without limitation, all rights, title, and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the website belonging to My Upavan without obtaining authorization from My Upavan.
10. Disclaimer of Warranties/Limitation of Liability:
My Upavan has endeavored to ensure that all the information on the website is correct, but My Upavan neither warrants nor makes any representations regarding the quality, accuracy, or completeness of any data, information, product, or service. My Upavan shall not be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from:
- The use or the inability to use the Services or Products
- Any other matter relating to the services; including, without limitation, damages for loss of use, data, or profits, arising out of or in any way connected with the use or performance of the website or Service. Neither shall My Upavan be responsible for the delay or inability to use the website or related services, the provision of or failure to provide Services, or for any information, software, products, services, and related graphics obtained through the website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, My Upavan shall not be held responsible for the non-availability of the website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond My Upavan control.