Last updated on 24 Feb 2022

THE TERMS OF SERVICE, PRIVACY POLICY, SHIPPING POLICY AND CANCELLATIONS AND REFUND POLICY ON OUR WEBSITE (COLLECTIVELY “KG POLICIES”) SHALL BE READ CONCURRENTLY. BY USING OUR WEBSITE AND/OR ORDERING PRODUCTS FROM THIS WEBSITE, YOU HEREBY ACKNOWLEDGE THAT YOU’VE FULLY READ AND AGREE TO THE KG POLICIES.

This Terms of Service Agreement governs your use of this website, www.KonkanGreens.com (“Website”), [Ville Valley Resort’s] offer of products for purchase on this Website, or your purchase of products available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. [Ville Valley Resort] (“We”, “Us”, “Ville”, or “Konkan Greens”) reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website in response to changing laws or technical or business developments.

You should check this page from time to time to ensure that you are happy with any changes. We will alert you that changes, or revisions have been made by indicating on the top of this Agreement the date it was “last updated”. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions.

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.  Confirmed orders that have been committed along with completed payments will be honored by Konkan greens.

We encourage you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Ville for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website. If you would like to print this Agreement, please click the print button on your browser toolbar.

1. PRODUCTS

Terms of Offer. This Website offers for sale certain products (the “Products“). By placing an order for Products through this Website, you agree to the terms set forth in this Agreement.

Customer Solicitation: Unless you notify our third-party call center reps or direct Ville sales reps, while they are calling you, of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations Ville and it’s designated in house or third-party call team(s). 

Opt Out Procedure:

We provide 2 easy ways to opt-out of from future solicitations.

1. You may use the opt out link found in any email solicitation that you may receive.
2. You may also choose to opt out, via sending your email address to: support@konkangreens.com

Proprietary Rights. Konkan Greens has proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell, or redistribute any Product manufactured and/or distributed by Konkan Greens also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images, and other information.

Sales Tax. If you purchase any Products, you will be responsible for paying any applicable sales tax.

1. USE OF WEBSITE

Konkan Greens is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal or improper purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell material on the Website, (4) not engage, directly or indirectly, in transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website. As a condition of your use of this Website, you further warrant that

• you are at least 18 years of age and are of sound mind,
• you possess the legal authority to create a binding legal obligation,
• you will use this Website in accordance with the Terms of Use,
• you will only use this Website to make legitimate reservations for you or for another person for whom you are legally authorized to act,
• you will inform such other persons about the Terms of Use that apply to the reservations you have made on their behalf, including all rules and restrictions applicable thereto,
• all information supplied by you on this Website is true, accurate, current and complete, and
• if you have an online account with this Website, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you.

Additionally, you agree not to host, display, upload, modify, publish, transmit, store, update or share any information that:

• belongs to another person and to which you do not have any right;
• is defamatory, obscene, pornographic, pedophilic, invasive of another’s privacy, including bodily privacy, 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;
• is harmful to children;
• infringes any patent, trademark, copyright or other proprietary rights;
• violates any law;
• deceives/misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
• impersonates another person;
• threatens the unity, integrity, defense, 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 other nation;
• contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
• is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity, or agency for financial gain or to cause any injury to any person.

We retain the right in our sole discretion to deny access to anyone to this Website and the services we offer, at any time without notice and for any reason, including, but not limited to, for violation of these Terms of Use.

III. WEBSITE

Content; Intellectual Property; Third Party Links. In addition to making Products available, this Website also offers information and marketing materials. This Website also offers information, both directly and through indirect links to third-party websites, about plants and plant care. Konkan Greens does not always create the information offered on this Website; instead, the information is often gathered from other sources. To the extent that Konkan Greens does create the content on this Website, such content is protected by intellectual property laws of the India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, non-commercial use. Any links to third-party websites are provided solely as a convenience to you. Konkan Greens does not endorse the contents on any such third-party websites. Konkan Greens is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.

License. By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, non-commercial, use of the Website. You cannot copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from Konkan Greens or the applicable third party (if third party content is at issue).

Posting. By posting, storing, or transmitting any content on the Website, you hereby grant Konkan Greens a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. Konkan Greens does not have the ability to control the nature of the user-generated content offered through the Website. You agree that your content will not violate any right of any third-party. You also agree that your comments will not contain unlawful, abusive, offensive, or obscene material. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments.  You are solely responsible for your interactions with other users of the Website and any content you post. Konkan Greens is not liable for any direct and/or indirect damage or harm resulting from any posts by or interactions between users. Konkan Greens reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content Konkan Greens deems objectionable, in its sole and absolute discretion.

Acceptance of Orders. We reserve the right to refuse orders for any reason. We may, in our sole discretion, limit or cancel quantities purchased per order. In the event that we make a change to or cancel an order, we will attempt to notify you. We reserve the right to limit or prohibit orders that, in our sole judgment, (i) appear to be placed by dealers, resellers or distributors or (ii) have been inaccurately priced in our sole discretion. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Third Party Rules and Restrictions. Additional terms and conditions of third party suppliers (such as logistics and/or transport services providers) will apply to your purchase or use of our Website. Please read these additional terms of use carefully. You agree to abide by the terms and conditions of purchase imposed by any third party supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the third party supplier’s rules and restrictions. We reserve the right to cancel your purchase if full payment is not received in a timely fashion for whatever reason.

1. GIFT VOUCHERS AND DISCOUNT COUPON

Our gift vouchers entitle the holder to goods/services equal to the value stated on the voucher. They may not be exchanged for cash and are not partially redeemable. They may only be used once and may not be used in conjunction with any other offers or promotions. Only one gift voucher or discount code may be used per order. We reserve the right to refuse to redeem a gift voucher or discount code if we suspect impropriety relating to the use of the voucher or code. Lost gift vouchers cannot be replaced.

Discount coupons (“Coupons”) may be applied to products which have been made known to the customer that will apply with each specific Coupon. Participating products are subject to change at any time. Unless stated otherwise in a particular Coupon’s terms & conditions:

• The Coupon is personal to you, can only be used once and will be deemed fully redeemed and expired once a qualifying purchase has been made.
• Provided that you spend the minimum spend stipulated in the Coupon, the Coupon entitles you to the Discount off the price of the relevant product before the application of any taxes, tax recovery charges, applicable fees or additional costs.
• The Coupon cannot be redeemed against taxes, tax recovery charges, supplier fees, cancellation or administrative fees or other miscellaneous charges, which are the sole responsibility of the customer.
• The Coupon is valid only for the redemption period stated in such Coupon.
• Usual purchase terms and conditions apply in accordance with these Terms of Service and all purchase and Coupon use are subject to availability.
• Only one Coupon per transaction may be used. In certain cases (e.g. a multiple product purchase, the Coupon will be applied to only to the lowest priced room in the transaction. This will be expressly stated before a customer completes the purchase).
• The Coupon may not be used or combined with other coupons, promotions or special offers.
• The Coupon cannot be used for any booking previously made. The Coupon has no cash value and no refunds or cash alternative will be offered. There is no residual value and no credit will be issued if the purchase amount is less than the prescribed discount. The Coupon may not be re-used, even in the event that you change or cancel the booking.
• The Coupon is void where prohibited by law and may only be used by legal residents of India aged 18 and over.
• Improper use of the Coupon by you including, but not limited to, publication or selling of the Coupon is prohibited, will result in the voiding of the Coupon, and may constitute fraud.
• The Coupon may not be transferred or sold. Coupons obtained through unauthorized channels, mutilated, altered, copied, forged, damaged, manipulated, or tampered with in any way will be deemed void.
• If Konkan Greens becomes aware, or has reason to suspect (in Konkan Greens’ reasonable opinion), that a customer: (a) has breached these coupon conditions; (b) obtained this Coupon from an unauthorized channel; (c) has used the Coupon with a view to re-selling any accommodation booked; (d) engaged in conduct which impacts on the fairness, integrity or proper conduct of this offer; or (e) otherwise acted fraudulently, Konkan Greens may, in its absolute discretion, cancel all bookings made by the customer using the Coupon without giving any reasons thereon. Konkan Greens reserves the right not to refund customers for the cancelled transactions, including any non-refundable bookings.

For avoidance of doubt, the Coupon can only be used by a customer making a booking directly on the Website, and cannot be used through or by a third party or intermediary.

Konkan Greens reserves the right to vary conditions of use of the Coupon or to withdraw the Coupon at any time. Konkan Greens’ decision is final in all matters relating to this offer. Terms and conditions of the Coupon are as written and cannot be changed by any representation of any unauthorized person.

1. DISCLAIMER OF WARRANTIES

YOUR USE OF THIS WEBSITE AND/OR PRODUCTS ARE AT YOUR SOLE RISK. THE WEBSITE AND PRODUCTS ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. KONKAN GREENS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE PRODUCTS OR WEBSITE CONTENT, OR ANY RELIANCE UPON OR USE OF THE WEBSITE CONTENT OR PRODUCTS. (“PRODUCTS” INCLUDE TRIAL PRODUCTS.)

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, KONKAN GREENS MAKES NO WARRANTY:

THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.

THAT THE LINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR THAT DEFECTS IN PRODUCTS WILL BE CORRECTED.

REGARDING ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THE WEBSITE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

1. LIMITATION OF LIABILITY

KONKAN GREENS’S ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHWERWISE, WITH RESPECT TO THE WEBSITE CONTENT AND PRODUCTS AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID, LESS SHIPPING AND HANDLING, FOR PRODUCTS PURCHASED VIA THE WEBSITE.

KONKAN GREENS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE WEBSITE CONTENT OR PRODUCTS; (2) THE COST OF PROCURING SUBSTITUTE PRODUCTS OR CONTENT; (3) ANY PRODUCTS PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; OR (4) ANY LOST PROFITS YOU ALLEGE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

VII. INDEMNIFICATION

You will release, indemnify, defend and hold harmless Konkan Greens, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs, and expenses, including reasonable attorneys’ fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Products or your use of the Products (including Trial Products); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to Konkan Greens. When Konkan Greens is threatened with suit or sued by a third party, Konkan Greens may seek written assurances from you concerning your promise to indemnify Konkan Greens; your failure to provide such assurances may be considered by Konkan Greens to be a material breach of this Agreement. Konkan Greens will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of Konkan Greens choice at its expense. Konkan Greens will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend Konkan Greens against any claim, but you must receive Konkan Greens prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.

VIII. PRIVACY

Konkan Greens believes strongly in protecting user privacy and providing you with notice of Konkan Greens use of data. Please refer to our privacy policy, incorporated by reference herein, that is posted on the Website.

1. AGREEMENT TO BE BOUND

By using this Website or ordering Products, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.

1. GENERAL

Force Majeure. Konkan Greens will not be deemed in default hereunder or held responsible for any cessation, interruption, or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott, emergency governments measures.

Cessation of Operation. Konkan Greens may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.

Entire Agreement. This Agreement comprises the entire agreement between you and Konkan Greens and supersedes any prior agreements pertaining to the subject matter contained herein.

Effect of Waiver. The failure of Konkan Greens to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

Accuracy of Information. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.

Severability. In the event that any provision of these terms in this Agreement (or any other policy on our Website) is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from such Agreement (and/or policy) and such determination shall not affect the validity and enforceability of any other remaining provisions.

Governing Law. This Website originates from the PUNE, MAHARASHTRA. This Agreement will be governed by the laws of the State of MAHARASHTRA without regard to its conflict of law principles to the contrary. Neither you nor Konkan Greens will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of MAHARASHTRA. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding, or claim arising under or by reason of this Agreement. You hereby waive any right to trial by court, arising out of this Agreement and any related documents.

Statute of Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within six months, after such claim or cause of action arose or be forever barred.

Waiver of Class Action Rights. BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.

Termination. Konkan Greens reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and Konkan Greens may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, Konkan Greens reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until Konkan Greens chooses, in its sole discretion and without advance to you, to terminate it.

Domestic Use. Konkan Greens makes no representation that the Website or Products are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.

Assignment. You may not assign your rights and obligations under this Agreement to anyone. Konkan Greens may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.