Farmstock Agriculture App

Terms of Use

Effective Date of the current Privacy Policy: 08 th April 2021

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 THE PLATFORM.

Welcome to the Terms of Use (“Terms”) of Farmstock Technologies Pvt. Ltd., a company incorporated under the laws of India with its registered office at 119A, Kilokri, Near Maharani Bagh, New Delhi, Delhi - 110014 , (“Company”, “We”, ”Us”, or “Our”). The Company is in the business of providing IT development and services.We focus on harnessing the power of technology to improve the lives of Indian farmers. We have developed and created the Platform to provide farmers with a community and marketplace to build, grow, learn and engage (“Service”).

By accessing or using the website available at https://krishify.com and any subdomains (“Website”) and Our mobile application available on Android (“Application”). You agree to be bound by these Terms.

Your agreement with Us includes these Terms and the Privacy Policy available on the Platform (collectively “Agreement”).

The Website and Application are collectively referred to as “Platform”.

The expressions “You” or “Your” or “User” refers to any person who downloads, accesses or uses the Platform for any purpose.

Seller shall mean any Registered User other than a Partner who sells the Products in accordance with the Terms detailed herein.

Buyer shall mean any Registered User who buys the Products in accordance with the Terms detailed herein.

Partner shall mean authorised partners identified by the Company who sell their Products on the Platform.

Products shall mean all products and services sold using the Platform as a medium in accordance with the Terms detailed herein.

All terms used with a capitalized first letter shall have the meaning assigned to them in these Terms or the Privacy Policy.

1. AMENDMENT TO THE TERMS

If You do not agree with these Terms or any provisions in the Agreement, then refrain from using the Platform. We reserve the right to change, modify, amend, or update these Terms and/or the Agreement from time to time and such amended provisions of these Terms and/or the Agreement shall be effective immediately upon being posted on the Platform. You can determine when these Terms and/or Agreement were last revised by referring to the ‘LAST UPDATED’ at the top of these Terms and/or Agreement. Your continued use of the Platform shall be deemed to signify Your acceptance of these provisions or amended provisions of these Terms and/or the Agreement.

2. ELIGIBILITY CRITERIA

You represent and warrant that You have the right to access or use the Platform. The Platform can only be availed by those individuals or business entities, including sole proprietorship firms, companies and partnerships, which can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un- discharged insolvents etc. are not eligible to use the Platform.

3. GENERAL DISCLAIMER

3.1. By using the Platform, You agree that You meet the Eligibility Criteria as detailed in Clause 2 (above) and that You are fully able and competent to understand and accept this Agreement as a binding contract and to abide by these Terms.

3.2. You agree that You shall not access the Platform by any other means other than through the interfaces that are provided by Us.

3.3. You agree that You shall not acquire, copy, or monitor any portion of the Platform or the Content in any way to reproduce or circumvent the navigational structure or presentation of the Platform, to obtain or attempt to obtain any materials, documents, or information through any means not specifically made available through the Platform.

3.4. You agree that You shall not attempt to reverse engineer, de-encrypt, or otherwise derive the design, internal logic, structure or inner workings (including algorithms and source code) of the Platform, any other software, products, models, prototypes, or other items provided by Us.

3.5. You agree that You shall not use any deep link, robot, spider or other automatic device or methodology, or any similar or equivalent manual process, to access, acquire, download, copy or monitor the Platform or any part thereof, or obtain any content through means not specifically made available through the Platform.

3.6. You agree that You shall not breach any provisions of the Agreement or violate any provisions of applicable law.

3.7. You agree that You shall not hack or try to hack data, information, software, application stored on the Platform or the Company’s infrastructure and use the same your own benefits whether resulted in financial gain or not.

3.8. You agree that you will inform the Company as soon as you are in possession of any unauthorised data, information, software, application and delete the same permanently.

3.9. You understand as the Platform and the Terms are available in various languages for ease of the Users, the Company cannot guarantee or be held liable for the accuracy or quality of the translations.

4. CODE OF CONDUCT

The User shall not host, display, upload, modify, publish, transmit, update or share any information or otherwise engage in any activity on the Platform that:

a. Belongs to another person and to which the You do not have any right to

b. 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

c. Is intended to or tends to harass, annoy, threaten or intimidate any other User of the Platform or services

d. Promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs, violate someone's privacy, harm or harass another person, obtain others' identity information, create or disseminate computer viruses, or circumvent copy-protect devices

e. Intended to defraud, swindle or deceive other users of the services

f. Promotes or solicits involvement in or support of a political platform, religion, cult, or sect

g. Disseminates another person's personal information without permission, or collects or solicits another person's personal information for commercial or unlawful purposes

h. Is in any way used for or in connection with spamming, spimming, phishing, trolling, or similar activities

i. Harms minors in any way

j. Infringes any patent, trademark, copyright or other proprietary rights.

k. Violates any law for the time being in force

l. Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.

m. Impersonates another person or otherwise misrepresents affiliation, connection or association with, any person or entity; .

n. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; and

o. Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.

p. Do or post anything on the Platform that may make other Users feel unsafe using the Platform

5. REGISTRATION PROCESS

The User shall register on the Platform by providing information such as but not limited to name and mobile number etc. We shall send a one-time password (“OTP”) to the mobile number provided by You. On completion of verification of mobile number the User shall be registered on the Platform. (“Registered User”).

The Seller and Partner agrees and understands that the User’s will contact them using the mobile number made available on the Platform.

The User shall not create any fake profiles of any person or impersonate someone in a misleading or deceiving manner, with or without the intention of harassing, bullying anyone or misusing the Platform. Such accounts will be suspended immediately.

6. PLATFORM FOR PURCHASE OF PRODUCTS

THE PLATFORM ENABLES BUYERS TO INTERACT WITH SELLER FOR THE PURCHASE OF PRODUCTS. THE COMPANY IS NOT AND CANNOT BE A PARTY TO OR CONTROL IN ANY MANNER ANY TRANSACTION BETWEEN THE BUYERS AND SELLER.

ALL COMMERCIAL/CONTRACTUAL TERMS ARE OFFERED BY AND AGREED TO BETWEEN SELLER AND BUYERS ALONE. SUCH TERMS SHALL INCLUDE REFUND POLICY, RETURN POLICY AND ANY OTHER TERMS THAT ARE EXCLUSIVE TO SELLER AND THE BUYER. THE COMPANY DOES NOT HAVE ANY CONTROL OR DOES NOT DETERMINE OR ADVISE OR IN ANY WAY INVOLVE ITSELF IN THE OFFERING OR ACCEPTANCE OF SUCH COMMERCIAL/CONTRACTUAL TERMS BETWEEN SELLER AND THE BUYER.

THE COMPANY IS NOT RESPONSIBLE FOR ANY NON-PERFORMANCE OR BREACH OF ANY CONTRACT ENTERED INTO BETWEEN BUYERS AND SELLER. THE COMPANY CANNOT AND DOES NOT GUARANTEE THAT THE CONCERNED BUYERS WILL PERFORM ANY TRANSACTION CONCLUDED THROUGH THE PLATFORM AND IS NOT LIABLE FOR THE QUALITY OR MERCHANTIBILITY OR DEFECT OR ANY OTHER ISSUE WITH RESPECT TO THE GOODS AND SERVICES TRANSACTED VIA THE PLATFORM. THE COMPANY SHALL NOT AND IS NOT REQUIRED TO MEDIATE OR RESOLVE ANY DISPUTE OR DISAGREEMENT BETWEEN BUYERS AND SELLER.

7. TERMINATION

Company may suspend or terminate use of the Platform:

7.1. if it believes, in its sole and absolute discretion that the User has breached, violated, abused, or unethically manipulated or exploited any term of the Agreement;

7.2. if it is brought to the Company’s notice or if it is discovered that the User is under the age of 18 (eighteen) years; and

7.3. if Company has reasonable grounds to suspect that any information provided is untrue, inaccurate, not current or incomplete, or not in accordance with these Terms.

The Company’s decision to suspend any account is binding. Any attempt to circumvent the suspension by using other accounts, identities, personalities or presence on another User's account will also result in suspension. If you try to evade suspension, we may be compelled to terminate Your account with Us and block You from registering on the Platform.

8. CONTENT

8.1. Company may, at its sole discretion, enable Users to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Platform (“User Content”); and (ii) access and view User Content and any content that the Company itself makes available on or through the Platform, including Company’s proprietary content and any content licensed or authorized for use by or through the Company from a third party (“Company’s Content” and together with User Content, “Collective Content”).

8.2. The Platform, Company’s Content, and User Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of India and other countries. You acknowledge and agree that the Platform and Company’s Content, including all associated intellectual property rights, are the exclusive property of the Company and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Platform, Company’s Content or User Content. All trademarks, service marks, logos, trade names, and any other source identifiers of the Company used on or in connection with the Platform and Company’s Content are trademarks or registered trademarks of Company in India and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Platform, Company’s Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.

8.3. You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Platform or Collective Content, except to the extent you are the legal owner of certain User Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by the Company or its licensors, except for the licenses and rights expressly granted in these Terms.

8.4. Subject to Your compliance with these Terms, the Company grants you a limited, non-exclusive, non- sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the Platform and accessible to You, solely for Your personal and non-commercial use.

8.5. By creating, uploading, posting, sending, receiving, storing, or otherwise making available any User Content on or through the Platform, You grant to the Company a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such User Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such User Content to provide and/or promote the Platform, in any media or platform. Unless You provide specific consent, the Company does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that You may have to use or exploit your User Content.

8.6. You are solely responsible for all User Content that you make available on or through the Platform. Accordingly, You represent and warrant that: (i) You either are the sole and exclusive owner of all User Content that you make available on or through the Platform or you have all rights, licenses, consents and releases that are necessary to grant to the Company the rights in and to such User Content, as contemplated under these Terms; and (ii) neither the User Content nor Your posting, uploading, publication, submission or transmittal of the User Content or Company's use of the User Content (or any portion thereof) will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

8.7. No User shall share any kind of personal content of another person, including pictures or videos of people without their explicit consent. Do not post anyone’s personal or intimate photos or videos on the Platform. On receiving reports, we will remove such content. Revealing someone’s personal data or sensitive personal data, including without limitation, phone number, address, financial information, Aadhar Number, and Passport information, or threatening someone using this information, will be considered as harassing them, and such activities are unacceptable.

8.8. The User shall be liable for the content posted on the Platform.

8.9. All content posted on the Platform shall only be farming related. Any Content posted which is irrelevant or inapplicable, if reported, will be removed from the Platform.

9. MARKETPLACE FOR PARTNER PRODUCTS

The Platform offers a marketplace where select Partners of the Company may sell their Products in accordance with the terms as mentioned therein. The User understands purchasing Partner Products is at the sole discretion of the User and the Company cannot be held liable for the same.

10. ADVERTISEMENTS ON THE PLATFORM

Advertisements may appear on the Platform. The User understands that the User at its sole discretion may respond to such advertisements. The User agrees that the Company shall not be held responsible for the same.

11. USE OF YOUR PERSONAL INFORMATION

In the course of use of the Platform, the User may be asked to provide certain personal information to Us. The Company’s information collection and use policies with respect to privacy of such information are set forth in the Privacy Policy available at Krishify.com.

12. NO GUARANTEES

Among other things, the Company does not guarantee that:

a. The Platform will meet the Your expectations; or

b. The Platform will be accessible without interruption or in a timely, reliable, or fault-free manner; or

c. The results obtained through the use of the Platform will be correct and reliable.

No guidance or information, written or oral, obtained from the Company or via the Platform, shall constitute any warranty, which has not specifically been stated in these Terms.

13. DISCLAIMER AND LIMITATION OF LIABILITIES

THIS PLATFORM IS PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS PLATFORM OR THE INFORMATION, CONTENT INCLUDED ON THIS PLATFORM. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS PLATFORM IS AT YOUR SOLE RISK. THE COMPANY RESERVES THE RIGHT TO WITHDRAW OR DELETE ANY INFORMATION FROM THIS PLATFORM AT ANY TIME IN ITS DISCRETION.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. THE COMPANY DOES NOT WARRANT THAT THIS PLATFORM, ITS SERVERS, OR EMAIL SENT FROM THE COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS PLATFORM, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.

14. INTERMEDIARY STATUS AND REVIEW OF CONTENT

We are an intermediary. We do not control what our Users do or say and are not responsible for their (or Your) actions (whether online or offline). We are not responsible for services and features offered by others even if you access them through our Platform. Our responsibility and liability for anything that happens on our Platform is strictly governed and limited by the laws of India.

We expect You to be responsible for what You post and what You see. If any of our Users report Your Content to be against these Terms, we may remove such Content from the Platform. It takes some time to take down such Content.

15. INDEMNIFICATION

You agree to indemnify, defend and hold harmless the Company from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Company that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms or Privacy Policy.

16. SEVERABILITY

If, for any reason, a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that portion shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision. The remainder of the Terms shall continue in full force and effect.

17. WAIVER

Provision of the Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Company. Any consent by the Company to, or a waiver by the Company of any breach by You, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

18. GOVERNING LAW AND JURISDICTION

These Terms shall be governed by the laws of India. Subject to the dispute resolution clause below, courts and tribunals of Delhi , India have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms (including any disputes regarding the existence, validity or termination of these Terms).

19. DISPUTE RESOLUTION

If any dispute, controversy or claim arises under, out of, or in relation to these Terms, including any dispute concerning the formation, construction, interpretation, or breach of these Terms or any party’s performance of its obligations under it, such dispute shall at the first instance be attempted to be resolved through mutual good faith consultations. If the dispute is not resolved in this manner within forty five (45) days of either party sending a notice (in accordance to Clause 20) to the other party of such dispute, then the dispute shall be resolved by binding arbitration under the provisions of the Arbitration & Conciliation Act 1996, by an arbitrator appointed mutually in Delhi, India.

20. NOTICES

All notices or demands to or upon the Company shall be effective if in writing and shall be deemed to be duly made when sent to Krishify, B4-804, Spaze I Techpark, Sector 49, Gurgaon, Haryana - 120018. All notices or demands to or upon an User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the You on the Platform, or by posting such notice or demand on an area of the Platform that is publicly accessible.

Notice to User shall be deemed to be received by such User if and when the Platform is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or immediately upon Platform’s posting such notice on an area of the Platform that is publicly accessible.

21. MISCELLANEOUS

21.1. Headings for any section of the Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

21.2. the Company shall have the right to assign its obligations and duties in this Agreement to any person or entity.

21.3. All telephonic calls to the Company will be kept completely confidential. However, Your call may be recorded to ensure quality of service. Further, for training purposes and to ensure excellent customer service, calls from the Company to You or from You to the Company may be monitored and recorded.

21.4. Avinash Kumar is the designated Grievance Officer in respect of the Platform. Any complaints or concerns with regards to any content on the Platform or any breach of this Agreement or Privacy Policy can be directed to the designated Grievance Officer in writing at Krishify, B4-804, Spaze I Techpark, Sector 49, Gurgaon, Haryana - 120018or through an email signed with electronic signatures sent to avinash@krishify.com.