Terms of Service
Please carefully read the following terms and conditions as they govern your use of our services. By subscribing to or using any of our services, you agree to these Terms of Service (“Terms”). If you do not agree with these Terms, you must not subscribe to or use our services. These Terms, along with other policies, are in accordance with the Information Technology (Intermediaries guidelines) Rules, 2011, formulated under the Information Technology Act of 2000.
In this document, “you” and “User” refer to the individual accessing the Website and utilizing the Services offered. “Service Providers” refers to independent third-party providers, and “we,” “us,” and “our” refer to Kibbutz Group and its affiliates.
- Introduction
- a) The website kibbutzgroup.com (“Website”) is an online content and e-commerce platform operated by a company incorporated under the laws of India.
b) Your use of the Website is conditioned on your acceptance of these Terms without modification. Kibbutz Group reserves the right, at its sole discretion, to decline the registration of any User on the Website without providing any reason. - User Account, Password, and Security
Upon completing the registration process on the Website, you will receive a password and account designation. You are solely responsible for maintaining the confidentiality of your password and account and for all activities conducted under your account. You agree to (a) promptly notify Kibbutz Group of any unauthorized use of your account or any security breaches, and (b) ensure that you log out of your account at the end of each session. Kibbutz Group shall not be liable for any loss or damage arising from your failure to comply with this section.
- Services Offered
Kibbutz Group offers various Internet-based services through the Website (collectively referred to as the “Service”). These services include the purchase of products such as seeds and accessories from various supplier brands (collectively referred to as “Products”). Products can be purchased through multiple payment methods available on the Website. The sale and purchase of Products are subject to additional policies, including the cancellation policy and return policy, which are incorporated by reference. Product-specific conditions may also apply, as detailed on the Product’s webpage.
- Privacy Policy
By using our services, you confirm that you have read and fully understand the Kibbutz Group Privacy Policy. Your continued use of our services indicates your acceptance of the terms and conditions outlined in the Privacy Policy.
- Limited User Rights
You agree not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website. Limited reproduction and copying of the Website content is permitted provided that Kibbutz Group is credited as the source and prior written permission is obtained. Unauthorized reproduction or wholesale copying for commercial or non-commercial purposes and unwarranted modification of Website content are prohibited.
- User Conduct and Rules
You agree to use the Website and the Service only to post and upload appropriate content. By using the Service, you agree not to:
- Defame, abuse, harass, stalk, threaten, or violate the legal rights of others.
- Publish, post, upload, or distribute any content that is inappropriate, defamatory, obscene, or unlawful.
- Upload files that contain software or material protected by intellectual property laws unless you own or have rights to it.
- Upload or distribute files containing viruses or corrupted files that may damage the operation of the Website or another’s computer.
- Conduct surveys, contests, pyramid schemes, or chain letters.
- Download any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such a manner.
- Falsify or delete any author attributions, legal notices, or proprietary labels.
- Violate any code of conduct or guidelines applicable to a particular Service.
- Violate any applicable laws or regulations in force.
- Violate, exploit, or manipulate any terms and conditions of this Agreement or any other terms for the use of the Website.
- Communication
By registering your phone number with Kibbutz Group, you consent to receive communication from us via phone calls and/or SMS notifications for both transactional and promotional purposes.
- User Warranty and Representation
You warrant and represent that you are the rightful owner of the content you submit, or that you have been duly authorized to use such content. You affirm that the content does not infringe upon any intellectual property rights, proprietary rights, or other rights of third parties. Additionally, you confirm that, to your knowledge, there is no ongoing or threatened legal action, suit, or investigation concerning any content you have provided, including but not limited to trademarks, trade names, service marks, or copyrights previously or currently utilized in connection with the services provided by Kibbutz Group.
- Exactness Not Guaranteed
Kibbutz Group disclaims any guarantee of exactness regarding the final appearance or finish of the products ordered by you. The quality of products, services, information, or other materials obtained through the Website may not meet your expectations. Changes to certain aspects of your order, such as supplier brand or quantity, may be necessary due to availability issues or differences in brand-specific quantity charts. In such cases, Kibbutz Group will seek your approval via the email address provided when you placed your order. If you do not agree with the proposed changes, you may decline the modification by responding within 10 days of receiving the approval request.
- Intellectual Property Rights
- a) Unless otherwise stated or where proprietary materials are owned by a third party and expressly mentioned, Kibbutz Group retains all intellectual property rights associated with the Website. This includes, but is not limited to, copyrights, patents, trademarks, trade names, service marks, designs, trade secrets, inventions (whether patentable or not), goodwill, source code, databases, and all associated content such as text, graphics, icons, and hyperlinks. You agree not to use, reproduce, or distribute any content from the Website owned by Kibbutz Group without prior authorization.
- b) Notwithstanding the above, you will retain ownership of any content you provide or upload when using the services on the Website. This includes any text, data, information, images, photographs, music, sound, videos, or any other material you upload, transmit, or store. However, for content uploaded in connection with product customization services (as opposed to other services such as blogs or forums), you expressly grant Kibbutz Group a non-exclusive license to use, publicly display, and allow third-party users to reproduce or use your content.
- Links to Third-Party Sites
The Website may include links to other websites (“Linked Sites”). These Linked Sites are not under the control of Kibbutz Group, and we are not responsible for the content of any Linked Site, including any links within them or any updates or changes. Kibbutz Group is not liable for any transmission received from any Linked Site. We provide these links for your convenience only, and the inclusion of any link does not imply endorsement by Kibbutz Group or the Website of the Linked Site or any association with its operators. Users are encouraged to verify the accuracy of all information independently before relying on it.
- Disclaimer of Warranties/Limitation of Liability
- a) While Kibbutz Group strives to ensure that all information on the Website is accurate and up to date, it does not guarantee the quality, accuracy, or completeness of any content, data, product, or service. Kibbutz Group is not liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from:
- Your use or inability to use the services or products,
- Unauthorized access to or alteration of your data or transmissions,
- Any other matters related to the services, including but not limited to loss of use, data, or profits.
Kibbutz Group shall not be held responsible for delays or inability to use the Website or related services due to technical issues, maintenance, or reasons beyond its control. The user acknowledges that downloading any materials from the Website is done at their own risk, and they are solely responsible for any damage to their computer or loss of data.
- b) Product performance is dependent on usage as per manufacturer guidelines. Please read product leaflets carefully before use. Use of any product or information is at the user’s discretion.
- Indemnification
You agree to indemnify and hold harmless Kibbutz Group from and against all liabilities, claims, losses, damages, costs, and expenses (including legal fees and associated charges) that arise from any breach, non-performance, or violation of the representations, warranties, or obligations set forth in these Terms.
- Pricing
Product prices are listed on the Website and are incorporated into these Terms. All prices are in Indian Rupees and are subject to change at the sole discretion of Kibbutz Group. Changes to products or services may also be made without notice.
- Termination
- a) Kibbutz Group reserves the right to suspend or terminate your access to the Website or its services if it determines, in its sole discretion, that you have breached, violated, or manipulated any part of these Terms or acted unethically.
- b) Despite the above, these Terms will remain in effect indefinitely unless terminated by Kibbutz Group.
- c) In the event of termination, Kibbutz Group reserves the right to delete any content or materials related to your use of the services, and it will not be held liable to you or any third party for such actions.
- d) You are responsible for any services or products ordered up to the time of termination. You are also entitled to any royalty payments owed to you as per the User License Agreement.
- Governing Law
These Terms shall be governed by the laws of India. Any disputes arising in relation to these Terms shall be subject to the exclusive jurisdiction of the courts in India.
- Severability
If any part of these Terms is deemed invalid or unenforceable, such invalidity shall apply only to that specific provision. The rest of the Terms shall continue in full force and effect.
- Report Abuse
Users are responsible for any content they upload to the Website. This includes potential legal consequences if the content infringes upon intellectual property rights, contains defamatory statements, or violates other applicable laws. If you encounter any abuse or violations of these Terms, please report it to xyz@kibbutzgroup.com.