Birwaa Terms of Service

1. ABOUT BIRWAA

Birwaa Biotech is a plant and plant-system business serving nurseries, plant retailers, growers and related businesses.

Our current commercial focus includes differentiated plant products and collections such as:

• Living Towers (Initial Stage, Grower Stage, Mother Plant & Custom Towers)
• ARIVA Vertical Plant Architecture Systems
• Prime Vendorship Partnership Program
• Curated living botanical formats
• Other living plant formats introduced by Birwaa from time to time

Birwaa's purpose is not limited to supplying conventional commodity plants. The brand is positioned around quality, differentiation, practical plant knowledge, growing systems and stronger supplier relationships.

2. WHO BIRWAA SERVES

Birwaa primarily serves business customers, including:

• independent nursery owners
• plant retailers
• regional plant sellers
• purchasing managers
• indoor plant businesses
• growers
• other legitimate plant-related businesses

The website may also be accessed by individual plant buyers and visitors who are exploring Birwaa's products.

Birwaa's primary commercial model is B2B and relationship-led rather than a purely transactional marketplace.

3. ACCEPTANCE OF THESE TERMS

You may use the Birwaa website to explore products, learn about Birwaa, make enquiries, communicate with us, request a quotation, request a meeting, or discuss an order.

By doing so, you agree to:

• provide accurate information;
• communicate honestly;
• use the website lawfully;
• respect Birwaa’s intellectual property;
• not misuse our website or enquiry systems;
• comply with applicable laws.

A website visit or enquiry does not by itself create a binding sales contract.

4. AGE AND LEGAL CAPACITY

Birwaa's website may be viewed by people of different ages.

However, a person entering into a binding commercial transaction must be legally competent to do so.

Customers who have not reached the age of majority may browse the website and may purchase plants only with the involvement and authorization of a parent or legal guardian.

Where a parent or legal guardian places or authorizes an order on behalf of a minor, the parent or legal guardian is responsible for the transaction and for complying with these Terms.

The Digital Personal Data Protection Act, 2023 also defines a child as a person who has not completed eighteen years of age.

5. USING THE WEBSITE

You may use the website for legitimate purposes, including:

• discovering Birwaa products;
• reading product information;
• exploring plant collections;
• understanding ARIVA;
• making business enquiries;
• requesting a call;
• discussing an order;
• contacting Birwaa.

You must not use the website to:

• commit fraud;
• impersonate another person or business;
• submit intentionally false information;
• interfere with website operation;
• attempt unauthorized access;
• distribute malicious code;
• abuse enquiry or contact systems;
• scrape or systematically copy proprietary website content for unauthorized commercial use;
• use the website for unlawful purposes.

Birwaa may restrict access where reasonably necessary to protect the website, customers, staff, business information or systems.

6. INFORMATION ON THE WEBSITE

We aim to present our products and business information clearly and honestly.

However, some information may naturally change over time, including:

• product availability;
• exact plant varieties;
• plant appearance;
• product specifications;
• pricing;
• package composition;
• shipping arrangements;
• commercial terms;
• future product availability.

Information on the website should therefore be read together with the latest product availability and any written commercial confirmation provided by Birwaa.

Where a specific written quotation or order confirmation applies to your transaction, that document should be read together with these Terms.

7. LIVING PLANTS AND NATURAL VARIATION

Unlike manufactured goods, living plants naturally differ in:

• height;
• width;
• foliage density;
• leaf size;
• leaf colour;
• growth direction;
• rooting;
• maturity;
• structure;
• overall appearance.

A plant may therefore differ from another plant of the same variety and may also differ from a photograph shown on the website.

Natural biological variation does not automatically mean that a plant is defective.

Where Birwaa provides a specific product specification or quality standard, that agreed specification will be considered when evaluating whether a genuine product issue exists.

8. PRODUCT PHOTOGRAPHS

We use plant photography to help customers understand our products, collections and presentation.

Photographs may show:

• representative plants;
• a sample variety;
• a particular growth stage;
• a particular presentation;
• a product example.

Because plants are living products, the exact plant supplied may not be visually identical to the photograph.

We aim to represent products honestly rather than artificially making natural variation appear impossible.

9. PRODUCT AVAILABILITY

Plant inventory can change quickly.

A product may therefore be described as: Available, Limited, Out of Stock, or Coming Soon.

These availability states are intended to communicate the current position as accurately as reasonably possible.

An availability indication does not by itself guarantee that a particular quantity will remain available until an order is confirmed.

The Birwaa project specifically requires that availability not be fabricated or presented falsely.

10. PRODUCT ENQUIRIES

You may contact Birwaa regarding: plant varieties, collections, quantity, pricing, MOQ, availability, shipping, ARIVA, Prime, business requirements, and other plant-related questions.

An enquiry is not automatically an order.

Birwaa may need to confirm the actual commercial details before accepting an order, including availability, quantity, price, shipping, product format and other applicable conditions.

This reflects Birwaa's intended relationship-led buying process rather than a purely automated purchase funnel.

11. HOW AN ORDER IS CONFIRMED

The general process may be: Product discovery → Enquiry / discussion → Availability and requirement confirmation → Price and shipping discussion → Customer approval → Order confirmation by Birwaa → Payment / agreed commercial step → Dispatch.

The exact process may differ depending on the product and the nature of the customer relationship.

12. QUOTATIONS

A quotation may specify: product, quantity, price, validity period, shipping, applicable taxes, availability, and other commercial conditions.

A quotation is subject to the conditions written in that quotation.

If a quotation expires, availability or pricing may change before a new order is confirmed.

13. PRICING

Prices may change from time to time.

The applicable amount for an order may depend on: product, quantity, collection, current commercial offer, customer type, availability, shipping arrangement, and applicable taxes or charges.

Where the final price depends on the order or customer, Birwaa will communicate the applicable commercial terms before confirming the order.

Birwaa's project explicitly states that final pricing rules and offer structure must be owner-approved rather than assumed.

14. TAXES AND GST

Applicable taxes, including GST where applicable, may depend on the specific order, customer, transaction structure and applicable law.

The applicable tax treatment will be communicated as part of the relevant commercial confirmation.

A displayed product price should therefore not automatically be interpreted as a universal statement that all possible taxes are included in every transaction.

15. MINIMUM ORDER QUANTITY

Some Birwaa products and collections have a minimum order quantity (“MOQ”).

The currently documented B2B offerings include:

Birwaa Living Towers & Batch Release

• Initial Stage Tower, Grower Stage Tower, and Mother Plant Tower
• Towers are released in synchronized production batches according to biological maturity
• Custom Towers built to bespoke specifications upon approved compatibility review
• Minimum batch commitments and delivery schedules are confirmed during direct consultation prior to order finalization.

16. VARIETY AVAILABILITY

A plant collection may contain different varieties from time to time.

Where a collection states a number of varieties, that number refers to the intended collection structure and not necessarily a permanent promise that every named variety will always be available.

Exact varieties may be adjusted according to available stock and agreed supply commitment.

Where a particular variety is commercially critical to your purchase, please confirm its availability with Birwaa before the order is confirmed.

17. ARIVA PRODUCTS

ARIVA is Birwaa's named plant-architecture system.

Its documented concepts include:

• vertical plant architecture;
• support for climbing and foliage behaviour;
• self-watering support;
• specialized substrate;
• modular formats;
• continued biological development;
• practical growing knowledge.

ARIVA should not be understood as a promise of a fixed biological result.

18. NO GUARANTEED GROWTH OR PROPAGATION

Birwaa does not guarantee that every plant will: propagate, reproduce, reach a particular size, grow at a particular rate, produce a particular quantity of propagation material, or produce a particular commercial yield.

Plant growth and propagation depend on factors including: species, plant condition, environment, care, and time.

The project explicitly restricts guaranteed propagation, yield and similar claims.

19. CUSTOMER RESPONSIBILITY AFTER DELIVERY

Once plants are received, their condition can be affected by circumstances outside Birwaa’s direct control.

These may include: handling, temperature, light, humidity, watering, storage, pests, disease, transport after delivery, environmental conditions, and care practices.

Customers should follow the care and handling guidance applicable to the product.

Providing care information does not create a guarantee that a plant will survive or develop in a particular way.

20. SHIPPING AND DELIVERY

Shipping arrangements may depend on: order type, customer relationship, quantity, destination, package, applicable delivery method, and other commercial conditions.

Current documented commercial treatment:

• Regular periodic customers: shipping included under the applicable package arrangement.
• Irregular or one-time orders: shipping may be added separately.

Delivery timelines are estimates. Unless Birwaa expressly gives a specific written delivery commitment, a delivery date or time communicated by Birwaa should be understood as an estimate rather than a guarantee.

Delays can occur due to: plant handling requirements, transport conditions, weather, logistics, destination-related issues, carrier disruption, and events outside Birwaa’s reasonable control.

The exact carrier, dispatch schedule and geographic exceptions are subject to the applicable shipping arrangement.

21. RECEIVING A PLANT DELIVERY

Because plants are living products, customers should inspect a shipment promptly after receiving it.

Where an issue is suspected, the customer should:

• keep the packaging and plants in the condition in which they were received as far as reasonably possible;
• contact Birwaa promptly;
• provide the relevant order details;
• provide photographs or video where requested;
• avoid altering or discarding the relevant evidence before the issue has been reviewed, where reasonably possible.

22. DAMAGED OR QUALITY-RELATED ORDERS

Birwaa understands that a customer may be concerned if a plant arrives damaged or appears significantly different from the agreed order.

We therefore use an evidence-based review process. Depending on the situation, Birwaa may ask for: opening/unboxing video, photographs, photographs of packaging, photographs of the plant, order/reference information, delivery information, and other information needed to understand what happened.

A photograph submitted after the plant has already been opened, handled, moved or altered may not provide enough evidence by itself to determine when or how the issue occurred.

23. RETURNS AND REPLACEMENTS

Plant returns and replacements require particular care because the products are living biological products.

Whether an order qualifies for a return, replacement or other remedy depends on: the nature of the issue, evidence available, the condition of the plant, timing of the report, applicable product terms, and the finalized Return & Replacement Policy.

The Return & Replacement Policy governs the detailed process.

Nothing in these Terms creates an automatic refund or replacement entitlement beyond the applicable confirmed policy and the rights available under applicable law.

24. NO AUTOMATIC REFUND FOR CUSTOMER-CAUSED DAMAGE

Where the evidence reasonably indicates that damage or deterioration occurred because of: improper handling, unsuitable storage, inappropriate care, alteration of the product, misuse, delayed reporting, or conditions after delivery, Birwaa may determine that the issue is not a product defect.

However, Birwaa will consider the actual circumstances and evidence before making a final determination.

25. NATURAL BIOLOGICAL VARIATION

Plants can naturally develop differently even when they belong to the same variety.

Normal differences can include: leaf size, foliage density, branching, colour intensity, stem direction, growth stage, minor cosmetic variation, and root development.

Such natural variation is not automatically a defect.

Where a plant materially fails to match the agreed product specification or documented quality standard, the issue may be reviewed under the applicable quality/return/replacement process.

26. BUSINESS RESULTS ARE NOT GUARANTEED

Birwaa does not guarantee that buying or reselling our plants will produce: a particular profit, a particular margin, a specific sales volume, guaranteed customer acceptance, guaranteed resale, guaranteed repeat orders, or guaranteed business growth.

The ICP shows that customers value better margins, differentiated inventory, reduced uncertainty, stronger supplier relationships and business reputation. These are desired business outcomes, not guarantees that Birwaa can promise.

27. EXISTING SUPPLIERS

Birwaa does not require a customer to abandon existing suppliers.

Our proposition is intended to give a nursery or retailer another differentiated source and another type of supplier relationship.

Customers remain free to maintain their existing supplier relationships unless they choose otherwise.

This reflects the actual ICP: many target customers already have suppliers and do not switch easily.

28. PRIME VENDORSHIP

Prime-specific terms are governed separately by the Prime Membership Policy.

The current documented core Prime arrangement includes:

• ₹1 for the first month
• ₹289/month thereafter
• Prime ID, eligible wholesale access, ARIVA Tower member economics
• Applicable shipping benefits, technical support, opening/handling assistance
• Private training videos, guidebook, ongoing guidance and ecosystem access

Detailed Prime cancellation, renewal, refund, eligibility and Tower conditions are governed by the separate Prime terms.

29. PRIME DOES NOT GUARANTEE SALES

Prime membership does not guarantee: sales, leads, profit, orders, customer demand, business growth, or a particular return.

Any future network or local-demand opportunity depends on actual network development and is not a guaranteed lead or sales commitment.

30. CUSTOMER COMMUNICATION

When you provide your contact details to Birwaa, we may use them to communicate with you about the enquiry, order, meeting, product discussion or business relationship you initiated.

This can include: phone calls, WhatsApp messages, emails, meeting-related communication, order-related communication, support communication, and follow-up relating to the same enquiry or business relationship.

This is part of the customer relationship rather than a promise that you are automatically enrolled in a separate promotional program.

Our customer journey is intentionally based around real conversation and relationship-building, including WhatsApp communication.

31. NO MANDATORY WEBSITE ACCOUNT

At present, customers do not need to create a website account simply to browse products or make an enquiry.

Birwaa’s current customer journey is primarily: Product Interest → Questions → Conversation → Booking / Order Discussion → Confirmation.

If Birwaa introduces customer accounts in the future, the applicable website policies may be updated accordingly.

32. FEEDBACK AND CUSTOMER EXPERIENCE

We value practical customer feedback. Customers may provide feedback concerning: plant quality, packaging, delivery, product presentation, ARIVA, support, communication, and website experience.

Birwaa may use non-confidential feedback to improve its products, processes and customer experience.

Submitting feedback does not create an obligation for Birwaa to adopt a particular suggestion.

33. INTELLECTUAL PROPERTY

The Birwaa website and its original materials may include: text, photographs, plant images, product descriptions, illustrations, graphics, logos, brand names, videos, educational content, page designs, and original documentation.

These materials belong to Birwaa or are used with appropriate rights.

Unless permitted by law or expressly authorized by Birwaa, you may not: copy substantial website content, reproduce proprietary materials, resell Birwaa’s content, modify or republish our materials commercially, use Birwaa branding in a misleading manner, or represent yourself as Birwaa.

34. BIRWAA BRAND AND ARIVA

BIRWAA, ARIVA, logos, brand identity, original product concepts, written materials, visual materials and related intellectual property may belong to Birwaa or their respective rights holders.

Using or purchasing a Birwaa product does not transfer ownership of Birwaa’s intellectual property to the customer.

Customers may not imply an unauthorized partnership, franchise, agency or official representation.

Prime participation also does not transfer ownership of Birwaa’s brand or identity.

35. CUSTOMER-SUBMITTED MATERIAL

If you submit photographs, messages, feedback or other material to Birwaa, you represent that you have the right to provide that material.

You should not knowingly submit: another person’s private information without authorization, confidential third-party information, copyrighted material without appropriate rights, unlawful material, or malicious material.

36. PRIVACY

Your use of Birwaa services and submission of personal information are also governed by the Birwaa Privacy Policy.

The Privacy Policy explains how Birwaa handles information such as: name, phone or WhatsApp number, email, business information, enquiry information, booking information, and relevant website information.

Where you submit information to Birwaa for an enquiry or order, Birwaa may use that information to respond to your request and maintain the relevant business relationship, as described in the Privacy Policy.

37. THIRD-PARTY SERVICES

Some aspects of a customer’s interaction with Birwaa may involve independent third-party services. Examples may include services used for: communication, maps, meetings, payments, and other features made available through the website or business process.

Those third-party services may have their own terms and privacy policies.

Birwaa does not control the independent terms or privacy practices of a third-party service.

38. WEBSITE AVAILABILITY

Birwaa aims to keep the website useful and accessible.

However, we do not guarantee that: every page will always be available, every feature will always work without interruption, all information will always be updated instantly, or the website will always be completely free from errors.

Birwaa may modify, update, suspend or discontinue website features where reasonably necessary.

39. FUTURE PRODUCTS AND DEVELOPING FEATURES

Birwaa may develop new plants, products, plant systems, collections, educational resources or business programs over time.

Information describing something as future, developing, planned, or under development does not mean that the feature is currently available for purchase or use.

The project source specifically requires future capabilities to be described as future/developing rather than presented as current.

40. EVENTS OUTSIDE BIRWAA’S REASONABLE CONTROL

Birwaa will not be responsible for delays or non-performance caused by events reasonably outside its control, subject to applicable law.

Examples can include: extreme weather, natural disasters, transport disruption, government restrictions, major infrastructure failures, third-party service interruption, unforeseen logistics problems, and other circumstances that Birwaa could not reasonably prevent or control.

Where reasonably possible, Birwaa will communicate material disruptions and seek a practical resolution.

41. RESPONSIBLE USE OF THE PRODUCTS

Customers are expected to use, handle and care for plants and plant products responsibly.

Where a product has particular installation, care, handling or usage instructions, the customer should follow those instructions.

Birwaa is not responsible for damage caused by misuse, unauthorized modification, improper care, unsafe handling or use outside the intended purpose of the product.

42. SUSPENSION OR REFUSAL OF SERVICE

Birwaa may refuse or suspend a transaction or website interaction where reasonably necessary, including where: fraud is suspected, information appears intentionally false, payment appears unauthorized, the customer is misusing Birwaa systems, the activity creates a security risk, legal requirements prevent the transaction, the requested product is unavailable, or the customer materially violates these Terms.

Where appropriate, Birwaa may explain the relevant reason.

43. DISPUTE RESOLUTION

If a problem occurs, Birwaa encourages the customer to contact us first.

This approach is especially important for plant quality and delivery matters, where understanding what happened may require photographs, video and order information.

The Birwaa ICP specifically identifies problem handling and relationship quality as important trust signals.

44. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, Birwaa will not be responsible for losses arising solely from circumstances beyond Birwaa’s reasonable control or from the customer’s own acts or omissions.

This may include circumstances involving: customer-provided incorrect information, improper handling, inappropriate plant care, misuse of a product, events occurring after delivery, third-party failures, transport disruptions outside Birwaa’s reasonable control, and extraordinary environmental conditions.

Nothing in these Terms is intended to exclude or limit any liability that cannot legally be excluded or limited under applicable law.

The detailed legal wording of this clause should be reviewed by Birwaa’s legal adviser before publication.

45. INDEMNITY

To the extent permitted by applicable law, you agree to be responsible for losses or claims arising from your: unlawful use of the website, material breach of these Terms, fraudulent activity, unauthorized use of another person’s information, misuse of Birwaa’s intellectual property, or violation of applicable law.

This does not apply to the extent that the relevant loss was caused by Birwaa’s own unlawful conduct or by circumstances where such responsibility cannot legally be transferred.

46. GOVERNING LAW

These Terms are governed by the laws of India, subject to applicable mandatory legal rights and requirements.

Birwaa’s stated business location is in West Bengal, India.

Any court or dispute-venue provision applicable to a particular transaction will be determined according to applicable law and the relevant commercial terms.

47. CHANGES TO THESE TERMS

Birwaa may update these Terms from time to time when: products change, commercial practices change, website functions change, new services are introduced, legal requirements change, or policies are updated.

The Last Updated date at the top of this page will indicate when the Terms were most recently revised.

For an already confirmed order, the specific commercial terms agreed for that order will continue to be considered together with the applicable version of these Terms, subject to applicable law.

48. SEVERABILITY

If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be interpreted or limited to the extent necessary, and the remaining provisions will continue to apply to the extent permitted by law.

49. NO WAIVER

If Birwaa does not immediately enforce a particular provision of these Terms, that does not mean Birwaa has permanently given up its right to enforce that provision.

50. ENTIRE AGREEMENT

These Terms should be read together with all applicable documents relating to your interaction with Birwaa, including: quotation, order confirmation, Privacy Policy, Shipping Policy, Return & Replacement Policy, Prime Membership Policy, and other specific written commercial terms.

Where a transaction has specific written terms, those terms should be considered together with these Terms.

51. CONTACT BIRWAA

For questions about these Terms, products, orders or commercial matters:

For order-related questions, please include your order/reference details where available.

52. RELATED POLICIES

Different parts of the Birwaa relationship are explained through separate documents:

Privacy Policy

How Birwaa handles personal information.

Shipping Policy

How shipping and delivery arrangements work.

Return & Replacement Policy

How product quality issues, returns and replacements are evaluated.

Prime Membership Policy

Prime membership benefits and membership-specific terms.

These documents are designed to work together rather than repeating the same information everywhere.