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.
The domain name www.smartfarm.cropin.in (“Website”,”Cropin”) and the IOS and Andrioid Application “Smartfarm” is owned and operated by CropIn Technology solutions Private Limited (“Company”) a private limited company registered under the Companies Act 2013, and having its registered office at #681, 1st Floor, 15th Cross, Dalmia Circle, 100 feet road JP Nagar, 2nd Phase, Bangalore, Karnataka India-560078, 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.
i) 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 CropIn Technology Solutions Private Limited;
ii) The terms ‘We’, ‘Us’, ‘Our’ & ‘Cropin’ shall mean the Website/Application and/or the Company, as the context so requires.
iii) 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.
iv) The term ‘Products’ shall mean those products and software offered by the Company on the Website/Application.
v) 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 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, non-exclusive, non-transferable, revocable, limited privilege to enter and use the Website/Application.
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.
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.
The Company reserves the right, in its sole discretion, to unilaterally terminate the Userâ€™s 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.
5. 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 .
6. MODE OF OPERATION
Any individual or agribusiness can access the site smartfarm.cropin.inand 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.
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 CropIn Technology solutions 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.
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 pre-recorded 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 receiveing 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
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.
10. 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 third-party 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:
a) Mobile Wallets
b) Domestic and international credit cards issued by banks and institutions that are part of the Visa, Master card & Amex Card;
c) Visa Debit cards;
d) Net banking/Direct Debit payments from select banks in India
e) 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 CropIn Technology solutions 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 Userâ€™s order will be processed on receipt of the funds from the Userâ€™s bank or credit card Partnership. It is at this stage that the Userâ€™s 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 CropIn Technology solutions 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.
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 Userâ€™s 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.
12. 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 Userâ€™s access to the Website/Application, as detailed in Section 11 hereinbelow. 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 Companyâ€™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 Userâ€™s access to the Website/Application may also be permanently revoked, at the sole discretion of the Company.
Further undertakes not to:
i) Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of any other person or entity;
ii) 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);
iii) Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
iv) 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;
v) Post any image/file/data that infringes the copyright, patent or trademark of another person or legal entity;
vi) 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;
vii) 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;
viii) 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 look-up, 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;
ix) 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;
x) Collect or store data about other users of the Website/Application.
xi) 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);
xii) Violate any code of conduct or guideline which may be applicable for or to any particular product or service offered on the Website/Application;
xiii) Violate any applicable laws, rules or regulations currently in force within or outside India;
xiv) 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;
xv) 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.
xvi) Publish, post, or disseminate information that is false, inaccurate or misleading;
xvii) 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.
xviii) 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 expresss prior written consent of the Company.
The User expressly understands and agrees the following.
i) 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 demands You to register. If registration is required, You agree to provide us with accurate and complete registration information.
ii) It is the sole responsibility of the user to inform Company of any changes to that information.
iii) Each registration is for a single individual only, unless specifically designated otherwise on the registration page.
iv) You are responsible for maintaining the confidentiality of your account credentials.
v) You shall be responsible for all uses of your account, whether or not authorized by You. You agree to immediately notify us of any unauthorized access or use of Your account or password.
vi) 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.
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.
13. 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 Userâ€™s 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.
14. 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 Userâ€™s 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 Userâ€™s 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.
15. INTELLECTUAL PROPERTY RIGHTS
Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Website/Applicationâ€™s 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.
16. 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 doesnâ€™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, salability, 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.smartfarm.cropin.in.
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 Userâ€™s 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.
l) 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.
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.
18. 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, labor shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.
19. 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.
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).
21. 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.