1. Introduction and Terms of Use
The terms and conditions contained hereinafter (“Terms of Use”) shall apply to the use of Onato ("Onato" or "we" or "our"), a trade name owned and managed by Onato Private Limited. Onato is an application in Apple & Android Store that facilitates users registered on Onato, to buy fresh fruits and vegetables across cities in India (“Services”).
Any person logging on to or using Onato (even when such person does not make any purchase from Onato) (“User” or “you”) shall be presumed to have read these Terms of Use (which includes the Privacy Policy, separately provided on Onato) and unconditionally accepted the terms and conditions set out herein and this constitutes a binding and enforceable agreement between the User and Onato (“Agreement”). This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Onato for other services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of Onato. To the extend applicable, this Terms of Use shall apply to the website of Onato and its visitors as well.
2. Membership Eligibility
Use of Onato is available only to such persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use Onato. If you are a minor i.e. under the age of 18 years, you shall not register as a User of Onato and shall not transact on or use Onato. As a minor if you wish to use or transact on Onato, such use or transaction may be made by your legal guardian or parents on Onato. Onato reserves the right to terminate your membership and / or refuse to provide you with access to Onato if it is brought to Onato's notice or if it is discovered that you are under the age of 18 years. By accepting these Terms of Use, the User irrevocably declares and undertakes that he/she is of legal age i.e. 18 years or older and capable of entering into a binding contract and such usage shall be deemed to form a contract between Onato and such User to the extent permissible under applicable laws.
3. Account and Registration Obligations
If you use Onato, you shall be responsible for maintaining the confidentiality of your account and password and shall be responsible for all activities that occur in or throughout your account. We will not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account. You should take all necessary steps to ensure that the password is kept confidential and secure. In case you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner, you should inform us immediately at support@onato.in. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Terms of Use, we shall have the right to indefinitely suspend or terminate or block access of your membership on Onato and refuse to provide you with access to Onato.
You also agree and confirm that you will:
4. Communication
When you use Onato or send emails or other data, information or communication to us, you agree and understand that you are communicating with us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.
When you visit Onato or send e-mails to us, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We will communicate with you by e-mail, phone calls, SMS or by posting notices on Onato. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Notwithstanding anything contained in this Agreement and subject to applicable laws, you consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to your use of the website and/or your order placed on Onato.
5. Indemnity and Release
You shall indemnify and hold harmless Onato, and/or any of its officers, directors, agents, employees and representatives from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms of Use or any document incorporated by reference, or your violation of any applicable laws, rules, regulations or the rights of any third party.
You hereby expressly release Onato and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the third-party and specifically waive any claims or demands that you may have in this behalf under any statute, contract or otherwise.
6. Privacy
In order to avail the Services from Onato, you will need to provide Registered Data prior to getting registered. As an account holder you are required to provide Onato with accurate personal information. Any personal information collected by Onato shall not be disclosed to any third party unrelated to Onato unless such a disclosure is authorized or required by law, or you have expressly consented to such a disclosure. However, by accepting the terms and conditions, you grant Onato an unconditional right to share your personal information with Onato partners, affiliates, employees and agents for administrative purpose. You are requested to review the Privacy Policy before using Onato. If you have any objection to the terms of our Privacy Policy, you are requested not to use Onato.
7. Credit Cards/ Financial Wallets / UPI/ Banking A/c No or any other Financial Information.
You agree, understand and confirm that the financial details provided by you for availing of Services of Onato will be correct and accurate and you shall not use any financial payment option which is un-lawfully owned by you or outside the purview of the law of the country of India. Thus, you must not pay or attempt to pay for Services using fraudulent financial information and through illegal payment option as per law of India. You further agree and undertake to provide the correct and details to Onato.
Further the said information will not be utilized and shared by Onato with any third parties unless required for fraud verifications or by law, regulation or court order. Onato will not be liable for any kind of financial fraud. The liability for use of a financial payment option will be on you and the onus to ‘prove otherwise’ shall be exclusively yours.
8. User Liability
The User, by the act of logging onto Onato is deemed to have consented to and has expressly/impliedly and irrevocably authorized Onato to use, reveal, analyze, display or transmit all information required by Onato. The User represents and warrants that all the information provided by him/her are true, correct and complete and if such information is found to be untrue, incorrect or incomplete, Onato has the right to take any action it deems appropriate in relation to the particular circumstances without any limitations.
9.Representations, Warranties and Covenants
You shall not, directly or indirectly attempt to gain unauthorized access to Onato, other Users’ account(s), computer systems and/or networks connected to Onato through hacking, phishing, password mining and/or any other means (whether now known or hereafter developed or invented) or obtain any material or information through any means not intentionally made available to User.
You understand and undertake that you shall be solely responsible for the Registered Data and undertake to not host, display, upload, modify, publish, transmit, update or share any information that:
The User understands and agrees that the Onato team reserves the right to remove and/or edit such detail / information.
If you do post content or submit material on Onato, and unless we indicate otherwise to you in writing, it shall be deemed that you
You represent and warrant that you own or otherwise control all the rights to the content that you post or that you otherwise provide on or through Onato; that, as at the date that the content or material is submitted to Onato:
You further agree to indemnify Onato for all claims brought by third parties against Onato arising out of or in connection with a breach of any of the representations and warranties provided hereinabove.
10. Complaint against Objectionable Content
If you believe that any content on Onato is illegal, offensive (including but not limited to material that has sexually explicit content or which promotes racism, bigotry, hatred or physical harm etc.), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libellous, obscene, pornographic, paedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, (“Objectionable Content”), please notify us immediately on support@onato.in. We will take reasonable steps to ensure that such Objectionable Content complained about is reviewed and removed (if required) within a reasonable time.
11. Intellectual Property Rights
The information, content and compilation provided in Onato is our exclusive property and is protected under the applicable Indian and international intellectual property laws. No person shall use, copy, transmit, reproduce, publish, modify, distribute any contents of the website or any part thereof without our express written permission.
Further, without the express written consent of Onato, no person shall create and/ or publish his/her own database that features substantial (e.g. prices and product listings) portions of the contents of Onato.
12. Intellectual Property Claims
Onato respects the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please bring it to our notice by sending an email at support@onato.in. We will envisage to address your concerns and take necessary steps, if required.
13. Alteration of Service or Amendments to the Conditions
We reserve the right to make changes to Onato, its policies and these Terms of Use at any time. You will be subject to the policies and Terms of Use in force at the time that you use Onato. If any of these terms are deemed invalid, void, or for any reason unenforceable, that term will be deemed severable and will not affect the validity and enforceability of any remaining condition of this Terms of Use.
14. Waiver
Neither failure nor delay on the part of Onato to exercise or enforce any right, remedy, power or privilege contained hereunder nor course of dealing between the parties shall operate as a waiver thereof, or of the exercise of any other right, remedy, power or privilege. No part of these Terms of Use shall be deemed waived, and no breach consented to, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. No waiver of any rights or consent to any breaches shall constitute a waiver of any other rights or consent to any other breach.
15. Limitation of Liability
In no event shall Onato be liable for any special, incidental, indirect or consequential damages of any kind in connection with these Terms of Use, even if the User has been informed in advance of the possibility of such damages.
16. Refund & Cancellation Policy
Please note an order can only be cancelled within 24 hours of placing the order. Once the order is processed after 24 hours, no cancellation request will be entertained. Orders cancelled within 24 hours shall be eligible for full refund.
17. Pricing Policy
We are committed to providing our partners - both producers and retailers - with a fair, transparent, and dynamic pricing structure. Our aim is to balance the sustainability of our platform with the needs of our community, and we believe our pricing policy achieves this. Here's how our pricing works:
a. Listing Fee
Producers wishing to list their commodities on our platform will be charged a listing fee. This fee varies based on the type and quantity of the commodity.
b. Premium Listings
Producers have the option to avail of premium listing services, which provide higher visibility for their products on our platform for an additional cost.
c. Service Charges
We offer value-added services like quality assurance, storage, logistics, and expedited delivery, available at reasonable additional costs.
d. Volume Discounts
Retailers ordering in large quantities are eligible for discounts. This is our way of acknowledging and appreciating our partners who contribute significantly to our business.
e. Early Payment Discounts
We value punctuality and hence, we reward early payments with discounts. Conversely, late payments might attract additional charges.
f. Seasonal Pricing
Given the seasonal nature of agri commodities, we adjust our prices to reflect their availability in different seasons. You might notice higher prices during off-seasons and lower prices during peak seasons.
g. Market-based Pricing
Our prices are frequently updated to align with current market rates, ensuring our platform remains competitive.
e. Dynamic Pricing
For high-demand commodities, we utilise a dynamic pricing model. As supply decreases, prices might increase. This is a strategy designed to balance supply and demand during peak times.
We appreciate your understanding of this pricing policy, as it helps us ensure the continuity of our services. We highly recommend that you review this policy regularly, as we reserve the right to update it based on market trends, user feedback, and our platform's financial performance. Thank you for your continued partnership with Onato Pvt Ltd.
18. Disclaimer
a. General
You acknowledge and undertake that you are visiting and accessing the Services on the mobile application and website, as the case may be, (“Onato Platform”) and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the Onato Platform. We shall neither be liable nor responsible for any actions or inactions of sellers nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products and hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between you and the sellers or manufacturers of the products.
b. No Warranties
We expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on the Onato Platform. While we have taken precautions to avoid inaccuracies in content of Onato Platform, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind.
Without prejudice to the generality of the foregoing paragraph, we do not warrant that:
Nothing on the Onato Platform constitutes, or is meant to constitute, advice of any kind. While we strive to ensure that the information contained in the Onato Platform is accurate and reliable, we make no warranties or representations as to the accuracy, correctness, reliability or otherwise with respect to such information, and we assume no liability or responsibility for any omission or error in the content of the Onato Platform. The information and materials contained on the Onato Platform are subject to change without notice and are provided for general information only and should not be used as a basis for making business or financial decisions.
Despite our best efforts to provide accurate information on the Onato Platform, it is not possible to ensure that all the information provided here is up to date. We shall not be liable for any unintentional inaccuracies or errors with respect to the description of any product. Further, no liability shall be imposed on us, in the event of any damage, error, injury or loss caused to any person or User, whether direct or indirect, caused to him due to use or inability to use the Onato Platform or any links or hyperlinks provided on the Onato Platform. The usage of any link or hyperlink by any visitor will be at his/ her own risk and we assume no liability for any damage caused. We recommend that the users read the terms and conditions of such link(s).
The contents, designs, materials, etc. available on this Onato Platform may be protected by copyright law. You may not otherwise change, reproduce, modify, distribute, publicly display the materials available on the Onato Platform in any way, unless authorized by us or the respective copyright owner(s).
c. Limitations of Liability
We will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this Onato Platform:
These limitations of liability apply even if we have been expressly advised of the potential loss.
19. Governing law and Jurisdiction
These Terms of Use shall be governed by and construed in accordance with the laws of India (“applicable laws” or “laws”). The courts at Bengaluru, India shall have exclusive jurisdiction in relation to any proceedings arising out of or in connection with these Terms of Use.