LEARNING PLATFORM

Terms and Conditions

INTRODUCTION

The domain name https://lotusharvestec.com/, an internet-based portal and is operated by LOTUS HARVESTEC PRIVATE LIMITED, a private limited company duly incorporated under the provision of the Company Act, 2013, bearing CIN U45400HR2014PTC053998, (hereinafter referred to as “Lotus Harvestec” or “We” or “Our” or “Us” or “the Company”) having registered office at Flat No. 1204, Plot No. 8, Doordarshan Apartment, Sector-45 Gurgaon, Haryana 122001, and Corporate Office at  901-B4, Spaze, Tech Park, Sector-09, Sohna Road, Gurgaon, HR – 122018. The domain name herein is referred to as the “Website”.

The Terms of Use is published in compliance of, and is governed by the provisions of Indian laws, including but limited to:

    • the Indian Contract Act, 1872 (“Contract Act”);
    • the (Indian) Information Technology Act, 2000 (“IT Act”) and the rules, regulations, guidelines, and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011, and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (“IG Guidelines”);
    • The Consumer Protection Act, 2019, and Consumer Protection (E-Commerce) Rules, 2020.

Acceptance of Terms

 The user’s access or use of the Website, transaction on the Website, and use of Services (as defined herein below) hosted or managed remotely through the Website are governed by the following terms and conditions (hereinafter referred to as the Terms of Use”), including the applicable policies which are incorporated herein by way of reference. These Terms of Use constitute a legal and binding contract between you (hereinafter referred to as “You” or “Your” or the “User”) on one part and Lotus Harvestec on the other Part.

By accessing, browsing, or in any way transacting on the Website, or availing any Services, the user signifies Your agreement to be bound by these Terms of Use. Further, by impliedly or expressly accepting these Terms of Use, you also accept and agree to be bound by our policies, including the Privacy Policy, and such other rules, guidelines, policies, terms, and conditions as are relevant under the applicable law(s) in India and other jurisdictions for the purposes of accessing, browsing or transacting on the Website, or availing any of the Services, and such rules, guidelines, policies, terms, and conditions shall be deemed to be incorporated into, and considered as part and parcel of these Terms of Use.

Membership eligibility

The registration on or use/access of the Website is only available to persons can form legally binding contracts under Indian Contract Act, 1872. Person who are ‘incompetent to contract’ under the Contract Act 1872, including un-discharged insolvents, etc. are not eligible to register on or use/ access the Website. However, if you are a minor i.e. under the age of 18 years, you may use the Platform or access content on the Platform only under the supervision and prior consent/ permission of a parent or legal guardian.

 Registration Process

For the purposes of availing the Services or transacting through the Website, the users are required to obtain registration, in accordance with the procedure established by Lotus Harvestec in this regard. As part of the registration process, Lotus Harvestec may collect the following personal information from the users while registration process:

    • First Name, Middle Name, Last Name
    • Organization the user is working for
    • Date of Birth
    • Gender
    • Email Id
    • Phone Number
    • Address (Country, State, District, Address, Postal Code)
    • User ID
    • Generate Username, Password, and Re-confirm Password

Lotus Harvestec and its User’s shall be governed in accordance with these Terms of Use. The Products & Services would be made available to persons who have agreed to use the Website after obtaining due registration, in accordance with the procedure as determined by the Company, from time to time. To establish the relationship between Lotus Harvestec and the users through the Website, shall send the users promotional content including but not limited to emails, notifications, and messages.

Websites Product & Services

The Website is a platform that facilitates: a) post-harvest management, Engineering design & detailing, project management, operational Management, and offers value-added services for food grain post-harvest management. b) The website also offers an online learning platform on the two topics i.e Food Grain Bulk Storage and Rice Technology through e-books, video assistance & technical FAQ (herein collectively referred as to the ‘product’).

Content of the Website

Lotus Harvestec authorizes users to view and access the content available on the Website solely for the purposes of availing the Services, such as visiting, using, purchasing, reading, receiving, and communicating only as per these Terms of Use. The contents on the Website including information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement, and assembly of content, contains in-house content as well as Third Party Service Providers’ content, if any (“Third Party Content”) provided by Lotus Harvestec including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals (“Lotus Harvestec Content”) (collectively, “Content”). The Lotus Harvestec Content is the property of Lotus Harvestec and is protected under copyright, trademark, and other applicable law(s). The users shall not modify the Lotus Harvestec Content or reproduce, display, publicly perform, distribute, or otherwise use the Lotus Harvestec Content in any way for any public or commercial purpose or for personal gain.

E-book Terms & Conditions

The users can place an order or purchase the e-books through the website in two ways: a) topic-wise or, b) chapter wise:

Explanation: Topic-wise e-book contains all the chapters inscribed on the topic of Food Grain Bulk Storage and Rice Technology and the chapter-wise e-book contains selective topics on Food Grain Bulk Storage and Rice Technology. The user can opt for any of the ways according to his/her requirement.

The sale, purchase, and access of products via this website is by a contract between the user and Lotus Harvestec, formed when you have placed an order. Once your order has been placed, the selected eBook shall appear in your ‘Owned’ or ‘My Library section’.

Furthermore, the user agrees and recognizes while placing an order or making a purchase that: 

    • Lotus Harvestec retains the right to make changes to the eBooks format availability at any time and for any reason;
    • All products listed and sold via this website are copyright ownership of Lotus Harvestec and creating or making illegal copies of the company eBooks files will be considered a breach of the Terms of Use, against which legal action will be taken;
    • The users have only read and viewing rights to eBooks after purchase and such rights have limited access to the number of times, which is mentioned at the time of purchase of the product, the eBooks are not editable or downloadable on the computer, device or smartphone;
    • Lotus Harvestec eBook files are safe and do not carry any malware that could harm and/or damage the purchaser’s computer/device or smartphone. However, all eBook files are bought at the User’s risk, and Users should take the necessary steps to ensure the safety of their computer, device, or smartphone.

Video Assistance through Experts

If any users are interested in person-to-person (video) interaction sessions with the experts on the products for any additional information or to clear any doubts regarding the products of the company, the users can book an interactive video session with the company experts. The users have two slots, according to his/her choice i.e 30 minutes or 1-hour slot after the payment of the slot respectively. The experts will discuss the topics in the session and provide detailed information to the users to better understand the products.

 Technical FAQ

 The relevant FAQs on the topic of food Grain Bulk Storage and Rice Technology have been published on the website. The users can easily access such FAQs to better understand the topics and clear their doubts.

 Third-Party Link

 While using the Lotus Harvestec website, If the users navigate away from the Website to a third-party website, the user may be subject to alternative terms and conditions of use and privacy policy, as may be specified on such website. In such event, the terms and conditions of use and privacy policy applicable to that website will govern Your use of that website.

 Third-Party Content

 The Content from other third parties is made available to the User through links on the Websites because the Company does not control such content. The User hereby agrees that Lotus Harvestec is not responsible for any such content, including advertising and information about third-party products or services. Furthermore, Lotus Harvestec does not have control over such Content and makes no guarantees about the accuracy, currency, suitability, or quality of such content, and assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content made available by third parties.

Product Descriptions 

Lotus Harvestec endeavours to make all the information on our websites, especially that relating to our products, as accurate as possible. However, Lotus Harvestec does not warrant that product descriptions or other content available on this site are accurate, complete, reliable, current, or error-free.

Personal Subscription Plan

 If you buy or purchase a Lotus Harvestec individual subscription plan, the Company grants the user alone, a non-exclusive, non-transferable license (“Individual License”) to read and view the eBooks for a limited number of times (the “Initial Individual Term”) after the prescribed payment (“Individual Licence Fees”) and the said Individual license is in strict accordance with these Terms of Use for non-commercial home or personal use only.

Payment Method

By registering for, subscribing to, or purchasing a personal Subscription Plan and providing billing information during checkout, the User grants us and our authorized third-party payment processor(s) the right to process payment for your individual license fee via the debit card, credit card, net banking or UPI account, which the User provided during checkout or maintain on your account (“Individual Payment Method”).

 Refund Policy

Please note that as soon as the Company confirms your eBooks order, it will enter our electronic system and we will be unable to prevent it from being dispatched to your ‘My Library account’. In addition, no refunds or exchanges will be given on eBooks unless the supplied file is faulty or a fault occurs during the book being made available to you, i.e. during transferring to the ‘My Library account’. If in a case, the User received faulty or facing an error while operating such files, then the User should contact Lotus Harvestec at the mailing address  info@lotusharvestec.com.

 Confidentiality of Information

If you use this site, you are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or password.

Unauthorized access to the website or illegal activity

Further, under no circumstance, the Users misuse the Website by knowingly or introducing viruses, trojans, worms, logic bombs, spyware, adware, or other material that is malicious or technologically harmful or designed to adversely affect the Website. Additionally, the Users must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer, or database connected to the Website. Any attempt to do would be a criminal offence. In any such situation, Lotus Harvestec retains the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion. 

Disclaimer of Warranties & Limitation of Liability 

Lotus Harvestec makes no representations or warranties of any kind, expressed or implied, as to the operation of this Website or the information, content, materials, or products included on this Website. The Users recognize that the traffic of data through the internet may cause delays during the use of or access to the Website, and accordingly, the User agrees not to hold us liable for delays that are ordinary in the course of internet use. The User further acknowledges and accepts that the Website may not be available on a continual 24-hour basis due to such delays, delays caused by our upgrading, modification, or standard maintenance of the Website, or any other delays outside of our control. 

You explicitly agree that your use of this Website is at your own risk. to the full extent permissible by applicable law, Lotus Harvestec disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Lotus Harvestec does not warrant that this Website, its servers, or the email sent from Lotus Harvestec are free of viruses or other harmful components. Lotus Harvestec shall not be liable for any damages of any kind arising from the use of this Website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

Intellectual Property Rights

All the intellectual property used on the Website except those which have been identified as the intellectual properties of the Other Parties shall remain the exclusive property of the Company. The Other Parties agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict the use or copying of any materials or enforce limitations on the use of the Website or the materials therein. The materials on the Website or otherwise may not be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means.

Termination

The provisions of these Terms of Use shall continue to apply until terminated by either of the Party as set for below:

    • In case of Other Parties wanting to terminate these Terms of Use, Other Parties may do so by: a) not accessing the Website; or b) closing their accounts for all of the Services that they use.
    • Lotus Harvestec retains the right to, at any time, and with or without notice, terminate these Terms of Use against each of the Users or the Third-Party Service Providers or the Other Parties as a whole, if there is:
      1. We may immediately suspend or terminate your access to the Website without notice if any breach of these Terms and Conditions of use by you is brought to our attention.
      2. If you breach these Terms and Conditions and we take no action, we will not have waived any of our rights and may still use any rights and remedies that were open to us when you broke them.
      3. Furthermore, your registration may be terminated and your profile and any content or information that you have posted on the Website may be deleted at any time. We may prohibit you from using or accessing the Website for any reason, at any time in our sole discretion, with or without notice. These Terms and Conditions shall apply to any use of the Website.

Indemnity

The Users hereby agree to defend, indemnify and hold harmless Lotus Harvestec, the Protected Entities, independent contractors, service providers, consultants, licensors, agents, and representatives, and each of their respective directors, officers, and employees, from and against any and all claims, losses, liability, damages, and/or costs (including, but not limited to, reasonable attorney fees and costs) arising from or related to (a) the User access to or use of Website; (b) the User violation of these Terms of Use or any applicable law(s); (c) the User violation of any rights of another person/ entity, including infringement of their intellectual property rights; or (d) the User conduct in connection with the Website.

 Modifications

Lotus Harvestec retains the right to change or modify these Terms of Use or any policy or guidelines of the Website including the Privacy Policy, at any time and at its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions on the Website or the User may have to receive specific notice of such changes or modifications. The User continued use of the Website will confirm the User’s acceptance of such changes or modifications; therefore, Users should frequently review these Terms of Use and applicable policies to understand the terms and conditions that apply to the use of the Website.

Waiver

No provision of these Terms of Use shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by Lotus Harvestec. Any consent by Lotus Harvestec to, or a waiver by Lotus Harvestec of any breach by Other Parties, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

Severability

 If any provision of these Terms of Use is deemed to be illegal, void, or unenforceable, then that provision will be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Force Majeure

The Users accept and acknowledge that Lotus Harvestec shall not be liable for any loss or damage caused to the User as a result of delay or default or deficiency or failure in the Services as a result of any natural disasters, fire, riots, civil disturbances, actions or decrees of governmental bodies, communication line failures (which are not caused due to the fault of Lotus Harvestec or the Third Party Service Providers), or any other delay or default or deficiency or failure which arises from causes beyond Lotus Harvestec reasonable control (“Force Majeure Event”). In the event of any Force Majeure Event arising, Lotus Harvestec, depending on whose performance has been impacted under the Terms of Use, shall immediately give notice to the Other Party(s) of the facts which constitute the Force Majeure Event.

Governing Laws & Dispute Resolutions

These Terms of Use and any contractual obligation between the Parties will be

governed by the laws of India, without reference to the conflict of laws principles. Any legal action or proceeding related to Other Party(s) access to, or use of, the Website or these Terms of Use shall be subject to the exclusive jurisdiction of the courts at Gurgaon, Haryana. All disputes will be subject to arbitration at New Delhi, in English by a sole arbitrator appointed by Lotus Harvestec under the Arbitration and Conciliation Act, 1996.

Contact Information

If any user(s) has any grievance, comment, question, or suggestion regarding any of our Services, please contact our customer service at +124 4482422 or email at info@lotusharvestec.com. If in any situation, Lotus Harvestec has any questions concerning user accounts or any restricted activity of users, regarding these Terms of Use, or anything related to any of the foregoing, Lotus Harvestec can be reached to the user at his/her provided email Id as provided in account registration.

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