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TERMS OF USE
1. OVERVIEW
This Platform (as defined below) is operated by Klonec Automation Systems Private Limited (“Company” or “Krishitantra”), a private company limited by shares, incorporated under the provisions of the Companies Act, 2013, and having its registered office at #2-53(1), NH66, Pangala, opposite to Janardana Temple, Udupi, Karnataka 576122, represented by its Partners, where such expression shall, unless repugnant to the context thereof, be deemed to include its respective legal heirs, representatives, administrators, permitted successors and assigns.
The Platform provides a base for a company/individual to run their farm operations in a very structured and disciplined manner by simplifying and assisting in bridging complex fertilizer and agronomy advisory. The technology allows extensive farm data collection and is backed with rich analytics for quick decision-making. The Platform helps agri-businesses to bring transparency to their remote farm operations by monitoring progress every day and taking corrective measures immediately and helps business managers with analytics to get insights into farm data.
These Terms of Use (as defined below) specifically govern your access/use of the Platform. Throughout these Terms of Use and the Platform, the terms “we”, “us” and “our” refer to Krishitantra, its subsidiaries, affiliates, officers, employees, agents, partners and licensors; and “you”, “your”, “yourself” and “user” shall mean and refer to natural and legal individuals who use the Platform for the Product. Krishitantra offers this Platform (as defined below), including all information, tools and services available from the Platform to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By accessing/or subscribing to our Platform, you engage in our service and automatically agree to be bound by the following terms and conditions (or as amended from time to time) and any additional terms and conditions and policies referenced herein including the Terms of Use and Privacy Policy of Krishitantra (collectively referred to as “Terms of Use”) are available at the Krishitantra’s website at https://krishitantra.com (hereinafter referred to as “Site”).
Please read these Terms of Use carefully before accessing or using the Platform. By accessing or using any part of the Platform, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions of this Terms of Use, then you may not access/use the Platform.
Any new features or tools which are added to the Platform shall also be subject to the Terms of Use. You can review the most current version of the Terms of Use here at any time. We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/or changes. It is your responsibility to check periodically for changes. Your continued use of or access to the Platform following the posting of any changes constitutes acceptance of those changes.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms of Use.
2. DEFINITIONS
“IP Rights” or “Intellectual Property” shall mean all intellectual property rights subsisting in the Platform, the services offered thereunder and related products, including patents, patent applications, inventions (whether or not patentable and whether or not reduced to practice), trade and service marks, trade names, brand and the goodwill associated therewith, copyrights, rights in databases, proprietary
rights, moral rights, technical, commercial or financial information of a proprietary or confidential nature (including without limitation manufacturing and production processes, formulae and techniques, improvements, customer proposals, technical and computer data and software), logos, slogans, trade secrets and know-how, in all cases whether or not registered or registrable and including registrations and applications for registration or renewal of any of these and all rights to apply for the same, rights to receive equitable remuneration in respect of any of these and all rights and forms of protection of a similar nature or having equivalent or similar effect to any of these anywhere in the world.
“Law” shall mean the applicable laws, rules, and regulations, including, without limitation, any rules, regulations, guidelines or other requirements of the governmental authority relating to the provision of the services through the Platform, that may be in effect from time to time in the relevant jurisdiction.
“Personal Information/Data” shall mean any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available, is capable of identifying such person, and could include sensitive information pertaining to such person.
“Processing (or Process, Processes or Processed)” shall mean any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
“Platform” shall mean any android/iOS mobile applications and related software, tools etc. offered by the Company through the Platform, particularly the software application Krishitantra and KrishiJeevan, that integrates soil testing results with fertilizer recommendations based on information and communication technology (ICT) by putting a network of ERP and BI (Business Intelligence) across and the Site belonging to or controlled by Krishitantra.
3. GENERAL
By agreeing to these Terms of Use, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Platform.
You may not use the Platform for any illegal or unauthorized purpose nor may you, in the use of the Product, violate any Laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your account with us and access to the Platform.
4. YOUR ACCOUNT
You need to register and create a user account (“Account”) to use the Platform and avail the services offered thereunder by providing your name, email id, contact number, and other requested details which shall also include Personal Information, as required. While you do not have to register, such registration is mandatory for access to the Platform.
By making use of this Platform, and furnishing the required Personal Information, you agree that you
are interested in availing the Platform that you have selected. You hereby agree that we may also contact you either electronically or through phone, to understand your interest in the Platform.
Users may not have more than one active account. Additionally, users are prohibited from selling, or otherwise transferring their accounts or allowing unauthorized access to their accounts to another party.
You agree to provide true, accurate, current and complete information about yourself as prompted by the Platform. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Platform (or any portion thereof).
If you use the Platform, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. We therefore strongly recommend that you exit/log out from your account at the end of each session.
You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
We reserve right to refuse service, terminate accounts, or remove or edit content on the Platform, at our sole discretion. Notwithstanding the above, we retain the right at our sole discretion to deny access to the Platform, at any time and for any reason, including, but not limited to, violation of the Terms of Use.
5. PRODUCT AND MODIFICATIONS
You are responsible for obtaining access to the Platform for the subscription of the services offered therein, which access may involve third-party fees (such as internet service provider or airtime charges). In addition, you must hold and are responsible for all equipment necessary to access the Platform.
You agree not to reproduce, duplicate, copy or exploit any portion of the Platform or use /access thereof, or any contact on the Platform through which the services under the Platform are provided, without express written permission by us.
We may exercise the right of access on a case-by-case basis. These restrictions may include subscription made by or under the same customer account for the services offered under the Platform, the same credit card, and/or subscriptions that use the same billing and/or shipping address. In the event that we make a change to or cancel subscription, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the subscription was made.
All descriptions of the Platform subscription pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any service at any time. Any offer for any subscription made on this site is void where prohibited. We do not warrant that the efficiency of any service, information, or other material subscribed/purchased or obtained by you through the Platform which will meet your expectations, or that any errors in the Platform will be corrected.
We reserve the right at any time to modify or discontinue any service offered through the Platform (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-
party for any modification, price change, suspension or discontinuance of the service offered through the Platform.
6. ACCURACY OF BILLING AND ACCOUNT INFORMATION
You agree to provide current, complete and accurate purchase and account information for all purchases made through the Platform. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
7. OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Platform is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Platform (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Use.
8. THIRD-PARTY LINKS
Certain content, products and services available via our Platform may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
9. ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Platform that contains typographical errors, inaccuracies
or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Platform pertaining to the services offered or on any related software is inaccurate, at any time without prior notice.
We undertake no obligation to update, amend or clarify information in the Platform or on any related software, including without limitation, pricing information, except as required by Law. No specified update or refresh date applied in the Platform or on any related software, should be taken to indicate that all information in the Platform or on any related software has been modified or updated.
10. PERSONAL INFORMATION
We are committed to respecting your online privacy. Your submission of any Personal Information through or in connection with the use of the Platform is governed by our Privacy Policy (as defined hereunder) available here as Annexure A to these Terms of Use for easy access and the stipulations stated thereunder and need to be construed appropriately in relation to these Terms of Use. The Privacy Policy (as defined hereunder) explains what information we collect, our disclosure policies, and the choices you make about the way your information is collected and used.
By using the Platform, you expressly agree and consent to the Processing of your information (including Personal Information) as described and collected by us in accordance with the Privacy Policy (as defined hereunder), the Terms of Use and applicable Laws; and you hereby accept that we shall not be liable for any loss occasioned to you on account of our Processing of your information in accordance herewith or therewith, as the case may be.
You have the right not to provide any Personal Information to us. However, we will be able to provide you with access to the Platform only when you disclose certain Personal Information as required by the Platform, during any specific process. If you intend to access and use the Platform, it is solely at your own volition, risk and after reading, confirming and in conjunction with these Terms of Use and particularly, the Privacy Policy (as defined hereunder).
Without prejudice to the terms of the Privacy Policy (as defined hereunder), we may process your information other than as described in these Terms of Use or the Privacy Policy (as defined hereunder) if we notify you and you consent to the sharing. Additionally, you hereby acknowledge and accept that any provisions of applicable Laws pertaining to Personal Information shall also apply.
We may combine the information that we receive from third parties with the information you give to us and information we collect about you for the purposes set out in the Privacy Policy. Further, we may anonymize and/or de-identify information collected from you through your use of the Platform or via other means, including via the use of third-party web analytic tools. As a result, our use and disclosure of aggregated and/or de-identified information is not restricted by this Terms of Use or Privacy Policy, and it may be used and disclosed to others without limitation.
We shall not be liable to you or anyone else for any losses or injury arising out of or relating to the information provided on the Platform in connection with the use of the Platform. In no event will we or our employees, affiliates, authors or agents be liable to you or any third party for any decision made or action taken by your reliance on the content contained herein.
11. PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the Platform (or any part thereof) or its content: (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 IP 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 Platform and the services offered or of any related website, other websites, or the world wide web; (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 Platform or any related website, other websites, or the world wide web. We reserve the right to terminate your use of the Platform or the related services or any related website for violating any of the prohibited uses.
12. SECURITY
We take certain measures to enhance the security of our Platform and the related services. However, we make no guarantees as to the security or privacy of your information. It is very much so in our interest to keep our Platform secure, but we recommend that you use anti-virus software, strong passwords, routine credit checks, firewalls, and other precautions to protect yourself from security and privacy threats.
13. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Platform and/or services offered thereunder will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Platform will be accurate or reliable. You agree that from time to time we may remove the Platform for indefinite periods of time or cancel any service offered at any time, without notice to you. You expressly agree that your use of, or inability to use, the Platform is at your sole risk. The services offered through the Platform delivered to you are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall the Company, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Platform, or for any other claim related in any way to your use of the Platform, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Platform or any content posted, transmitted, or otherwise made available via the Platform, even if advised of their possibility. As some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by Law.
14. INDEMNIFICATION
You agree to indemnify, defend and hold harmless the Company, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due
to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any Law or the rights of a third-party.
15. SEVERABILITY
In the event that any provision of the Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable Law, and the unenforceable portion shall be deemed to be severed from the Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.
16. TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. Notwithstanding any other provisions of this Terms of Use, any provision of this Terms of Use that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this Terms of Use.
These Terms of Use shall be effective unless and until terminated by either you (by ceasing access to / use the Platform) or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Platform by ceasing to use the same.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Platform (or any part thereof).
17. ENTIRE AGREEMENT
The failure on our part to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.
The Terms of Use and any policies or operating rules posted by us on this site or in respect to the Product constitutes the entire agreement and understanding between you and us and govern your use of the Platform, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use).
Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.
18. GOVERNING LAW
These Terms of Use and any separate agreements whereby we provide you the services through the Platform shall be governed by and construed in accordance with the Laws of India and jurisdiction of Hyderabad
19. CHANGES TO TERMS OF USE
You can review the most current version of the Terms of Use at any time as provided here the Platform.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use
by posting updates and changes. It is your responsibility to check this periodically for changes. Your continued use of or access to the Platform following the posting of any changes to these Terms of Use constitutes acceptance of those changes.
20. CONTACT INFORMATION
Questions about the Terms of Use should be sent to us at support@krishitantra.com.
