Terms and Conditions

1. Acceptance of Terms

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Carbion Private Limited("Carbion," "we," "us," or "our"), the owner and operator of the AMart platform and its associated services (collectively, the "Services").

By registering for an account, accessing, or using any of our Services—including our website, mobile application, AMart Assurance, AMart Logistics, and Farm Booking features—you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use our Services.

2. The AMart Platform

AMart is a proprietary technology platform owned by Carbion that connects farmers, agricultural producers, buyers, logistics providers, and other stakeholders. The Services are designed to facilitate the sale and purchase of agricultural products, provide logistics and quality assurance, and offer innovative agricultural financing and booking solutions.

3. User Accounts & Obligations

To access most features, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate. You are responsible for all activities that occur under your account.

You represent and warrant that you have the legal capacity to enter into this agreement and that you will use the Services in compliance with all applicable laws and regulations.

4. AMart Service-Specific Terms

a) AMart Assurance

Definition: "AMart Assurance" is a premium service or badge applied to certain products or sellers, indicating that they have met a proprietary set of quality, verification, and performance standards as defined solely by Carbion. This may include, but is not limited to, on-site verification, quality testing of produce, and review of historical performance data.
Disclaimer of Warranty: While AMart Assurance aims to signify a higher standard of quality and reliability, it is not a guarantee or warranty of product quality, fitness for a particular purpose, or the seller's performance. Carbion's liability for any issues arising from a product with AMart Assurance is strictly limited to the amount of the service fee paid for the AMart Assurance badge for that specific transaction. We are not liable for any lost profits, consequential damages, or other business losses.
Data Collection: To provide this service, you agree that we will collect, analyze, and store all data related to the assurance process, as detailed in our Privacy Policy.

b) AMart Logistics

Service: AMart Logistics is a service that facilitates the transportation of goods between buyers and sellers. Carbion may act as a facilitator, connecting users with third-party logistics providers, or may provide the service directly through its own or leased fleet.
Your Responsibilities: You are responsible for ensuring your products are properly packaged and ready for shipment at the agreed-upon time. You bear the risk of loss until the goods are handed over to the designated logistics provider.
Data Ownership: You acknowledge and agree that all data generated during the provision of AMart Logistics—including but not limited to GPS tracking data, route information, delivery times, vehicle performance, and temperature/humidity data—is the exclusive property of Carbion. We may use this data for any purpose, as outlined in our Privacy Policy.

c) Advanced Farm Booking

Definition: "Farm Booking" is a feature that allows buyers to enter into agreements with farmers for the future purchase of agricultural output. This is more than traditional contract farming; it is a binding digital agreement brokered by AMart that may specify crop type, quantity, quality parameters, price, and delivery window.
Binding Agreement: A confirmed Farm Booking constitutes a legally binding futures contract between the buyer and the seller. AMart acts as a facilitator and is not a party to this contract, but we provide the framework, tools for monitoring, and dispute resolution mechanisms (at our discretion).
Data Generation & Ownership: By using the Farm Booking feature, you grant Carbion an irrevocable, perpetual, worldwide, royalty-free license to all data generated throughout the lifecycle of the booking. This includes planting data, cultivation practices, input usage, growth monitoring data (including from connected IoT devices), yield forecasts, and final output data. This data is a critical asset of Carbion, used for market analysis, predictive modeling, and the creation of proprietary data products.

5. Data, Intellectual Property, and Carbion's Rights

This is a cornerstone of our relationship. You provide the raw inputs; we create the value.

Your Content: You grant Carbion a perpetual, irrevocable, worldwide, royalty-free, and sublicensable license to use, copy, modify, share and process any content and information you provide through our Services, without any further consent, notice, and/or compensation to you or others.
Carbion's Intellectual Property: The Services, and all underlying technology, data, and content—including all aggregated and anonymized data, analytical insights, market intelligence, credit scores, and predictive models created by Carbion—are and will remain the exclusive property of Carbion. These Terms do not grant you any right, title, or interest in the Services or Carbion's intellectual property.
Ownership of Derivative Data: You explicitly agree that Carbion is the sole and exclusive owner of all Derivative Data. "Derivative Data" means any data, insights, models, or information that is created, generated, or derived by Carbion from the data you provide or that is generated through your use of the Services. You shall have no claim or right to this Derivative Data, even if it was generated from your inputs.

6. Fees and Payments

Carbion may charge fees for certain Services, such as transaction fees, listing fees, or fees for AMart Assurance and Logistics. All applicable fees will be disclosed to you prior to you using the relevant Service. You agree to pay all fees and applicable taxes incurred by you or anyone using an account registered to you.

7. Disclaimers and Limitation of Liability

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. CARBION DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE.

IN NO EVENT SHALL CARBION, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; OR (III) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

OUR TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES PAID BY YOU TO CARBION FOR THE SERVICES IN THE 12 MONTHS PRIOR TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (USD $100).

8. Indemnification

You agree to defend, indemnify, and hold harmless Carbion, its parent company, affiliates, subsidiaries, and their respective officers, directors, employees, agents, and successors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, any use of the Services' content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Services.

9. Termination

We may terminate or suspend your account and bar access to the Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms. If you wish to terminate your account, you may simply discontinue using the Services. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions (including data and intellectual property rights), warranty disclaimers, indemnity, and limitations of liability.

10. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles. Any dispute, claim, or controversy arising out of or relating to these Terms, including the determination of the scope or applicability of this agreement to arbitrate, shall be first attempted to be resolved through good-faith negotiation. If the dispute cannot be resolved through negotiation within thirty (30) days, it shall be subject to the exclusive jurisdiction of the courts located in Advocate chambers buliding. Chember No. 114 Dhule district and session court at dhule.

11. General Provisions

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Carbion regarding our Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing.

Terms and Conditions for AMart