This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3
(1) of the Information Technology (Intermediaries guidelines) Rules,
2011 that require publishing the rules and regulations, privacy policy
and Terms of Use for access or usage of www.agritalk.org and the IOS
and Android Application “AgriTalk”.
The domain name www.agritalk.org (“Website”, “AGRITALK”) and the
IOS and Android Application “AgriTalk” is owned and operated by
VRAKSH AGROTECH PRIVATE LIMITED (“Company”) a private
limited company registered under the Companies Act 2013, and having
its registered office at M.M.I.G-1/76, Sales Tax Office Road,
Ramganga Vihar, Phase-1, Moradabad, Uttar Pradesh, India, 244001,
where such expression shall, unless repugnant to the context thereof,
be deemed to include its respective representatives, administrators,
employees, directors, officers, agents and their successors and
assigns.
For the purpose of these Terms of Use (“Terms”), wherever the
context so requires,
The term ‘You’ ‘Your’ & ‘User’ shall mean any legal person or entity
accessing or using the services provided on this Website/Application,
who is competent to enter into binding contracts, as per the provisions
of the Indian Contract Act, 1872 and is entering into this Agreement
with VRAKSH AGROTECH PRIVATE LIMITED;
The terms ‘We’, ‘Us’, ‘Our’ & ‘AgriTalk’ shall mean the
Website/Application and/or the Company, as the context so requires.
The term ‘Service(s) shall refer to the services that We provide
through our Website/Application, including but not limited to Our
software and Application.
The term ‘Products’ shall mean those products and software offered
by the Company on the Website/Application.
The terms ‘Party’ & ‘Parties’ shall respectively be used to refer to the
User and the Company individually and collectively, as the context so
requires.
The headings of each section in these Terms are only for the
purpose of organizing the various provisions under these Terms
in an orderly manner, and shall not be used by either Party to
interpret the provisions contained herein in any manner.
Further, it is specifically agreed to by the Parties that the
headings shall have no legal or contractual value.
The use of the Website/Application by the User is solely governed by
these Terms as well as the Privacy Policy (‘Policy’, available at
Privacy Policy and any modifications or amendments made thereto by the
Company from time to time, at its sole discretion. Visiting the home
page of the Website/Application and/or using any of the services
provided on the Website/Application shall be deemed to signify the
Users unequivocal acceptance of these Terms and the aforementioned
Policy, and the User expressly agrees to be bound by the same. The
User expressly agrees and acknowledges that the Terms and Policy are
co-terminus, and that expiry/termination of either one will lead to the
termination of the other, save as provided in Section 3 hereunder.
The User unequivocally agrees that these Terms and the
aforementioned Policy constitute a legally binding agreement between
the User and the Company, and that the User shall be subject to the
rules, guidelines, policies, terms, and conditions applicable to any
service that is provided by the Website/Application, and that the same
shall be deemed to be incorporated into these Terms, and shall be
treated as part and parcel of the same. The User acknowledges and
agrees that no signature or express act is required to make these
Terms and the Policy binding on the User, and that the User’s act of
visiting the any part of the Website/Application constitutes the User’s
full and final acceptance of these Terms and the aforementioned Policy.
The Company reserves the sole and exclusive right to amend or modify
these Terms without any prior permission or intimation to the User,
and the User expressly agrees that any such amendments or
modifications shall come into effect immediately. The User has a duty
to periodically check the terms and stay updated on its requirements.
If the User continues to use the Website/Application following such a
change, the User will be deemed to have consented to any and all
amendments/modifications made to the Terms. In so far as the User
complies with these Terms, he/she is granted a personal, nonexclusive,
non-transferable, revocable, limited privilege to enter and
use the Website/Application.
ELIGIBILITY
The User represents and warrants that he/she is competent and
eligible to enter into legally binding agreements and that he/she has
the requisite authority to bind himself/herself to these Terms, as
determined solely by the provisions of the Indian Contract Act, 1872.
The User may not use this Website/Application if he/she is not
competent to contract under the Indian Contract Act, 1872, or is
disqualified from doing so by any other applicable law, rule or
regulation currently in force.
TERM
These Terms shall continue to form a valid and binding contract
between the Parties, and shall continue to be in full force and effect
until:
The User continues to access and use the Website/Application; or
The Transaction between the Parties, if any, concludes to the
satisfaction of both Parties;
Whichever is longer. The Parties agree that certain portions of these
Terms (“Sections), such as Sections 14, 15, 16, & 19, shall continue
to remain in full force and effect indefinitely, even after the expiry or
termination of these Terms as contemplated herein.
TERMINATION
The Company reserves the right, in its sole discretion, to unilaterally
terminate the Users access to the products and services offered on the
Website/Application, or any portion thereof, at any time, without notice
or cause. The User shall continue to be bound by these Terms, and it is
expressly agreed to by the Parties that the User shall not have the
right to terminate these Terms till the expiry of the same, as described
in Clause 3 hereinabove.
ONLINE PLATFORM
The Website/Application provides a platform for a company/Individual
to help them run their farm operations in a very structured and
disciplined manner. The Company makes an effort to provide Agri
businesses the technology and expertise needed to create a smarter
and safer food supply for consumers around the world. We integrate
the agricultural sector with Information and communication Technology
(ICT) by putting a network of ERP and BI (Business Intelligence)
across. The Company with their Website and Mobile Application
simplifies and assists in bridging complex operational challenges in
farm management. The Website/Application allows companies to
connect with all their farms and provides mobility to Farm Field Force.
The platform provides a User-friendly collaborative tool to engage
farmers & farm managers to interact and react. The technology allows
extensive farm data collection and is backed with rich analytics for
quick decision-making.
The Website/Application helps agribusiness to bring transparency to
their remote farm operations there by monitoring progress everyday
and taking corrective measures immediately and help business
managers with analytics to get insights into farm data.
MODE OF OPERATION
Any individual or agribusiness can access the site www.agritalk.org and
Register himself or herself by providing basic information about
themselves or their company. After registration the system sends an
email to registrants email to activate the login. After the login has
been activated, the Users can login to the system using his/ her
credentials and start configuring the system for themselves or their
company. The Users who are the admins shall be able to create other
users and perform admin activities. The data view of all Users is driven
by the roles and the capabilities that the User has. The Users of the
Mobile Application can view all the data that their role supports and
perform of data transactions. The Mobile Application is designed to
work offline in remote areas where connectivity is poor. Users can
work on the offline mode and when the network comes back, the data
will be pushed to the server. The Website users can see all data
captured remotely from Mobile Application on their role. The
application will provide a lot of reports and analytics.
The Company provides this platform help to companies to configure
the system, will conduct training programs for the system, and provide
assistance to answer questions, which they might have. After the end
of the session We will provide summary reports, which analyzes the
data and shows improvement.
REGISTRATION
To fully avail the services of the Website/Application and use it,
registration is required. In order to use the services of this
Website/Application, You are required to register Yourself by providing
the following information which inter alia includes Name, User Name,
Password, Email ID, Mobile Number, permanent account number(PAN),
Bank Account Details, Etc. Farmers who register on the
Website/Application will have to provide information including but not
limited to, Farmer personal information such as family details,
education, assets etc, Farmer plot information, Crop information such
as nature of crop, variety, number acres of land etc., Practices followed
during farming, Fertilizer and Pesticides applied on the crop, Harvest
information etc.
Registration for this Website/Application is available only to those
above the age of 21 years. Barring those Incompetent to Contract
which inter alia include insolvents. If You are a minor and wish to use
the Website/Application, You may do so through Your legal guardian
and VRAKSH AGROTECH PRIVATE LIMITED reserves the right to
terminate Your account on knowledge of You being a minor and having
registered on the Website/Application or availing any of its services.
Further, at any time during Your use of this Website/Application,
including but not limited to the time of registration, You are solely
responsible for protecting the confidentiality of Your username and
password, and any activity under the account shall be deemed to have
been done by You. In the case that You provide Us with false and/or
inaccurate details or We have reason to believe You have done so, We
hold the right to permanently suspend Your account.
COMMUNICATION
By using this Website/Application, and providing his/her contact
information to the Company through the Website/Application, the User
hereby agrees and consents to receiving calls, autodialed and/or prerecorded
message calls, e-mails and SMSs from the Company and/or
any of its affiliates or partners at any time, subject to the Policy. In the
event that the User wishes to stop receiving any such marketing or
promotional calls / email messages / text messages, the User may
choose to unsubscribe form receiving such mails on the
Website/Application. The User agrees and acknowledges that it may
take up to seven (7) business days for the Company to give effect to
such a request by the User.
The User expressly agrees that notwithstanding anything contained
hereinabove, he/she may be contacted by the Company or any of its
affiliates / partners relating to any service availed of by the User on
the Website/Application or anything pursuant thereto. It is expressly
agreed to by the Parties that any information shared by the User with
the Company shall be governed by the Policy.
CHARGES
The downloading and use of this Application by the User and browsing
the Website is free of cost. The User is only required to pay for the
Services availed and the Software purchased from the
Website/Application. However, the Company reserves the right to
amend this no-fee policy and charge the User for any or all services
offered / rendered. In such an event, the User will be intimated of the
same when he/she attempts to access the Website/Application, and
the User shall have the option of declining to avail of the services
offered on the Website/Application. Any such change, if made, shall
come into effect immediately upon such change being notified to the
User, unless specified otherwise.
MODE OF PAYMENT
After the User has selected services he/she wishes to avail from the
Website/Application, the User will be asked for their contact
information, as well as payment related information. You will be
required to send money to us and may be required to receive money
from us. To process such financial transactions, we may use thirdparty
electronic payment processors or service providers (ESPs). As
required, you permanently authorize us to instruct such ESPs to handle
Account deposits and withdrawals from your account. You also
permanently agree that in accordance with your requests as
submitted, we may give such instructions on your behalf. You agree to
be certain by the terms and conditions of use of each appropriate ESP.
In the event of conflict between these Agreements and the ESP’s terms
and conditions, these Agreements shall prevail.
The following modes of payment are accepted on the Website/Application:
Mobile Wallets
Domestic and international credit cards issued by banks and institutions that are part of the Visa, Master card & Amex Card;
Visa Debit cards;
Net banking/Direct Debit payments from select banks in India
Cheque payment.
The Mobile Wallet is a pre-paid payment instrument, which is
associated with your Website account. You can maintain a balance of
money in your wallet, and redeem it on purchase of Products/Services
form the Website/Application at your convenience. Please note that the
issuer of the Wallet shall be responsible for redeeming the money lying
to Your credit of Your wallet account and VRAKSH AGROTECH
PRIVATE LIMITED does not assume any risk, liability or responsibility
with respect to wallet money. Your Wallet can be refilled, using any of
the pre-paid payment options that are mentioned above. You will be
able to recharge Your Wallet and complete transactions on the
Website/Application there is no need to maintain a minimum balance.
As prescribed by the financial institutions issuing the credit or debit
cards affiliated with Visa and MasterCard you will required to submit
your 16-digit credit card number, card expiry date and 3-digit CVV
number (usually on the reverse of the card) when you make your
online transaction using your Credit or Debit card. You should also
have enrolled your Credit Card with VBV (Verified by Visa) or MSC
(MasterCard Secure Code) to complete the transaction. To place a
valid order on the Website/Application, the User is required to
complete the transaction, including making payment for the
product/services opted for. Once the payment transaction has been
successfully completed, the Users order will be processed on receipt of
the funds from the Users bank or credit card Partnership. It is at this
stage that the Users order is successfully placed. Thereafter, the
products / services purchased by the User will be activated based on
successful completion of verification of information furnished by the
user. The User is hereby expressly made aware that his/her card
statements will reflect that a payment has been made in favour of
VRAKSH AGROTECH PRIVATE LIMITED. The User is further aware
that in case of third party statements, including bank and credit card
statements, the merchant name may appear in an abbreviated format,
and the Company has no control over the same. By placing an order
on the site, the User expressly agrees to the terms and conditions and
payment policy published in the appropriate section of the
Website/Application, or affiliated Website/Applications where reference
to such affiliated Website/Applications has been specifically made.
However, subject to development of the mode of payment the
payment gateway might change.
SECURITY
Transactions on the Website/Application are secure and protected. Any
information entered by the User when transacting on the
Website/Application is encrypted to protect the User against
unintentional disclosure to third parties. The Users credit and debit
card information is not received, stored by or retained by the
Company/Website/Application in any manner. This information is
supplied by the User directly to the relevant payment gateway which is
authorized to handle the information provided, and is compliant with
the regulations and requirements of various banks and institutions and
payment franchisees that it is associated with.
USER OBLIGATION
The User agrees and acknowledges that he/she is a restricted user of
this Website/Application, and that he/she:
is bound not to cut, copy, distribute, modify, recreate, reverse
engineer, distribute, disseminate, post, publish or create derivative
works from, transfer, or sell any information or software obtained from
the Website/Application. Any such use/limited use of the
Website/Application will only be allowed with the prior express written
permission of the Company. For the removal of doubt, it is clarified
that unlimited or wholesale reproduction, copying of the content for
commercial or non-commercial purposes and unwarranted modification
of data and information contained on the is expressly prohibited.
agrees not to access (or attempt to access) the Website/Application
and/or the materials or services by any means other than through the
interface provided by the Website/Application. The use of deep-link,
robot, spider or other automatic device, program, algorithm or
methodology, or any similar or equivalent manual process, to access,
acquire, copy or monitor any portion of the Website/Application or its
content, or in any way reproduce or circumvent the navigational
structure or presentation of the Website/Application, materials or any
content, or to obtain or attempt to obtain any materials, documents or
information through any means not specifically made available through
the Website/Application will lead to suspension or termination of the
Users access to the Website/Application, as detailed in Section 11
herein below. The User acknowledges and agrees that by accessing or
using the Website/Application or any of the services provided therein,
he/she may be exposed to content that he/she may consider offensive,
indecent or otherwise objectionable. The Company disclaims any and
all liabilities arising in relation to such offensive content on the
Website/Application. The User expressly agrees and acknowledges that
the Products/ Services displayed on the Website/Application are not
owned by the Company/Website/Application, and that the same are
the exclusive property of certain third parties who have chosen to
market their products through the Company’s Website/Application, and
that the Company/Website/Application is in no way responsible for the
content of the same. The User may however report any such offensive
or objectionable content, which the Company may then remove from
the Website/Application, at its sole discretion.
In places where Website/Application permits the User to post or upload
data/information, the User undertakes to ensure that such material is
not offensive or objectionable, and is in accordance with applicable
laws. The User expressly agrees that any such material that is deemed
to be objectionable/offensive may be removed from the
Website/Application immediately and without notice, and further that
the Users access to the Website/Application may also be permanently
revoked, at the sole discretion of the Company.
Further undertakes not to:
Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean
or otherwise violate the legal rights of any other person or entity;
Engage in any activity that interferes with or disrupts access to the
Website/Application or the services provided therein (or the servers
and networks which are connected to the Website/Application);
Impersonate any person or entity, or falsely state or otherwise
misrepresent his/her affiliation with a person or entity;
Publish, post, disseminate, any information which is grossly harmful,
harassing, blasphemous, defamatory, obscene, pornographic,
paedophilic, libellous, invasive of another’s privacy, hateful, or racially,
ethnically objectionable, disparaging, relating or encouraging money
laundering or gambling, or otherwise unlawful in any manner whatever
under any law, rule or regulation currently in force; or unlawfully
threatening or unlawfully harassing including but not limited to
“indecent representation of women” within the meaning of the
Indecent Representation of Women (Prohibition) Act, 1986;
Post any image/file/data that infringes the copyright, patent or
trademark of another person or legal entity;
Upload or distribute files that contain viruses, corrupted files, or any
other similar software or programs that may damage the operation of
the Website/Application;
Download any file posted/uploaded by another user of the
Website/Application that the User is aware, or should reasonably be
aware, cannot be legally distributed in such a manner;
Probe, scan or test the vulnerability of the Website/Application or any
network connected to the Website/Application, nor breach the security
or authentication measures on the Website/Application or any network
connected to the Website/Application. The User may not reverse lookup,
trace or seek to trace any information relating to any other user of,
or visitor to, the Website/Application, or any other customer of the
Website/Application, including any user account maintained on the
Website/Application not operated/managed by the User, or exploit the
Website/Application or information made available or offered by or
through the Website/Application, in any manner;
Disrupt or interfere with the security of, or otherwise cause harm to,
the Website/Application, systems resources, accounts, passwords,
servers or networks connected to or accessible through the
Website/Applications or any affiliated or linked Website/Applications;
Collect or store data about other users of the Website/Application.
Use the Website/Application or any material or content therein for any
purpose that is unlawful or prohibited by these Terms, or to solicit the
performance of any illegal activity or other activity which infringes the
rights of this Website/Application or any other third party(ies);
Violate any code of conduct or guideline which may be applicable for or
to any particular product or service offered on the Website/Application;
Violate any applicable laws, rules or regulations currently in force
within or outside India;
Violate any portion of these Terms or the Policy, including but not
limited to any applicable additional terms of the Website/Application
contained herein or elsewhere, whether made by amendment,
modification, or otherwise;
Threaten the unity, integrity, defence, security or sovereignty of India,
friendly relations with foreign states, or public order, or cause
incitement to the commission of any cognizable offence, or prevent the
investigation of any offence, or insult any other nation.
Publish, post, or disseminate information that is false, inaccurate or
misleading;
Directly or indirectly offer, attempt to offer, trade, or attempt to trade,
any item the dealing of which is prohibited or restricted in any manner
under the provisions of any applicable law, rule, regulation or guideline
for the time being in force.
Commit any act that causes the Company to lose (in whole or in part)
the services of its internet service provider (“ISP“) or in any manner
disrupts the services of any other supplier/service provider of the
Company/Website/Application;
Engage in advertising to, or solicitation of, other users of the
Website/Application to buy or sell any products or services not
currently displayed on the Website/Application. The User may not
transmit any chain letters or unsolicited commercial or junk
email/messages to other users via the Website/Application or through
any other internet based platform infringing the reputation of the
company or its products.. It shall be a violation of these Terms to use
any information obtained from the Website/Application in order to
harass, abuse, or harm another person, or in order to contact,
advertise to, solicit, or sell to another user of the Website/Application
without the express prior written consent of the Company.
The User expressly understands and agrees the following.
In order to browse through the general services offered by the
Website/Application, You need not be a Registered User. However,
certain parts or sections of the Website/Application demand You to
register. If registration is required, You agree to provide us with
accurate and complete registration information.
It is the sole responsibility of the user to inform Company of any
changes to that information.
Each registration is for a single individual only, unless specifically
designated otherwise on the registration page.
You are responsible for maintaining the confidentiality of your account
credentials.
You shall be responsible for all uses of your account, whether or n
authorized by You. You agree to immediately notify us of any
unauthorized access or use of Your account or password.
When a user registers on the Website/Application, You will be asked to
provide us with certain information including, without limitation, Your
name, username, contact number, date of birth, gender, and a valid
email address.
vii. In addition to these Terms of Use, You understand and agree that
We may collect and disclose certain information about You to third
parties. In order to understand how We collect and use your
information, please visit our Privacy Policy at Privacy Policy.
The User hereby expressly authorises the
Company/Website/Application to disclose any and all information
relating to the User in the possession of the
Company/Website/Application to law enforcement or other government
officials, as the Company may in its sole discretion, believe necessary
or appropriate in connection with the investigation and/or resolution of
possible crimes, especially those involve personal injury and
theft/infringement of intellectual property. The User further
understands that the Company/Website/Application might be directed
to disclose any information (including the identity of persons providing
information or materials on the Website/Application) as necessary to
satisfy any judicial order, law, regulation or valid governmental
request.
The User expressly agrees and acknowledges that the
Company/Website/App has no obligation to monitor the materials
posted on the Website/Application, but that it has the right to remove
or edit any content that in its sole discretion violates, or is alleged to
violate, any applicable law or either the spirit or letter of these Terms.
Notwithstanding this right, the User remains solely responsible for the
content of the materials posted on the Website/Application by him/her.
In no event shall the Company/Website/Application assume or be
deemed to have any responsibility or liability for any content posted,
or for any claims, damages or losses resulting from use of any such
content and/or the appearance of any content on the
Website/Application. The User hereby represents and warrants that
he/she has all necessary rights in and to all content provided as well as
all information contained therein, and that such content does not
infringe any proprietary or other rights of any third party(ies), nor does
it contain any libellous, tortuous, or otherwise unlawful or offensive
material, and the User hereby accepts full responsibility for any
consequences that may arise due to the publishing of any such
material on the Website/Application.
SUSPENSION OF USER ACCESS AND ACTIVITY
Notwithstanding other legal remedies that may be available to it, the
Company may in its sole discretion limit the User’s access and/ or
activity by immediately removing the User’s access credentials either
temporarily or indefinitely, or suspend/terminate the User’s
membership, and/or refuse to provide User with access to the
Website/Application, without being required to provide the User with
notice or cause
If the User is in breach of any of these Terms or the Policy;
If the User has provided wrong, inaccurate, incomplete or incorrect
information;
If the Users actions may cause any harm, damage or loss to the other
users or to the Website/Application/Company, at the sole discretion of
the Company.
INDENTITY AND LIMITATIONS
The User hereby expressly agrees to defend, indemnify and hold
harmless the Website/Application and the Company, its parent,
subsidiaries, affiliates, employees, directors, officers, agents and their
successors and assigns and against any and all claims, liabilities,
damages, losses, costs and expenses, including attorney’s fees, caused
by or arising out of claims based upon the User’s actions or inactions,
including but not limited to any warranties, representations or
undertakings, or in relation to the non-fulfilment of any of the Users
obligations under this Agreement, or arising out of the User’s
infringement of any applicable laws, rules and regulations, including
but not limited to infringement of intellectual property rights, payment
of statutory dues and taxes, claims of libel, defamation, violation of
rights of privacy or publicity, loss of service by other subscribers, or
the infringement of any other rights of a third party.
In no event shall the Company/Website/Application be liable to
compensate the User or any third party for any special, incidental,
indirect, consequential or punitive damages whatsoever, including
those resulting from loss of use, data or profits, whether or not
foreseeable, and whether or not the Company/Website/Application had
been advised of the possibility of such damages, or based on any
theory of liability, including breach of contract or warranty, negligence
or other tortuous action, or any other claim arising out of or in
connection with the Users use of or access to the Website/Application
and/or the products, services or materials contained therein.
The limitations and exclusions in this section apply to the maximum
extent permitted by applicable law, and the Parties expressly agree
that in the event of any statute, rule, regulation or amendment coming
into force that would result in the Company/Website/Application
incurring any form of liability whatsoever, these Terms and the Policy
will stand terminated one (1) day before the coming into effect of such
statute, rule, regulation or amendment. It is further agreed to by the
Parties that the contents of this Section shall survive even after the
termination or expiry of the Terms and/or Policy.
INTELLECTUAL PROPERTY RIGHTS
Unless expressly agreed to in writing, nothing contained herein shall
give the User a right to use any of the Website/Applications trade
names, trademarks, service marks, logos, domain names, information,
questions, answers, solutions, reports and other distinctive brand
features, save according to the provisions of these Terms. All logos,
trademarks, brand names, service marks, domain names, including
material, designs, and graphics created by and developed by the
Website/Application and other distinctive brand features of the
Website/Application are the property of the Company. Furthermore,
with respect to the Website/Application created by the Company, the
Company shall be the exclusive owner of all the designs, graphics and
the like, related to the Website/Application.
The User may not use any of the intellectual property displayed on the
Website/Application in any manner that is likely to cause confusion
among existing or prospective users of the Website/Application, or that
in any manner disparages or discredits the
Company/Website/Application, to be determined in the sole discretion
of the Company.
The User is aware that the Product/ services sold are creations of their
respective owners, and all intellectual property, including but not
limited to copyrights, relating to said products resides with the said
owners, and that at no point does any such intellectual property stand
transferred from the aforementioned owners to the
Website/Application/Company, or to the User. The User is aware that
the Company merely provides a platform through which the
aforementioned products/services are listed for sale to the users of the
Website/Application, and the neither the Company nor the
Website/Application owns any of the intellectual property relating to
the products displayed on the Website/Application.
The User is further aware that any reproduction or infringement of the
intellectual property of the aforementioned owners by the User will
result in legal action being initiated against the User by the respective
owners of the intellectual property so reproduced / infringed upon. It is
agreed to by the Parties that the contents of this Section shall survive
even after the termination or expiry of the Terms and/or Policy.
DISLAIMER OF WARRANTIES AND LIABILITIES
Except as otherwise expressly stated on the Website/Application, all
Products/Services offered on the Website/Application are offered on an
“as is” basis without any warranty whatsoever, either express or
implied.
The Website/Application uses third parties data source to provide value
add services such as weather forecast, Mandi price, Satellite data or
any other associated public data for which the Company doesn’t
guarantee the accuracy and authenticity of such data
All commercial/contractual terms are offered by and agreed to between
the Company and the Users alone. The commercial/contractual terms
include without limitation, price, payment methods, payment terms,
date, period and mode of delivery, warranties related to products and
services and after sales services related to Products and Services.
The basic prices of the Products/Services offered on the website shall
be exclusive of certain chargeable services including but not limited to
training cost, consulting cost, advance analytics cost etc., for which the
User may have to pay additionally.
In no event will the Company/Website/Application be liable for any
money lying to Your credit in wallet, any special, incidental, indirect or
consequential damages or losses of any kind, arising from the use of
Wallet or association with the Wallet.
The Website/Application publishes its own Agronomy practices or
Agronomical advice, which can be used by Users and farmers, The
Company shall not be responsible/liable for any negative impact on
their farms. The User hereby expressly accepts any and all associated
risks associated with taking such advice.
The Company/Website/Application does not make any representation
or Warranty as to specifics (such as quality, value, saleability, etc.) of
the Products or Services proposed to be sold or offered to be sold or
purchased on the Website/Application. The
Company/Website/Application does not implicitly or explicitly support
or endorse the sale or purchase of any products or services on the
Website/Application.
The User agrees and undertakes that he/she is accessing the
Website/Application and transacting at his/her sole risk and are that
he/she is using his/her best and prudent judgment before purchasing
any product/service listed on the Website/Application, or
accessing/using any information displayed thereon
The User’s access is controlled by the company/Individuals. The admin
can design role and associates capabilities of roles and assign such
roles to Users. The data collected by the Company is private to them
by default. The Users may choose all/certain part of their data public to
avail other service provided on www.agritalk.org
The Website/Application and the Company accepts no liability for any
errors or omissions, whether on behalf of itself or third parties, or for
any damage caused to the User, the Users belongings, or any third
party, resulting from the use or misuse of any product purchased or
service availed of by the User from the Website/Application.
The Company/Website/Application does not guarantee that the
Products and Services contained in the Website/Application will be
uninterrupted or error-free, or that the Website/Application or its
server will be free of viruses or other harmful components, and the
User hereby expressly accepts any and all associated risks involved
with the User’s use of the Website/Application.
It is further agreed to by the Parties that the contents of this Section
shall survive even after the termination or expiry of the Terms and/or
Policy.
SUBMISSIONS
Any comments, ideas, suggestions, initiation, or any other content
contributed by the User to the Company or this Website/Application
will be deemed to include a royalty-free, perpetual, irrevocable,
nonexclusive right and license for the Company to adopt, publish,
reproduce, disseminate, transmit, distribute, copy, use, create
derivative works, display worldwide, or act on such content, without
additional approval or consideration, in any media, or technology now
known or later developed, for the full term of any rights that may exist
in such content, and the User hereby waives any claim to the contrary.
The User hereby represents and warrants that he/she owns or
otherwise controls all of the rights to the content contributed to the
Website/Application, and that use of such content by the
Company/Website/Application does not infringe upon or violate the
rights of any third party. In the event of any action initiated against
the Company/Website/Application by any such affected third party, the
User hereby expressly agrees to indemnify and hold harmless the
Company/Website/Application, for its use of any such information
provided to it by the User. The Company reserves its right to defend
itself in any such legal disputes that may arise, and recover the costs
incurred in such proceedings from the User.
FORCE MAJEURE
Neither the Company nor the Website/Application shall be liable for
damages for any delay or failure to perform its obligations hereunder if
such delay or failure is due to cause beyond its control or without its
fault or negligence, due to Force Majeure events including but not
limited to acts of war, acts of God, earthquake, riot, sabotage, labour
shortage or dispute, internet interruption, technical failure, breakage of
sea cable, hacking, piracy, cheating, illegal or unauthorized.
DISPUTE RESOLUTION AND JURISDICTION
It is expressly agreed to by the Parties hereto that the formation,
interpretation and performance of these Terms and any disputes
arising herefrom will be resolved through a two-step Alternate Dispute
Resolution (“ADR“) mechanism. It is further agreed to by the Parties
that the contents of this Section shall survive even after the
termination or expiry of the Terms and/or Policy.
Mediation: In case of any dispute between the parties, the Parties will
attempt to resolve the same amicably amongst themselves, to the
mutual satisfaction of both Parties. In the event that the Parties are
unable to reach such an amicable solution within thirty (30) days of
one Party communicating the existence of a dispute to the other Party,
the dispute will be resolved by arbitration, as detailed hereinbelow;
Arbitration: In the event that the Parties are unable to amicably
resolve a dispute by mediation, said dispute will be referred to
arbitration by a sole arbitrator to be appointed by the Company, and
the award passed by such sole arbitrator will be valid and binding on
both Parties. The Parties shall bear their own costs for the proceedings,
although the sole arbitrator may, in his/her sole discretion, direct
either Party to bear the entire cost of the proceedings. The arbitration
shall be conducted in English, and the seat of Arbitration shall be the
city of Bangalore in the state of Karnataka, India.
The Parties expressly agree that the Terms, Policy and any other
agreements entered into between the Parties are governed by the
laws, rules and regulations of India, and that the Courts at Bangalore
shall have exclusive jurisdiction over any disputes arising between the
Parties.
NOTICES
Any and all communication relating to any dispute or grievance
experienced by the User may be communicated to the Company by the
User reducing the same to writing, and sending the same to the
registered office of the Company by Registered Post Acknowledgement
Due/Speed Post Acknowledgement Due (RPAD / SPAD).
MISCELLANEOUS PROVISIONS
Entire Agreement: These Terms, read with the Policy form the
complete and final contract between the User and the Company with
respect to the subject matter hereof and supersedes all other
communications, representations and agreements (whether oral,
written or otherwise) relating thereto;
Waiver: The failure of either Party at any time to require performance
of any provision of these Terms shall in no manner affect such Party’s
right at a later time to enforce the same. No waiver by either Party of
any breach of these Terms, whether by conduct or otherwise, in any
one or more instances, shall be deemed to be or construed as a further
or continuing waiver of any such breach, or a waiver of any other
breach of these Terms.
Severability: If any provision/clause of these Terms is held to be
invalid, illegal or unenforceable by any court or authority of competent
jurisdiction, the validity, legality and enforceability of the remaining
provisions/clauses of these Terms shall in no way be affected or
impaired thereby, and each such provision/clause of these Terms shall
be valid and enforceable to the fullest extent permitted by law. In such
case, these Terms shall be reformed to the minimum extent necessary
to correct any invalidity, illegality or unenforceability, while preserving
to the maximum extent the original rights, intentions and commercial
expectations of the Parties hereto, as expressed herein.