EFFECTIVE DATE: June, 2022
LAST UPDATE: June, 2022
This website, i.e. https://www.farmprosperity.com/ (“Website”) is operated by Farm Prosperity Solutions Private Limited, a company incorporated and existing under the Companies Act, 2013 and having its registered office at F-67 Sector-44, Gautam Buddha Nagar, Noida, Uttar Pradesh - 201301 IN (hereinafter referred as “Farm Prosperity Solutions” or “Company” or “us” or “we” or “our(s)”) engaged in the business of developing innovative solutions using technology to enhance the profitability of farming operations.
These Terms are applicable for the Website.
You can determine when these Terms were last revised by referring to the date at the top of these Terms. Farm Prosperity Solutions reserves the right to make any changes to these Terms at its sole discretion, subject to the Act and the Rules and it is your duty to periodically check the Terms for any such updates. Your continued use of the Website shall imply that you have acknowledged and accepted the Terms and any revisions thereto. By accessing the Website, you agree that you are using the Website solely at your discretion and in no way did Farm Prosperity Solutions induce or invite or solicit you to visit our Website. You should not modify or edit or alter or use any content from the Website in any manner to hamper the position of Farm Prosperity Solutions.
3. ELIGIBILITY AND CONSENT
By accessing the Website, the user(s), or the parent or legal guardian of the user(s) in case of Minors (as defined below), as the case may be (“User(s)” or “you” or “yours”), acknowledge that they have read, understood and agree to these Terms.
If the Users are under the age of 18 (eighteen) years (“Minors”), such Minors must use the Website under the supervision of a parent or a legal guardian who agree to be bound by the Terms.
It is clarified that all references to “he”, “his”, “him” and “himself”, in the context of the User, shall be deemed to include references to Users of the opposite gender as well as Users who are legal or non-natural entities.
5. USE OF WEBSITE
Subject to your acceptance of these Terms, we grant you a limited, revocable, personal, non-exclusive, non-transferable license to use the Website, which allows you to access and use the Website on mobile, tablets and desktop device (“Devices”) that you own or control. You may use the Website on the Devices solely for your own personal and non-commercial use. You acknowledge and undertake that you are accessing the Website including all its features at your own risk, and that you are using your best and prudent judgment before entering into any transactions with Farm Prosperity Solutions.
- The Website shall be best viewed on the latest version of Google Chrome, Firefox, Safari, Microsoft and are accessible on the Devices.
- The Website is best accessed from the following operating systems, (a) Windows XP or above, (b) MAC OS 10.2 or above.
The contents of the Website are best viewed with the latest version of Adobe Flash Player. Farm Prosperity Solutions’ Website is compatible only with the above-mentioned software or programmes. Farm Prosperity Solutions shall not be obligated, at any point of time, to provide workable service for any Devices that are not recognized by Farm Prosperity Solutions or those instruments that may be purchased from any third-party which are not compatible with the Farm Prosperity Solutions’ Website.
Further, Farm Prosperity Solutions reserves the right to upgrade its Website from time to time to provide its service in the best possible manner.
You hereby agree that Farm Prosperity Solutions has the right to change modify, suspend, or discontinue and/or eliminate any aspect, feature or functionality of the Website as it deems fit at any time without notice. Farm Prosperity Solutions makes no commitment, express or implied, to maintain or continue any aspect, feature or functionality of the Website. You agree that the Farm Prosperity Solutions shall not be liable to you or any third-party for any modification, suspension or discontinuance of the Website.
6. AGREEMENT TO RECEIVE MAILS AND NOTIFICATIONS
You by way of accepting these Terms consent to the receipt of communication from Farm Prosperity Solutions by way of e-mails, newsletters and Short Message Service (SMS) notifications. You expressly grant us permission to contact you in the abovementioned ways for updating you about our products/services and for marketing or promotional purposes. You shall indemnify Farm Prosperity Solutions for any liabilities including financial penalties, damages, reasonable expenses if the User’s mobile number is registered with Do Not Call (DNC) Database. If you do not wish to receive communication from us by way of e-mails, newsletters and SMS notifications anymore, you can send an email to firstname.lastname@example.org.
7. INTELLECTUAL PROPERTY
Unless otherwise specifically mentioned in these Terms, all of the content available through the Website (including the right to sue for passing off, design rights, reports, data, databases, tools, code, photographs, pictures, video, interfaces, web-pages, designs, text, graphics, images, information, software (“Software”), audio, logos, User content and other media files, their selection and arrangement, materials and all other intellectual property rights) are owned by us or respective third-party or licensed to us by a third-party (“Our Content”). You acknowledge and accept that you are expressly prohibited from using Our Content except where we grant you a limited license to use Our Content in connection with the Website. To the extent that there are trademarks, service marks and/or logos from other organisations on our Website, they are the trademarks, service marks and logos of those respective organisations. You are granted no general right or commercial license with respect to our trademarks, service marks, and logos or of the trademarks, service marks or logos of those other organisations.
Unless otherwise agreed, you will not acquire any rights in any intellectual property on the Website which include trademarks or brand logos and any such rights which you may by law acquire will be assigned automatically to Farm Prosperity Solutions. You agree not to remove deface or cover up any name plates, logos or trademarks appearing on the Website. No one may copy, reproduce, transmit, post, distribute or create derivative works from the Website without express, prior written authorization from Farm Prosperity Solutions. No rights are granted to you hereunder other than as expressly set forth herein.
The Website may can contain elements that are protected by copyright and by other laws that are subject to the copyright or other rights of third parties and that are correspondingly protected for these third parties (“Third-party Intellectual Property”). Farm Prosperity Solutions does not claim any right on such Third-party Intellectual Property except for the limited purpose of displaying the same on the Website with no intention of any gain or benefit.
8. CONDUCT OF THE USERS
You hereby agree, undertake and covenant that, during the use of the Website, you shall not host, display, upload, modify, publish, transmit, update or share any information that:
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, including bodily privacy, insulting or harassing on basis of gender, libellous, hateful or racially or ethnically objectionable, disparaging or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever under the laws of India;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- 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 other nation;
- contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
- is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person; and
- provides instructional information about illegal activities such as making or buying illegal weapons or any other objects, violating someone's privacy, or providing or creating computer viruses;
- engages in commercial activities without Farm Prosperity Solutions’ prior written consent such as engages in contests, sweepstakes, barter, advertising etc.;
- interferes with another Users use and enjoyment of the Website;
You may not decompile, reverse engineer, or disassemble the contents of the Website or modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website or remove any copyright, trademark registration, or other proprietary notices from the contents of the Website.
You will not (a) use the Website for commercial purposes of any kind, or (b) advertise or sell domain names or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind, or (c) use the Website in any way that is unlawful, or harms Farm Prosperity Solutions or any of their Representatives (as defined below).
10. PROPRIETARY RIGHTS
The Website is protected by copyright laws as well as other intellectual property laws as applicable. Farm Prosperity Solutions and its licensors shall retain ownership in and to the Website and to all related intellectual property rights, including without limitation copyrights, trademarks, trade names, database rights and patents. You are granted only a limited right to use the Website subject to these Terms and no intellectual property rights are or will deemed to be transferred or licensed or assigned to you except as contemplated herein.
12. FEEDBACK AND SURVEYS
Any feedback you provide on the Website regarding the listed products, through any surveys undertaken by us shall be deemed to be non-confidential. The Website shall be free to use such non-confidential information on an unrestricted basis. Further, by submitting your feedback and survey data, you represent and warrant that (i) your feedback and survey data does not contain confidential or proprietary information of you or of third parties; (ii) Farm Prosperity Solutions is not under any obligation of confidentiality, express or implied, with respect to the feedback and survey data; and (iv) you are not entitled to any compensation or reimbursement of any kind from Farm Prosperity Solutions for the feedback or survey data under any circumstances, unless specified.
Farm Prosperity Solutions reserves the right, at its own discretion, to freely assign and transfer the rights and obligations under these Terms to any third-party.
These Terms are effective unless and until terminated by either you or Farm Prosperity Solutions.
You may terminate the Terms at any time, provided that you discontinue any further use of the Website. Farm Prosperity Solutions may terminate the Terms at any time and may do so without any prior notice.
15. DISCLAIMER OF WARRANTIES
THE SERVICE AND ALL INFORMATION, CONTENT, MATERIALS ON OR OTHERWISE MADE AVAILABLE TO THE USER THROUGH THE WEBSITE IS PROVIDED BY FARM PROSPERITY SOLUTIONS ON AN “AS IS”, “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. FARM PROSPERITY SOLUTIONS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE, THE ACCURACY OR COMPLETENESS OF THE CONTENTS AND THE ACCURACY OF THE INFORMATION. FARM PROSPERITY SOLUTIONS SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR DEVICES OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, DOCUMENT OR INFORMATION. THE USER EXPRESSLY AGREES THAT THE USE OF THE SERVICE IS AT THE USER’S SOLE RISK. FARM PROSPERITY SOLUTIONS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE OR THE CONTENTS INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, FARM PROSPERITY SOLUTIONS DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE WEBSITE AND ITS CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
16. LIMITATION OF LIABILITY
IN NO EVENT SHALL FARM PROSPERITY SOLUTIONS, OR ITS REPRESENTATIVES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM THE USER’S ACCESS TO AND USE OF THE WEBSITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SECURE SERVERS AND/OR ANY AND ALL PERSONAL AND/OR BUSINESS AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD-PARTY; AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FARM PROSPERITY SOLUTIONS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE ABOVE AND NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, THE MAXIMUM AGGREGATE LIABILITY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR EQUITY) OF FARM PROSPERITY SOLUTIONS VIS-À-VIS ANY EMPLOYER, REGARDLESS OF THE FORM OF CLAIM, SHALL BE LIMITED TO THE AGGREGATE OF ANY FEES/AMOUNT PAID BY THE USER TO FARM PROSPERITY SOLUTIONS. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY HEREIN.
17. SEVERABILITY AND WAIVER
The Website is controlled and operated by Farm Prosperity Solutions from Noida, and is not intended to subject Farm Prosperity Solutions to the laws or jurisdiction of any state, country or territory other than that of India. In choosing to access the Website, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Website availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be in Noida, India. In the event of any dispute arising out of these Terms the same shall be settled by a binding arbitration conducted by a sole arbitrator, appointed jointly by both parties and governed by the Arbitration and Conciliation Act, 1996 and any amendments to it thereof. The venue and seat of arbitration shall be Noida, India and the language used shall be English
In the event of any complaints with respect to the Website, you may write to us, as per the contact information provided in these Terms or elsewhere on the Website, within 24 (twenty-four) hours of facing such issue on the Website.
Farm Prosperity Solutions makes no representations or warranties that the Website will meet the User satisfaction and is no obligation to redress your complaint however, Farm Prosperity Solutions, will make efforts to do so at their own behest.
20. GRIEVANCE REDRESSAL
Pursuant to the Consumer Protection (Direct Selling) Rules, 2021 and the Consumer Protection (E-Commerce) Rules, 2020 the Company shall acknowledge the User complaint within 48 (forty-eight) hours of receiving such complaint and shall on a best effort basis resolve the User grievance within 1 (one) month of receiving such complaint. However, due to unforeseen circumstances such timelines may extend.
In accordance with the Information Technology Act, 2000 and Rules made thereunder, the name and contact details of the Grievance Officer are provided below:
Name: Sourabh Rai
Address: Uttar Pradesh: Sector 44, Noida
Contact: 79872 38688
Email ID: email@example.com