Welcome to OngoHarvest!
These are the User Terms and Conditions (“Terms”) that apply to your access and use of the Ongoharvest.com website and any mobile applications operated by Affluak Inc. Pvt Ltd and its affiliates (“Ongoharvest”).
This document is a legally binding agreement between you and OngoHarvest. Please read these Terms carefully before using Ongoharvest. By using the website or related mobile applications, you agree to be bound by these Terms.
Ongoharvest may update these Terms at any time. Any changes to the Terms will be posted on this page. Once posted, the updated Terms will be effective immediately. It is your responsibility to review the Terms on a regular basis to keep yourself informed of changes. By continuing to access the Ongoharvest site or use its services, you agree to be bound by the updated Terms.
- Conditions for Registration
Please note: As a seller, you will be able to upload items for sale at the same time that you share your corporate documents, however, your products will not be viewable by potential buyers until your documents have been verified by Ongoharvest.
1.1 You may not access or use Ongoharvest and may not accept these terms if you are not at least 18 years, or are not permitted to receive any services under the laws of any jurisdiction in which you are a resident or citizen.
1.2 You must register as a buyer, seller (or both) and have a user account on Ongoharvest.com to use its services.
1.3 Whether you are registering as a buyer or seller (or both), you must own a licensed business. This does not apply to buyers purchasing through the “Buy Now” feature.
1.4 To become verified as a buyer or seller (or both), you must provide the following documentation:
- Name of the Seller
- Address Location
- Phone Number
- Email Address
- ID Documents
1.5 Ongoharvest has the right to reject the creation of a user account for any reason.
1.6 When you use any Ongoharvest service or send e-mails to us, you are communicating with us electronically. We will communicate with you electronically in a variety of ways, such as by e-mail, text, in-app push notices or by posting e-mail messages or communications on Ongoharvest.com or through our Message Center. You agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing, unless applicable laws specifically require a different form of communication.
1.7 By posting or displaying any product, information, or content (“Content”) on Ongoharvest.com, you grant an irrevocable, perpetual, worldwide, royalty-free, and sub-licensable license to Ongoharvest to use the Content in any form, media, or technology in any manner and for any purpose.
1.8 By registering as a user, you acknowledge that Ongoharvest may launch, change, upgrade, impose conditions on, suspend or stop any services or features without prior notice.
2. User Accounts
2.1 You may only have one main user account per business at any one time, but may also register subaccounts under the main account. Ongoharvest may suspend or terminate user accounts if it has reason to suspect that the same business registered, or is in control of, two or more of the same type of accounts.
2.2 Upon creation of a user account or subaccount, Ongoharvest will assign you an account and request that you create a password.
2.3 You will be solely responsible for maintaining the confidentiality and security of your account number and password. You may not share, assign, or permit the use of your user account or password with another person, even those within your own business. You agree to notify Ongoharvest immediately if you become aware of any unauthorized use of your user account or password.
2.4 You agree that all use of Ongoharvest, and all activities that occur under your account(s) will be considered authorized by you, and that you solely bear the responsibility for the consequences of the misuse of your account and subaccounts.
2.5 Ongoharvest may limit, suspend or withdraw your user account at any time, without notice, for breach of these Terms, or for any reason.
- User’s Responsibilities
- 3.1You represent and agree that:
- you have full power and authority to accept the Terms and to fulfill your obligations under these terms;
- the information and documents submitted during the registration process are true, accurate, current and complete, and you will maintain and update all information and documents to keep them so while your Ongoharvest user account is active;
- you are solely responsible for obtaining all required licenses, permits and certifications for the Content that that you submit, post or display;
- any Content that you submit, post or display is not counterfeit or stolen and does not otherwise violate any of the copyright, patent, trademark, trade name, trade secrets or any rights of any third party.
- you have the right and authority to sell, trade, distribute or export the products listed on Ongoharvest, and the listing of these products does not violate any third-party rights (for example, exclusive agency or distribution agreements); and
- Neither you, your company, its directors, officers nor affiliates are the subject of any trade restrictions, sanctions or other legal restrictions of any country, international organization or other jurisdiction.
- 3.2You further agree that the Content that you submit, post or display will:
- be true, accurate, complete and legal.
- not contain information that is defamatory, libelous, threatening, harassing, obscene, explicit, offensive, or otherwise objectionable
- not contain information that is discriminatory or promotes discrimination
- not violate the Product Listing Policy, the Terms or any other additional agreements with Ongoharvest.
- not violate any applicable laws and regulations or promote any activities which may violate them; and
- not post any link directly or indirectly to other websites which include Content that violates the Terms.
- 3.3Additionally, you agree that you will:
- carry on activities on Ongoharvest in compliance with any applicable laws and regulations
- conduct your business transactions with other Ongoharvest users in good faith;
- carry on your activities according to these Terms, and any other applicable agreements;
- upload all requested order data for every transaction to the Ongoharvest platform;
- not use Ongoharvest to defraud any person or entity;
- not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;
- not manipulate feedback through multiple user accounts or third parties by leaving positive feedback for yourself or unjustified negative feedback for another user;
- not copy, reproduce, download, republish, sell or distribute any information, text, images, graphics, video clips, sound, directories, files, databases or listings, available on or through Ongoharvest for any purpose;
- not engage in spamming, phishing or spreading viruses;
- not use Ongoharvest solely to collect information about other users;
- not use information provided to you during the course of a transaction on Ongoharvest to solicit additional sales offline; and
- not engage in any activities that would create liability for Ongoharvest.
- 3.4In its sole discretion, Ongoharvest has the right to remove a posting or listing or suspend or terminate any user account, if it learns of a violation or suspected violation of any of the points under 3.1-3.3, or for any reason it considers appropriate.
- Transactions Between Buyers and Sellers
- 4.1Through its website and related applications, Ongoharvest provides a platform for buyers and sellers to interact with one another for the sale and purchase of products. Ongoharvest does not represent either buyers or sellers in any transaction and is not a party to any agreement between them.
- 4.2Buyers and sellers must agree on and create their own contractual terms and upload the order details of each transaction to the Ongoharvest platform.
- 4.3Ongoharvest does not control and is not responsible for the quality, legality, safety, or availability of the products offered for sale on Ongoharvest.com, the ability of sellers to complete a sale or the ability of buyers to complete a purchase.
- 4.4By accessing or using Ongoharvest.com, you accept the risks of conducting any transaction, as well as any related activities, such as payment, storage, shipment and return of products.
- 4.5Ongoharvest is not liable for unsatisfactory or delayed performance, losses, damages or business interruptions as a result of products which are unavailable, damaged or not delivered.
- 4.6Ongoharvest may, but is not required to, mediate or attempt to resolve any dispute or disagreement between buyers and sellers, but will not be responsible for the resolution of such dispute.
- 4.7Please Contact Us to report any issues or violations of these Terms.
- Third-Party Sites or Services
- 5.1Ongoharvest may give you access to third-party sites or services through hyperlinks, API or other means. You should review the third-party terms and conditions, as Ongoharvest has no control over and does not monitor such sites. Ongoharvest will not be liable to you for the content of these sites or your use of them.
- 5.2Ongoharvest may offer you third-party services, such as payment gateways, supply chain finance solutions and delivery services. These services may be subject to a separate agreement between you and the service provider. Under no circumstances will Ongoharvest will be liable to you for the use of such services.
- 5.3Third-party services may be subject to separate fees. You will be informed of such fees prior to the performance of the services.
- 6.1The services provided by Ongoharvest and the products displayed on Ongoharvest.com are provided “as is”, “as available” and “with all faults”, and any and all warranties are excluded.
- 6.2You agree to defend Ongoharvest, our affiliates, directors, officers and employees against any and all third-party losses, claims and liabilities (including legal costs) which may result from your violation of these Terms, use of Ongoharvest.com or its services (or third-party services or sites offered through Ongoharvest). You agree to fully compensate Ongoharvest for such losses.
- 6.3Ongoharvest has the right to take control of any legal matter subject to Clause 6.2.
- 6.4Ongoharvest will not be liable to pay any consequential, indirect, punitive or incidental damages (including but not limited to damages for loss of profits or savings, business interruption, loss of information), resulting from your use of Ongoharvest.com, or any third-party services or sites offered through Ongoharvest.
- 6.5Regardless of the above clauses, the total liability of Ongoharvest, our employees, agents, affiliates or representatives for any or all your claims during any calendar year is limited to USD $100.
- 6.6The above clauses will apply whether or not Ongoharvest has been advised of, or should have been aware of, the possibility of any losses.
- Cooperation with Authorities
- 7.1 Ongoharvest has the right to cooperate fully with governmental or regulatory authorities or law enforcement in the investigation of any suspected criminal or civil wrongdoing. As permitted by applicable laws and policies, Ongoharvest may disclose a user’s identity and contact information regarding a user’s account, transactions or activities carried on Ongoharvest.com. Ongoharvest will not be liable for damages due to such disclosure, and you agree not to bring any claim against Ongoharvest for the disclosure.
- Force Majeure
- 8.1 Neither you nor Ongoharvest will be liable for failing to fulfill any obligation under these Terms that result from circumstances beyond either party’s reasonable control, such as natural disasters, pandemics or war.
- Intellectual Property
- 9.1 “Ongoharvest” and its related logos and words on Ongoharvest.com are registered trademarks of Ongoharvest and are protected by international trademark and other intellectual property rights and laws. Ongoharvest’s trademarks may not be used in connection with any service or products that other than Ongoharvest’s, without its written consent. All other trademarks not owned by Ongoharvest that appear on Ongoharvest.com are the property of their respective owners, who may or may not be affiliated with Ongoharvest.
- 9.2 Ongoharvest is the sole owner or lawful licensee of all the rights and interests in Ongoharvest.com and its Content. Ongoharvest.com and its content contain trade secrets and other intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Ongoharvest.com and its Content belong to Ongoharvest. All other rights are reserved.
- 9.3 If you believe that any Content on Ongoharvest.com violates your intellectual property or other third-party rights, please legal@Ongoharvest.com.
- 10.1All notices or demands to Ongoharvest must be made in writing and sent personally, by email to: Email: legal@Ongoharvest.com.
- 10.2All legal notices or demands on a user will be delivered to the last known email address provided by to Ongoharvest, unless otherwise required by specific laws or regulations.
- General Clauses
- 11.1Unless you have any additional agreements with Ongoharvest, these Terms represent the entire agreement between you and Ongoharvest as to your use of the website and any related applications or services, overriding any prior written or verbal agreements that may have been made.
- 11.2These Terms do not create an agency, partnership, joint venture, employment or franchise relationship between you and Ongoharvest.
- 11.3If any clause of these Terms is considered invalid or unenforceable, such clause will be deleted and the remaining clauses will remain valid and enforceable.
- 11.4If Ongoharvest does not enforce its rights or act against any breach by you under the Terms, it does not mean that Ongoharvest is waiving its rights to enforce actions against you in the future.
- 11.5Ongoharvest has the right to assign the Terms to any person or entity. You may not assign these terms to any person or entity, without written consent from Ongoharvest.