Terms of Use

1. Agreement to these terms

These Terms of Use (“Terms”) govern your access to and use of the websites balajiagrochem.com and bacf.org.in (the “Website”) operated by Balaji Agro Chemicals & Fertilizers (“BACF®”, “we”, “us”, “our”), a sole proprietorship firm with its principal place of business at B014, Gopalpur Industrial Area, Sikandrabad, Uttar Pradesh 203205, India.

By accessing or using the Website, you agree to be bound by these Terms, our Privacy Policy, Disclaimer and Cookie Policy, which form part of these Terms. If you do not agree, you must not use the Website.

These Terms are an electronic record under the Information Technology Act, 2000 and the rules made under it, and do not require a physical or digital signature.

2. Eligibility

You may use the Website only if you are at least 18 years old and competent to contract under the Indian Contract Act, 1872. If you use the Website on behalf of a business, you confirm that you are authorised to bind that business to these Terms.

3. Nature of the Website

The Website provides information about our company, brands and products, general agricultural information, a dealer locator, and ways to contact us. Unless expressly stated otherwise, the Website is not an online store, and no contract for the sale of goods is formed through the Website.

Products are sold through our authorised dealers and distributors, or under a separate written agreement or invoice with us. Those sales are governed by the terms of the relevant invoice, agreement and the product label, which prevail over anything on the Website.

4. Product information and labels

We try to keep product descriptions, specifications, pack sizes, prices and images accurate, but they are provided for general information and may change without notice. Images and illustrations are representative; actual packaging may differ.

Prices shown are indicative maximum retail prices (MRP), inclusive of applicable taxes unless stated otherwise, and may change without notice. The price and terms on your invoice apply.

The label and leaflet on the product pack are the authoritative source for composition, dose, method and time of application, crop suitability, precautions, storage and first aid. In case of any difference between the Website and the label, the label prevails. You must read and follow the label before use.

5. Information is not professional advice

Guides, articles, FAQs, crop calendars, recommendations from the Product Finder and any other content on the Website are general information compiled in good faith, including from publicly available and open sources. They are not a substitute for advice from a qualified agronomist, your local Krishi Vigyan Kendra, a soil test, or other professional advice for your specific circumstances. Please read our Disclaimer, which forms part of these Terms.

6. Dealer listings and dealer applications

Dealers and distributors shown on the Website are independent businesses. They are not our employees, agents, franchisees or partners in law, and they act on their own account. We do not guarantee their availability of stock, prices, conduct, advice, services or business hours, and we are not responsible for any transaction between you and a dealer.

Listings, addresses, contact details and distances are provided for convenience and may be incomplete or out of date. Distances are approximate and calculated in a straight line.

Submitting a dealer, distributor or institutional enquiry does not create any obligation on us to appoint you, supply you or enter into any agreement. Any appointment or supply arrangement will be governed only by a separate written agreement signed by us.

7. Your use of the Website

You agree not to:

• use the Website for any unlawful, fraudulent or harmful purpose, or in breach of these Terms;
• provide false, misleading or incomplete information, or impersonate any person or business;
• copy, scrape, harvest, frame, mirror, reproduce, sell or commercially exploit any part of the Website or its data, including the dealer directory, without our prior written consent;
• use our name, brands, logos or product names in a way that suggests a connection with or endorsement by us, or to sell counterfeit, imitation or diverted products;
• post or transmit any content that is defamatory, obscene, infringing, or that contains viruses or harmful code;
• attempt to gain unauthorised access to the Website, our systems or other users’ data, or interfere with the Website’s security or operation, including through excessive automated requests;
• reverse engineer, decompile or otherwise attempt to extract the source code of the Website, except as permitted by law.

We may suspend or block access to the Website, and take legal action, against any user who breaches these Terms.

8. Information you send us

You are responsible for the accuracy of information you submit. By submitting suggestions, feedback, photographs or other material to us (other than personal data, which is governed by our Privacy Policy), you grant us a non-exclusive, royalty-free, perpetual, worldwide licence to use it for the purpose of providing and improving our products and services, and you confirm that you have the right to grant this licence.

9. Intellectual property

The Website and all its content — including text, guides, illustrations, diagrams, photographs, graphics, logos, product names, page designs, software and the arrangement of these — are owned by or licensed to us and are protected by the Copyright Act, 1957, the Trade Marks Act, 1999 and other laws. Nutricrop® and Urbankhetti®, “Balaji Agro” and our logos are our trademarks.

You may view and print pages for your personal, non-commercial use, provided you do not remove any copyright or other notices. No other right or licence is granted to you. Any other use requires our prior written consent.

10. Third-party links and services

The Website may contain links to, or features provided by, third parties — including maps and directions, WhatsApp, email and government websites. We do not control and are not responsible for their content, availability, accuracy or privacy practices. Your use of them is at your own risk and subject to their terms.

11. Availability of the Website

We may change, suspend or discontinue any part of the Website at any time without notice. We do not guarantee that the Website will be available at all times, uninterrupted, timely, secure or error-free, or free of viruses or other harmful components.

12. Disclaimer of warranties

To the maximum extent permitted by law, the Website and all content on it are provided on an “as is” and “as available” basis, without warranties of any kind, express or implied, including warranties of accuracy, completeness, merchantability, fitness for a particular purpose, title and non-infringement.

Nothing in these Terms excludes or limits any warranty or right that cannot be excluded or limited under applicable law, including your statutory rights as a consumer under the Consumer Protection Act, 2019.

13. Limitation of liability

To the maximum extent permitted by law:

• we are not liable for any loss or damage arising from your use of, or reliance on, the Website or its content, including any agricultural, financial or business decision made on the basis of it;
• we are not liable for any indirect, incidental, special, consequential or punitive loss, or for any loss of crop, yield, produce, profit, revenue, business, goodwill or data, however arising;
• we are not liable for losses resulting from misuse of a product, failure to follow the label, improper storage, use of expired products, use on crops or conditions not recommended, weather, pests, diseases, soil conditions or other factors outside our control;
• we are not liable for any act, omission, product, advice or service of a dealer, distributor or other third party;
• our total aggregate liability arising out of or in connection with the Website shall not exceed one thousand rupees (₹1,000), and our liability in connection with any product shall not exceed the price actually paid for that product.

Nothing in these Terms limits liability that cannot be limited by law, including liability for fraud or for death or personal injury caused by our negligence.

14. Indemnity

You agree to indemnify and hold harmless BACF®, its proprietor, employees and agents from and against any claims, losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of your breach of these Terms, your misuse of the Website or any product, your violation of any law, or your infringement of any third-party right.

15. Force majeure

We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including natural disasters, floods, extreme weather, epidemics, war, riots, strikes, government action, shortage of raw materials or transport, power or internet failure, or failure of service providers.

16. Governing law and disputes

These Terms are governed by the laws of India.

If a dispute arises, please contact us first so we can try to resolve it amicably. If it is not resolved within thirty (30) days, it shall be subject to the exclusive jurisdiction of the competent courts at Bulandshahr, Uttar Pradesh, without prejudice to any right you may have as a consumer to approach a Consumer Commission under the Consumer Protection Act, 2019.

Any dispute with a dealer, distributor, institutional buyer or other business user arising out of or in connection with the Website shall, if not resolved amicably within thirty (30) days, be referred to arbitration by a sole arbitrator appointed by BACF® under the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be Bulandshahr, Uttar Pradesh, and the language shall be English.

17. General

• Changes: we may revise these Terms at any time by posting an updated version on the Website. Your continued use after the update means you accept the revised Terms.
• Severability: if any provision is found invalid or unenforceable, the remaining provisions remain in full force.
• No waiver: our failure to enforce a right is not a waiver of that right.
• Assignment: you may not transfer your rights under these Terms. We may assign ours, including in connection with a reorganisation or transfer of our business.
• Entire agreement: these Terms, together with the policies they refer to, are the entire agreement between you and us about the Website.
• Language: if these Terms are translated, the English version prevails.

18. Contact

For questions about these Terms, contact us at [email protected] or +91 94122 13305, or write to B014, Gopalpur Industrial Area, Sikandrabad, Uttar Pradesh 203205, India.