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 a legally binding agreement between a Seller (as defined below) or a Buyer (as defined below), as the case may be (acting by itself or through its representatives) (collectively referred to as “you”, “your”, “User” hereinafter) who access or use or transact on the Agri/Freight Markets and avail Service for a commercial purpose only and the Logfresh IndiaPrivate Limited (referred to as “we”, “our” or “Logfresh or लो जी फ्रेश or LoGfretIndia ” hereinafter). You acknowledge and agree that the Agri/Freight Markets is a business to business (B2B) Agri/Freight Markets and provides services to business entities, Farmers, Consignors & Fleet/Transport Operators/Truck Operators only.
Additional terms and conditions may apply to You in respect of availing specific services and/or to specific portions or features of the Agri/Freight Markets, including but not limited to, Services, any other additional services as may be offered by us from time to time, offers, schemes, promotions or other similar features, all of which terms are to be read as part of these Terms. You agree to abide by such other terms and conditions, including, where applicable, representing that You have the legal capacity to use or participate in such service or feature. If there is a conflict between these Terms and the terms posted for or applicable to a specific portion of the Agri/Freight Markets or for any specific service offered on or through the Agri/Freight Markets, the latter terms shall control with respect to your use of that portion of the Agri/Freight Markets or the specific service.
For the ease of reference,
General Terms applicable to all users on the Agri/Freight Markets;
GT1. APPLICATION AND ACCEPTANCE OF THE TERMS
GT2: PROVISION OF SERVICES
You must register on the Agri/Freight Markets in order to access and use the Services. Further, Logfresh India Private Limited reserves the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) subject to other conditions that Logfresh India Private Limited may impose in its discretion.
In case you avail services while accessing the Agri/Freight Markets, that may be supported and/or provided by third party service provider(s), for all such services your contracting entity will be such third party service provider(s), as the case may be. Logfresh India Private Limited disclaims all liability for any claims that may arise pursuant to your use of services provided by such third party service provider(s).
User agrees and confirms that any Services provided to you by Logfresh India Private Limited are on best efforts basis and Logfresh India Private Limited may engage services of third party service provider(s) to facilitate such Services to you. We shall not in any manner be liable to you for failure or delay in providing the Services or for any temporary disablement, permanent discontinuance of the Services by us or for any consequences resulting from such actions or reasons that are beyond our reasonable control.
User acknowledges that the Services are being provided to you on a ‘as is’ and ‘as available’ basis and may be interrupted while browsing, transacting, using or uploading information on the Agri/Freight Markets. User agrees that we reserve the right to suspend the Services, forthwith without assigning any reason whatsoever, at our sole discretion.
Logfresh India Private Limited may at any time with or without notice, withdraw, terminate, and/or suspend any or part of the Services without cause or in case of any breach of the Terms by the User. In addition, termination of any or part of any Services shall not impact provision of other services or other business arrangements or agreements which the User may have entered into with Logfresh India Private Limited.
The Agri/Freight Markets is available for use and access to Users who can form legally binding contracts under Indian Contract Act, 1872. (To be read with amendment’s as notified) For the purposes of these Terms, the term ‘persons’ shall mean any sole proprietor, firm, company, corporation, government, state or agency of a state or any association, trust, joint venture, consortium or partnership (whether or not having separate legal personality) or any other body corporate duly incorporated under the laws of India.
User must not use the Agri/Freight Markets and its Services for their personal use and the Agri/Freight Markets shall be used by the User only for their business purposes.
GT4: USER ACCOUNTS AND VERIFICATION OF ACCOUNT
User must be registered on the Agri/Freight Markets to access or avail the Services for its commercial purposes. You agree and acknowledge that you will transact on the Agri/Freight Markets only for your business purposes and not for personal use. Except with Logfresh India Private Limited’s approval, one User may only register one account on the Agri/Freight Markets. Logfresh India Private Limited may cancel or terminate a User’s account if Logfresh India Private Limited has reasons to suspect that the User has concurrently registered or controlled two or more accounts. Further, Logfresh India Private Limited may reject User’s application, without assigning any reasons thereof, for registration for any other reason.
A set of user ID and OTP (One Time Password) / password is unique to a single account. Any action triggered on your user account on the Agri/Freight Markets or by using the unique OTP will be deemed to have been authorized by you and with your express consent. You shall be solely responsible for maintaining the confidentiality and security of your user ID and password and for all activities that occur under your account. You agree that all activities that occur under your account (including without limitation, posting any company or product information, clicking to accept any terms & conditions or rules, subscribing to or making any payment for any Services, sending emails using the Agri/Freight Markets or other communications) will be deemed to have been authorized by you.
When you access the Agri/Freight Markets you are electronically communicating with Logfresh India Private Limited. Logfresh India Private Limited may communicate with you by e-mail, SMS, WhatsApp messages or messages through other modes of communication, phone call or by posting notices on the Agri/Freight Markets or by sending in-app notifications or any other mode of communication. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages) in the above manner, from Logfresh India Private Limited with respect to your use of the Agri/Freight Markets and it shall be deemed by your continued use of the Agri/Freight Markets that you agree and consent to receive any communications from Logfresh India Private Limited.
GT5: USERS GENERALLY
You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, directories, files, databases or listings, etc. available on or through Logfresh India Private Limited Agri/Freight Markets (the “Market Content”), and (b) you will not copy, reproduce, download, compile or otherwise use any Market Content for the purposes of operating a business that competes with Logfresh India Private Limited, or otherwise commercially exploiting the Market Content or systematic retrieval of Market Content from the “Logfresh India Private Limited Agri/Freight Markets” to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, hackers, crawler, automatic devices or manual processes).
Logfresh India Private Limited may allow Users access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise), API or otherwise to such third parties’ web sites after entering in a legal contract with the third party intending to promote their product or services on the Agri/Freight markets. You are cautioned to read such third parties terms and conditions and/or privacy policies before using the Agri/Freight Markets with respect to such content, products or services that you may avail. You acknowledge that While Logfresh India Private Limited has taken enough care to ascertain credibility of the 3rd party but has no control over such third parties’ web sites and shall not be responsible or liable to anyone for such web sites, or any content, products or services made available on such web sites.
You agree not to undertake any action which may undermine the integrity of Logfresh India Private Limited’s feedback system.
You agree that the Services shall be availed by you only for commercial purposes that is for sale or purchase of products for further distribution or sale. You further agree that you will not use the Agri/Freight Markets or any of its Services thereof for your personal use or consumption.
By posting or displaying any information, content or material (“User Content”) on the Agri/Freight Markets or providing any User Content to Logfresh India Private Limited or our representative(s), you grant perpetual, worldwide, royalty-free, and sub-licensable license to Logfresh India Private Limited to display, transmit, distribute, reproduce, publish, translate, and otherwise use any or all of the User Content in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to the operation of the Agri/Freight Markets, the provision of any Services and/or the business of the User. You confirm and warrant to Logfresh India Private Limited that you have all the rights, power and authority necessary to grant the above license.
User agrees, undertakes, and confirms that User’s use of Agri/Freight Markets shall be strictly governed by the following binding principles:
User shall not host, display, upload, modify, publish, transmit, update or share any information which:
belongs to another person and to which User does not have any right to;
is misleading in any way:
Price under quoting or over quoting to spoil the reverse auctions or forward auctions.
Contains objectionable, photographs, or images which are not of your produce, Lorry, Processed food.
Infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
Violates any law for the time being in force;
Deceives or misleads the addressee/ users about the origin of Produce or Delivery address.
Impersonate another person;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancel-bots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
shall not be false, inaccurate or misleading;
shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
shall not create liability for Logfresh India Private Limited or cause Logfresh India Private Limited to lose (in whole or in part) the Services of our internet service provider (“ISPs”) or other suppliers.
You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Agri/Freight Markets or any content on the Agri/Freight Markets, or in any way reproduce or circumvent the navigational structure or presentation of the Agri/Freight Markets or any content on the Agri/Freight Markets, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Agri/Freight Markets. Logfresh India Private Limited reserves its right to bar any such activity.
User shall not attempt to gain unauthorized access to any portion or feature of the Agri/Freight Markets, or any other systems or networks connected to the Agri/Freight Markets or to any server, computer, network, or to any of the Services offered on or through the Agri/Freight Markets, by hacking, password “mining” or any other illegitimate means.
Unless expressly permitted, User shall not probe, scan or test the vulnerability of the Agri/Freight Markets or any network connected to the Agri/Freight Markets nor breach the security or authentication measures on the Agri/Freight Markets or any network connected to the Agri/Freight Markets. User shall not reverse look-up, trace or seek to trace any information on any other User of or visitor to Agri/Freight Markets, or any other User, including any account on the Agri/Freight Markets not owned by User, to its source, or exploit the Agri/Freight Markets or any service or information made available or offered by or through the Agri/Freight Markets, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than User’s own information, as provided for by the Agri/Freight Markets.
Each User agrees to indemnify Logfresh India Private Limited, its affiliates, directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from or in connection with: (i) your submission, posting or display of any User Content; (ii) from your use of the Agri/Freight Markets or Services; (iii) from your breach of the Terms or breach of any applicable laws, including tax laws; (iv) any service availed by you from a third party service provider using any dispute inter-se Users; and/or (vi) your negligence or willful misconduct.
GT6: BREACHES AND SUSPENSION
If any User breaches any Terms, or if Logfresh India Private Limited has reasonable grounds to believe that a User is in breach of any Terms, or could subject Logfresh India Private Limited or its affiliates to liability, or is otherwise found inappropriate or unlawful in Logfresh India Private Limited’s opinion, Logfresh India Private Limited shall have the right to take such disciplinary actions as it deems appropriate, including without limitation:
Suspending or terminating the User’s account and any and all accounts determined to be related to such account by Logfresh India Private Limited in its discretion;
Blocking, restricting, downgrading, suspending or terminating the subscription of, access to, or current or future use of any Service;
Removing any product listings or other User Content that the User has submitted, posted or displayed;
Withhold settlement of payments by Logfresh India Private Limited to the User;
Any other corrective actions, discipline or penalties as Logfresh India Private Limited may deem necessary or appropriate in its sole discretion.
Notwithstanding anything contained herein these Terms, Logfresh India Private Limited may with or without notice and in its sole discretion be entitled to suspend, de-activate, or de-list any product listings or User’s account for any reasons, including without limitation, economic constraints, operational difficulties, financial implications, usage behavior of the User on the Agri/Freight Markets etc.
In the event a User becomes inactive or if no transaction is noticed by Logfresh India Private Limited, in such a case Logfresh India Private Limited reserves its right to delist, deactivate or suspend a User’s account in its sole discretion, with or without giving any notice to the User.
Logfresh India Private Limited reserves the right to cooperate fully with governmental authorities, private investigators, injured third parties in the investigation of any suspected criminal or civil wrongdoing and/or any third parties alleging a claim against you. Further, Logfresh India Private Limited may disclose the User’s identity and contact information, if requested by any third party, government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action.
If it comes to the knowledge of Logfresh India Private Limited or Logfresh India Private Limited reasonably believes that any User has availed any Services to obtain any product/service for its personal use or consumption or for any purpose other than a commercial purpose, Logfresh India Private Limited shall have the right in its sole discretion, without intimation to the User, to take action such as but not limited to suspending or terminating the User’s account and any and all accounts determined to be relation to such account.
GT7: TRANSACTIONS BETWEEN BUYER AND SELLER
When a product is listed for sale on the Agri/Freight Markets by a Seller, products sold to Buyer by the Seller will be governed by the bipartite contractual arrangement entered into directly between the Buyer and the Seller. Buyer agrees that Logfresh India Private Limited cannot and does not confirm each Seller’s purported identity. Logfresh India Private Limited encourages Buyers/ Purchaser to exercise discretion and caution while dealing with various Sellers.
User further acknowledges and undertakes that it shall use the Agri/Freight Markets or Services only for its lawful business purposes. Buyer agrees to purchase the products from the Seller for further resale or commercial purpose and shall not use the products purchased for your personal use or consumption.
For any Services, Logfresh India Private Limited does not represent either the Seller or the Buyer in specific transactions. Logfresh India Private Limited does not control and is not liable to or responsible for the quality, safety, suitability of products, lawfulness or availability of the products or services offered for sale on the Agri/Freight Markets, or the ability of the Seller to complete a sale or the ability of Buyers/ Purchaser to complete a purchase. Logfresh India Private Limited does not implicitly or explicitly support or endorse the sale or purchase of any products on the Agri/Freight Markets. At no time shall any right, title or interest in the products sold through or displayed on the Agri/Freight Markets vest with Logfresh India Private Limited nor shall Logfresh India Private Limited have any obligations or liabilities in respect of any transactions on the Agri/Freight Markets.
Each User acknowledges that it is fully assuming the risks of conducting any purchase and sale transactions (hereinafter referred to as “Transaction Risk”) in connection with using the Agri/Freight Markets or Services, and that it is fully assuming the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using the Agri/Freight Markets. User acknowledges and undertakes that it is transacting on the Agri/Freight Markets at its own risk and is using its best and prudent judgment before entering into any transactions through the Agri/Freight Markets.
Logfresh India Private Limited shall neither be liable nor responsible for any actions or inactions of the User nor any breach of conditions, representations or warranties of the products and hereby expressly disclaims any and all responsibility and liability in that regard. Logfresh India Private Limited shall not mediate or resolve any dispute or disagreement between Buyer and the Seller of the products or any third party that is rendering services to you.
In the event that any User has a dispute with any party to a transaction such User agrees to release and indemnify Logfresh India Private Limited (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction. This clause shall also apply to any services opted for by the User by accessing any link from Logfresh India Private Limited site to avail of any independent services related to the transaction of buy-sell conducted on the Agri/Freight Markets from any third party.
We do not make any representations pertaining to the information, content, products included on or delivery of the products or otherwise made available to User and User acknowledges that we are only acting as an intermediary between the Buyer and the Seller. User hereby further agrees, acknowledges and confirms that we are not responsible in any way for the products purchased by the Buyer from the Seller and it is explicitly agreed by the User that we will not in any way, under any circumstances whatsoever, be responsible or held liable for products purchased by Buyer from the Seller and/or in relation to any issue and/or dispute thereof. User hereby further agrees, acknowledges and confirms that under the aforesaid circumstances Buyer’s only recourse will be against the Seller and we will not be made a party to any such issue and/or dispute between the Seller and the Buyer.
The User(s) shall be solely responsible for obtaining all necessary third party licenses and permissions (if any required under applicable law) regarding the right and authority (if required under applicable laws) to re-sell, trade, re-distribute or export or offer to sell, trade the products or services and such sale, trade, distribution or export or offer does not violate any applicable laws.
GT8: LIMITATION OF LIABILITY AND INDEMNITY
To the maximum extent permitted by law, the Services provided by Logfresh India Private Limited on or through the Agri/Freight Markets are provided “as is”, “as available” and “with all faults” , and Logfresh India Private Limited hereby expressly disclaims any and all warranties, express or implied, including but not limited to, any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. All such warranties, representations, conditions, and undertakings are hereby excluded.
To the maximum extent permitted by law, Logfresh India Private Limited makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability, completeness or accurateness of any information provided on or through the Agri/Freight Markets; Logfresh India Private Limited does not represent or warrant that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Agri/Freight Markets does not violate any third party rights; and Logfresh India Private Limited makes no representations or warranties of any kind concerning any product or service offered or displayed on the Agri/Freight Markets. Except as provided herein, to the fullest extent permissible by applicable law, the aggregate liability of Logfresh India Private Limited for any claims that may arise in connection with these terms shall not exceed an amount of INR 1000/-.
Under no circumstances will Logfresh India Private Limited be liable for any consequential, incidental, special, exemplary or punitive damages, including but not limited to any lost profits that result from your purchase of any products on Agri/Freight Markets or any services availed, even if Logfresh India Private Limited has been advised of the possibility of such damages.
GT9: FORCE MAJEURE
Under no circumstances shall Logfresh India Private Limited be held liable for any losses, delay or failure or disruption of the content or services delivered through the Agri/Freight Markets resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, epidemics, pandemics, curfews, lock-down, orders of domestic or foreign courts or tribunals or non-performance of third parties.
GT10: INTELLECTUAL PROPERTY RIGHTS
Logfresh India Private Limited is the sole owner or lawful licensee of all the rights and interests in the Agri/Freight Markets and the Agri/Freight Markets Content. All title, ownership and intellectual property rights in the Agri/Freight Markets and Agri/Freight Markets Content shall remain with Logfresh India Private Limited or licensors of the Agri/Freight Markets Content, as the case may be. All rights not otherwise claimed under the Terms or by Logfresh India Private Limited are hereby reserved.
“Logfresh India Private Limited” and any other related icons and logos are trademarks or trademarks or service marks of Logfresh IndiaPrivate Limited, in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
Logfresh India Private Limited may, at its sole discretion, permit the User(s) of the Agri/Freight Markets, in writing, to use “Logfresh India Private Limited” and any other related icons and logos for indicative purposes in the form and manner and terms and conditions as maybe agreed by Logfresh India Private Limited.
All legal notices or demands to or upon Logfresh India Private Limited shall be made in writing and sent to Logfresh India Private Limited personally, by courier, certified mail, or facsimile to the following entity and address: Logfresh IndiaPrivate Limited, S.No 55/1,56/1, 57/2/3/4 Akshar Land – A/A1-203 Nr Indira College, Tathewade, Chinchwad, Pune, Maharashtra 411033. The notices shall be effective when they are received by Logfresh India Private Limited in any of the above-mentioned manner.
All legal notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to Logfresh India Private Limited, or SMS, WhatsApp messages, or in-app notifications, or by posting such notice or demand on an area of the Agri/Freight Markets that is publicly accessible without a charge or through such other mode of communication as Logfresh India Private Limited may deem fit in its discretion. Notice to a User shall be deemed to be received by such User if and when, a) Logfresh India Private Limited is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or b) immediately upon Logfresh India Private Limited posting such notice on an area of the Agri/Freight Markets that is accessible by the User or publicly accessible without charge.
GT12: MISCELLANEOUS PROVISIONS
Unless otherwise communicated to you by Logfresh India Private Limited, the Terms (including its sections as may be applicable to the Seller or Buyer) constitute the entire agreement between User and Logfresh India Private Limited and govern the User’s use of the Agri/Freight Markets and any of the Services. The Terms shall supersede any prior written or oral agreements that you may have had in relation to the use of the Agri/Freight Markets and any of the Services.
Unless stated otherwise, we will be your one stop solution for all the services (except credit) on the Agri/Freight Markets with effect from 00:00 hours on 27th day of the Month January Year 2021 (“Cut-Off Date”), and any new transactions on the Agri/Freight Markets shall be governed by these Terms.
- Logfresh Agri Market Process Flow & Terms of Trade
- LoGfret Freight Agri/Freight Market Process Flow & Terms of Trade
Logfresh India Private Limited and User are independent contractors, and no agency, partnership, joint venture, employee-employer relationship is intended or created by the Terms. The relationship between you and us is one of independent contractors, and nothing contained in these Terms will be construed to (a) give either party the power to direct and control the day-to-day activities of the other, (b) constitute the parties as partners, joint ventures, co-owners or otherwise as participants in a joint or common undertaking, or (c) allow you to create or assume any obligation on our behalf for any purpose whatsoever.
If any provision of the Terms is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced.
Logfresh India Private Limited’s failure to enforce any right or failure to act with respect to any breach by User under the Terms will not constitute a waiver of that right nor a waiver of Logfresh India Private Limited’s right to act with respect to subsequent or similar breaches.
Logfresh India Private Limited shall have the right to assign the Terms (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms to any person or entity (including any affiliates of Logfresh India Private Limited). User may not assign, in whole or part, the Terms to any third party or person.
The Terms shall be governed by the laws of India and the parties to the Terms agree to submit to the exclusive jurisdiction of the courts of Pune, Maharashtra. India.
GT13: GRIEVANCE OFFICER
In accordance with applicable laws, you may contact the Grievance Officer for any issues or concerns, the same shall be notified from the day the Agri/Freight markets go live with details of Grievances officers for specific Market. Currently for any complaints you can write to