DEFINITIONS

In these terms and conditions:

  1. “Company” means Uma Sankar Enterprises
  2. “App” by name “NURSERY BUDDY” means the mobile/web application platform, exclusively developed for Nursery Operations, owned and maintained by Company
  3. “Customer App” means mobile application by name “GARDEN” or web application provided to the users in absence of mobile application.
  4. “Client(s)” means the Nurseries who are Onboarded with Company to provide access to the App 
  5. functionalities.
  6. “Service(s)” mean the kinds of services provided by the Company, which are resold or redistributed by the Clients.
  7. “Product(s)” means the physical products sold by the Clients.
  8. “Customer(s)” means the user(s) accessing the Platform through “Customer App” to receive Services from Clients.
  9. “Terms” means the terms and conditions of App and Services provided Company mentioned herein

By accessing Company’s App, Client agrees to be bound by these Terms and Conditions, which constitute a legally binding agreement between Company and Client.

Clients may read these Terms carefully before accessing or using the App. By accessing or using the whole or any part of the App, the Client agrees to be bound by these Terms. If the Client does not agree to all the terms, then they may not access the App or use any services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

  1. Intellectual Property Rights
    All content and materials available on the App, including but not limited to trademarks, logos, service marks, and copyrights, are the property of the Company or its licensors and are protected by applicable intellectual property laws of India. Clients may not use, copy, reproduce, modify, create derivative works from, distribute, transmit, or display any content from the App without prior written consent from the Company.
  2. App Usage Terms
    Clients  agree to use the App in compliance with all applicable laws and regulations in India. Clients  are solely responsible for their conduct while using the App.
    1. Virus Protection
      Company strives to ensure that the App is free from viruses and other harmful components upon delivery. However, Company cannot guarantee that the App will be completely secure or free from bugs or viruses after delivery. Clients are responsible for configuring their mobile devices to access the App and for using their own virus protection software.
    2. Error Management
      While the Company makes every effort to ensure that the App functions properly, Company does not warrant that the App will be error-free or uninterrupted. If a Client  encounters any errors or issues during usage, it is advised to report them to the Company’s support team. Company will endeavour to address reported issues promptly, but is not liable for any errors or interruptions.
  3. User’s information
    Clients may upload data related to use of the device through App/Customer App. By submitting content, Client  grants Company a non-exclusive, transferable, sub-licensable, royalty-free, worldwide licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content in connection with the operation and promotion of the App/Customer App.
  4. Data Disclosure
    Company will not disclose any financial transactions or other sensitive information to any competitors, and also will not share or use sensitive information for any purpose other than enhancement of user experience. Client also agrees that the Company can disclose the information/data to the authorities of Governmental institutions for statutory obligation. 
  5. Provision of Service
    Company facilitates the Clients to provide Services to their Customers using the app and are subject to Client’s terms of service. Company doesn’t hold any rights on damages or any liability that arises during and after the provision of Service. Clients are responsible for the mutual terms with their Customers. The Clients are responsible for the payments received directly from their Customer and the Company does not hold any responsibility in the transactions or dispute arising out of it. 
  6. Subscription
    To receive the Services and access to the App from the Company, Clients are subscribed to the relevant plan. Features of the Subscription plans will differ from each plan. Any additional features, access, analytics and reports in the App may incur extra charges. To receive the continuous services and access to the App, Clients are required to have an active subscription. 
  7.  Loyalty Points
    Client loyalty points as cashbacks for Customers for the purchases in their Nursery. Client reserves the right to define and change the relative cashbacks and terms of redemption of the Loyalty points periodically. It is the responsibility of the Clients to make sure the points are correctly defined and redeemed during billing in their Nursery, and Company doesn’t hold any rights on the Loyalty points defined and distributed to the Customers by Client.
  8. Prohibited Conduct
    Clients are strictly prohibited from engaging in any activities that compromise the security, integrity, or functionality of the App/Customer App. Prohibited activities include, but are not limited to:
  1. Attempting to hack, disrupt, or disable the App/Customer App or any servers or networks connected to the App/Customer App.
  2. Using any automated system, including but not limited to “robots,” “spiders,” or “offline readers,” to access the App/Customer App in a manner that sends more request messages to the servers than a human can reasonably produce in the same period by using a conventional web browser.
  3. Introducing viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful.
  4. Attempting to gain unauthorised access to any portion or feature of the App, other accounts, or any systems or networks connected to the App, by hacking, password “mining,” or any other illegitimate means.
  5. Scanning or testing the vulnerability of the App/Customer App or any network connected to the App/Customer App, nor breaching the security or authentication measures on the App/Customer App or any network connected to the App/Customer App.
  6. Reverse engineering, decompiling, disassembling, or otherwise attempting to discover the source code of the App/Customer App.
  7. Impersonating any person or entity or otherwise misrepresenting their affiliation with a person or entity.
  1. Consequences of Violations
    Any violation of these terms may result in immediate termination of access to the App/Customer App and may subject you to civil and/or criminal liability. We reserve the right to investigate and prosecute any violations of these terms to the fullest extent of the law.
  2. Data Loss
    The App is primarily cloud-connected, with most data managed on Company’s secure servers rather than on Client ’s device. However, certain data may be stored locally on Client ’s device to enhance user experience. While the Company takes reasonable measures to protect the data provided through the App/Customer App, Company cannot guarantee that data loss will not occur. By using the App/Customer App, Client  acknowledges and agrees to the following:
  • Cloud-Based Storage: The majority of data associated with the App/Customer App is stored on Company’s secure cloud servers.
  • Local Data Storage: Some data may be stored locally on Client ’s devices to enhance user experience, such as caching for faster access or offline functionality. This local data is minimal and intended to optimise interaction with the App/Customer App.
  • Periodic Backups: Company performs periodic backups of cloud-stored data to help prevent data loss. However, these backups are not guaranteed to be complete or error-free, and there may be instances where data is not included in the backups.
  • No Liability for Data Loss: Company is not liable for any loss or corruption of data, whether stored on cloud servers or locally on Client ’s device, nor for any consequences that arise from such loss or corruption. This includes, but is not limited to, loss of data due to system errors, unauthorised access, or cyberattacks.
  • Reporting Data Loss: In the event you experience data loss, please contact the Company’s support team. Company makes reasonable efforts to assist in recovering the data, but do not guarantee the recovery of any lost data.
  1. Data Collection
    The details Client  provides through the App/Customer App will be used for data collection purposes. Company will use this data to improve the App’s features and functionalities, and to offer Clients more personalised experiences and services. Company may also share this data with third-party service providers / authorised service partners who assist us in operating the App and delivering services seamlessly. By using the App/Customer App, Client  consents to the collection, usage, and sharing of their data as described in this clause.
  2. Diagnostic and Error Reporting
    The App/Customer App may automatically collect information related to errors that occur while using the App/Customer App. This information will be used to diagnose and resolve issues with the App/Customer App and to improve the user experience. By using the App/Customer App, Client  consents to the collection of this information.
  3. Feedback
    Company welcomes feedback, comments, and suggestions for improvements to the App/Customer App (“Feedback”). Client  may provide Feedback to the Company through the App or by email. By submitting Feedback, Client  grant Company a non-exclusive, transferable, sub-licensable, royalty-free, worldwide licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Feedback in connection with the operation and promotion of the App/Customer App.
  4. Confidentiality
    Client  acknowledges that App/Customer App contains proprietary and confidential information of Company, and Client  may have access to such information in the course of their usage of App/Customer App. Client  agrees to keep such information confidential and not to disclose or use such information for any purpose other than as necessary for their use of App/Customer App.
  5. Indemnification
    Client  agrees to indemnify and hold Company, its affiliates, officers, agents, and employees harmless from any claims, damages, expenses, or liabilities, including reasonable attorneys’ fees, arising from their use of the App/Customer App, in case of Client ’s breach of these Terms, or violation of any applicable laws or regulations.
  6. Limitation of Liability
    In no event shall Company, its affiliates, officers, agents, or employees be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with their use of the App/Customer App, whether based on warranty, contract, tort, or any other legal theory, even if Company has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitation may not apply to Client .
  7. Governing Law
    These Terms shall be governed by and construed in accordance with the laws of India, without giving effect to any principles of conflicts of law. Client  agrees to submit to the exclusive jurisdiction of the court located in Tambaram, Chengalpattu, Tamil Nadu, India for any disputes arising out of or related to these Terms or their use of the App /Customer App.
  8. Third-Party Dependencies
    The App/Customer App may rely on third-party dependencies to provide certain features or functionality. These third-party dependencies may be subject to separate terms and conditions, which will be made available to Client  at the time of installation or first use. By using the App/Customer App, Client  agrees to comply with any additional terms and conditions imposed by these third-party dependencies. The Company shall not be liable for any damages or losses arising from Client  use of these third-party dependencies.
  9. Modifications to Terms of Service
    Any new features or tools which are added to the current App/Customer App shall also be subject to the Terms. Client can review the most current version of the Terms at any time on “terms of use”, under the “App Settings” section of App, s accept the same during login for the first time/ while using mobile App interface of Customer App, they can check for their terms in the “terms of use”, under the “Help & Support” section, or can check the updated terms sections located in the footer of Company’s website. Company reserves the right to update, change or replace any part of these Terms by posting updates and/or changes to App/Customer App. It is the Client’s responsibility to check this page periodically for changes. Client’s continued use of or access to the App/Customer App following the posting of any changes constitutes acceptance of those changes.
  10. Entire Agreement
    These Terms constitute the entire agreement between Client and Company regarding the use of the Product and Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. The failure of Company to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
  11. Force Majeure
    Company shall not be liable for any failure or delay in performing its obligations under these Terms of Use if such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labour, materials, or change in any local or special laws.
    In the event of a Force Majeure occurrence, the Company will make reasonable efforts to notify users of the nature and extent of the event and any impact on the services provided through the App/Customer App. Company will also make reasonable efforts to resume normal operations as soon as practicable.
  12. Contact Information
    If Client  has any questions, comments, or concerns regarding these Terms, they may contact Company at contact@harithakailash.com, and the Company will endeavour to respond to Client  inquiry within a reasonable time. Any notices or other communications required or permitted to be given under these Terms  shall be in writing and delivered by email, personal delivery, or certified or registered mail, return receipt requested, to the address specified in this clause or to such other address as either party may specify in writing.