TERMS & CONDITION
1. INTERPRETATION AND DEFINITIONS
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions shall have the meanings ascribed to them:
- "Company" means Fizito Envirotech Pvt. Ltd., a Private Limited Company registered under the Companies Act, 2013, having its registered office at Shop 156, First Floor, Vision 9 Mall, Pimple Saudagar, Pune, Pimpri-Chinchwad, Maharashtra 411027.
Office No. 408, 4th Floor, Kohinoor B Zone Building, Beside Vijay Sales, Opposite City One Mall, Old Mumbai–Pune Highway, Chinchwad, Pune 411018.
, Pune, India, along with its affiliates, subsidiaries, and successors.
- "Website" means the official website of the Company accessible at www.fizitoenvirotech.com and all pages, subpages, and content thereon.
- "Products" means the bio-inoculum products, bio-culture products, and related environmental technology solutions offered by the Company, including but not limited to liquid, sprayable bio-inoculums used for decomposition, ETP/STP (Effluent Treatment Plant/Sewage Treatment Plant) treatment, and improvement of soil organic matter, as described on the Website.
- "Services" means all services provided by the Company including product delivery, technical consultation, after-sales support, and guidance for product use.
- "Customer" or "You" means any individual, business entity, organization, or institution that accesses the Website, views Products, places orders, or engages with the Company's Services.
- "Order" means a Customer's written or electronic request to purchase Products or Services from the Company through the Website or other authorized channels.
- "Agreement" means the totality of these Terms and Conditions, the Privacy Policy, and all other terms, conditions, policies, and procedures published on the Website.
- "Goods" refers to the physical Products being ordered and delivered to the Customer.
- "Writing" includes email, electronic communication, letters, SMS, and other comparable means of digital communication.
1.2 Headings in these Terms and Conditions are for convenience only and do not affect their interpretation or legal meaning.
1.3 References to statutory provisions include any amendments, re-enactments, or extensions thereof made at the relevant time.
2. BASIS OF CONTRACT AND ACCEPTANCE OF TERMS
2.1 Applicability
These Terms and Conditions constitute the entire agreement between the Company and the Customer regarding the access, use, and purchase of Products and Services from the Website. They govern all transactions, orders, and interactions between the Customer and the Company.
2.2 Acceptance
By accessing the Website, browsing Products, placing an Order, or using any Services provided by the Company, you expressly agree to be bound by these Terms and Conditions. If you do not agree to all provisions herein, you are prohibited from accessing or using the Website or Services.
2.3 Modification of Terms
The Company reserves the right to modify, amend, or update these Terms and Conditions at any time without prior notice. Modified terms shall become effective immediately upon posting on the Website. Your continued use of the Website following such modifications constitutes your acceptance of the updated Terms and Conditions. It is your responsibility to review these Terms regularly for changes.
2.4 No Variation
No variation to these Terms and Conditions shall be binding unless agreed in Writing by authorized representatives of both the Company and the Customer. Any verbal or informal agreements are superseded by these written Terms.
3. WEBSITE ACCESS AND USE
3.1 License Grant
The Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for lawful purposes, subject to these Terms and Conditions and all applicable laws.
3.2 Eligibility
By accessing the Website, you represent and warrant that:
(a) You are at least 18 years of age or the age of majority in your jurisdiction, whichever is greater;
(b) You have the legal authority to enter into binding contracts;
(c) You are not a person or entity prohibited by applicable law from entering into transactions with the Company;
(d) All information provided by you is accurate, true, and complete.
3.3 Permitted Use
You agree to use the Website only for lawful purposes and in accordance with these Terms. You shall not:
(a) Reproduce, duplicate, copy, or transmit any content from the Website without express written permission;
(b) Engage in any form of harassment, abuse, or violate the rights of others;
(c) Attempt to gain unauthorized access to the Website, servers, or systems;
(d) Upload, transmit, or distribute viruses, malware, or harmful code;
(e) Use automated systems, bots, or scrapers to access or extract data from the Website;
(f) Engage in any commercial activity without prior authorization;
(g) Reverse engineer, decompile, or attempt to derive source code or methodologies;
(h) Violate any applicable laws, regulations, or third-party rights.
3.4 Intellectual Property Rights
All content on the Website, including but not limited to text, graphics, logos, images, videos, software, and designs, is the exclusive property of the Company or its licensors and is protected under Indian Copyright Act, 2010, and other applicable intellectual property laws. Unauthorized use is strictly prohibited.
3.5 User Content
If you submit content, feedback, suggestions, or ideas to the Company through the Website or other channels, you grant the Company a worldwide, royalty-free, perpetual license to use, modify, reproduce, and distribute such content without compensation or attribution.
4. PRODUCTS AND DESCRIPTIONS
4.1 Product Information
The Company endeavors to provide accurate, detailed, and comprehensive information regarding all Products, including specifications, usage, benefits, and applications. However, Product descriptions, images, pricing, and availability information on the Website are subject to change without notice.
4.2 Product Specifications
The liquid, sprayable bio-inoculum Products are designed for specific applications including but not limited to:
(a) Decomposition and waste management in industrial and municipal settings;
(b) Effluent Treatment Plant (ETP) and Sewage Treatment Plant (STP) optimization;
(c) Enhancement of soil organic matter and microbial activity;
(d) Environmental remediation and bioremediation applications.
The Company provides detailed product datasheets, technical documentation, and usage guidelines. Customers are responsible for reviewing these documents and determining Product suitability for their specific application.
4.3 Product Limitations
(a) The Company does not warrant that Products will achieve specific results in all conditions or applications;
(b) Product performance depends on proper storage, handling, application, and environmental conditions;
(c) Results may vary based on site-specific conditions, climate, soil composition, water chemistry, and other factors beyond the Company's control.
4.4 Use According to Instructions
Customers must use all Products strictly in accordance with the accompanying instructions, technical documentation, safety data sheets (SDS), and guidelines provided by the Company. Failure to follow instructions may result in reduced efficacy, product damage, or potential safety hazards.
5. ORDERING AND ORDER CONFIRMATION
5.1 Order Process
(a) Customers may place Orders through the Website, email, or other authorized channels specified by the Company;
(b) Submission of an Order constitutes an offer to purchase Products on the terms specified;
(c) The Company reserves the right to accept or reject any Order at its sole discretion;
(d) The Company may request additional information, verification, or documentation before confirming an Order.
5.2 Order Confirmation
(a) Upon acceptance by the Company, an Order confirmation email shall be sent to the Customer's registered email address;
(b) Order confirmation constitutes acceptance of the Customer's offer and formation of a binding contract;
(c) Order details including quantity, specifications, pricing, and delivery information shall be specified in the confirmation;
(d) The Customer should verify Order details and notify the Company immediately of any discrepancies.
5.3 Order Cancellation and Modification
(a) Customers may request cancellation or modification of Orders within 24 hours of Order placement;
(b) Requests beyond 24 hours are subject to the Company's acceptance and may incur cancellation charges;
(c) Cancellations after shipment are not permitted; however, return requests may be considered under the Return Policy.
5.4 Product Availability
The Company does not guarantee continuous availability of all Products. In case of unavailability, the Company shall:
(a) Notify the Customer as soon as possible;
(b) Offer alternatives where available;
(c) Proceed with refund or credit note issuance if requested by the Customer.
6. PRICING, PAYMENT, AND BILLING
6.1 Pricing
(a) All prices displayed on the Website are in Indian Rupees (INR) unless otherwise specified;
(b) Prices are subject to change without notice and are valid only at the time of Order placement;
(c) Prices are exclusive of applicable taxes, shipping charges, and other levies unless stated otherwise;
(d) The Company may offer promotional pricing, discounts, or special offers at its discretion and may withdraw such offers at any time;
(e) Bulk orders and customized Products may be subject to negotiated pricing and separate quotations.
6.2 Taxes and Duties
(a) All applicable Goods and Service Tax (GST), customs duties, import/export taxes, and other governmental levies shall be the responsibility of the Customer;
(b) GST at the applicable rate shall be added to the invoice unless the Customer provides a valid GST exemption certificate;
(c) For international orders, the Customer is responsible for all applicable import duties, customs clearance, and local taxes.
6.3 Payment Methods
(a) The Company accepts payment through various methods including bank transfers, credit/debit cards, digital wallets, and other online payment gateways integrated on the Website;
(b) Payment must be received before shipment unless credit terms have been specifically agreed in Writing;
(c) The Company processes payments through secure, encrypted payment gateways compliant with Payment Card Industry (PCI) standards.
6.4 Payment Security
(a) All payment transactions are processed through secure encrypted channels;
(b) The Company does not store complete credit card details; payment information is handled by certified payment service providers;
(c) Customers are responsible for maintaining the confidentiality of login credentials, passwords, and payment information.
6.5 Invoicing
(a) Tax invoices shall be issued for all Orders and shall be provided electronically or in hard copy upon request;
(b) Invoices shall contain all required statutory information as per GST Act, 2017, and other applicable laws;
(c) Invoices shall be issued in the name of the Company and shall be the official record of the transaction.
6.6 Payment Disputes
In case of payment disputes, the Customer must notify the Company in Writing within 30 days of the transaction. The Company shall investigate and address legitimate disputes promptly.
7. DELIVERY AND SHIPPING
7.1 Delivery Terms
(a) Delivery dates and timeframes provided are estimates and not guarantees;
(b) The Company shall make reasonable efforts to meet stated delivery dates but shall not be liable for delays caused by factors beyond its control;
(c) Delivery shall be to the address specified in the Order unless otherwise agreed in Writing.
7.2 Shipping and Logistics
(a) Products shall be packaged appropriately to withstand normal handling and transportation;
(b) For bulk orders or specific applications, the Company may arrange specialized packaging and transportation;
(c) The Customer is responsible for receiving and accepting delivery; refusal or non-receipt may result in restocking charges.
7.3 Risk of Loss
(a) For domestic deliveries, risk of loss transfers to the Customer upon delivery to the authorized carrier;
(b) For international deliveries, risk transfers at the port of shipment;
(c) The Company shall not be liable for loss, damage, or deterioration of Products after delivery or transfer of risk.
7.4 Delivery Issues
In case of non-delivery or damaged delivery:
(a) The Customer must report the issue within 48 hours of the expected delivery date;
(b) Photographic evidence of damage should be provided if applicable;
(c) The Company shall investigate and provide appropriate remedies including replacement or refund.
7.5 Special Deliveries
For orders requiring specialized handling, site-specific delivery, or installation support, separate terms and additional charges may apply as agreed between the parties.
8. RETURNS, REFUNDS, AND REPLACEMENTS
8.1 Return Policy
(a) Products can be returned within 30 days of delivery in their original, unused condition;
(b) Returns must be initiated by submitting a return request through the Website or by contacting customer support;
(c) Returned Products must be in marketable condition; Products showing signs of use, damage, or improper storage shall not be accepted;
(d) Customers are responsible for return shipping costs unless the return is due to Company error or defective product.
8.2 Product Defects
(a) If a Product is defective or non-conforming upon receipt, the Customer must report it within 7 days of delivery;
(b) The Company shall verify the defect and provide a replacement or refund at its option;
(c) Photographs or samples may be requested for verification;
(d) The Company shall bear return shipping costs for confirmed defective Products.
8.3 Refund Processing
(a) Approved refunds shall be processed within 7-10 business days of receiving the returned Product;
(b) Refunds shall be credited to the original payment method;
(c) Shipping charges are non-refundable unless the return is due to Company error;
(d) GST and other applicable taxes may be refunded as per statutory requirements.
8.4 Non-Returnable Items
The following are non-returnable:
(a) Products used or partially used;
(b) Products damaged due to improper storage or handling;
(c) Products without original packaging;
(d) Customized or made-to-order Products unless defective.
8.5 Replacement Policy
For damaged or defective Products, the Company shall provide replacement shipments at no additional cost. The Customer may be required to return the defective Product for inspection.
9. WARRANTIES AND DISCLAIMERS
9.1 Product Warranty
(a) The Company warrants that all Products shall conform to the specifications detailed in the Product datasheet when stored, handled, and used in accordance with the provided instructions;
(b) The warranty period extends from the date of delivery until the Product's expiration date or for 12 months from delivery, whichever is earlier;
(c) The warranty does not cover performance variations due to site-specific conditions, improper application, or failure to follow instructions.
9.2 Warranty Exclusions
The Company's warranty shall not apply to:
(a) Products altered, modified, or misused by the Customer;
(b) Defects arising from improper storage, handling, or transportation;
(c) Products used beyond their expiration date;
(d) Damage from extreme environmental conditions, climate variations, or natural calamities;
(e) Loss of efficacy due to site-specific conditions beyond the Company's control;
(f) Products used in applications other than those specified.
9.3 Disclaimer of Warranties
EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE COMPANY MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE WEBSITE AND ALL PRODUCTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
9.4 Limitation of Liability
(a) IN NO EVENT SHALL THE COMPANY BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR DAMAGES (INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS INTERRUPTION) ARISING FROM THE USE, MISUSE, OR INABILITY TO USE THE WEBSITE OR PRODUCTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(b) THE COMPANY'S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY THE CUSTOMER FOR THE SPECIFIC PRODUCT OR SERVICE IN QUESTION.
(c) Some jurisdictions do not allow limitation of liability; in such cases, the above limitation shall not apply.
10. ENVIRONMENTAL AND SAFETY COMPLIANCE
10.1 Environmental Responsibility
(a) The Company is committed to sustainable practices and environmental compliance;
(b) All Products are formulated and manufactured in accordance with environmental protection standards and applicable regulations;
(c) The Company complies with Environmental Protection Act, 1986, Water (Prevention and Control of Pollution) Act, 1974, and Air (Prevention and Control of Pollution) Act, 1981.
10.2 Safety Data and Instructions
(a) Safety Data Sheets (SDS) and comprehensive usage instructions shall be provided with all Products;
(b) Customers are responsible for ensuring safe handling, storage, and disposal of Products;
(c) Customers must comply with all local, state, and national regulations regarding chemical use and waste management;
(d) The Company recommends training personnel in proper handling procedures.
10.3 Product Disposal
Customers are responsible for the proper disposal of used Products in accordance with applicable environmental regulations. The Company provides guidance on disposal but does not assume liability for improper disposal by customers.
11. CUSTOMER RESPONSIBILITIES
11.1 Information Accuracy
The Customer shall provide accurate, complete, and truthful information when:
(a) Creating accounts or registering on the Website;
(b) Placing Orders;
(c) Providing delivery and contact information;
(d) Communicating with the Company.
11.2 Account Security
(a) Customers are solely responsible for maintaining confidentiality of login credentials and passwords;
(b) Customers are liable for all activities conducted under their account;
(c) Customers must immediately notify the Company of any unauthorized access or security breaches.
11.3 Lawful Use
Customers shall not use Products or Services for any unlawful, unethical, or prohibited purposes. The Company reserves the right to refuse service to customers engaged in illegal activities.
12. LIMITATION OF USE AND RESTRICTIONS
12.1 Prohibited Activities
Customers shall not:
(a) Use Products beyond their intended scope or in applications not recommended by the Company;
(b) Misrepresent Products' capabilities, performance, or results;
(c) Resell, redistribute, or use Products for commercial purposes without explicit authorization;
(d) Export Products in violation of applicable trade laws and regulations;
(e) Engage in any activity that violates this Agreement or applicable law.
12.2 Intellectual Property Restrictions
Customers shall not:
(a) Reverse engineer, decompile, or attempt to derive formulations or methodologies from Products;
(b) Trademark, copyright, or otherwise claim ownership of Company intellectual property;
(c) Disparage or misrepresent the Company or its Products.
13. THIRD-PARTY LINKS AND SERVICES
13.1 Third-Party Content
(a) The Website may contain links to third-party websites, resources, and services;
(b) The Company is not responsible for third-party content, products, or services;
(c) Third-party links are provided for convenience only and do not imply endorsement;
(d) Customers access third-party websites at their own risk and should review their terms and conditions.
13.2 No Endorsement
The inclusion of third-party links does not constitute partnership, endorsement, or approval by the Company.
14. INDEMNIFICATION
14.1 Customer Indemnification
The Customer agrees to indemnify, defend, and hold harmless the Company, its officers, directors, employees, and agents from any claims, damages, liabilities, costs, and expenses (including legal fees) arising from:
(a) The Customer's violation of these Terms and Conditions;
(b) The Customer's misuse or improper use of Products;
(c) The Customer's violation of applicable laws or regulations;
(d) Breach of the Customer's representations or warranties;
(e) Third-party claims arising from the Customer's use of Products.
15. TERMINATION AND SUSPENSION
15.1 Termination by Company
The Company may, at its sole discretion, immediately terminate or suspend:
(a) The Customer's access to the Website;
(b) Customer accounts;
(c) Services provided;
if the Customer:
(i) Violates these Terms and Conditions;
(ii) Engages in illegal, fraudulent, or harmful activities;
(iii) Provides false or misleading information;
(iv) Violates third-party rights;
(v) Uses the Website in any manner that damages the Company's business or reputation.
15.2 Termination by Customer
Customers may terminate their account by submitting a written request. Outstanding Orders shall be honored unless otherwise agreed.
15.3 Effect of Termination
Upon termination:
(a) All rights and licenses granted to the Customer cease;
(b) The Customer remains liable for obligations incurred prior to termination;
(c) Outstanding payments must be settled;
(d) Pending Orders may be cancelled without liability.
16. DISPUTE RESOLUTION AND GOVERNING LAW
16.1 Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of India, without regard to conflicts of law principles.
16.2 Dispute Resolution
(a) Any dispute, claim, or controversy arising from these Terms and Conditions or the use of the Website and Products shall first be subject to good-faith negotiation between the parties;
(b) If negotiation fails, the dispute may be referred to mediation;
(c) If mediation is unsuccessful, the dispute shall be resolved through arbitration or litigation as provided under applicable law.
16.3 Jurisdiction
(a) The courts of Pune, Maharashtra, India shall have exclusive jurisdiction over any legal proceedings;
(b) Customers agree to submit to the personal jurisdiction of these courts;
(c) This jurisdiction clause does not limit the Company's right to pursue legal action in any court of competent jurisdiction.
16.4 Complaint Resolution
For complaints regarding Products or Services, customers may contact the Company's customer support team. The Company shall endeavor to resolve complaints within 30 days of receipt.
17. FORCE MAJEURE
17.1 Force Majeure Events
The Company shall not be liable for failure or delay in performing obligations due to unforeseen circumstances beyond reasonable control, including but not limited to:
(a) Natural disasters, earthquakes, or extreme weather events;
(b) War, terrorism, civil unrest, or military action;
(c) Government actions, regulations, or restrictions;
(d) Pandemics, epidemics, or public health emergencies;
(e) Strikes, labor disputes, or transportation disruptions;
(f) Internet outages or infrastructure failures;
(g) Power failures or utility disruptions.
17.2 Mitigation
The Company shall make reasonable efforts to mitigate the impact of Force Majeure events and notify Customers of any significant delays or disruptions.
18. GENERAL PROVISIONS
18.1 Entire Agreement
These Terms and Conditions, together with the Privacy Policy and any other policies published on the Website, constitute the entire agreement between the Customer and the Company and supersede all prior negotiations, representations, and agreements.
18.2 Severability
If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid, or if not possible, shall be severed. The remaining provisions shall continue in full force and effect.
18.3 Waiver
The Company's failure to enforce any provision shall not constitute a waiver of that provision or any other provision. No waiver shall be effective unless in Writing and signed by an authorized representative.
18.4 Assignment
Customers may not assign, transfer, or delegate these Terms and Conditions or their rights/obligations hereunder without prior written consent of the Company. The Company may assign these Terms without restriction.
18.5 Relationship of Parties
These Terms create an independent relationship between the Company and the Customer. No partnership, joint venture, or employment relationship is created.
18.6 Notices
All notices must be in Writing and delivered:
(a) To the Company at: contact@fizitoenvirotech.com or registered office address;
(b) To the Customer at the email address or physical address provided during Order placement;
(c) Notices are deemed received upon delivery or if email, upon confirmation of delivery.
19. CONSUMER PROTECTION
19.1 Consumer Rights
Customers are protected under the Consumer Protection Act, 2019. Nothing in these Terms and Conditions shall limit statutory consumer protection rights granted by applicable law.
19.2 Complaint Mechanism
Customers may file complaints regarding Product quality, Services, or grievances through:
(a) Email: support@fizitoenvirotech.com
(b) Phone: [Company Phone Number]
(c) Registered office address
(d) Online grievance portal on the Website
19.3 Grievance Resolution Timeline
The Company commits to acknowledging complaints within 24 hours and providing resolution or detailed response within 7-30 days depending on complexity.
20. CONTACT INFORMATION
For any questions, concerns, or correspondence regarding these Terms and Conditions, please contact:
Fizito Envirotech Pvt. Ltd.
Email: support@fizitoenvirotech.com
Website: www.fizitoenvirotech.com