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Terms and Conditions

GROWMAX BY SWIGGY Terms and Conditions

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Please read the following terms and conditions carefully before registering, accessing, browsing, downloading, using the website and/ or filling the membership form. By accessing, using the website, or by using the Services (defined below), you agree to be bound by these terms and conditions set forth below, Privacy Statement (clause 6) and other terms including any additional guidelines and future modifications. If at any time you do not agree to these terms and conditions or do not wish to be bound by these terms and conditions, you may not access or use the site and immediately terminate your use of the services by contacting GrowMax by Swiggy. 
 

1.     YOUR AGREEMENT TO THESE TERMS AND CONDITIONS FOR AVAILING SERVICE

  1. The Terms and Conditions (as may be amended from time to time, the “Agreement”) is a legal contract between you being, an individual customer, user, or beneficiary of this service of at least 18 years of age, and Swiggy Limited, having its registered office at No.55 Sy No.8-14, Ground Floor, I&J Block, Embassy Tech Village, Outer Ring Road, Devarbisanahalli, Bengaluru 560103.

  2. All services are rendered by Swiggy under the brand name “GrowMax by Swiggy”. Hence all the rights, benefits, liabilities & obligations under the following terms & conditions shall accrue to the benefit of Swiggy (together with its subsidiaries and other affiliates, “us”, “our”, “We” or “GrowMax by Swiggy”), all services are individually or collectively are referred as Service or Services as they case may be.

  3. Service can be used by you subject to your adherence with the terms and conditions set forth below including relevant policies. We reserve the right, at our sole discretion, to revise, add, or delete portions of these terms and conditions at any time without further notice. You shall re-visit the “Terms & Conditions” link from time to time to stay abreast of any changes that “GrowMax by Swiggy” may introduce.
     

2.     USE OF SITE AND MEMBERS COMMUNICATION CHANNEL

  1. You understand that except for information, products or services clearly indicated as being supplied by GrowMax by Swiggy we do not operate, control, or endorse any information, products or services on the internet in any way. You also understand that GrowMax by Swiggy cannot and does not guarantee or warrant that files available for downloading through the website  will be free of viruses, worms or other code that may be damaging. You are responsible for implementing procedures to satisfy your particular requirements and for accuracy of data input and output.

 

3.    PRIVACY STATEMENT

 

  1. This Privacy Statement describes the ways in which we, GrowMax by Swiggy, collect, hold and use information about our customers. By using the website and/ or filling the membership form, you consent to the collection and use of information as set forth in this privacy policy. You also acknowledge that Swiggy may periodically change, modify, add or remove or otherwise update this privacy policy at its discretion, without prior notification. However, we will always handle your Personal Information in accordance with the Privacy Policy that was in effect at the time of collection. It is our intention to post changes to our privacy policy so that you are fully informed concerning the types of information we are gathering, how we use it, and under what circumstances it may be disclosed. At such data collection points, further explanation may be provided, where appropriate, as to the purposes for which the data will be used.

  2. The term `Personal Data` as used in this Privacy Statement refers to information such as your name, birth date, e-mail address, mailing address, or telephone number that can be used to identify you. Generally, we will only process your Personal Data as described in this Privacy Policy. However, we reserve the right, to conduct additional processing to the extent permitted or required by law, or in support of any legal or criminal investigation.

  3. Most of our services do not require any form of registration, allowing you to visit our site without telling us who you are. However, to register as a member, we may require you to provide us with Personal Data. In these situations, if you choose to withhold any Personal Data requested by us, it may not be possible for you to get access to Services.

  4. We may collect and use Personal Data to provide you with products or services, to bill you for products and services you request, to market products and Services which we think may be of interest to you, or to communicate with you for other purposes which are evident from the circumstances or about which we inform you when we collect Personal Data from you.

  5. We will not sell, share, or otherwise distribute your Personal Data to third parties except as provided in this Privacy Policy. We may disclose your Personal Data to other members for the purpose of networking and affiliates worldwide that agree to treat it in accordance with this Privacy Policy. Personal Data may also be transferred to third parties who act for or on our behalf, for further processing in accordance with the purpose(s) for which the data were originally collected or may otherwise be lawfully processed, such as services delivery, evaluating the usefulness of this website, marketing, data management or technical support. These third parties have contracted with us to only use Personal Data for the agreed upon purpose, and not to sell your Personal Information to third parties, and not to disclose it to third parties except as may be required by law, as permitted by us or as stated in this Privacy Policy.

  6. We may disclose your Personal Data to third party service providers who to carry out our obligations entered into between you and us and to provide you with the relevant information and Services.

  7. Also, Personal Data may be disclosed to a third party if we are required to do so because of an applicable law, court order or governmental regulation, or if such disclosure is otherwise necessary in support of any criminal or other legal investigation or proceeding here or abroad.

  8. Whenever we process Personal Data, we take reasonable steps to ensure that your Personal Data is kept accurate and up-to date for the purposes for which it was collected. If you wish to contact us regarding our use of your Personal Data or object to the processing of your Personal Data, please email us at [.] . If you contact us, please let us know the mode where you provided the information, as well as the specific information you would like us to correct, update or delete plus a proper identification of you. Requests to delete personal data will be subject to any applicable legal and ethical reporting or document filing or retention obligations imposed on us.

  9. To ensure the security and confidentiality of Personal Data that we collect online, we use data networks protected, inter alia, by industry standard firewall and password protection. In the course of handling your Personal Data, we take measures reasonably designed to protect that information from loss, misuse, unauthorized access, disclosure, alteration or destruction as per applicable laws.

  10. If you have any queries or complaints about our compliance with this Privacy Policy, or if you would like to make any recommendations or comments to improve the quality of our Privacy Policy, please email us at support@growmax.live.

 

4. PROHIBITED CONDUCT

By visiting our website  you agree not to:

1)     Impersonate any person or entity, falsely claim or otherwise misrepresent an affiliation with any person or entity, or access the accounts of others without permission, forge another persons’ digital signature, misrepresent the source, identity, or content of information transmitted via the Services, perform any other similar fraudulent activity or otherwise with what we reasonably believe to be potentially fraudulent funds.

2)     Infringe our or any third party’s intellectual property rights, rights of publicity or privacy.

3)     Access the website  if you are under the age of eighteen (18) without a parental sponsor or in any event use the Services if you are under the age of thirteen (13) years old even with a parental sponsor and in accordance with applicable law.

4)     Post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person in any manner including without limitation the member communication channel.

6)     Post or transmit any message, data, image or program which is pornographic in nature.

7)     Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the website or any part thereof, except and only to the extent that such prohibition is expressly prohibited by applicable law notwithstanding this limitation.

8)     Use the website  in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the Services in an automated manner.

9)     Modify, adapt, translate or create derivative works based upon the website or any part thereof, except and only to the extent that such prohibition is expressly prohibited by applicable law notwithstanding this limitation.

10)  Intentionally interfere with or damage operation of the website  or any other member’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code or file with contaminating or destructive features.

11)  Use any robot, spider, other automatic device, or manual process to monitor or copy the website or Services without prior written permission.

12)  Interfere with or disrupt this website or networks connected to the website a.

13)  Take any action that imposes an unreasonably or disproportionately large load on our infrastructure/ network.

14)  Use any device, software or routine to bypass the website or interfere or attempt to interfere with the website.

15)  Sell the Services, information, or software associated with or derived from it.

16)  Use the facilities and capabilities of the website to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others.

17)  Breach this Agreement or any other agreement or policy as may be communicated from time to time.

18)  Provide false, inaccurate or misleading information.

19)  Use the website to collect or obtain personal information, including without limitation, financial information of other users.

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5. LIMITATION OF LIABILITY AND DAMAGES

  1. In no event will Swiggy or its contractors, agents, licensors, partners, suppliers be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever). In no event will Swiggy or any of its contractors, directors, employees, agents, third party partners, licensors or suppliers’ total liability to you for all damages, liabilities, losses, and causes of action arising out of or relating to (i) this Agreement, (ii) the Services, (iii) your use or inability to use the Services or the website (including any and all materials) or any references, or (iv) any other interactions with GrowMax by Swiggy, however caused and whether arising in contract, or including negligence, warranty or otherwise, exceed the amount paid by you.

  2. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such cases, Swiggy’s liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive termination of this Agreement.

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6. INDEMNIFICATION

You agree to indemnify, save, and hold Swiggy, its affiliates, contractors, employees, officers, directors, agents and its third party suppliers, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to your use or misuse of the Services, members communication channel and/ or of the website, any violation by you of this Agreement, or any breach of the representations, warranties, and covenants made by you herein. Swiggy reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Swiggy, including rights to settle, and you agree to cooperate with Swiggy’s defense and settlement of these claims. Swiggy will use reasonable efforts to notify you of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Agreement.


7. MODIFICATION OF THIS AGREEMENT

Swiggy reserves the right to change, modify, add, or remove portions of this Agreement (each, a “change”) at any time by posting notification to the website or otherwise communicating the notification to you. The changes will become effective, and shall be deemed accepted by you, 24 hours after the initial posting and shall apply immediately on a going-forward basis with respect to payment transactions initiated after the posting date. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services. For certain changes, Swiggy may be required under applicable law to give you advance notice, and GrowMax by Swiggy will comply with such requirements.


8. NOTICE

Swiggy may provide you with notices and communications by email, regular mail or postings on the website, members communication channel and/ or by any other reasonable means. Except as otherwise set forth herein, notice to Swiggy must be sent by courier or registered mail to support@growmax.live.


9. WAIVER

The failure of Swiggy to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Swiggy.

 
10. GOVERNING LAW AND DISPUTE RESOLUTION

Except as otherwise agreed by the parties, you agree that any claim or dispute you may have against Swiggy must be resolved by a court located in New Delhi, India. You agree to submit to the personal jurisdiction of the courts located within New Delhi, India for the purpose of litigating all such claims or disputes. This Agreement shall be governed by the laws of India, without giving effect to any principles of conflicts of law.


11. SEVERABILITY

If any provision of this Agreement is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.


12. INTELLECTUAL PROPERTY RIGHTS

We, or our licensors, own all right, title and interest, including, but not limited to all copyright, trademark, patent, trade secret or other proprietary rights (“IP Rights”), in and to the website, the platform, the usage data, member communication channel and/ or any content posted on any above mentioned medium. You shall not reproduce, distribute, transmit, modify, create derivative works, display, perform or otherwise use the website, WhatsApp channel, the platform or any of the IP Rights, or attempt to reverse engineer, decompile, disassemble, or derive the source code for the platform or use the member communication channel, or website to create a competing product.


13. DISCLAIMER

A.    YOU UNDERSTAND THAT THE USE OF THE SERVICES IS AT YOUR OWN RISK AND GROWMAX BY SWIGGY CANNOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE SERVICES, ALL CONTENT, AND ANY OTHER INFORMATION, PRODUCTS, AND MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICES, ARE PROVIDED TO YOU ON AS IS BASIS AND WITHOUT WARRANTY OF ANY KIND. WE MAKE NO WARRANTY, INDEMNITY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WEBSITE, MEMBER COMMUNICATION CHANNEL, THE PLATFORM/NETWORK, COMMUNICATION AND SERVICES OFFERED. WE EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE INCLUDING ANY DEFICIENCY OF SERVICES, NEGLIGENCE AND/ OR REFUSAL OF THIRD - PARTY SERVICE PROVIDERS TO PROVIDE SERVICES. We provide the website, the platform/network and any other technology and services on the website or member channel on an “as is”, “where is”, “with all fault’s basis. We do not warrant that the website, member communication channel and/ or the platform, any products and services shown or described on the website, or other technology and services will be uninterrupted, error-free, available or operational at any particular time, or that any known defects will be corrected.

B.    Information, Services, names, pictures, advertisements, images and contents are provided `as is` on the website or member channel. Swiggy expressly disclaims all and any kind of warranties, whether express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Parties using the information provided on this web site may do so after satisfying themselves that the same suits their individual requirements.

C.    The information, contents, names, images, etc. may be changed, updated, modified and/or improved from time to time without any notice.

 

14. GRIEVANCE POLICY

Swiggy strongly believes in a sincere and transparent approach to its customers. You trust and love us, and we would never put growth before trust. This policy document aims at minimizing instances of customer complaints, grievances and disappointments via a channelized approach, review and redressal. Complaints or concerns raised by users are dealt with an open mind, with courtesy and in a timely manner. If you have any queries relating to the processing or usage of information provided by you in connection with these Terms & Conditions, please email us at support@growmax.live or write to our grievance officer at the following address:

Address: No.55 Sy No.8-14, Ground Floor, I&J Block, Embassy Tech Village, Outer Ring Road Devarbisanahalli, Bengaluru 560103.

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