These terms and conditions (“Terms & Conditions”) govern the use of the ‘Products’ section where available (“Products Section”) the website– “Farme (“Website”).
It is hereby clarified that the term “Users” or “You” shall mean any person duly registered and using the Platform i.e. consumers, farmers and/or farmers societies/groups.
Your use of this Platform implies that You have read, understood and agreed to abide by following, disclaimer, terms & conditions (“Terms & Conditions”). These Terms & Conditions read
Please read these Terms & Conditions carefully before accessing or using Our Platform or any part thereof. By accessing or using any part of the Platform, You agree to be bound by these Terms & Conditions.
If You do not agree to all the terms and conditions of this agreement, then You may not access the Platform or use any services provided by Us.
These Terms and Conditions form a legal and binding agreement between the User and Us and is made pursuant to the terms of the Information Technology Act, 2000.
In the event You wish to avail any of the services or products displayed on the Platform.
Various services are provided on the Platform, including but not limited to (“Services”):
(a)Users can access the details provided on the Platform with regard to various products such as seeds,
fertilizers, farming tools, machinery, equipment, pesticides, animal husbandry, organic farming products etc.
(b) Users can pick and choose farming supplies / products and add them to their Bag/Cart for purchasing;
(c) In the event You have registered Your phone number on the ‘Do Not Disturb’ registers with Your network provider,
You shall ensure to take all steps to enable the Company’s representative’s to contact You via phone to provide details and
You shall ensure that such calls received by You are pursuant to You providing Us with information and You shall not register a compliant with the relevant authorities for the same.
For the provision of the above-mentioned Services, We will be using and sharing the information of the User with other parties,
as may be required for the purpose mentioned above or otherwise and We shall also require the Users to provide specific details and
requirement with regard to services and products such User is intending to avail. The collection, storing, use and transfer of information
The User of this Platform unequivocally declares and agrees that the User is a natural / legal person who has attained the age of at least 18 (Eighteen)
years and is legally allowed to enter into a contract in India. The User is allowed to utilize the Services in accordance with the terms and conditions detailed hereinafter.
The User hereby undertakes to agree and abide by the Terms & Conditions detailed herein. If the User violates any of these Terms & Conditions, We may terminate the User’s membership, delete his/her profile and any content or information posted online by the User on the Platform or prohibit the User from using or accessing the Platform at any time in its sole discretion, with or without notice, including without limitation if We believe that User is under the age of 18 (Eighteen) years.
ACCEPTANCE OF TERMS AND CONDITION
You are advised to read and understand the said Terms & Conditions and in case You do not wish to agree to these Terms & Conditions, please refrain from using or accessing the Platform or any part thereof.
We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms & Conditions or any other terms appearing on the Platform, at any time without any prior written notice to the User.
It is the User’s responsibility to review these Terms & Conditions and other terms periodically for any updates/ changes. The modification of these Terms and Conditions or such other terms will imply the acceptance by the User
of the revisions. You will be subject to the policies and the Terms & Conditions in force at the time You order goods from Us, unless any change to those policies or these conditions is required to be made by law or government
authority (in which case it will apply to orders previously placed by You). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
If You wish to use the Platform,as the case may be, and You will be required to furnish certain information and details, including Your name, email id, contact number and any other information deemed necessary by Us.
We may also seek additional information if You wish to avail financial services from Our lending partners for the purpose of accepting Your eligibility for the financial products offered on Our Platform through various regulated financial institutions.
You are responsible for maintaining the confidentiality and security of Your account, password, activities that occur in or through Your account and for restricting access to Your computer or mobile, as the case may be, to prevent unauthorized access to Your account.
You agree to accept responsibility for all activities that occur under Your account or password, computer, mobile etc. You should take all necessary steps to ensure that the password is kept confidential and secure and You should inform Us immediately if You have any
reason to believe that Your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner.
Please ensure that the details You provide to Us are true, correct, accurate and complete. Upon Us gaining knowledge of having any reasonable suspicion that the information provided by You is wrong, inaccurate or incorrect, We shall immediately terminate Your account without
any notice to You in this regard and shall retain the information as became available from Your access through mobile and shall take such action as We deem fit. In the event of any changes to the information shared by You after registering Yourself on the Platform, You shall be
responsible for forthwith notifying the said changes to Us. You can access and update most of the information You provided us on Your account area in the Platforms after You log-in at www.farme.in or by writing to Us at www.farme.in. The right to use this Platform is personal to the User and is not transferable to any other person or entity.
You shall at all times abide by the Terms and Conditions stated herein and any breach of these conditions may also lead to Us terminating Your account and appropriate civil and criminal remedies will be sought against You as provided under the laws of India.
6. LICENSE AND ACCESS
We grant You a limited, non-transferable and revocable, temporary license to access and use the Platform or any part thereof for availing the Services, but not to download any material from it (other than page caching) or modify it,
or any portion of it, except with Our express written consent, and/or Our affiliates, as may be applicable. Any unauthorized access to the Platform (or any part thereof) or any networks, servers or computer systems connected to Platform
and any attempt to modify, adapt, translate or reverse engineer any part of the Platform or re-format or frame any portion of the pages of the Platform save to the extent expressly permitted by these Terms & Conditions, is not permitted.
This license is non-transferable and does not permit any resale or commercial use of this Platform or its contents; any downloading or copying of account information for the benefit of anyone other than Your own use; or any use of data mining,
robots, or similar data gathering and extraction tools. The Platform or any portion of the Platform (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied,
sold, resold, visited, distributed or otherwise exploited for any commercial purpose without Our express written consent, and / or Our affiliates, as may be applicable. Any unauthorized use of the Platform shall terminate the permission or revoke the license granted by Us.
You are permitted to use content delivered to You through the Service only for the Service. You may not copy, reproduce, distribute, or create derivative works from this content. Further, You agree not to reverse engineer or reverse compile any of the Service technology,
including but not limited to, any Java applets associated with the Service.
7.ACCOUNT AND REGISTRATION OBLIGATIONS
You have to keep your account and registration details current and correct for communications. By agreeing to the terms and conditions, You agree to receive promotional communication and newsletters upon registration. You can opt out either by unsubscribing in “My Account” or by contacting the customer service.
Items in Your Shopping Cart will always reflect the most recent price displayed on the item’s product detail page. All prices are listed in Rupees. “Price”, as displayed, is inclusive of all taxes at the appropriate rate.
Availability estimates are provided on product detail pages, depending upon the status of the item’s stock with the respective seller. Please note that dispatch estimates are just that. They are not guaranteed dispatch times
and should not be relied upon as such. As We process Your order, you will be informed by e-mail/SMS notification/IVR call or any such medium of communication, if any products you order turn out to be unavailable.
The prices mentioned at the time of ordering will be the prices charged on the date of the delivery.
Shipping charges if any will be communicated to You at the time of placing your order / during Your order confirmation stage.
The warranty provided on items will vary. If warranty is offered, it will be mentioned on the product details page for the item. If there is no mention of warranty on the product details page, it is not offered for that item.
You as a customer can cancel your order anytime up to the cut-off time of the slot for which you have placed an order by calling our customer service. In such a case, We will refund any payments already made by You for the order. If We suspect any fraudulent transaction by any customer or any transaction which violates the Terms & Conditions, We at our sole discretion could cancel such orders. We will maintain a negative list of all fraudulent transactions and customers and would deny access to them or cancel any orders placed by them.
9.RETURN AND REFUNDS
In case if any product is found damaged or not in working condition at the time of delivery of the product, or if You are not satisfied with the delivered product, You can return those products or raise a request for the replacement against the product. No return will be accepted upon delivery of the product to You and upon Your acceptance of such delivery. If You are not satisfied with the products delivered, We will take the returned product back with us subject to the products being in good, saleable condition.. No returns will be accepted, nor will
We be liable to make any refunds or issue any credit notes, or make any settlements with respect to products which are not in saleable condition or are damaged after delivery to You.
In case of a prepaid item/order getting returned, You will get the amount credited to Your wallet/account against the returned item/order within 15 (fifteen) working days from the raising of returns request.
In case You raise any complaint against the delivered and accepted product, we will initiate replacement of the product only upon validation of the complaint by Our customer support executives.
All rewards or cashback for Prepaid orders will be added to your account/wallet only after successful delivery
10.YOU AGREE AND CONFIRM
That the product(s) ordered by You are not for re-sale.
That in the event that a non-delivery occurs on account of a mistake by You (i.e. wrong name or address or any other wrong information) any extra cost incurred by Us or our service partners for redelivery shall be claimed from You.
That You will use the services provided by Us, Our affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using and transacting on the Platform.
You will provide authentic and true information in all instances where such information is requested of You. We reserve the right to confirm and validate the information and other details provided by You at any point of time.
If upon confirmation Your details are found not to be true (wholly or partly), We have the right in Our sole discretion to reject the registration and debar You from using the Services and / or other affiliated websites without prior intimation whatsoever.
That You are accessing the Services and transacting at Your sole risk and are using Your best and prudent judgment before entering into any transaction through this Platform.
That the address at which delivery of the product ordered by You is to be made will be correct and proper in all respects.
That before placing an order, You will check the product description carefully. By placing an order for a product, You agree to be bound by the conditions of sale included in the item’s description.
11.MONITORING OF THE PLATFORM AND YOUR ACCOUNT
We have the right and liberty to monitor the content of the Platform or any part thereof at all times which shall include information provided in Your account. The monitoring of the Platform is important to determine the veracity of the information provided by You and that every User remains in consonance with the Terms & Conditions provided herein. Subject to the
Terms & Conditions mentioned herein, We shall also have the liberty to remove any objectionable content which is in contravention of the Terms & Conditions or any applicable laws in force in India or share such information with any governmental authority as per procedures laid down by the law for the time being in force in India.
We may wish to stop providing the Services and may terminate use of it at any time without giving notice of termination to You. Unless We inform the User otherwise, upon any termination, (a) the rights and licenses granted to You in these Terms and Conditions will end; and (b) User must stop using the Platform or any part thereof forthwith. We reserve the right to suspend or cease providing any Service and shall have no liability or responsibility to the User in any manner whatsoever.
13. PROHIBITED USES
In addition to other prohibitions as set forth in the Terms & Conditions, You are prohibited from using the Platform: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate Your use of the Service or any related website for violating any of the prohibited uses.
14.COPYRIGHT AND TRADEMARK
Agrosmart Services Private Limited (“ASPL”) and We, Our suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Platform. Access to this Platform does not confer and shall not be considered as conferring upon anyone any license under any of Our or any third party’s intellectual property rights. All rights, including copyright, in this website are owned by or licensed to Us from ASPL. Any or its contents, including copying or storing it or them in whole or part, other than for Your own personal, non-commercial use is prohibited without permission from Us or ASPL. You may not modify, distribute or re-post anything for any purpose. The names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of ASPL, Us, Our affiliates, Our partners or Our suppliers. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Platform. Access to this Platform does not authorize anyone to use any name, logo or mark in any manner. References on this Platform to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to You and do not in any way constitute or imply endorsement from Us or ASPL, sponsorship or recommendation of the third party, information, product or service. Neither We nor ASPL are responsible for the content of any third party sites, and ASPL and We do not make any representations regarding the content or accuracy of material on such sites. If You decide to link to any such third party websites, You do so entirely at your own risk. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Platform (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Platform for Your personal use only. No right, title or interest in any downloaded materials or software is transferred to You as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Platform or any related software. All software used on this Platform is the property of ASPL or its licensees and suppliers and protected by Indian and international copyright laws. The Contents and software on this Platform may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Platform is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by ASPL, one of ASPL’s affiliates or by third parties who have licensed their materials to Us and are protected by Indian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Platform is the exclusive property of ASPL and Us and is also protected by Indian and international copyright laws.
LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES
Notwithstanding anything to the contrary contained herein, neither We nor Our affiliated companies,
subsidiaries, officers, directors, employees or any related party shall have any liability to You or to any third party for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or relating to these Terms & Conditions.
To the maximum extent permitted by law, You waive, release, discharge and hold harmless Us, Our affiliated and subsidiary companies, and each of their directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of Your accessing or use of the Platform.
As a User, You also acknowledge that We have maintained and carried out all possible checks and balances to assure the credibility of the Users as listed on the Platform. The information provided is based on the information that is provided to Us by Our Users.
In case the User does not disclose any information to Us, and the same is not found out at the first instance by Us,
We shall not be responsible for any claims or liabilities. We, in any event are not responsible for any default in return of money that is borrowed from the financial partners and the financial partners shall have the exclusive right to initiate proceedings against the defaulter borrower.
We shall to the best of its abilities aid the concerned User in terms of provision of information to initiate any legal proceedings. However, We shall not be responsible for any default on behalf of the User. We are merely an information technology platform and the User is entitled to conduct its own diligence before taking any steps to initiate the processes outlined on the Platform or any part thereof.
We do not make any representations or warranties on behalf of the accuracy of the services, third party products provided in the Platform.
We make no representations or warranties about the accuracy, reliability, completeness, current-ness and/or timeliness of any content, information, software, text, graphics, links or communications provided will be error free and/or uninterrupted. Consequently, We assume no liability whatsoever for any monetary or other damage suffered by You on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the; and/or any interruption or errors. This limitation of liability clause shall prevail over any conflicting or inconsistent provision contained in any of the documents / content comprising this Terms & Conditions. It is up to You to take precautions to ensure that whatever You select for Your use is free of such items as viruses, worms, malware, Trojan horses and other items of a destructive nature.
We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both You and Us when a contract for the sale of goods by Us to You was formed.
We will not be held responsible for any delay or failure to comply with Our obligations under these conditions, if the delay or failure arises from any cause which is beyond Our reasonable control. This condition does not affect Your statutory rights.
YOUR ACCESS OR USE OF THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE FURTHER MAKE NO WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
YOU FURTHER AGREE THAT NEITHER WE NOR THIRD PARTY SERVICE PROVIDER NOR ANY OF THEIR AFFILIATES, ACCOUNT PROVIDERS OR ANY OF THEIR AFFILIATES WILL BE LIABLE FOR ANY HARMS, WHICH LAWYERS AND COURTS OFTEN CALL AS DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF COMPANY OR SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE / PLATFORM; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES, (iii) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICE; EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; OR (vii) ANY OTHER MATTER RELATING TO THE SERVICE. THE MAXIMUM LIABILITY OF AGROSMART SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO THE COMPANY FOR THE SERVICE.
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