Terms and Conditions

By continuing to use this website and/or application (“the Platform”), you agree to be bound by the terms and conditions (“Terms”) set out below. Please read the Terms carefully. If you do not agree to the Terms in their entirety, please do not use or access the Platform. The Company through this Platform provides various technology services to its users and Associate Companies.

1. Definitions

“Associate Companies” shall mean Kamala Technologies Private Limited.

“Company” shall mean Kamala Enterprises

“Intellectual Property Rights” shall mean and include, without limitation, any patents, all current and future copyrights, trademarks, trade secrets, know-how, service marks, database right, inventions, patents, topographies, trade and business names, domain names, marks and devices (whether or not registered), design right, moral right or any other property rights (in each case, whether registered or not and including applications for registration, if any) that grant similar rights as the foregoing, anywhere in the world.

“Services” shall mean the services provided by the Company and shall also include the services provided to the User by the Associate Companies or third parties on the Platform;

“User” or “you” shall mean any person, who accesses, uses, installs, or views the Platform (even if you do not avail the Services provided);

“User Data” shall mean any personal and/or sensitive data, information, user transaction data and personal information such as your name, address, telephone number, gender, e-mail address, location and other details.

2. Services

i. The Company operates the Platform to enable the User to avail the Services. The User acknowledges that not all the Services on the Platform are provided by the Company and services may be provided by the Associate Companies or other third parties. The User shall, before availing such Services, read the terms and conditions and privacy policy of such Associate Company and/or third parties also (as applicable). The Company shall not be liable for any Service that is availed by the User from such Associate Company or third party.

ii. While you access the services, the Company will act on your express instructions, and any transactions carried out on your behalf shall be subject to your sole consent, discretion and responsibility;

iii. In order to offer the Services to you, you may be required to create a user profile on the Platform and provide personal information, including but not limited to name, email address, gender, date of birth, contact information and other information including User Data. You acknowledge that providing such information is necessary for the use of the Services and agree that such information shall be accurate and complete, failing which the Company may cancel or refuse any part of the Services offered to you. You hereby grant your express authorisation to the Company to access, collect, store, and use such data for providing the Services;

iv. The Company is required to collect User Data, in accordance with the Company’s Privacy Policy available for viewing here;

v. You hereby acknowledge, agree and grant your express authorization to the company and Associate companies that the information shared by you on the platform or received by the Company and Associate companies from various intermediaries and third parties may be shared within the Company, Associate Companies and other third parties.

vi. You hereby acknowledge, agree and grant your express authorization to the company and associate companies to receive your personal and other data from different third parties and intermediaries to provide services on the platform.

vii. You declare that you have read, understood and agree to the disclosures made here

viii. You agree that the records maintained by the Company in respect of the transactions effected using our Services shall be sufficient proof of such transactions;

ix. The Company/Associate company shall not be liable or responsible for any actual or threatened losses, damages, expenses, disputes or otherwise any claims made in respect of the use or misuse of the Services by you, and the Company/Associate company shall be entitled to cancel or refuse to offer the Services to you without any notice or obligation to provide reasons;

x. The efficiency and confidentiality of the information provided by you shall always be subject to the software and hardware used by you, including the capability of your electronic device, internet connection, and such other specifications or features that may be relevant for or ancillary to accessing the Platform and availing the Services;

xi. By accessing the Services through the Platform, you represent that (a) you are competent to contract with the Company and (b) you consent to these Terms;

xii. The availability of the Platform and the Services will be subject to any fixes or updates that the Company or the Associate Companies may find necessary to make, and you acknowledge that the Company or the Associate Companies shall not be liable in any manner whatsoever towards any damages, losses or other claims which may be threatened or incurred as a result;

xiii. The Company may amend these Terms, the Privacy Policy or such other terms as it deems necessary from time to time, and you acknowledge and understand that your continued access to the Platform and use of the Services shall be subject to such terms as may be made applicable from time to time. You should periodically review these Terms and Privacy Policy for any latest amendments. Once posted, those changes are effective immediately unless stated otherwise. Continued access or use of the Services constitutes your acceptance of the changes and the amended Terms and Privacy Policy. However, if you do not agree with the changes, please do not continue to use the Services or submit Information to us.

3. Services offered by the Associate Companies on the Platform

  i. Kamala Technologies Private Limited (“KTPL“)

   a. KTPL is a Software company that provides software services

For any grievances related to the Services provided on the platform, kindly reach out to the grievance officer, Mr. Praveen Kumar using praveen@ecogrowthfertilizers.com

4. Content in the Services 

You understand that all information, reports, images, data, text, logos, photographs, videos, audio clips, animations, written posts, articles, comments, software, scripts, graphics, themes, maps code, language and interactive features generated (“Content”), which has been provided to you on the Platform, are the sole responsibility of the Associate Company or third party who has provided such Content. We shall not be held responsible for any Content which you may find offensive or objectionable on any Associate Company or third-party website.

You acknowledge that neither do we endorse the accuracy of the advertisements and promotional material presented to you on our Platform or as part of the Services by any third-party advertisers nor do we own the intellectual property rights in respect of such material.

5. Restrictions

Access to the Platform and use of the Services shall always be subject to the following restrictions, failing which the Company may take any action it deems necessary at its sole discretion:

i. You agree not to attempt to reverse-engineer, disseminate, copy, exploit, or represent yourself as an agent or reseller of the Platform and the Services, or any part thereof;

ii. You agree not to misrepresent yourself as or impersonate any other person, or otherwise cause harm to any person;

iii. You agree not to upload or transmit any vulgar, obscene, abusive, defamatory, libellous, invasive, or unlawful content, including content which is objectionable or results in a breach of privacy of any other person;

iv. You agree not to use or abuse the Platform for or in relation to any illegal or unlawful purposes including fraud, embezzlement, money laundering, etc.;

v. You agree not to carry out or facilitate any actions which result in a detrimental effect on the Platform or the Services, including DDoS attacks, data security breaches, or otherwise any disruption to the servers, hardware, or network of any other person or the Platform or the Services;

vi. You agree that you are granted a non-exclusive license for the purpose of enabling you to use and access our Platform and Services. Except with our prior written consent, you may not assign (or grant a sub-license of) your rights to use the Service or otherwise transfer any part of your rights to use the Service.

vii. You agree not to violate any applicable laws, whether or not intended by you;

viii. You represent and warrant that you possess the legal right and ability to enter into these Terms and to use the Platform and the Services in accordance with these Terms.

ix. You agree not to upload or transmit any vulgar, obscene, abusive, defamatory, libellous, pornographic, pedophilic, invasive of another’s privacy including bodily privacy, or unlawful content, including content which is harmful to children, objectionable or results in a breach of privacy of any other person, content which is insulting or harassing on the basis of gender, libelous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force in India;

x. You agree not to carry out or facilitate any actions which result in a detrimental effect on the Website or the Services or any related computer resource, including DDoS attacks, data security breaches, or otherwise any disruption to the servers, hardware, or network of any other person or the Website or the Services;

xi. You agree that you shall have no right to the intellectual property and any proprietary information made available or accessible through the Website or the Services;

xii. You agree not to violate any applicable laws, whether or not intended by you;

xiii. You represent and warrant that you possess the legal right and ability to enter into these terms and to use the Website and the Services in accordance with these terms;

6. User Obligations 

7. Intellectual Property Rights

You acknowledge and agree that the Company, Associate Companies or their respective licensors, own all legal rights, title and interest in and to the Services, including any Intellectual Property Rights which subsist in the Services.

Unless you receive our express authorization in writing, you agree that in using the Services or accessing our Platform, you shall not use any trademark, service mark, trade name, the logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

You further acknowledge that our Services may contain information that is designated as confidential by us and that you shall not disclose such information without our prior written consent.

8. Exclusion of Warranties

i. The Company does not provide any warranty, express or implied, for the accuracy or completeness of the Platform or the Services, and expressly disclaims any liability for any errors or omissions;

ii. The use of the Platform and the Services is at your own risk and consequence. In no event shall the Company be held liable for any damages or claims whatsoever in connection with any inaccuracy, error, failure, omission, delay or otherwise;

iii. Nothing in these Terms shall exclude or limit your warranty or liability for losses unless they are excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.

iv. We further do not represent or warrant to you that:

   a. Your use of our Platform and Services will meet your requirements;

   b. Your use of the Platform and Services will be uninterrupted, timely, secure or free from error, including specifically from server downtime;

   c. Any information obtained by you as a result of your use of the Platform and Services will be accurate or reliable.

v. You agree that any material downloaded or otherwise obtained through the use of the Services and Platform is done at your own discretion and risk and we shall not be liable for any damage to your computer system or other device or loss of data that results from the download of any such material.

vi. No advice or information, whether oral or written, obtained by you from us or from the use of Services shall create any warranty not expressly stated in these Terms.

vii. We further expressly disclaim all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.

9. Miscellaneous

i. In order to provide the Services and access to the Platform, the Company may be required to create a user profile that may be linked to third-party platforms or Associate Company’s platforms as may be necessary or requested by you subject to verification. The registration of the user profile shall require the Company to retain certain User Data for providing a safe and efficient user experience;

ii. The Company, the Associate Companies and their respective affiliates, subsidiaries, directors, employees, promoters and agents shall not be liable for:

    a. any direct, indirect, incidental, special, consequential or exemplary loss or damage suffered by the User, however, caused and shall include any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or Services, or other intangible loss, arising out of the use of, or inability to use or access of our Platform or Service or any security breach or any virus, bug, unauthorised intervention, technical malfunctioning or defect, whether or not forceable and whether or not we have been advised of the possibility of such damage.

   b. Any loss or damage incurred by you owing to any temporary disablement or permanent discontinuance of our Platform or Services and any deletion, corruption or failure to store any content or other communications maintained by your use of our Services; and

   c. which may be incurred by you, including but not limited to loss or damage as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertisement appears on the Services.

iii. You agree to indemnify and keep the Company, Associate Company, their respective affiliates and licensors indemnified against all costs, expenses, damages, losses and liabilities incurred or suffered by such party related to any User Content posted or transmitted by User during the use of the Platform or Service or any unauthorised use of the Platform or Service in contravention of this Terms.

iv. The Privacy Policy and the Associate Company Terms shall be read to form a part of these Terms;

v. These Terms shall be governed by and under the laws of India and shall be subject to the exclusive jurisdiction of Telangana. Any failure or delay by the Company to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any part of the Terms is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect. You agree that regardless of any statutory period of limitation, any claim shall be filed within one (1) year after the relevant cause of action arose;

vi. The Company shall be absolutely entitled to terminate your use of the Platform and the Services in the event of any breach of these Terms by you, or otherwise, any event which gives rise to any reason for the Company to discontinue the offering of the Platform or Services to you, without any notice or obligations whatsoever;

10. Hyperlinking to our content

The following organizations may link to our Website without prior written approval:

• Government agencies;
• Search engines;
• News organizations;
• Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
• System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

We may consider and approve other link requests from the following types of organizations:

• commonly-known consumer and/or business information sources;
• dot.com community sites;
• associations or other groups representing charities;
• online directory distributors;
• internet portals;
• accounting, law and consulting firms; and
• educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Eco Growth Fertilizers; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Eco Growth Fertilizers. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

• By use of our corporate name; or
• By use of the uniform resource locator being linked to; or
• By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.

No use of EcoGrowthFertilizer’s logo or other artwork will be allowed for linking absent a trademark license agreement.

11. iFrames

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

LAST UPDATED ON 10-Nov-2023, v1.0.0