Welcome to Praman. It is a B2B marketplace owned and operated by Intello Labs Private Limited, a company registered in India (“Intello Labs”, "we", "us" and "our") and accessible via online platform operated by Intello Labs accessible at praman.ai (“Praman Platform”) by any person whose application to use the Praman Platform we accept ("you", "your"). 

By using the Praman app or this website, you are accepting these terms and conditions in full and shall be legally bound to said terms and conditions, so you should read them carefully. Access to and use of Praman depends solely on the acceptance of these Terms and Conditions. 

• 1. Eligibility and registration

• 1.1 To register with us as a Seller, you must:

• 1. be an individual, at least 18 years old, living in India or an Indian registered company, LLP or partnership; 
• 2.  have a bank account for deposit and payments, in your name (or your company name) with a financial institution authorized to offer banking services in India (“Nominated Bank Account”); and
• 3. have a valid GSTIN;  (In case they don’t have GSTIN, then declaration is required prescribed format ); 
• 4. satisfy our identity verification checks; and
• 5. have a valid mobile number and email ID, wherein details of trade and other relevant information will be shared.

• 1.2 To register with us as a Buyer, you must:
  • a. be an individual, at least 18 years old, living in India or an Indian registered company, LLP, or partnership;
  • b. have a Nominated Bank Account; 
  • c. have a valid GSTIN; and
  • d. satisfy our identity verification checks; and.
  • e. have a valid mobile number and email ID, wherein details of trade and other relevant information will be shared.
• 1.3 We may decline to register any person to use the Praman Platform for any reason at our sole and absolute discretion.
• 1.4 Praman can conduct any document verification, physical verification of trade/ premises, credit score / CIBIL score verification and any other investigation or reference checks for Buyer/ Seller directly or via third party for Onboarding/ KYC Approval
• 1.5 Each Buyer and Seller (who has executed this Agreement) voluntarily give(s) their respective consent to Praman to use his/her/their respective Aadhaar for doing authentication with Unique Identification Authority of India (“UIDAI”) for establishing identity, in the manner acceptable as per UIDAI guidelines or under any Act or Law in force from time to time, and for sharing Aadhar with Praman’s service providers for availing loans and for availing such other services as provided on the Praman Platform, if such services are availed by the Buyer/Seller. The Buyer and Seller confirm(s) having been informed by Praman that the Aadhaar will not be stored/shared/used by Praman for any other purpose other than as mentioned herein,  unless the same is required or permitted by Law. The Buyer and Seller further confirm(s) that the information which is submitted through the Aadhaar is true and correct and he/she/they will not hold Praman responsible in case any incorrect information is provided.

• 2. Praman Account

• 2.1  If we approve your application for registration, we will:
  • a. set up a data account in our systems that is used to record your transactions on the Praman Platform, and certain information about you and the Praman Platform (“Praman Account”). The process of creatin g a Praman Account requires the User to fill in certain personal information such as name, address, mobile phone number, email address, payment details, company data, among others.; and
  • b. issue and/or activate any secret codes required by you to access your Praman Account (“Access Codes”).
• 2.2 We will do all that we reasonably can to prevent unauthorized access to the Praman Account. To accept an Offer through the Praman Platform you must log on to your Praman Account using your Access Codes. So long as the correct Access Codes are entered, we will assume that you are the person giving instructions and you will be liable for the activity on your Praman Account. You must therefore keep your Access Codes secret and avoid storing them in any way that enables anyone else to impersonate you. If you disclose your Access Codes to any third person, including any employee or adviser whom you authorize to access your Praman Account, you are also responsible and liable for any resulting access, use, misuse, or disclosure by that person.
• 2.3 You must tell us as soon as possible if you think that someone else knows your Access Codes or can impersonate you in dealing with us. Otherwise, you will be responsible for any instruction which we receive and act on, even if it was not given by you, and we will not be responsible for any unauthorized access to your Praman Account or the information in it.
• 2.4 You guarantee the accuracy, completeness, and timeliness of the information that you have submitted. If the information submitted proves to be false, incomplete or outdated, Intello labs may disable your access to the Praman Platform.
• 2.5 We can refuse to act on any instruction that we reasonably believe is unclear, not given by you, or might result in a breach of Applicable Law.

• 3. Sale and Purchase of Agricultural Products  on the Praman Platform

You can sell and purchase the Agricultural Products on Praman platform in accordance with terms and conditions provided herein and the Agreement executed by you with us and the Seller/Purchaser (as applicable).

Praman will charge a commission of 2% on such trades and may provide incentives or discounts based on the schemes prevailing during the time of trade

• 4. Quality Checks and Quality Assaying Reports. 

Praman takes pride in its ability to bring transparency in the sale and purchase of Agricultural Products by providing quality reports regarding each Agricultural Product exhibited on the Praman Platform. In order to ensure that the Agricultural Product being sold on the Praman Platform, Intello Labs provides a quality assaying report in the format provided here. No Agricultural Product can be exhibited on the Praman Platform without the quality report issued, checked or verified by us. For rendering the quality assaying services, we charge a quality assaying fee which is reflected in the payments page before the sale is completed. 

Praman will charge a Quality Assessment fee of 0.5%  of the trade value on such trades. 

• 5. User’s Obligations

5.1 You undertake not to directly contract or make any direct payments to other Users of the Praman Platform network, with whom he/she/it has had contacts through this network, other than through the Praman Platform.

5.2 You further undertake not to create, copy, reproduce, modify or use in any way any content of the Praman Platform, and not to use works and requests that have been made known to him/her/it by this means directly with the Seller. 

5.3 You agree not to use services for purposes other than those for which they are intended, namely illicit purposes.

5.4 You undertake not to send to third parties or otherwise disclose any request existing in the Praman Platform or to distribute or publicly display any content of the Praman Platform without our prior and express permission unless such communication is expressly permitted under these Terms and Conditions.

5.5 The content published by you on the Praman Platform is owned by you. However, you assign to Praman Platform, to the extent permitted by law, a free and perpetual license to use, copy, modify, create derivative works, distribute, perform in any way, or otherwise exploit the content in all formats and distribution channels, without the need for any prior notice to you or your consent and without there being any compensation to this effect.

5.6 You further declare that:

• (a) the activities pursued through the Praman Platform comply with the applicable rules, regulations and legislation in force;
• (b) you will carry out commercial transactions with other Users in good faith;
• (c) you will comply with the agreements concluded through the Praman Platform and in the terms indicated therein;
• (d) you will not impersonate any other person or entity or misrepresenting your relationship with any other entity;

5.7 Upon knowledge of any violation or potential violation of these Terms and Conditions, Praman reserves the right (but shall have no obligation) to decide whether you meet the requirements of these Terms and Conditions and may, at any time and without prior notice, terminate any User’s access to the Praman Platform.

5.8 The conditions applicable to the processing of your personal data that may be collected by us, directly or through the Praman Platform, are best described in the Privacy Policy of Praman and its partners, available on the privacy web page. 

5.9 You undertake to respect the personal data submitted in the Praman Platform, namely not to proceed to its disclosure, publication or interception.

5.10 You are responsible for obtaining the necessary access to the data network in order to use the services provided by the Praman Platform. The fees and rates of the data and messages network of your mobile equipment may apply, should you access or use the Services from a wireless device, and you are responsible for paying such fees and rates. You are responsible for acquiring and updating the equipment or devices required to access and use the services and any updates thereof. The Praman Platform services may be subject to failures and / or delays inherent to the use of the Internet and electronic communications. We do not guarantee the operation of the Praman Platform or that the Praman Platform services or any part thereof will work on a particular equipment or device. 

5.11 Praman may provide the details regarding the trades executed on the Praman Platform to the User through sms and email alerts.  Such information is provided at the request of the User only for their convenience. This is an additional facility provided by Praman Platform. User should not solely rely or use such data for any purpose and, Praman shall not be liable for any direct or indirect loss of any nature because of providing this additional facility. 

5.12 The Users agree to provide correct information, making payment as per agreed terms and trade in good faith. 

• 6. Intello Labs Liability and Limitation of Liability 

6.1  There is no relationship between us, the Customer, and the Seller other than the availability of the Praman Platform, as provided in these Terms and Conditions and the Agreement executed between the Buyer, Seller and Praman. The Customer acknowledges that the purchase and sale of Agricultural Products provided by the Sellers, which act on their own account and responsibility, and that we are not, in any way, part of the contractual relationship established between the Customer and the Seller.

6.2 We are not responsible for the execution of the agreement between Customer and the Seller, for the proper performance of the agreement signed between them, for the fulfilment of any conditions agreed between the Customer and the Seller or for the suitability, safety and competence of the Agricultural Product purchased from the Seller. We are therefore not responsible for the payment of the Agricultural Products by the Customer. 

6.3 Similarly, we are not liable before the User and / or any third party for any direct or indirect damages, warranties, lost profits or any damages that may result from the contractual relationship between the Customer and the Seller. The Customer accepts all risk arising from any Agricultural Products and / or services request. Under no circumstances shall our aggregate liability for any transaction undertaken on Praman Platform shall be more than the quality assaying fee paid in respect of such transaction.

6.4 The supplies are performed with full autonomy and independence by the Seller.

6.5  We use our reasonable commercial efforts to ensure that the Sellers registered in the Praman Platform network perform their obligation to supply the Agricultural Products.

6.6  Notwithstanding the foregoing, we are not responsible for, nor do we guarantee, the fulfilment of any requirements or conditions necessary for the sale of Agricultural Products by the Sellers, namely,

• (a) compliance with the requirements required by law;
• (b) the existence of consent by all governing, regulatory and inspection bodies for the execution of the orders or services requested;
• (c) experience, knowledge and technical ability for the sale of Agricultural Products;
• (d) existence of civil liability insurance or other similar insurances. 

6.7 We are not responsible in any way for:

• (a) any type of dispute, default or damage arising from the contractual relationship between the Users through the Praman Platform;
• (b) any damage caused to third parties as a result of the supply of the Agricultural Products by the Seller;
• (c) any damage, injury or loss arising from the use or trust created in the services provided by us, including any failures or interruptions in the functioning of the Praman Platform and the inability to access the Praman Platform;
• (d) any damage that may result from a malfunction of the Praman Platform, either by computer failure, viruses, Trojan horses, worms or something causing interference in the system. 

6.8 The information available on the Praman Platform concerning the Agricultural Products, the Sellers, and the Customers is provided by the Users. We assume no responsibility for any error, omission, inaccuracy or falsity of the information transmitted by the Users. Intello Labs is in no way responsible for the information contained in the Praman Platform.

6.9 The Praman Platform may be made available or accessible within the scope of a third-party service and content outside of our control. The User acknowledges that the use of third-party services and content may be subject to their terms of use and privacy policies. We provide no warranty and are not responsible for such third-party services and content. Additionally, any third-party beneficiaries of the use of the Praman Platform are not part of the relationship between the User and Intello Labs or between Users. Access to the Praman services, by the User, through a third-party equipment, services and / or content is subject to the conditions stipulated in the terms and conditions applicable to the service of the third-party.

6.10 Regardless of whether Praman is aware or has been advised of the possibility of the following losses, expenses, or liabilities, Praman will not be liable to any User under any claim or theory for any special, consequential, or punitive damages, or for any lost profits, revenues, business, or data. Praman’s aggregate liability from any claims related to the transaction undertaken by a User on the Praman Platform will not exceed the total amount such User has paid to Praman for such transaction. The User states that this section 6.10  ic conspicuous, that it has read and understood them, and believes that they are reasonable.

• 7. Suspension and Cancellation of the Praman Account 

We reserve the right to suspend for any period of time it will define, to cancel, at its discretion and whenever it deems necessary, to the extent permitted by law, the Praman Account of any User who violates or, regarding whom there is suspicion of violation, present or future, of any of the obligations under these Terms and Conditions and / or the law, namely in case of false information to be provided by the User.

• 8. Rights and License to Use

• 8.1 Subject to acceptance by the User of these Terms and Conditions, Praman offers the User a limited, non-exclusive, non-sublicensable, revocable and non-transferable license to:
  • (a) commercial use;
  • (b) access to the platform on his/her personal equipment, solely for the purpose of using the platform services; and
  • (c) access to and use any content, information and related materials that may be made available through the services of the Praman platform. Any rights not expressly granted in these terms are reserved to us.

8.2  All rights on the Praman platform are and remain the property of Intello Labs or its licensors. Neither these Terms and Conditions, nor the use of the services of the Praman platform, gives the User any rights:

• (a) on or related to the services, except for the limited license granted above; or
• (b) to use or, in any way, to refer to the company names of Intello Labs, its affiliates or, where applicable, its licensors, its logos, product and service names or trademarks.

8.3 The User is not authorized:

• (a) to remove any indication of intellectual property, including, without limitation, any trademark or other notices related to the intellectual property of any space of the services of the Praman platform;
• (b) to reproduce, modify, perform derivative works, destroy, license, rent, sell, resell, transfer, display or publicly perform, transmit, reproduce, broadcast, or otherwise exploit the services of the Praman platform, except to the extent expressly permitted by us;
• (c) to decompile, reverse engineer or disassemble thePraman platform, except to the extent permitted by applicable law;
• (d) to create links or frame any part of the Praman platform;
• (e) to create or launch any programs or scripts to capture, index, collect or otherwise extract data from any part of the Praman platform, or unduly overloading and / or preventing the operation and /or functionality of the Praman platform ; or
• (f) to attempt to get unauthorized access to the Praman platform or impair any aspect of the Praman platform or its systems or networks.

• 9. Miscellaneous Provisions 

9.1 The User may not assign or transfer these Terms and Conditions, in whole or in part, without our prior written consent.

9.2 The User authorizes us to assign or transfer these Terms and Conditions, in whole or in part, to:

• (i) a subsidiary or affiliate;
• (ii) an acquirer of our assets; or
• (iii) any successor.

9.3 These Terms and Conditions do not determine the existence of any vertical relationship, partnership, work or agency relationship between the User, any third party and us.

9.4  If any provision of these Terms and Conditions is found to be unlawful, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to this extent be understood as not forming part of these Terms and Conditions, and the legality, validity and enforceability of the remaining provisions shall not be affected. In this case, the part of the illegal, invalid or unenforceable provision shall be replaced by a (part of a) provision that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect to the provision or its illegal, invalid or unenforceable part, taking into account the contents and purpose of these Terms and Conditions.

9.5  We reserve the right to, at any time, alter these Terms and Conditions in any way. Whenever changes are made to the applicable Terms and Conditions, Users shall be presented, when accessing the Praman platform, a notice informing them of such fact and a request for acceptance of the new Terms and Conditions. Without this acceptance, Users shall not be able to continue to access and use the Praman platform. Any notices of modification of these Terms and Conditions shall also be published on the website: praman.ai. Changes made to the Terms and Conditions shall not be retroactive and shall not take effect within a period of less than fourteen (14) days after their publication. Changes to the Terms and Conditions that result from

• (i) modifications or new features of the Praman platform, or
• (ii) legal impositions, which shall produce immediate effects, are excepted.

9.6  The present Terms and Conditions, as well as any dispute arising from or related to the same, shall be subject to the Indian laws, and the courts of Gurugram shall have exclusive jurisdiction over any disputes arising out of these terms & conditions.

9.7  Grievance Officer: In compliance with Information Technology Act, 2000 and the Rules made thereunder, the Grievance Officer of Intello for the purpose of these Terms and Conditions shall be nishant@intellolabs.comwith email address: grievances@praman.ai.  We may change the aforesaid Grievance Officer from time to time.

• 10  Definitions 

• a. Agricultural Products - means food produce, including vegetables, fruits, cereals, pulses and spices. 
• b. Customer(s) - means any leal person registered in the Praman platform and who uses the Praman platform to purchase Agricultural Products;
• c. Force Majeure Event  means an event beyond the control of the Seller or the Customer which prevents a party from complying with its obligations in relation to sale or purchase of the Agricultural Products , including but not limited to:

(i) Act of God (such as, but not limited to, fires, explosions, earthquakes, drought, tidal waves and floods);

(ii) war, hostilities (whether declared or not), invasion, act of foreign enemies, terrorists, mobilisation, requisitions, or embargo;

(iii) riots, commotion, blockades, strikes, lock outs, or lockdowns mandated by a government authority or any restriction on movement of Agricultural Products imposed by a government authority.   

• d. Seller(s) means any legal person(s) registered in the Praman platform to sell Agricultural Products to User(s), at his/her (their) request.
• e. User means any person who use the Praman platform to purchase agricultural products, to sell, to provide or to request the provision of Services to any professional registered in the Praman platform 
• f. Account: means any accounts or instances created by or on behalf of You on Praman for access to and use of any of Praman and the Services.  
• g. Affiliate: means, concerning a Party, any entity that directly or indirectly controls, is controlled by, or is under common control with such Party, whereby “control” (including, with correlative meaning, the terms “controlled by” and “under common control”) means the possession, directly or indirectly, of the power to direct, or cause the direction of the management and policies of such Person, whether through the ownership of voting securities, by contract, or otherwise.
• h. API means the application programming interfaces developed, enabled by, or licensed to Us that permit a User to access certain functionality provided by Praman and the Services.  
• i. Apps means the software applications listed on the Play Store/ Market Place which are created, developed, licensed, or owned by third-party developers. The term also includes any updates, upgrades, and other changes to such software applications and versions thereof.  
• j. Applicable Data Protection Law(s) means the data protection laws as appliable in India.
• k. Buyer means the User that has agreed to buy the Agriculture Products through Praman Platform. 
• l. Confidential Information means all information created by the Agreement or disclosed by one Party to the other Party, orally, in writing, or electronically, designated as “confidential” (or with a similar legend) or which a reasonable person would understand to be confidential given the nature of the information and circumstances of disclosure. For purposes of this Agreement, Service Data shall be deemed Confidential Information. Notwithstanding the foregoing, Confidential Information shall not include any information which
  • (a) was publicly known and made generally available in the public domain prior to the time of disclosure by the disclosing Party;
  • (b) becomes publicly known and made generally available after disclosure by the disclosing Party to the receiving Party through no action or inaction of the receiving Party;
  • (c) is already in the possession of the receiving Party at the time of disclosure by the disclosing Party as shown by the receiving Party’s files and records prior to the time of disclosure;
  • (d) is obtained by the receiving Party from a third party without a breach of such third party’s obligations of confidentiality;
  • (e) is independently developed by the receiving Party without use of or reference to the disclosing Party’s Confidential Information, as shown by documents and other competent evidence in the receiving Party’s possession; or
  • (f) is required by law to be disclosed by the receiving Party, provided that the receiving Party shall, to the extent legally permitted, give the disclosing Party written notice of such requirement prior to disclosing so that the disclosing Party may seek a protective order or other appropriate relief.  
• m. Praman Platform: means Praman Mobile App available at https://play.google.com/store/apps/details?id=com.praman.pramantrading&hl=en_US  and the Praman website (www.praman.ai).  
• n. Processing/To Process: means any operation or set of operations which is performed upon Personal Data, whether or not by automatic means, such as collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction. 
• o. Privacy Policy: means Our Privacy Policy at https://auction-terms-and-conditions.s3.ap-south-1.amazonaws.com/PRAMAN+PRIVACY+POLICY.pdf [GM1] as updated from time to time.  
• p. Seller: means the User who has agreed to sell the Agriculture Products through Praman Platform.  
• q. Service Data means all electronic data, text, messages, or other materials, including without limitation Personal Data of Users and End-Users, submitted to Praman and the Services by You through Your Account in connection with Your use of Praman and the Services.
• r. Services mean any other mobile applications, application programming interfaces, and other services offered within the internet by Intello and any of its Affiliates, as well as services offered through third parties integrating Praman functionality and/or any new services that We may introduce as Services and any updates, modifications or improvements to Praman and the Services, including individually and collectively, Software, the API and any Documentation, but exclude any Apps or links or APIs that belong to third parties.
• s. Software: means software provided by Us (either by download or access through the internet) that allows You to use any functionality in connection with Praman and the Services and includes Mobile Application(s), but excludes any Apps or links or APIs that belong to third parties.
• t. Supplemental Terms means Praman and the Services-specific terms found here, additionally applicable to You when You enable, access, or use such Service.  
• u. Third party means during the course of the transaction, the Seller and the Buyer may also avail certain services from third parties.