GENERAL TERMS & CONDITIONS
Please read the following General Terms and Conditions ("T&C") carefully as the provisions contained herein shall govern your access and use of our application and website “Apni Kheti” hereinafter referred to as Application. This Application is owned by or on behalf of Cogneesol AgTech Pvt Ltd, having its registered office at SCF 61-62, Phase 7, Industrial Area, Mohali (SAS Nagar). Our Application provides a platform for farmers in particular and rural people in general to get their issues and problems relating to agriculture, dairy farming, livestock and other related issues addressed from the experts affiliated to the field of agriculture. They can leave their questions in the form of writing, audio messages and video messages. Our Application would also provide a platform for the experts to provide expert advice, post comments, and publish articles and blogs related to agriculture and other diversified fields of agriculture. Further, this Application would also provide the facility to buy and sell the goods/Products and all these collectively hereinafter refer to as “the Services” and any additional services introduced by us and contained within constitutes acceptance by you of these Terms and Conditions.
- The Application is owned and operated by Cogneesol AgTech Pvt Ltd and/or its associates, related parties, successors and assigns (collectively hereinafter referred to as "Provider", “us”, “we” or “our”.
- The terms and conditions set below apply to:
- any persons accessing and downloading the Application ("Visitor"); and
- any persons supplying in any way personal information (including name and email address) to the Provider through or in connection with the Application, whether by way of the Provider's contact form, by email or otherwise ("Registered User"). As part of the registration process you will need to create an account, including a username & password. It is your responsibility to ensure that the information you provide is accurate, not misleading and relates to you. You cannot create an account or username & password using the names and information of another person or using words that are the trademarks or the property of another party (including ours), or vulgar, obscene or in any other way inappropriate. We reserve the right with or without notice to suspend or terminate any account in breach of this condition.
- If for any reason you suspect that your username & password has been disclosed to or obtained by another party you should contact us immediately. Please note that we never contact users requesting them to confirm their username & password or other details.
- We would also send messages to the Registered Users for the promotion of the Application and Products available through Application. These messages would be sent from VM-AKHETI. The sender’s credentials may be changed in future and Registered Users would be apprised accordingly. Though the messages would be promotional in nature for both the Application and Products, still in case the Registered User receive any other kind of messages, then the Registered User can immediately contact us via email email@example.com
- By becoming a User, you hereby acknowledge and agree to be bound by the T&C.
We may suspend or stop providing the services if you do not comply with our terms and conditions and policies.
Using our Application as well as various service provided by us through our Application does not grant you any Intellectual property rights in Our Application and Services or content provided by us except your personal data or information uploaded on our Application.
2. ELIGIBILITY FOR REGISTRATION AND ACCOUNT SAFETY
- In consideration of your becoming a User, you represent and warrant that:
- you are 18 years of age or older;
- you have the capacity to form a binding contract;
- you are not a person barred from accessing or using the Application under the governing laws of the T&C; and
- your access or use of the Application does not violate any applicable law or regulation.
- You will keep your contact information accurate and up-to-date.
- You will not share your password (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
- You will not transfer your account (including any Page or application you administer) to anyone without first getting our written permission.
- If you select a username or similar identifier for your account or Page, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
3. PROTECTING OTHER USER’S RIGHTS
- You will not post any content or take any action on our Application that infringes the rights of the other user or violates any law.
- We reserve the right to remove any content or information if we believe that it violates these terms and conditions.
- On account of use of any copyright and trademark or you use any logo and trademark which is deceptively similar to the already existing trademarks without our prior written consent, we would disable your account when appropriate.
- You are not allowed to post any sensitive financial information or any one’s identification.
4. SHARING OF CONTENT AND INFORMATION
- You own all the content and information you post on the Application and you can control how it is shared through your privacy and application settings.
- For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically grant us, subject to your privacy and application settings, a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, host, store, reproduce, modify, optimize, create derivative works, publish, publicly perform, display and distribute such content.
- When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
- When you use an Application, the Application may ask for your permission to access your content and information as well as content and information that others have shared with you. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information.
- When you publish content or information using the Public setting, it means that you are allowing everyone to access and use that information, and to associate it with you (i.e., your name and profile picture).
- You must upload a high quality video and audio message(s) in order to have good results.
- We hereby disclaim any responsibility regarding the photographs, videos, personal information posted, added, deleted from your profile.
- For the purposes of this Clause, "User Content" means any and all:
- any personal information provided by you in a contact form or by way of email (collectively "Registration Data"); and
- any other photographs, videos, audio, data or materials you upload, post, email, transmit or otherwise make available through or in connection with the Application.
- You expressly acknowledge, agree and warrant that:
- you are solely and entirely responsible for your User Content;
- all Registration Data which is submitted by you to the Provider through or in connection with the Application is true, accurate and current, and is complete in all respects;
- you shall update any changes to your Registration Data as soon as practicable; and
- you shall not upload, post, email, transmit or otherwise make available through or in connection with the Application any User Content that:
- is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, pornographic, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
- infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- comprises unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
- purports to impersonate any other person or entity, including, but not limited to, any other User, the Provider's official, employee, consultant, guide, host or any other representative, or falsely state or otherwise misrepresent your affiliation with any person or entity;
- Attempt to gain unauthorized access to the Application or any networks, servers or computer systems connected to the Application;
- Modify, adapt, translate or reverse engineer any part of the Application or re-format or frame any portion of the pages comprising the Application, save to the extent expressly permitted by these Terms or by law;
- You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials that you submit, post or display on the Application and are also responsible for addition or deletion of any photographs, video and audio clips.
- You will not use or develop any third party applications that interact with our Application, other user’s content or information without legal written consent.
- You will not use or upload any spider, scraper, virus, robot, crawler or any other automated means to access our Application or extract any other user’s data or personal information.
- you will not solicit login information or access an account belonging to someone else.
- you will not facilitate or encourage any violations of these terms and conditions.
- You expressly acknowledge, agree and warrant that:
- You also expressly acknowledge, agree and warrant that the Provider:
- shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any User Content that is made available by you through or in connection with the Application; and
- may access, preserve, and disclose all User Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
- comply with legal process;
- enforce the T&C;
- respond to your requests for customer service; and
- protect the rights, property, or personal safety of the Website, other Users and/or the public.
- You understand that the technical processing and transmission of all User Content submitted or posted by you may involve:
- transmissions over various networks; and
- changes to conform and adapt to technical requirements of connecting networks or devices.
- The Provider does not claim ownership of any User Content you submit or upload through or in connection with the Website.
5. EXCLUSION OF LIABILITY AND DISCLAIMER
- You expressly understand and agree that the Provider, its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss or profits, goodwill, use, data or other intangible losses, even if the Provider has been advised of the possibility of such damages, resulting from:
- the accessing of, or the inability to access, the Application, the use of, or the inability to use of the Application, all implied warranties, terms and conditions relating the Application;
- unauthorized access to or alteration of any of your transmissions or data, including any User Content; and
- Any warranty, terms or conditions as to accuracy, operability, completeness, quality of the Application.
6. WARRANTIES AND DISCLAIMERS
We are using a commercially reasonable level of skill and care and we hope that our User would enjoy the use of our Application. We hereby do not warrant any commitment about the content within the services, the specific functions of the services, suitability and reliability of the services to your specific needs.
We exclude all warranties like the implied warranty of merchantability, fitness for a particular purpose and non-infringement.
We hereby disclaims all the warranties, express or implied, to protect trademarks and logos whether registered or unregistered, and other proprietary rights pertaining to the manufacture of the Products of the manufacturers or the Vendor in the Products. The Vendor shall be solely liable to abide by the guidelines set out in applicable intellectual property laws in general and trademark laws of the territory in particular with respect to all the Products sold by the Vendor through our Application
- You agree to fully indemnify, defend and hold the Provider, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any and all claims or demands, liabilities, damages, losses, costs and expenses, including reasonable attorneys' fees, made by any third party due to or arising out of your:
- access and use of the Application or any Application Contents thereof;
- violation of the T&C;
- violation of any rights of another.
8. PRIVACY AND COPYRIGHT
- All copyright in all material contained on, in or available through Application are owned by the Provider or its proprietary holders, and you are required to abide by all copyright notices contained on the Application and Website.
- Except to the extent otherwise specifically authorised by the Provider and/or the proprietary holders:
- you may not copy, modify, translate, publicise, reproduce, exploit, broadcast, transmit, distribute, perform, display or sell any of, or any portion of, any or all material , or create any derivative works thereof, and you may not use any of the material in connection with any commercial endeavours, whether in whole or in part;
- you may not alter the text, graphics, images, audio visual or any other materials.
- Any unauthorized reproduction, publication, further distribution or public exhibition of the material, in whole or in part, is strictly prohibited.
- In addition, the domain name, the Provider's name, logo, other names and logos of the Provider as may be created, produced or used from time to time ("Marks") are trademarks or registered trademarks of the Provider and its affiliated companies. Without express and written prior permission, you agree not to display or use in any manner the Marks for any purpose whatsoever.
9. ADVERTISEMENTS AND OTHER COMMERCIAL CONTENT
For the benefit of the user and the advertisers, we use to deliver advertising and other commercial or sponsored content. The provision of advertising and other commercial or sponsored content you shall agree to provide us the permission:
To use your name, profile, picture, content, and information connection with commercial, sponsored and other related content;
We do not give your content to advertiser without your consent.
10. MODIFICATIONS TO THE WEBSITE, APPLICATION, WEBSITE CONTENT AND T&C
- The Provider reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Application or any part thereof, with or without notice to you. You agree that the Provider shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Application or any part thereof. The most current version of the T&C as posted on this page shall supersede all previous versions.
- It is your responsibility to check regularly to determine whether a new version of the T&C has been uploaded. If you do not agree to any revisions pursuant to the upload of a new version of the T&C, then you must immediately stop using the Application.
- You agree that the Provider shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Application, and/or amendments to the T&C. Your continued use of the Application after such modifications or amendments shall constitute an acceptance of your agreement to be bound by the T&C, as amended.
11. OFF SITE LINKS
- In order to offer increased value to our Users, the Provider may provide, or third parties may provide, links to other websites or resources, which you may access at your sole discretion.
- You understand and acknowledge the Provider has no control over such sites and resources. In this respect, you also acknowledge and agree that the Provider is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources.
- You further acknowledge and agree that the Provider shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
12. EMAIL POLICY
- We will not respond unless required to do so by law to any email sent to us which contains threatening, abusive, malicious, pornographic, obscene, defamatory or otherwise illegal or inappropriate material. We reserve the right to take such action as we in our sole discretion deem fit in respect of such material.
- We will not disclose any personal information under any circumstances of any staff, employee, contractor or worker of the Provider and/or the Provider's associates. Where appropriate we will endeavour to respond to all Emails within [INSERT NUMBER OF DAYS] of receipt, but we cannot and do not guarantee to respond to any Emails. All Emails will generally be stored for [INSERT NUMBER OF MONTHS] after which time they will automatically be deleted. Any Email sent to the incorrect destination is liable to be deleted immediately.
14. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this T&C, there shall be no third party beneficiaries to this T&C, and that you may not assign your profile or registration to any other persons.
If you choose to provide us with a nominated email address, unless you expressly inform us otherwise, the Provider may communicate with you by providing you with notices regarding updates, changes or additions to the Application or Services offered through or in connection with the Application.
16. GOVERNING LAW
This T&C and any obligations arising out of or in relation to the T&C shall be governed by and construed in accordance with the laws of INDIA.
You understand, agree and acknowledge that the Courts of SAS Nagar, Mohali are to have exclusive jurisdiction to settle any dispute (including claims for set-off and counterclaims and disputes relating to any non-contractual obligations) which may arise out of or in connection with the T&C and for such purposes irrevocably submit to the jurisdiction of the aforesaid Courts.
18. ENTIRE AGREEMENT
- The T&C constitute the entire agreement between you and the Provider and govern your access and use of, or purchase through or in connection with the Application, superseding any prior agreements between you and the Provider.
- You also may be subject to additional terms and conditions that may apply when you use or purchase certain other services of the Provider, affiliated services, third-party content or third-party software.
19. WAIVER AND SEVERABILITY OF TERMS
- The failure of the Provider to exercise or enforce any right or provision of the T&C shall not constitute a waiver of such right or provision.
- If any provision of the T&C is found by a Court of competent jurisdiction to be invalid, the parties nevertheless agree that the Court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the T&C remain in full force and effect.
20. VIOLATIONS AND INFRINGEMENTS
- Any violations or infringement of the T&C should promptly be reported by the User by emailing the Provider at info@ApniKheti.com
1. ACCEPTANCE OF POLICY
- If Users are accessing or using our Application, please be aware that the Application may contain links to websites of third parties. By clicking on such links, User may be transferred to the website of the third party. The Provider is not responsible in any way for the privacy practices of such third parties and the Users are advised to view and read the privacy statements issued by the third parties to ensure that the User understand and agree to the same.
2. COLLECTION OF DATA
- Registered User: In order to become a Registered User, you need to register an account with us, the User may be required to provide certain information, including any information which may be used to personally identify the User ("Personal Information"), in the applicable contact form as part of User’s Registration Data. Personal Information includes User name, address, phone number(s) and email address and any other information which may, or may lead to, the disclosure of the User’s identity as an individual.
- Other Communications: The User may also be required to provide Personal Information to the Provider when the User communicates with the Provider in any other way, including when you:
- request for further information on our services. We can also have an access to your personal information through the use of your mobile in order to access our Application.
- request for any advice or assistance in relation to the services ; or
- report a problem or contact us by way of email, telephone call, fax message, letter or through any other means of communication.
- There is also the possibility of having an access to your personal information through Google Face book, Google Cloud.
3. USE OF DATA
- Any Personal Information submitted to us, together with any other information, material or content you have provided (collectively hereinafter referred to as, "Data") shall be used primarily for the purposes to which they were submitted or required.
- We may also decide to use the Data for the following additional purposes:
- to understand what your needs and requirements are;
- to provide personalised content and match the most relevant services for you;
- to improve on our marketing and customer service efforts;
- in other advertising, statistical compilation or marketing-related purposes; and
- to profile your information preferences, for example, understanding how you use the Application, reviewing the nature of your communication and/or reviewing your search contents, any service pages you access.
- monitor or improve the performance of, and products and services available through this Application.
- monitor compliance with our terms and conditions of use of this Application, enforce our rights and protect the safety of others including investigating and if necessary removing any content about which we receive a complaint.
- for any purpose if we are required to do so by any law or other regulatory or government authority.
- Unless you inform us otherwise in accordance with Clause 5.3, we may also use your Data to communicate with us ("Communications")::
- by sending you notices regarding updates, changes or additions to our services or regarding any promotions which may be of interest to you;
- by inviting you to participate in our surveys;
- by requesting for your views on our customer support; or
- by responding to your requests.
4. DISSEMINATION OF DATA
- Be assured that we will never sell your Data to any third parties for commercial gain.
- However, we may disclose your Data:
- to our consultants, advisors, service providers and agents ("Authorized Representatives"). They will have access to your personal information if necessary to perform their function but they cannot use it or disclose it for any other purpose, unless you have specifically given them consent to do so ;
- we may share aggregate, non-personally identifiable information, such as demographics and application usage statistics, with advertisers, sponsors and other organisations;
- to assist us to achieve the purposes described in Clauses 3.1 and 3.2; and
- ii. to assist us in our Communications to you (unless you have informed us that you do not wish to receive any of our Communications in accordance with Clause 5.3); and
- to our business partners who may communicate with you ("Business Partner Communications"):
- by sending you notices regarding any promotions or products or services offered by them which may be of interest to you;
- by inviting you to participate in their surveys;
- for other advertising, statistical compilation or marketing-related purposes; or
- by responding to your requests,
- unless you have informed us that you do not wish to receive any Business Partner Communications in accordance with Clause 5.3.
- We may also be required to disclose your Data in the following circumstances:
- to comply with a legal process;
- to protect the rights, property or personal safety of other Users and/or the public, or to protect the business operations of Application ;
- where applicable, to credit reference agencies, where your Data may be used by other credit grantors for the purposes of:
- (making credit decisions about you and the people with whom you are financially associated with;
- fraud or money laundering prevention; and
- occasionally, for tracing debtors.
- Accordingly, your Data will be disclosed where we are obliged or permitted by law to do so. If you post or send offensive or objectionable content to us or otherwise engage in any disruptive behavior in respect of Application, we can use whatever Data that is available to us about you to stop such behavior. This may involve informing relevant third parties such as your employer and law enforcement agencies about the content and your behavior.
5. CONSENT AND OPTING-OUT
- By submitting or providing your Data to us, you expressly acknowledge, consent and agree to:
- our use or processing, or the disclosure to, or use or processing by, Authorised Representatives, of your Data, including any Personal Information contained in your Data, for the purposes described in Clauses 3.1 and 3.2;
- subject to Clause 5.3, the use or processing of your Data, including any Personal Information contained in your Data, for the purpose of sending you any Communications; and
- subject to Clause 5.3, the use or processing by our Business Partners of your Data, including any Personal Information contained in your Data, for the purpose of sending you Business Partner Communications.
- We follow strict security procedures to ensure that your Data is protected and that it is not damaged or destroyed. All Data is kept in a secure place with restricted physical or electronic access, and with confidentially preserved. Only the senior management team of the Provider is permitted access to the Data. Notwithstanding the aforesaid, you expressly acknowledge and agree:
- that the transmission of information via the internet is not completely secure. We will do our best to protect your Data but we are unable to guarantee the security of your Data submitted or provided through or in connection with our Application, and accordingly, any submission or provision of Data is made at your own risk; and
- 5.3 You may inform us by way of email sent to firstname.lastname@example.org if you wish to exercise your right to opt out of receiving any Communications from us or Business Partner Communications from our business partners. If you do opt out, this may preclude you from receiving any of our special offers or promotion, whether offered by us or by any business partners in future.
6. RETAINING AND DELETING DATA
- Upon termination of your access to Application in accordance with the general T&C, we may still be required to retain your Personal Information or Data in order to comply with legal obligations, prevent fraud, collect fees owed (if any), resolve disputes and troubleshoot problems etc, but always done within a legal framework.
- When you request for your Data to be removed in accordance with Clause 5.3, you will be added to a suppression list to ensure your request is complied with.
7. INFORMATION REQUESTS
- Unless the Personal Information relates to an individual which you are legally responsible for (such as a minor) [INSERT AGE], you may not give us Personal Information about any other person. If you do so, you confirm that they have appointed you to act on behalf of them, to consent to the processing of their Personal Information, including sensitive personal data, to the transfer of their Personal Information abroad and to receive on their behalf any Communications from us or any Business Partner Communications from our business partners.
- If you use our Application, our computer server may automatically send you a cookie. A cookie is a small 'log-file' that can be placed on your computer's hard disk for record-keeping purposes and we may use them to do a number of things:
- cookies help us to recognize you when you next use our Application and note the advertisements displayed to you. This allows us to tailor the promotions we provide to your preferences. We may use the services of third party servers for this purpose;
- cookies may be used to compile anonymous statistics related to the take up or use of services, or to patterns of browsing. A third party may collect such data on our behalf to measure the performance of Application. Information collected is aggregated for reporting purposes, and no personally identifiable information is collected by this service. The use of this service assists us in measuring and improving the structure and ease of use of Application;
- we may also track IP addresses. An IP Address is a number that can identify an Internet Service Provider, country location etc. It cannot provide personal information. We will not use the IP Address to build a profile on Users; we only use the information for demographic and statistical purposes.
- It is also possible that others may download cookies to your Application when you access, visit or use the Application.