Last Updated On 15th Aug, 2025

TERMS OF USE

Welcome to 41GRO Grocery Wholesaler.

This document (“Terms”) is an electronic record in terms of the Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is a legally binding agreement between First 41 Business Private Limited, a company incorporated under the Companies Act, 2013 with its registered office at House No. 5, Naya Tola, Kumhrar, Patna- 800026, Bihar, India may also be referred to as “we”, “us”, “our” or “41GRO” hereinafter, as the context requires) and Buyer (as defined below) (acting by
itself or through its representatives, as the case may be, referred to as “you”, “your”, “User”, “Buyer” hereinafter) who accesses or uses or transacts on [www.41gro.com] website and 41GRO mobile application ( “Platform”) and purchases Products for business to business (“B2B”) commercial purposes only.

By accessing or signing up to the Platform and/or Services (as defined below), you agree to be bound by these Terms, any additional terms (including pertaining to specific offers, promotions, discounts, etc), conditions, guidelines and rules that we provide to you, including in connection with your use of the Services that we may offer or make available to you, other rules and policies of the Platform (including but not limited to Return Shipment Policy, Undelivered Shipment Policy, Shipment Policy, Privacy Policy) (collectively referred to as “41GRO’s Policies”) as may be amended, modified or replaced from time to time. Please read them carefully.

We retain an unconditional right to modify or amend the Platform Policies. We, at any time, have the right to add to and/or alter, modify, change or vary all or any of the Terms or to replace wholly or in part, the contests, offers, schemes, promotions etc. with another contest, offer, scheme, promotion etc. or to withdraw it altogether. User can determine when these Terms were last modified by referring to the “Last Updated” legend above. User can access the latest version of these Terms at any given time on our Platform. User should regularly review the Terms on the Platform. User’s continued use of and access to the Platform shall be User’s consent to such changes. In the event the modified Terms are not acceptable to User, User should discontinue accessing the Platform.

Upon your request in writing, we may also make these Terms and Privacy Policy available to you in one of the languages specified in the Seventh Schedule of the Constitution of India. You may send such request to us on info@41gro.com. Upon receipt of such request, we will share the Terms in the language so opted by you within seven (7) working days. In case of any discrepancy between the English version of the Terms and version in language so opted by you, the English version shall prevail.

PLEASE READ THE TERMS CAREFULLY BEFORE PROCEEDING IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THE PLATFORM OR THE SERVICES PROVIDED BY THE PLATFORM OR 41GRO.

1. DEFINITIONS

For the purposes of this document, the following capitalised terms shall have the following meaning:

I. “Applicable Law(s)” shall mean any statute, national, state, provincial, local, municipal, foreign, international, multinational or other law, treaty, code, enactment, regulation, ordinance, rule, judgment, notification, direction, order, decree, bye-law, approval of any Governmental Authority, directive, guideline, policy, requirement or other governmental restriction or any similar form of decision of or determination by, or any interpretation or administration having the force of law of any of the foregoing by any Governmental Authority having jurisdiction over the matter in question, whether in effect as of the date of this Terms or at any time thereafter.

II. “Business Day” shall mean Monday to Saturday, 10:00 am to 07:00 pm and shall not include such days on which the banking institutions in India are authorized or obligated under the Applicable Laws to remain closed;

III. “Buyer” shall mean business users, holding valid and current business registration documentation, including but not limited to a Goods and Services Tax (GST) registration certificate, trade license, and/or any other legally recognized business identification document, as required under Applicable Laws, who access, use, or transact on the Platform, avail Services or purchase Products from it solely on a business to business (“B2B”) basis for commercial purposes and not for personal consumption.

IV. “Consignee” shall mean the Buyer or any person named in the Delivery Note or his/her representatives that takes the delivery of Shipment being transported.

V. “Dangerous Goods” includes products that are or may become dangerous, hazardous, inflammable, radioactive, or of damaging nature including products liable to taint or affect other products and products likely to harbor or encourage vermin or other pests; provided however that, household insecticide products shall not constitute Dangerous Goods.

VI. “Delivery Note” shall mean the waybill containing the essential information (as determined by us on our sole discretion) required for the performance of the logistics services, including name, delivery address and contact number of the Buyer or the designated recipient of the Shipment, description of the contents of the Shipment (if applicable) and Cash on Delivery details (if applicable).

VII. “Governmental Authority” shall mean any:
i. Government (central, federal, state or otherwise) or sovereign state;

ii. Any regulatory bodies, including the RBI and the Securities and Exchange Board of India

iii. Any governmental agency, semi-governmental or judicial or quasi-judicial or administrative entity, department or authority, or any political subdivision thereof; or

iv. International organization, agency or authority,

v. Including, without limitation, any stock exchange or any self- regulatory organization, established under any Applicable Law (to the extent acting in its capacity as a government entity and
not as a contracting or private party);

VIII. “Including” herein shall always mean “including, without limitation”.

IX. “Order(s)” shall mean order placed by Buyer for purchasing Products / Services on the Platform.

X. “Order Detail(s)” shall mean the details relating to the Order, including without limitation, the description of Products, details of 41GRO and the Buyer, date of order placement, total amount payable by the Buyer, delivery date, mode of payment, unique order number (AWB number) etc.

XI. “Platform Content” shall mean any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc. available on or through the Platform;

XII. “Product(s)” shall mean goods of any categories (other than Dangerous Goods).

XIII. “Services” shall mean services to enable cash and carry wholesale trading as provided through the Platform including:

i. Enabling Buyers to discover Products and order them;

ii. Sale of Products to Buyers;

iii. Tracking Shipments, Products and other logistics services provided by us or our sub-contractors;

iv. Processing payments (including payment which are processed through integrated third-party service providers);

iv. Processing payments (including payment which are processed through integrated third-party service providers);

vi. Any additional services provided, offered or introduced by us to enhance business transactions on the Platform.

XIV. “Shipment(s) / Consignment(s)” means all Products (excluding documents) that travel under one Delivery Note and which may be carried by any means we choose in our discretion, including air, road or any other carrier.

XV. “User Content” shall mean any information, content or material
of the Buyer that is on the Platform.

2. EFFECTIVE DATE

These Terms of Use shall come into force with effect from 0000 hours of 15th August 2025.

3. ELIGIBILITY

Your acceptance of these Terms implies that you have the capacity to enter into a legally binding contract as per the Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including without limitation, minors, un-discharged insolvents, etc. are not eligible to use the Platform. For the purposes of these Terms, the term ‘persons’; shall mean any sole proprietor, firm, company, corporation, government, state or agency of a state or any association, trust, joint venture, consortium or partnership (whether or not having separate legal personality) or any other body corporate duly incorporated under the laws of India.

4. PROVISION OF SERVICES

I. You must register on the Platform in order to access and use the Services. Further, 41GRO reserves the right, without prior
notice, to restrict access to or use of certain Services (or any features within the Services) subject to other conditions that
41GRO may impose in its discretion.

II. In case you avail services while accessing the Platform, that may be supported and/or provided by third party service
provider(s), for all such services your contracting entity will be such third-party service provider(s), as the case may be. 41GRO disclaims all liability for any claims that may arise pursuant to your use of services provided by such third-party service provider(s).

III. User agrees and confirms that 41GRO may charge commissions, transaction fees, or other charges for the use of
certain features on the Platform. Any applicable fees will be communicated to Users in advance.

IV. User agrees and confirms that any Products/Services provided to User by 41GRO are on best efforts basis and 41GRO may engage services of third-party service provider(s) to facilitate such Services to User. We shall not in any manner be liable to you for failure or delay in providing the Services or for any temporary disablement, permanent discontinuance of the Services by us or for any consequences resulting from such actions or reasons that are beyond our reasonable control.

V. User agrees and confirms that it will comply with Applicable Laws and 41GRO’s Policies while availing the Services. 41GRO
may suspend or terminate User’s access for any violations, fraudulent activities, or misuse of the Platform.

VI. User acknowledges that the Services are being provided to you
on a ‘as is’ and ‘as available’ basis and may be interrupted while browsing, transacting, using or uploading information on the Platform. User agrees that we reserve the right to suspend the Services, forthwith without assigning any reason whatsoever,
at our sole discretion.

VII. 41GRO may at any time with or without notice, withdraw, terminate, and/or suspend any or part of the Services without cause or in case of any breach of the Terms by the User. In addition, termination of any or part of any Services shall not impact provision of other services or other business arrangements or agreements which the User may have entered
into with 41GRO.

5. USER ACCOUNTS AND VERIFICATION OF ACCOUNT

I. You must be registered on the Platform to access or avail the Products and Services. While registering the User account on the Platform you will be required to furnish details about you and with respect to your business including without limitation, business name, GSTIN, PAN, TAN, Udyog Aadhaar, address, phone number, geographical location, image of the place of business and/ or any other information that 41GRO may require you to provide.

II. You agree and acknowledge that you will transact on the Platform only for your business purposes that is for purchase of Products for further distribution or sale and not for personal use or consumption. Except with 41GRO’s approval, one User may only register one account on the Platform. 41GRO may cancel or terminate an User’s account if 41GRO has reasons to
suspect that the User has concurrently registered or is controlling two or more accounts. Further, 41GRO may reject User’s application for registration for any other reason whatsoever, without assigning any reasons to the User.

III. A set of User ID and OTP (One Time Password) / password is unique to a single account. Any action triggered on your User account on the Platform or by using the unique OTP will be deemed to have been authorized by you and with your express consent. You shall be solely responsible for maintaining the confidentiality and security of your User ID and password and for all activities that occur under your account. You agree that all activities that occur under your account (including without limitation, posting any company or product information, clicking to accept any terms & conditions or rules, subscribing to or making any payment for any Services, sending emails using the Platform or other communications) will be deemed to have been authorized by you.

IV. You acknowledge that it is your responsibility to maintain the confidentiality of your account credentials and all activities occurring under your account.

V. 41GRO reserves the right to verify, approve, suspend, or reject any account at its discretion, including requesting additional
information / documents for verification.

VI. When you access the Platform, you are electronically communicating with 41GRO. 41GRO may communicate with
you by e-mail, SMS, WhatsApp messages or messages through other modes of communication, phone call or by posting notices on the Platform or by sending in-app notifications or any other mode of communication. For contractual purposes,
you consent to receive communications (including transactional, promotional and/or commercial messages) in the above manner, from 41GRO with respect to your use of the Platform and it shall be deemed by your continued use of the Platform that you agree and consent to receive any communications from 41GRO.

VII. You agree and acknowledge that we may directly or through a third-party service provider in accordance with the terms of the Privacy Policy validate the information provided by you on the Platform. You agree to furnish additional information and provide documentary proof as may be requested by us, from time to time, for the purposes of verification of your User account information. If any information provided by you is found to be incorrect or misleading, 41GRO reserves its right to take appropriate steps as set forth under Paragraph 5 of these Terms. For the purposes of verification of your account information, you agree that we may share your information with such third-party service provider in accordance with the terms of the Privacy Policy.

6. OBLIGATIONS OF USERS

I. You agree that (a) you will not copy, reproduce, download, re- publish, sell, distribute or resell any Platform Content, and (b) you will not copy, reproduce, download, compile or otherwise use any Platform Content for the purposes of operating a business that competes with 41GRO, or otherwise commercially exploiting the Platform Content or systematic retrieval of Platform Content from the Platform to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through deep-link, page scrape, robots, spiders, automatic devices or manual processes).

II. 41GRO may allow Users access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise), API or otherwise to such third parties’ web sites. You are cautioned to read such third party’s terms and conditions and/or privacy policies before using the Platform with respect to such content, products or services that you may avail. You acknowledge that 41GRO has no control over such third parties’ websites and shall not be responsible or liable to anyone for such websites, or any content, products or services made available on such websites.

III. You agree not to undertake any action which may undermine the integrity of 41GRO’s feedback system.

IV. By posting or displaying User Content on the Platform or providing any User Content to 41GRO or our representative(s), you grant perpetual, worldwide, royalty-free, and sub-licensable license to 41GRO to display, transmit, distribute, reproduce, publish, translate, and otherwise use any or all of the User Content in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to the operation of the Platform, the provision of any Services and/or the business of the User. You confirm and warrant to 41GRO that you have all the rights, power and authority necessary to grant the above license.

V. User agrees, undertakes, and confirms that User’s use of Platform shall be strictly governed by the following binding principles:”

i. User shall not host, display, upload, modify, publish, transmit, store, update or share any information which:

a. belongs to another person and to which User does not have any right to;

b. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy including bodily privacy, hateful, racially or ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986 or otherwise inconsistent with or contrary to the laws in force;

c. is misleading in any way;

d. is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;

e. harasses or advocates harassment of another person;

f. involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming” or messages using 41GRO’s communication Platform;

g. promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

h. infringes upon or violates any third party’s rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity;

i. promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

j. contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);

k. provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;

l. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;

m. contains video, photographs, or images of another person (with a minor or an adult);

n. engages in commercial activities and/or sales without prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual” products related to the Platform. Throughout this Terms, 41GRO’s prior written consent means a communication coming from 41GRO’s Legal Department, specifically in response to your request, and specifically addressing the activity or conduct for which you seek authorization;

o. solicits gambling or engages in any gambling activity which, in sole discretion, believes is or could be construed as being illegal;

p. interferes with another user’s use and enjoyment of the Platform or enjoyment of any similar Services;

q. refers to any website or URL that, in sole discretion, contains material that is inappropriate for the Platform or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms;

r. harm minors in any way;

s. infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;

t. violates any law for the time being in force;

u. deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;

v. impersonate another person;

w. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancel-bots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;

x. 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 any other nation;

y. directly or indirectly, offers, attempts to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;

z. create liability for 41GRO or cause 41GRO to lose (in whole or in part) the Services of our internet service provider (“ISPs”) or other suppliers; aa. 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.

ii. User shall not make any defamatory or denigrating statement(s) about 41GRO, or our brand name or domain name used by 41GRO including the terms [41GRO, , 41GRO.com, and 41GROpay] or otherwise act in any manner that might tarnish the reputation or standing, of 41GRO or Users on the Platform or otherwise tarnish or dilute any of 41GRO’s trademarks, service marks, trading name, or the goodwill associated with them.

iii. User shall at all times ensure full compliance with Applicable Laws.

iv. User shall not attempt to gain unauthorized access to any portion or feature of the Platform (such as profiles, blogs, communities, account information, bulletins, friend request etc.), or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the Services offered on or through the Platform, by hacking, password “mining” or any other illegitimate means.

v. Unless expressly permitted, User shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform, or any network connected to the Platform. User shall not reverse look- up, trace or seek to trace any information on any other User of or visitor to Platform, or any other User, including any account on the Platform not owned by User, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than User’s own information, as provided for by the Platform.

vi. You agree to indemnify 41GRO, its affiliates, directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from or in connection with: (i) your submission, posting or display of any User Content; (ii)  from your use of the Platform or Services; (iii) from your breach of the Terms or breach of any Applicable Laws, including tax laws; (iv) any service availed by you from a third party service provider using any dispute inter- se Users; and/or (vi) your negligence or willful misconduct.

vii. User shall at all times, adhere to our Code of Conduct available here, while engaging with 41GRO and / or the Platform and discharging its obligations under the Terms. 41GRO shall retain the right to audit User to ensure compliance with our Code of Conduct. Accordingly, you should ensure that:

a. You and your employees, sub-contractors, service providers, etc., shall comply with all applicable modern slavery and human trafficking laws in force;

b. you do not, whether directly or indirectly, use any forced/bonded labor or human trafficking in your organization and you do not require your employees, contractors, etc., to maintain monetary deposits or safekeep any identity documents as terms of their service with you;

c. you do not employ whether directly or indirectly, any child labor and all your employees are above the minimum legal age;

d. your employees are provided fair wages and are provided fair working conditions;

e. you are an equal opportunity employer and do not discriminate on grounds of gender, race, religion, caste, or any other socio- economic background;

f. you respect the employee’s right to freedom of association;

g. your employees have the right to leave the employment and are not continuing with the employment under coercion or duress; and

h. your employees have adequate grievance redressal mechanism to raise any concerns related to modern slavery.

7. TRANSACTIONS BETWEEN 41GRO AND BUYER

I. [All Products and Services listed on the Platform will be sold exclusively by 41GRO, and 41GRO will have sole control over any advertisements, exhibitions, offers, or transactions related to the sale or purchase of Products and Services on the Platform.]

II. Upon delivery of the Products, the risk in the Products shall pass to the Buyer. However, the title of Products shall remain with 41GRO until payment for the Products is made. It is hereby clarified that 41GRO shall have no liability or responsibility of any nature whatsoever towards any kind of loss or damage to the Products suffered by you. Buyer acknowledges and undertakes that it is transacting on the Platform at its own risk and is using its best and prudent judgment before entering into any transactions through the Platform.

III. Buyer shall ensure that any Product returned shall be returned in accordance with the ‘Return Shipment Policy’.

IV. All orders placed by the Buyer on the Platform will be deemed as a valid Order by you and 41GRO will, notify through the Platform, the acceptance or non-acceptance of such Order within the timeline solely determined by 41GRO. Upon acceptance, each Order will be a separate and distinct contract for the sale and purchase of Products between the Buyer and 41GRO. The Buyer will not be entitled to make any changes in the Order once it is accepted by us.

V. We reserve the right, at our sole discretion, to refuse or cancel any Order for any reason whatsoever before delivering the Products to you. You can cancel the Order any time before we accept your Order.

VI. The Products shall be sold by 41GRO and purchased by Buyer at the price agreed upon at the time of placing of an Order. Price mentioned on the invoice issued by 41GRO to you shall be final and binding and shall include all taxes, levies, duties and other charges including Goods and Services Taxes (GST) and other local levies prevailing at the time of delivery and shall be charged to your account.

VII. We shall be solely responsible for raising invoices directly to the Buyer for Products sold by

VIII. Buyer agrees that 41GRO shall not be liable for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may occur/ arise as a result of or in connection with any risk related to transaction. Buyer agrees to release and indemnify 41GRO (and our agents, affiliates, employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with any transaction.

IX. Buyer acknowledges that 41GRO shall neither be liable nor responsible for any actions or inactions of the Buyer nor any breach of conditions, representations or warranties of the Products and hereby expressly disclaims any and all responsibility and liability in that regard. The Buyer shall be solely responsible for obtaining all necessary third-party licenses and permissions (if any required under applicable law) regarding the right and authority (if required under applicable laws) to re-sell, trade, re-distribute or export or offer to sell, trade the products or services and such sale, trade, distribution or export or offer does not violate any Applicable Laws.

8. USER’S RESPONSIBILITIES, REPRESENTATIONS AND WARRANTIES 

You represent, warrant and agree that:

I. You are a lawfully incorporated business entity and are fully able and competent to understand and agree to the Terms;

II. You have full power and authority to accept the Terms, to grant the license and authorization (if applicable) and to perform the obligations hereunder;

III. You will use the Platform and Services for business purposes only;

IV. You will not use or access the Platform for your personal purposes and any Products that your purchase shall be for commercial purposes and not for personal consumption;

V. the address you provide when registering your account on the Platform is the User place of business of your business entity;

VI. Your business is validly existing and incorporated / established as per the provisions of Applicable Laws;

VII. You acknowledge and agree that you are solely responsible for:

i. obtaining and maintaining all necessary licenses, registrations, permits, and authorizations required under the Applicable Laws for the purchase, storage, distribution and resale of the Products, as applicable;

ii. purchasing, storing, distribution, selling, handling, and using the Products in compliance with all Applicable Laws including but not limited to Food Safety and Standards Authority of India (FSSAI) and the Drugs and Cosmetics Act, 1940, etc. (to the extent applicable); and

iii. any other Applicable Laws governing the purchase, sale and distribution of Products from the Platform; 

VIII. You shall be solely responsible for obtaining all necessary third-party licenses and permissions (if any required) regarding the User Content submitted, posted or displayed;

IX. any User Content that you submit, post or display does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party;

X. such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of the Platform or any Services is true, accurate, current and complete;

XI. You will maintain and promptly amend all information and material to keep it true, accurate, current and complete;

XII. You may be required to promptly furnish additional documents or information as and when requested by 41GRO to continue using and accessing the Platform and availing the Services. You agree to promptly provide such additional documents and information, failing 41GRO reserves its right to take appropriate measures as set out under Paragraph 7 (Breaches and Suspension) of the General Terms; and

XIII. You consent to the inclusion of the contact information about You in 41GRO’s database and usage of the same as per 41GRO’s privacy policy. 

9. BREACHES AND SUSPENSION

I. If any User breaches any Terms, or if 41GRO has reasonable grounds to believe that a User is in breach of any Terms, or could subject 41GRO or its affiliates to liability, or is otherwise found inappropriate or unlawful in 41GRO’s opinion, 41GRO shall have the right to take such disciplinary actions as it deems appropriate, including without limitation:

i. suspending or terminating the User’s account and any and all accounts determined to be related to such account by 41GRO in its discretion;

ii. blocking, restricting, downgrading, suspending or terminating the subscription of, access to, or current or future use of any Service;

iii. removing any product listings or User Content that the User has submitted, posted or displayed;

iv. withhold settlement of payments by 41GRO to the User;

v. any other corrective actions, discipline or penalties as 41GRO may deem necessary or appropriate in its sole discretion.

II. 41GRO does not pre-screen User Content and 41GRO is under no obligation to pre-screen any such content or information. However, 41GRO may at its discretion and/or in accordance with Applicable Law voluntarily take down any content or information posted by you on the Platform and if 41GRO determines that any content or information is in violation of these Terms, 41GRO may remove such content or information from the Platform without notice. Such actions do not impose any liability on 41GRO with respect to content or information posted, published or transmitted by users on the  Platform.

III. In the event a User becomes inactive or if no transaction is noticed by 41GRO, in such a case 41GRO reserves its right to deactivate or suspend a User’s account in its sole discretion, with or without giving any notice to the User.

IV. 41GRO reserves the right to cooperate fully with governmental authorities, private investigators, injured third parties in the investigation of any suspected criminal or civil wrongdoing and/or any third parties alleging a claim against User. Further, 41GRO may disclose the User’s identity and contact information, if requested by any third party, government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action.

V. If it comes to the knowledge of 41GRO or 41GRO reasonably believes that any User has availed any Services to obtain any Product for its personal use or consumption or for any purpose other than a commercial purpose, 41GRO shall have the right in its sole discretion, without intimation to the User, to take action such as but not limited to suspending or terminating the User’s account and any and all accounts determined to be relation to such account.

10. PAYMENTS

I. Upon placing an Order on the Platform, a Buyer can opt to make payment for the Products purchased by using any of the modes of payment provided by us / our third-party service providers on the Platform, from time to time. However, it is hereby clarified that if the Buyer opts to make payments through any such mode made available by us or any third-party engaged by us for this purpose then we or the third-party engaged by us for the same shall only act in a fiduciary capacity.

II. In connection with processing payments for any Order, your information such as name, bank details, and billing address (“Payment Details”) may be provided either to 41GRO or the third- party payment processor. By providing the Payment Details, you represent, warrant, and covenant that: (i) you are legally authorized to provide such Payment Details; (ii) you are legally authorized to perform payments using such Payment Details; and (iii) such action does not violate the terms and conditions applicable to your use of such Payment Details or Applicable Law. You may add, delete, and edit the Payment Details You have provided from time to time through the Platform.

III. If the Buyers are directed to a third-party payment processor from the Platform, they may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Buyers are requested to review such terms and conditions and privacy policy before using such third-party websites. User(s) providing billing information, delivery address or other contact information of its end user/consumer to 41GRO or other delivery service provider, shall ensure that it has necessary consents and approvals from the respective end user/consumer as may be required under Applicable Laws.

IV. For enabling payment facility for the Buyer using a credit card, 41GRO may charge a convenience fee (including GST) from the Buyer. Such convenience fee (including GST) shall be visible on the payment page at the time of checkout and the convenience fee so charged shall be subject to change at 41GRO’s sole discretion without any further notice. Such convenience fee charged is non-refundable under any circumstances.

V. At the time of placing the Order to purchase Products on the Platform, we may in our sole discretion require Buyer to pay a token amount equivalent to a certain percentage of the value of the Product(s) purchased from 41GRO (“Token Amount”). Such Token Amount payable by the Buyer shall in no event exceed the transaction amount for an Order. The Token Amount shall be non-interest bearing and shall be held in trust by us. This Token Amount shall be adjusted from payment received from the Buyer against the order delivered. In the event of any cancellation of the Order by the Buyer, once the order has been marked ‘ready to ship’; or is marked as Undelivered Shipment as defined under the Undelivered Shipment Policy we may in our sole discretion either:

i. deduct a ‘Cancellation Penalty Fee’; and refund the remaining Token Amount to the Buyer; or

ii. forfeit the Token Amount as ‘Cancellation Penalty’; You agree and acknowledge that our decision in this regard shall be final and binding. If you do not agree to the above, you may choose not to transact on the Platform. If you continue to transact on the Platform, it shall be deemed that you have agreed and accepted the above terms.

VI. Buyer acknowledges that it is solely responsible for the transactions / payments made to 41GRO for the Products purchased by the Buyer. We shall be entitled to verify any transactions authenticated and/or authorized by the Buyer or its payment instructions.

VII. In case the Buyer chooses to make the payments to 41GRO via post-dated cheques (if applicable), the Buyer shall ensure that such post-dated cheques are duly filled and are in the name of 41GRO. If such post-dated cheques are returned to the Buyer due to incorrect information including but not limited to incorrect amount or incorrect date mentioned on the cheque or any other reason whatsoever, in such cases, the Buyer, upon our request, shall replace such post- dated cheques with duly filled new post-dated cheques or make the payment in such other mode as may be communicated to the Buyer, as per the discretion of 41GRO. It is further clarified that in case the Buyer on our request, fails to replace the post-dated cheques with duly filled new post-dated cheques or fails to make the payment in a timely manner, 41GRO shall reserve the right to take legal action against the Buyer. Further, 41GRO shall have the right in its sole discretion, without intimation to the User, to take action such as but not limited to suspending or terminating the User’s account and any and all accounts determined to be relation to such account. The Buyer shall fully indemnify 41GRO against all claims, actions, proceedings and demands including any suits, claims, disputes or such differences that are brought against 41GRO for such failure.

VIII. We further reserve the right to discontinue the provision of the facility of post-dated cheque collection, as per our discretion and without any prior intimation.

IX. If you are user of 41GROpay mobile application, you may be eligible for 41GRO rewards which can be used for settlement of payments undertaken in respect of Orders. The users of 41GROpay mobile application shall be bound by the Terms of Use available here.

X. You hereby acknowledge and agree that 41GRO shall not be liable for failure of any transaction undertaken on Platform for any reason whatsoever including but not limited to (i) your bank account did not contain sufficient funds to complete the transaction; (b) you have not provided the 41GRO with correct Payment Details; (c) your payment card has expired; or (d) circumstances beyond the 41GRO’s reasonable control (such as power outages, interruptions of cellular service, any technical error or any other interferences from an outside force) which prevent the execution of the transaction.

XI. Buyer shall comply with all the applicable regulations/ laws in relation to cash transaction as stipulated under the applicable tax laws.

XII. Any refunds shall be subject to the Shipment Policy, Return Shipments Policy and Undelivered Shipment Policy. Refunds shall be processed in the same manner as they are received. Refund amount will reflect in the Buyer’s bank account based on respective banks policies.

XIII. If you avail service from any third party service provider using the Platform, upon receipt of instruction from such third party service provider, you agree and authorize us to remit and settle such collected payments (after deduction of our fees (if any) and any other charges or taxes applicable under tax laws) to the designated bank account of the third party service provider within such timelines as mentioned in the settlement process. You agree and acknowledge that no separate authorization will be required by us to collect and transfer payment to such third-party service provider.

XIV. 41GRO shall not be responsible for any unauthorized transactions conducted on the Platform using Your Payment Details. 41GRO shall not be obligated to refund any money to You in such instances.

11. WARRANTY AND LIABILITY

The Buyer must inspect the Products upon delivery and report any defects or non-conformance immediately. If 41GRO determines that the issue cannot be resolved, the Buyer may return the affected Products, subject to 41GRO’s approval and return policies. We do not provide any warranties, whether express or implied, including but not limited to warranties of merchantability, quality, fitness for a particular purpose, or durability. To the maximum extent permitted by law, we shall not be liable for any direct, indirect, incidental, or consequential damages arising from the use or purchase of the Products.

12. TRADE CREDIT

HEPL may, at its sole and absolute discretion, extend trade credit for authorized purchases made by eligible Users from HEPL on the Platform. Upon clicking ‘Trade Credit by HEPL’, you agree to be bound by the 41GRO Trade Credit – Terms and Conditions by HEPL available here and any further amendments or additions made to them.

13. DELIVERY

I. We reserve the right to engage the services of third-party service providers to deliver the Products to you. It is hereby clarified that so far as the collection of payments are concerned, such third party shall act in a fiduciary capacity solely for the purposes of collection of payment from you.

II. Upon receipt of Order, we will use our best endeavors to deliver the Products to the User to the delivery address and designated recipient in the Delivery Note. For the avoidance of doubt, the designated recipient may not be the Buyer. We will not verify the identity of the person receiving the Shipment at the designated delivery address, however, we will obtain the  signature of recipient of the Shipment on the Delivery Note. The Buyer hereby authorizes us to contact the Buyer, at any given point of time, by way of calls or SMS or any other method of messaging (Example: WhatsApp) for transactional purposes including but not limited to order confirmations and/or delivering the Order(s). 41GRO will not be responsible for any delay in delivering the order placed by you on the Platform caused due to the incorrect or incomplete address provided by you.

III. At the time of placing the Order, if the Buyer chooses the option, pay ‘cash on delivery’, we will collect the amount pertaining to the Order at the time of delivery of the Products to the Consignee. It is further clarified that if such payments are collected by a third-party service provider, then such third party shall act in a fiduciary capacity solely for the purposes of collection of payment from you.

IV. Consignee(s) are required to behave properly with the pickup and delivery associates of 41GRO. Any misbehavior, unprofessional conduct, verbal and physical abuse is prohibited and will be considered as a violation of these Terms.

41GRO reserves the right to suspend your use or access to the Platform in its sole discretion if deemed that a Buyer is in violation of this clause.

V. Every effort will be made to adhere to the delivery schedule, however, the Shipment may be delayed due to circumstances beyond our reasonable control or due to any force majeure event.

VI. Further, you agree to be bound by the provisions of the Shipment Policy which can be accessed here.

14. UNDELIVERED SHIPMENT

You acknowledge that a delivery failure may occur for various reasons, as set out under the Undelivered Shipment Policy. In relation to the Undelivered Shipments (as defined under the Undelivered Shipment Policy), you agree to be bound by the provisions of the Undelivered Shipment Policy which can be accessed here.

15. RETURNS

In case of any Return Request (as defined under the Return Shipment Policy), you agree to be bound by the provisions of the Return Shipment Policy which can be accessed here.

16. SALE IN INDIA ONLY

Unless otherwise specified, the Products on the Platform are presented solely for the purpose of sale in India. 41GRO makes no representation that the material on the Platform is appropriate or available for use in other locations/ countries other than India. Those who choose to access the Platform from other locations/ countries other than India do so on their own initiative and 41GRO is not responsible for supply of Products/ refund for the Products ordered from other locations/ countries other than India and compliance with local laws, if and to the extent local laws are applicable.

17. DATA PROTECTION

Personal information supplied by User(s) during the use of the Platform is governed by 41GRO’s privacy policy which can found here.

18. LIMITATION OF LIABILITY AND INDEMNITY

I. To the maximum extent permitted by law, the Services provided by 41GRO on or through the Platform are provided “as is”, “as available” and “with all faults”, and 41GRO hereby expressly disclaims any and all warranties, express or implied, including but not limited to, any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. All such warranties, representations, conditions, and undertakings are hereby  excluded.

II. 41GRO procures Products from third-party vendors and offers them on the Platform. 41GRO has endeavored to ensure that all the information on the Platform is accurate. However, 41GRO makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability, completeness or accurateness of any information provided on or through the Platform; 41GRO does not represent or warrant that the manufacture, importation, export, distribution, offer, display, purchase and/or use of Products or Services offered or displayed on the Platform does not violate any third party rights; and 41GRO makes no representations or warranties of any kind concerning any product or service offered or displayed on the Platform. Except as provided herein, to the fullest extent permissible by Applicable Law, the aggregate liability of 41GRO for any claims that may arise in connection with these Terms shall not exceed an amount of INR 1000/-.

III. Under no circumstances will 41GRO be liable for any consequential, incidental, special, exemplary or punitive damages, including but not limited to any lost profits that result from your purchase of any products on platform or any services availed, even if 41GRO has been advised of the possibility of such damages. 

19. FORCE MAJEURE

Under no circumstances shall 41GRO be held liable for any losses, delay or failure or disruption of the Platform Content or Services delivered through the Platform resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, epidemics, pandemics, curfews, lock-down, orders of domestic or foreign courts or tribunals or non-performance of third parties.

20. INTELLECTUAL PROPERTY RIGHTS

I. 41GRO is the sole owner or lawful licensee of all the rights and interests in the Platform and the Platform Content. All title, ownership and intellectual property rights in the Platform and Platform Content shall remain with 41GRO or licensors of the Platform Content, as the case may be. All rights not otherwise claimed under the Terms or by 41GRO are hereby reserved.

II. “41GRO” and any other related icons and logos are registered trademarks of HEPL, in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited. 

III. 41GRO may, at its sole discretion, permit the User(s) of the Platform, in writing, to use “41GRO” and any other related icons and logos for indicative purposes in the form and manner and terms and conditions as maybe agreed by 41GRO.

IV. You shall be solely responsible for User Content posted or transmitted on the Platform and shall indemnify 41GRO against any claim or liability arising from any User Content or information posted or transmitted by You on the Platform.

V. You grant us non-exclusive, worldwide, perpetual, royalty free and transferable license to use, modify, adapt, enhance, refine, transform, and create derivative works of such User Content, including but not limited to the use of generative AI technologies, tools, or services. This license includes, but is not limited to, the right to use, modify, enhance, or create derivative works of the User Content for any purpose, including, without limitation, promotional, advertising, and marketing purposes, across any media, whether now known or hereafter devised. We shall be entitled to use the User Content, consistent with our Privacy Policy and these Terms as adopted in accordance with Applicable Laws. You are not entitled to any payment or compensation for such usage.

VI. We respect the intellectual property of others. In case you feel that your trademark has been infringed, or your work has been copied in any way that constitutes copyright infringement, you can communicate the same to 41GRO on details provided in Paragraph 23 ‘Grievance Mechanism’.

21. NOTICES

I. All legal notices or demands to or upon 41GRO shall be made in writing and sent to 41GRO personally, by courier, certified mail, or facsimile to the following entity and address: Hive loop E-Commerce Private Limited, 1st Floor of South Wing “TWA – SJR – The Hub” situated at Survey Number 8, 2 & 9, Sarjapur Main Road, Sarjapur – Marathahalli Road, Bellandur, Bengaluru, Karnataka PIN- 560102, India, Attn: Legal Department. The notices shall be effective when they are received by 41GRO in any of the above-mentioned manner.

II. All legal notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to 41GRO, or SMS, WhatsApp messages, or in-app notifications, or by posting such notice or demand on an area of the Platform that is publicly accessible without a charge or through such other mode of communication as 41GRO may deem fit in its discretion. Notice to a User shall be deemed to be received by such User if and when, a) 41GRO is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or b) immediately upon 41GRO posting such notice on an area of the Platform that is accessible by the User or publicly accessible without charge.

22. MISCELLANEOUS PROVISIONS

I. Unless otherwise communicated to you by 41GRO, the Terms constitute the entire agreement between User and 41GRO and govern the User’s use of the Platform and any of the Services. The Terms shall supersede any prior written or oral agreements that you may have had in relation to the use of the Platform and any of the Services.

II. Unless stated otherwise, we will be your one stop solution for all the services (except credit) on the Platform with effect from 00:00 hours on 7th  April 2025 (“Cut-Off Date”), and any new transactions on the Platform shall be governed by these Terms. It is clarified that, any transaction made by you on the Platform before the Cut-Off Date shall be governed by your arrangements with the relevant parties (i.e., third party service providers) as existing prior to the Cut Off Date. The erstwhile terms of use are available here.

III. 41GRO and User are independent contractors, and no agency, partnership, joint venture, employee-employer relationship is intended or created by the Terms. The relationship between you and us is one of independent contractors, and nothing contained in these Terms will be construed to (a) give either party the power to direct and control the day-to-day activities of the other, (b) constitute the parties as partners, joint ventures, co-owners or otherwise as participants in a joint or common undertaking, or (c) allow you to create or assume any obligation on our behalf for any purpose whatsoever.

IV. If any provision of the Terms is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced.

V. 41GRO’s failure to enforce any right or failure to act with respect to any breach by User under the Terms will not constitute a waiver of that right nor a waiver of 41GRO’s right to act with respect to subsequent or similar breaches.

VI. 41GRO shall have the right to assign the Terms (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms to any person or entity (including any affiliates of 41GRO). User may not assign, in whole or part, the Terms to any third party or person.

VII. The Terms shall be governed by the laws of India and the parties to the Terms agree to submit to the exclusive jurisdiction of the courts of Patna, Bihar, India.

23. CUSTOMER SUPPORT:

Email Id: info@41gro.com

Support channel: The Buyer shall directly connect or request  callback from the 41GRO customer support team

PRIVACY POLICY

This Privacy Policy (“Privacy Policy”) governs how First 41 Business Private Limited (“41GRO” “we”, “us” or “our”) through of [www.41gro.com] website and 41GRO mobile application, (“Platform”) processes, uses, collects, discloses, transfers, stores, and retains user’s (“User”, “you” or “your”) information. 41GRO recognizes the importance of privacy as well as the importance of maintaining the confidentiality of User Data (defined hereunder). The Platform enables purchase of Products and extension of Services to the Users as specified in the Terms of Use. By downloading, and using the Platform, and/or, providing your information for availing our Services, you expressly agree to be bound by this Privacy Policy and the applicable Terms of Use. We value the trust you place in us and respect your privacy, maintaining the highest standards for secure transactions and protection of User Data (defined hereunder). You are requested to review the Privacy Policy from time to time to keep yourself updated with any changes; modifications made to terms hereof. All capitalized terms not defined in this document shall have the meanings ascribed to them in the Terms of Use, which can be found here.

1. CONSENT

By using the Platform and the Services, you agree and consent to collection, transfer, use, storage, disclosure, and sharing of your information as described and collected by us in accordance with this Policy. If you do not agree with the Policy, please do not use or access the Platform.

2. USER DATA AND PURPOSE OF COLLECTION

Personal data is information that enables us to identify any natural person (including you) or relates to an identified or identifiable natural person (“Personal Data”). When you access or use the Platform you may provide, or we may collect information that may specifically identify You or any other individual, this may also include sensitive personal data or information such as financial information as detailed below. Your privacy is important to us and we have taken steps to ensure that we do not collect more information from you than is necessary for to us to provide you Services and to protect your account.

Given below are the types of information (“User Data”) We may collect:

1. Personal /Registration Information

Information including, but not limited to, User(s) name, address, phone number email address, gender, date and/or year of birth, geographical location, PAN Number, GSTIN, and User preferences may be collected at the time of User registration on the Platform.

2. Account Information

Information, including but not limited to, bank account numbers, billing and delivery information, and tracking information from cheques or money orders.

3. Activities Information

Information relating to communication or transactions including, but not limited to, the types and specifications of the goods, and delivery information, any dispute records and any information disclosed in any communication forum provided by us and/or other affiliated companies of 41GRO.

4. Browsing Information

Records of your browsing or buying activities on Platform including but not limited to IP addresses, browsing patterns and your behavioral patterns, and cookies or similar technologies. In addition, we gather statistical information about the Platform and visitors to the Platform including, but not limited to, IP addresses, browser software, operating system, software and hardware attributes, pages viewed, number of sessions and unique visitors.

5. Access to SMS

We will collect your Short Messaging Service (SMS (es)) that are stored on your device for the purposes of, including but not limited to, registering you and your device for payments services, and One Time Passwords (OTPs) for logins and payments, this also includes OTP sent to you by 41GRO.

6. Log & Usage Information

We may collect data about how you interact with the services offered by Platform. This includes data such as access dates and times, crashes and other system activity, and names of relevant third-party services used pursuant to interacting with our services.

7. Information collected for Third Party Analytics services

We may use third-party analytics services to collect information about how you use and interact with our Platform. These services may use cookies to gather information about your usage. We use these analytics to understand how people use our Platform, to improve it, and to customize the content and features based on user interests. However, no personally identifiable information or payment-sensitive information is shared or used for such analytical purposes.

In addition to the purposes outlined above, you may also voluntarily provide Personal Data to us such as images, remarks, feedbacks etc. This is completely optional, and we will use this Personal Data in connection with the purpose for which it was collected, or to improve our Products and Services. If you voluntarily submit any information to the Platform through the publishing tools, then you are deemed to have given consent to the publication of such information on the Platform. User(s) should exercise caution when deciding to include personal or proprietary information in the voluntary information that User(s) submits to 41GRO or uploads on the Platform.

Moreover, to the extent that Personal Data you share with us is not your own (i.e., for example, you are a representative of an User of the Platform, or are sharing information on behalf of an employer, representative, or family member), you warrant that you have the right to provide such Personal Data, and you and the business with which you are associated shall be fully responsible for any liability arising from any such use of Personal Data, including indemnifying 41GRO for any loss. 

If you share Personal Data with us that is not your own, you agree to inform such persons which may include your agents, employer, or any authorized personnel (e.g., contractors, partners, or authorized third parties): (i) that their Personal Data may be processed by us; and (ii) of their rights regarding the processing of their Personal Data in accordance with this Privacy Policy and the Applicable Laws.

To the extent possible, we provide you the option of not divulging any specific information that you wish for us not to collect, store or use. You may choose to opt out of any non-essential communications from 41GRO by communicating the same to our Grievance Officer. Depending on the particular product and/or service, some of the information we ask you to provide is identified as mandatory and some is identified as voluntary. If you do not provide the mandatory information for a particular product and/or service that requires it, you will not be permitted to avail such product and/or service.

Further, we may collect data that is not identifiable to you or otherwise associated with you, such as aggregated data, which is not Personal Data. We will not attempt to identify you from this data. To the extent this data is not identifiable or associated with any person it is not subject to this Privacy Policy.

3. DISCLOSURE OF USER DATA

We may share or disclose User Data only as permissible under Applicable Laws and as per terms of this Privacy Policy. We may share your personal information in the course of providing Services and processing your transactions and other instructions with different persons and entities such as affiliates or group companies, financial institutions, vendors, service providers, logistic partners, other entities participating in a payment system, business associates, government and regulatory authorities, consultants and internal departments. We take reasonable efforts to ensure that such third-party has implemented measures to assure protection of data and follow practices at least as protective as those described in this Privacy Policy. This sharing of User Data is on a need-to- know basis. Some of these third-parties include:

a. Third Party Service Providers: User Data may be shared with third party service providers (including but not limited to data entry, database management, promotions, products and services alerts,  delivery services, payment extension services, authentication and verification services and logistics services) (“Service Providers”). These Service Providers are under a duty of confidentiality to 41GRO and are only permitted to use User Data in connection with the purposes specified in paragraph 2 herein above.

b. Intra Group transfer of Data: We may disclose and transfer User Data to 41GRO’subsidiaries, affiliated companies and/or their designated service providers.

c. Sharing pursuant to Legal Obligations: We may also disclose and transfer User Data to our professional advisers, law enforcement agencies, insurers, government and regulatory and other organizations, when we believe in good faith that such transfer is necessary to comply with applicable law including to: (i) conform to legal requirements or comply with legal process; (ii) protect rights or property or affiliated companies; (iii) fraud protection and credit risk reduction; (iv) prevent a crime or in interest of national security; or (v) protect personal safety of our Users or the public. We may also disclose Your personal information to enforce or apply Our Terms and other agreements; or protect the rights, property or Our safety, safety of Our Users or others.

d. Improving our Business: We may use and share User Data to analyze usage trends, improve our services, develop new features, and enhance user experience. This may include sharing information with our subsidiaries, affiliates, service providers, advertising agencies, or business partners who assist us in optimizing our Platform, conducting research, implementing business improvements, or delivering relevant advertisements and marketing communications.

e. We may also transfer User Information to a potential buyer, acquirer, transferee, assignee, merger partner or their advisors in connection with a sale, transfer, merger, consolidation or purchase of some or more of our assets or businesses or in exploration of such transaction, as well as any restructuring or rearrangement of our operations and business.

4. MINORS
We do not knowingly collect, process, or store Personal Data of individuals under the age of 18 years. Our Services are intended for use only by individuals who have attained the age of majority and are legally permitted to engage in financial transactions under Applicable Laws.

If we become aware that Personal Data of a minor has been collected without verifiable parental consent, we will take appropriate steps to delete such data.

Parents or legal guardians who believe that a minor has provided their Personal Data may contact us at details provided in Paragraph 11 to request deletion or exercise any other rights under Applicable Law.

Minors are advised not to use Platform or provide any personal information. By accessing and using our services, you confirm that you are at least 18 years of age or have obtained parental/legal guardian consent where required.

5. USER RIGHTS
In accordance with Applicable Laws, you may be entitled to a variety of legal rights regarding the collection and processing of your Personal Data. You may exercise these rights, either directly through the functionalities provided on the Platform or by contacting us as outlined in the section ‘Grievance Officer’ at the end of this Privacy Policy. We may request certain
additional information (that may include Personal Data) that may be reasonably required to authenticate your identity, your request, and/or to clarify or understand the scope of such requests. The rights available to
Users include:

a. The right to know if we process your Personal Data and the purposes of processing;

b. The right to be informed about the Personal Data we collect and/or process about you;

c. The right to know the details of the persons with whom we have shared your Personal Data, including the Personal Data shared and the purposes of sharing your Personal Data;

d. The right to access, modify, update, complete, correct Personal Data about you;

e. The right to request for erasure and/or the right to be forgotten, which means that you can request deletion or removal of certain Personal Data we process about you;

f. Where processing of Personal Data is based on consent, the right to withdraw your consent to such processing; and

g. Right to nominate a person to exercise your rights hereunder in case of death or incapacity.

6. WITHDRAWAL OF CONSENT

41GRO takes all reasonable steps to ensure that User’s personal information is processed ‘as is’. You have an option to withdraw your consent that you have already provided by writing to us at the contact information provided below. Please mention “for withdrawal of consent” in the subject line of your communication. 41GRO will verify such requests before acting upon your request.

Please note, however, that withdrawal of consent will not be retroactive and will be in accordance with the terms of this Privacy Policy, related terms of use, and Applicable Laws. In the event you withdraw the consent given to us under this Privacy Policy, such withdrawal may hamper your access to the Platform or restrict the provision of our Services to you for which 41GRO consider that information to be necessary.

7. RETENTION OF DATA

41GRO retains your personal information in accordance with Applicable Laws, for a period no longer than is required for the purpose for which it was collected or as required under any Applicable Law. However, 41GRO may retain data related to you if it believes it may be necessary for the following reasons:

a. To prevent fraud or future abuse;

b. To respond to a question or complaint, or to show whether we gave you fair treatment;

c. To establish, exercise or defend our legal claims rights and/or defend against legal claims or if required by law or for other legitimate purposes;

d. To comply with legal rules that apply to us about keeping records or information in which case we will retain your data for a minimum of 3 (three) years after your account has been terminated or longer depending on Applicable Laws; and

e. 41GRO may continue to retain your data in anonymized form for analytical and research purposes.

8. SECURITY MEASURES

41GRO employs commercially reasonable security methods to prevent unauthorized access to the Platform, to maintain data accuracy and to ensure the correct use of the information 41GRO holds. No data transmission over the internet or any wireless network can be guaranteed to be perfectly secure. As a result, while 41GRO tries to protect the information 41GRO holds, 41GRO cannot guarantee the security of any information the User transmits to 41GRO and User(s) do so at their own risk.

Our servers are located within the territory of India, where your data is stored securely.

The Platform intends to protect your Personal Data to maintain its accuracy as confirmed by you. We implement reasonable physical, administrative, and technical safeguards to help us protect your personal information from unauthorized access, use and disclosure. Please note that we will not ask you to share any sensitive data or information such as account / login / passwords / financial information (bank details, OTPs etc.) and other sensitive personal information via email / telephone / SMS / link. Please do not share such information with any person.

41GRO endeavours to safeguard the confidentiality of your Personal Data, however, transmissions made by means of the internet cannot be made absolutely secure. 41GRO will have no liability for disclosure of your information due to errors in transmission and / or unauthorized acts of third-parties.

9. CHANGES TO THIS PRIVACY POLICY

Any changes to this Privacy Policy will be communicated by us posting an amended and restated Privacy Policy on the Platform. Once posted on the Platform the new Privacy Policy will be effective immediately. Your continued use of the Platform shall be deemed to be your acceptance to the provisions of the Privacy Policy. User(s) agrees that any information 41GRO hold about User (as described in this Privacy Policy and whether or not collected prior to or after the new Privacy Policy became effective) will be governed by the latest version of the Privacy Policy. 

10. In the event you wish to report a breach of the Privacy Policy, you may contact the Company at:

info@41gro.com

11. CUSTOMER SUPPORT:

Email Id: info@41gro.com

Support channel: The Buyer shall directly connect or request a callback from the 41GRO customer support team

Return Shipments Policy

This Return Shipments Policy (“Policy”) governs the return request raised in relation to Orders placed (“Return Request”) with First 41 Business Private Limited (including its subsidiaries, group companies, and affiliates, as may also be referred to as “we”, “us”, “our” or “41GRO” hereinafter, as the context requires) by the Buyer (“User”, “Buyer”, “you”, “your”) through [www.41gro.com] website and 41GRO mobile application (“Platform”) and the mechanism for resolution of disputes raised in relation to the Return Requests.