FarMart –Privacy
Policy & Terms of Use
v1/2022
Last Updated On 29/09/2022
PRIVACY POLICY
FarMart Service Pvt. Ltd., and the mobile application
platform Rozaana (each a “Platform”)
is a platform which allows the users to a
consumer directory, send free marketing messages about products, and other
commercially relevant information to its customers and users which helps them
to grow their business by 50%. FarMart
recognizes the importance of privacy as well as the importance of maintaining
the confidentiality of personal information. This Privacy Policy applies to all
products and services provided by FarMart and sets
out how FarMart may collect, use and disclose
information in relation to Users of the Platform.
User may use FarMart's services
and products via a mobile device through a mobile application. This Privacy
Policy also applies to such use of FarMart’s services
and products.
All capitalized terms not defined in this document
shall have the meanings ascribed to them in the Terms of Use of the Platform,
which can be found here. Contracting entity shall be Farmart
Service Pvt. Ltd. (herein after referred to as ‘FarMart’ or ‘us’ or ‘our’).
This Privacy Policy is an electronic record in the
form of an electronic contract formed under the Information Technology Act,
2000 and the rules made thereunder and the amended provisions pertaining to
electronic documents / records in various statutes as amended by the
Information Technology Act, 2000. This Privacy Policy does not require any
physical, electronic or digital signature and is a legally binding document
between You and FarMart
1.
COLLECTION
OF INFORMATION
1.
User(s)
privacy is important to FarMart and FarMart have taken steps to ensure that FarMart
does not collect more information from User than is necessary for FarMart to provide User(s) with FarMart’s
services and to protect User(s) account.
2.
Information
including, but not limited to, User name, address, phone number, fax number,
email address, gender, date and/or year of birth and user preferences
("Registration Information") may be collected at the time of User
registration on the Platform. You grant FarMart
your irrevocable and informed consent in relation to such Registration
Information.
3.
In
connection with any communication or transaction and payment services or any
other services that you may avail using the Platform, information, including
but not limited to, bank account numbers, billing and delivery information,
credit/debit card numbers and expiration dates and tracking information from
cheques or money orders ("Account Information") may be collected,
among other things, to facilitate the sale and purchase as well as the
settlement of purchase price of the products or services transacted on or
procured through the Platform.
4.
FarMart’s record and retention of details of Users’ activities
on the Platform. Information relating to communication or transactions
including, but not limited to, the types and specifications of the goods,
pricing and delivery information, any dispute records and any information
disclosed in any communication forum provided by us and/or other affiliated
companies of FarMart (“Activities
Information”) may be collected as and when the communication and / or
transactions are conducted through the Platform.
5.
FarMart’s record and retention of records of Users’ browsing or
buying activities on Platform including but not limited to IP addresses,
browsing patterns and User behavioural patterns. In
addition, we gather statistical information about the Platform and visitors to
the Platform including, but not limited to, IP addresses, browser software,
operating system, software and hardware attributes, pages viewed, number of
sessions and unique visitors (together "Browsing Information").
6.
Registration
Information, Account Information, Activities Information, and Browsing
Information are collectively referred to as User Data.
7.
It
is mandatory for Users of the Platform to provide certain categories of User
Data (as specified at the time of collection). In the event that Users do not
provide any or sufficient User Data marked as mandatory, FarMart
may not be able to complete the registration process or provide such Users with
FarMart’s products or services.
2.
USE
OF USER DATA
If you provide
any User Data to FarMart, you are deemed to have
authorized, permitted and consented to FarMart to
collect, retain and use that User Data for the following purposes:
1.
Verification
of User’s identity;
2.
Processing
User’s registration as a user, providing User with a log-in ID for the Platform
and maintaining and managing User’s registration;
3.
Providing
User with customer service and responding to User(s) queries, feedback, claims
or disputes;
4.
To
facilitate communication between Users on the Platform and / or processing
Users transactions on the Platform;
5.
Performing
research or statistical analysis in order to improve the content and layout of
the Platform, to improve FarMart’s product offerings
and services and for marketing and promotional purposes;
6.
Subject
to Applicable Law, FarMart (including our affiliated
companies and their designated Service Providers may use User’s name, phone
number, residential address, email address, fax number and other data
("Marketing Data") to provide notices, surveys, product alerts,
communications and other marketing materials to User(s) relating to products
and services offered by FarMart or its affiliates;
7.
You
further grant to FarMartan exclusive, transferable,
sub-licensable, royalty-free and worldwide licence to
host, use, distribute, modify, run, copy, publicly perform or display,
translate and create derivative works from your Account Information.
8.
If
User voluntarily submit any User information or other information to the
Platform for publication on the Platform through the publishing tools, then
Users are deemed to have given consent to the publication of such information
on the Platform; and
9.
Making
such disclosures as may be required for any of the above purposes or as
required by law, regulations and guidelines or in respect of any
investigations, claims or potential claims brought on or against us or against
third parties.
3.
DISCLOSURE
OF USER DATA
1.
User
further agrees that FarMart may disclose and transfer
User Data to third party service providers (including but not limited to data
entry, database management, promotions, products and services alerts, delivery
services, payment extension services, authentication and verification services
and logistics services) ("Service Providers"). These Service
Providers are under a duty of confidentiality to FarMart
and are only permitted to use User Data in connection with the purposes
specified in clause 2 herein above.
2.
User(s)
agree that FarMart may disclose and transfer User
Data to FarMart’s affiliated companies and/or their
designated Service Providers.
3.
When
necessary FarMart may also disclose and transfer User
Data to our professional advisers, law enforcement agencies, insurers,
government and regulatory and other organizations.
4.
Any
User Data supplied by User will be retained by FarMart
and will be accessible by our employees, any Service Providers engaged by FarMart and third parties referred to in clause 3 herein,
for or in relation to any of the purposes stated in Clause 2 herein above.
5.
All
voluntary information uploaded by you on the Platform (including without
limitation information about your products, images, remarks, feedbacks etc. ) may be made publicly available on the Platform and
therefore accessible by any internet user. Any voluntary information that User
disclose to FarMart becomes public information and
User relinquishes any proprietary rights (including but not limited to the
rights of confidentiality and copyright) in such information. User should
exercise caution when deciding to include personal or proprietary information
in the voluntary information that User submits to FarMart or
uploads on the Platform.
6.
FarMart may share User Data with third parties, including
without limitation, banks, financial institutions, credit agencies, or vendors
to enable such third parties to offer their products or services to such Users.
While FarMart shall endeavour
to have in place internal procedures to keep User Data secure from intruders,
there is no guarantee that such measures/procedures can eliminate all of the
risks of theft, loss or misuse.
7.
FarMart may establish relationships with other parties and
websites to offer User the benefit of products and services which FarMart does not offer. FarMart
may offer you access to these other parties and/or their websites. This Privacy
Policy does not apply to the products and services enabled or facilitated by
such third parties. The privacy policies of those other parties may differ from
FarMart, and FarMart has no
control over the information that User may submit to those third parties. User
should read the relevant privacy policy for those third parties before
responding to and availing any offers, products or services advertised or
provided by those third parties.
4.
RIGHT
TO UPDATE USER DATA
Under the
applicable laws, User have the right of access to personal information held
by FarMart and to request updating /
correcting the information.
5.
COOKIES
FarMart uses "cookies" to store specific
information about User and track User(s) visits to the Sites. A
"cookie" is a small amount of data that is sent to User’s browser and
stored on User’s device. If User does not deactivate or erase the cookie, each
time User uses the same device to access the Platform, our services will be
notified of User visit to the Platform and in turn FarMart
may have knowledge of User visit and the pattern of User’s usage.
Generally, FarMart use cookies to identify User and enable FarMart to i) access User’s
Registration Information or Account Information so User do not have to re-enter
it; ii) gather statistical information about usage by Users; iii) research
visiting patterns and help target advertisements based on User interests; iv)
assist FarMart’s partners to track User visits to the
Platform and process orders; and v) track progress and participation on the
Platform.
User can
determine if and how a cookie will be accepted by configuring the browser which
is installed in User’s device. If User choose, User can change those
configurations. If User reject all cookies by choosing the cookie-disabling
function, User may be required to re-enter information on the Platform more
often and certain features of the Platform may be unavailable.
6.
MINORS
The Platform and
its contents are not targeted to minors (those under the age of 18). However, FarMart have no way of distinguishing the age of
individuals who access our Platform. If a minor has provided FarMart with personal information without parental or
guardian consent, the parent or guardian should contact FarMart’s
Legal Department at the address set out in clause 9 below to remove the
information.
7.
SECURITY
MEASURES
FarMart employs commercially reasonable security methods
to prevent unauthorized access to the Platform, to maintain data accuracy and
to ensure the correct use of the information FarMart
hold. No data transmission over the internet or any wireless network can be
guaranteed to be perfectly secure. As a result, while FarMart
tries to protect the information FarMart hold, FarMart cannot guarantee the security of any information
the User transmits to FarMart and Users do so at
their own risk.
8.
CHANGES
TO THIS PRIVACY POLICY
Any changes to this
Privacy Policy will be communicated by us posting an amended and restated
Privacy Policy on the Platform. Once posted on the Platform the new Privacy
Policy will be effective immediately. Your continued use of the Platform shall
be deemed to be your acceptance to the provisions of the Privacy Policy. User
agree that any information FarMart hold about User
(as described in this Privacy Policy and whether or not collected prior to or
after the new Privacy Policy became effective) will be governed by the latest
version of the Privacy Policy.
9. RESTRICTION
OF LIABILITY
1. FarMart makes no
claims, promises or guarantees about the accuracy, completeness, or adequacy of
the contents available through the Platform and expressly disclaims liability
for errors and omissions in the contents available through the Platform.
2. No warranty
of any kind, implied, expressed or statutory, including but not limited to the
warranties of non-infringement of third party rights,
title, merchantability, fitness for a particular purpose and freedom from
computer virus, is given with respect to the contents available through the
Platform or its links to other internet resources as may be available to you
through the Platform.
3. Reference in
the Platform to any specific commercial products, processes, or services, or
the use of any trade, firm or corporation name is for the information and
convenience of the public, and does not constitute endorsement, recommendation,
or favoring by FarMart.
10. GRIEVANCE OFFICER
In accordance
with Information Technology Act 2000 and rules made there under, the name and
contact details of the Grievance Officer are provided below:
Name- Mr. Mehtab Singh Hans
Contact-
grievances@farmart.co
TERMS OF USE
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)(a) of the Information Technology (Intermediary
Guidelines and Digital Media Ethics Code) Rules, 2021 that require publishing
the rules and regulations, privacy policy and Terms of Use for access or usage
of domain name/ website [www.farmart.co] (“Website”), including the
related mobile application (hereinafter referred to as “Platform”).
This document is a legally binding agreement between as
a person who accesses, utilizes and makes use of the Mobile Application (acting
by itself or through its representatives) (collectively referred to as “you”, “your”, “User” hereinafter) who
access or use or transact on the Platform and Farmart
Services Pvt. Ltd. (referred to as “we”, “our” or “FarMart” hereinafter). You acknowledge and agree
that the Platform is a business to business (B2B) platform and provides
services to business entities only.
This document and such other rules and policies of the
Platform as may be amended from time to time are collectively referred to below
as the “Terms”. We reserve the right, at our sole discretion, to
change, modify, add or remove portions of these Terms, at any time without any
prior written notice to You. By accessing, browsing, or otherwise using the
Platform or using the Services, including following the posting of changes,
User agrees to accept and be bound by the Terms (as may be amended from time to
time). It is your responsibility to review these Terms periodically for any
updates / changes. Please do not use the Services or access the Platform if you
do not accept the Terms or are unable to be bound by the Terms.
PLEASE READ THE TERMS CAREFULLY BEFORE PROCEEDING IF
YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THE PLATFORM OR
THE SERVICES PROVIDED BY THE PLATFORM OR FARMART. By impliedly or expressly
accepting these Terms, You also accept and agree to be
bound by any amendments, updates and modifications to the Terms and the other
policies (including but not limited to, Privacy Policy), as maybe amended,
updated and modified from time to time.
Additional terms and conditions may apply to You in
respect of availing specific services and/or to specific portions or features
of the Platform, including but not limited to, Services, any other additional
services as may be offered by us from time to time, contests, offers, schemes,
promotions or other similar features, all of which terms are to be read as part
of these Terms. You agree to abide by such other terms and conditions, including,
where applicable, representing that You have the legal capacity to use or
participate in such service or feature. If there is a conflict between these
Terms and the terms posted for or applicable to a specific portion of the
Platform or for any specific service offered on or through the Platform, the
latter terms shall control with respect to your use of that portion of the
Platform or the specific service.
I.
EFFECTIVE
DATE
These Terms of
Use shall come into force with immediate effect and shall remain valid till
such time the Platform and Website are accessible.
II.
APPLICATION
AND ACCEPTANCE OF THE TERMS
1.
Your
use of the Platform and FarMart’s services, features,
functionality, software and products (collectively the “Services” hereinafter)
is subject to the terms and conditions contained in this document as well as
the Privacy Policy, and any other
rules and policies of the Platform that FarMart may
publish from time to time. You agree and irrevocably consent to the terms of
these Policies as a necessary and essential condition precedent for availaing FarMart Services.
2.
You
must read FarMart Privacy Policy which
governs the collection, use, and disclosure of personal information about
Users. You accept the terms of the Privacy Policy and agree to the use of the
personal information about you in accordance with the Privacy Policy.
III.
PROVISION
OF SERVICES
3.
You
must register on the Platform in order to access and use the Services. Further,
FarMart reserves the right, without prior notice, to
restrict access to or use of certain Services (or any features within the
Services) subject to other conditions that FarMart
may impose in its discretion.
4.
In
case you avail services while accessing the Platform, that may be supported
and/or provided by third party service provider(s), for all such services your
contracting entity will be such third party service
provider(s), as the case may be. FarMart disclaims
all liability for any claims that may arise pursuant to your use of services
provided by such third party service provider(s).
5.
User
agrees and confirms that any Services provided to you by FarMart
are on best efforts basis and FarMart may engage services
of third party service provider(s) to facilitate such
Services to you. We shall not in any manner be liable to you for failure or
delay in providing the Services or for any temporary disablement, permanent
discontinuance of the Services by us or for any consequences resulting from
such actions or reasons that are beyond our reasonable control.
6.
User
acknowledges that the Services are being provided to you on a ‘as is’ and ‘as
available’ basis and may be interrupted while browsing, transacting, using or
uploading information on the Platform. User agrees that we reserve the right to
suspend the Services, forthwith without assigning any reason whatsoever, at our
sole discretion.
7.
FarMart may at any time with or without notice, withdraw,
terminate, and/or suspend any or part of the Services without cause or in case
of any breach of the Terms by the User. In addition, termination of any or part
of any Services shall not impact provision of other services or other business
arrangements or agreements which the User may have entered into with FarMart.
IV.
ELIGIBILITY
8.
The
Platform is available for use and access to Users who can form legally binding
contracts under Indian Contract Act, 1872. For the purposes of these Terms, the
term ‘persons’ shall mean any sole proprietor, firm, company, corporation,
government, state or agency of a state or any association, trust, joint
venture, consortium or partnership (whether or not having separate legal
personality) or any other body corporate duly incorporated under the laws of
India.
9.
User
must not use the Platform and its Services for their personal use and the
Platform shall be used by the User only for their business purposes.
V.
USER
ACCOUNTS AND VERIFICATION OF ACCOUNT
10. User must be registered on the Platform to access or
avail the Services for its commercial purposes. You agree and acknowledge that
you will transact on the Platform only for your business purposes and not for
personal use. Except with FarMart’s approval, one
User may only register one account on the Platform. FarMart
may cancel or terminate a User’s account if FarMart has reasons to suspect that the User has
concurrently registered or controlled two or more accounts. Further, FarMart may reject User’s application, without assigning
any reasons thereof, for registration for any other reason.
11. A set of user ID and OTP (One Time Password) /
password is unique to a single account. Any action triggered on your user
account on the Platform or by using the unique OTP will be deemed to have been authorised by you and with your express consent. You shall
be solely responsible for maintaining the confidentiality and security of your
user ID and password and for all activities that occur under your account. You
agree that all activities that occur under your account (including without
limitation, posting any company or product information, clicking to accept any
terms & conditions or rules, subscribing to or making any payment for any
Services, sending emails using the Platform or other communications) will be
deemed to have been authorized by you.
12. When you access the Platform
you are electronically communicating with FarMart. FarMart may communicate with you by e-mail, SMS, WhatsApp
messages or messages through other modes of communication, phone call or by
posting notices on the Platform or by sending in-app notifications or any other
mode of communication. For contractual purposes, you consent to receive
communications (including transactional, promotional and/or commercial
messages) in the above manner, from FarMart with
respect to your use of the Platform and it shall be deemed by your
continued use of the Platform that you agree and consent to receive any
communications from FarMart.
13. While registering the User account on the Platform you
will be required to furnish details about you and with respect to your business
including without limitation, business name, GSTIN, PAN, TAN, Udyog Aadhar,
address, phone number and/ or any other information that may be required by FarMart to provide in relation to your business. You agree
and acknowledge that we may directly or through a third-party service provider
validate the information provided by you on the Platform. You agree to furnish
additional information and provide documentary proof as may be requested by us,
from time to time, for the purposes of verification of your user account
information. If any information provided by you is found to be incorrect or
misleading, FarMart reserves its right to take
appropriate steps as set forth under Clause 7 of these General Terms. For the
purposes of verification of your account information, you agree that we may
share your information with such third party service
provider in accordance with the terms of the Privacy Policy. We reserve the
right to seek additional information from you about you and your business, from
time to time and you consent to provide such additional information to continue
using the Platform.
VI.
USERS
GENERALLY
14. You agree that (a) you will not copy, reproduce,
download, re-publish, sell, distribute or resell any Services or any
information, text, images, graphics, video clips, sound, directories, files,
databases or listings, etc. available on or through the Platform (the “Platform
Content”), and (b) you will not copy, reproduce, download, compile or
otherwise use any Platform Content for the purposes of operating a business
that competes with FarMart, or otherwise commercially
exploiting the Platform Content or systematic retrieval of Platform Content
from the Platform to create or compile, directly or indirectly, a collection,
compilation, database or directory (whether through robots, spiders, automatic
devices or manual processes).
15. FarMart may allow Users access to content, products or
services offered by third parties through hyperlinks (in the form of word link,
banners, channels or otherwise), API or otherwise to such third parties' web
sites. You are cautioned to read such third parties
terms and conditions and/or privacy policies before using the Platform with
respect to such content, products or services that you may avail. You
acknowledge that FarMart has no control over such
third parties' web sites and shall not be responsible or liable to anyone for
such web sites, or any content, products or services made available on such web
sites.
16. You agree not to undertake any action which may
undermine the integrity of FarMart’s feedback system.
17. You agree that the Services shall be availed by you
only for commercial purposes that is for sale or purchase of products for
further distribution or sale. You further agree that you will not use the
Platform or any of its Services thereof for your personal use or consumption.
18. By posting or displaying any information, content or
material (“User Content”) on the Platform or providing any User Content
to FarMart or our representative(s), you grant
perpetual, worldwide, royalty-free, and sub-licensable license to FarMart to display, transmit, distribute, reproduce,
publish, translate, and otherwise use any or all of the User Content in any
form, media, or technology now known or not currently known in any manner and
for any purpose which may be beneficial to the operation of the Platform, the
provision of any Services and/or the business of the User. You confirm and
warrant to FarMart that you have all the rights, power
and authority necessary to grant the above license.
19. User agrees, undertakes, and confirms that User’s use
of Platform shall be strictly governed by the following binding principles:
19.1.
User
shall not host, display, upload, modify, publish, transmit, store, update or
share any information which:
19.1.1. Belongs to another person and to which User does not
have any right to;
19.1.2. Is grossly harmful, harassing, blasphemous,
defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's
privacy including bodily privacy, hateful, racially or ethnically
objectionable, disparaging, relating or encouraging money laundering or
gambling, or otherwise unlawful in any manner whatever; or unlawfully
threatening or unlawfully harassing including but not limited to "indecent
representation of women" within the meaning of the Indecent Representation
of Women (Prohibition) Act, 1986 or otherwise inconsistent with or contrary to
the laws in force;
19.1.3. Is misleading in any way;
19.1.4. Is patently offensive to the online community, such as
sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of
any kind against any group or individual;
19.1.5. Harasses or advocates harassment of another person;
19.1.6. Involves the transmission of "junk mail",
"chain letters", or unsolicited mass mailing or "spamming"
or messages using FarMart’s communication Platform;
19.1.7. Promotes illegal activities or conduct that is
abusive, threatening, obscene, defamatory or libellous;
19.1.8. Infringes upon or violates any third party's rights
including, but not limited to, intellectual property rights, rights of privacy
(including without limitation unauthorized disclosure of a person's name, email
address, physical address or phone number) or rights of publicity;
19.1.9. Promotes an illegal or unauthorized copy of another
person's copyrighted work, such as providing pirated computer programs or links
to them, providing information to circumvent manufacture-installed copy-protect
devices, or providing pirated music or links to pirated music files;
19.1.10.Contains restricted or password-only access pages, or
hidden pages or images (those not linked to or from another accessible page);
19.1.11.Provides material that exploits people in a sexual,
violent or otherwise inappropriate manner or solicits personal information from
anyone;
19.1.12.Provides instructional information about illegal
activities such as making or buying illegal weapons, violating someone's
privacy, or providing or creating computer viruses;
19.1.13.Contains video, photographs, or images of another
person (with a minor or an adult);
19.1.14.Tries to gain unauthorized access or exceeds the scope
of authorized access to the Platform or to profiles, blogs, communities,
account information, bulletins, friend request, or other areas of the Platform
or solicits passwords or personal identifying information for commercial or
unlawful purposes from other Users;
19.1.15.Engages in commercial activities and/or sales without
prior written consent such as contests, sweepstakes, barter, advertising and
pyramid schemes, or the buying or selling of "virtual" products
related to the Platform. Throughout this Terms of Use, FarMart's
prior written consent means a communication coming from FarMart's
Legal Department, specifically in response to your request, and specifically addressing
the activity or conduct for which you seek authorization;
19.1.16.Solicits gambling or engages in any gambling activity
which, in sole discretion, believes is or could be construed as being illegal;
19.1.17.Interferes with another user’s use and enjoyment of the
Platform or enjoyment of any similar Services;
19.1.18.Refers to any website or URL that, in sole discretion,
contains material that is inappropriate for the Platform or any other website,
contains content that would be prohibited or violates the letter or spirit of
these Terms;
19.1.19.Harm minors in any way;
19.1.20.Infringes any patent, trademark, copyright or other
proprietary rights or third party's trade secrets or rights of publicity or
privacy or shall not be fraudulent or involve the sale of counterfeit or stolen
products;
19.1.21.Violates any law for the time being in force;
19.1.22.Deceives or misleads the addressee/ users about the
origin of such messages or communicates any information which is grossly
offensive or menacing in nature or knowingly and intentionally communicates any
information which is patently false or misleading in nature but may reasonably
be perceived as a fact;
19.1.23.Impersonate another person;
19.1.24.Contains software viruses or any other computer code,
files or programs designed to interrupt, destroy or limit the functionality of
any computer resource; or contains any trojan horses, worms, time bombs,
cancel-bots, easter eggs or other computer programming routines that may
damage, detrimentally interfere with, diminish value of, surreptitiously
intercept or expropriate any system, data or personal information;
19.1.25.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 cognizable offence
or prevents investigation of any offence or is insulting any other nation.
19.1.26.Shall not be false, inaccurate or misleading;
19.1.27.Shall not, directly or indirectly, offer, attempt to
offer, trade or attempt to trade in any item, the dealing of which is
prohibited or restricted in any manner under the provisions of any applicable
law, rule, regulation or guideline for the time being in force.
19.1.28.Shall not create liability for FarMart
or cause FarMart to lose (in whole or in part) the
Services of our internet service provider ("ISPs") or other
suppliers.
19.1.29.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.
19.2.
You
shall not use any "deep-link", "page-scrape",
"robot", "spider" or other automatic device, program,
algorithm or methodology, or any similar or equivalent manual process, to
access, acquire, copy or monitor any portion of the Platform or any content on
the Platform, or in any way reproduce or circumvent the navigational structure
or presentation of the Platform or any content on the Platform, to obtain or
attempt to obtain any materials, documents or information through any means not
purposely made available through the Platform. FarMart
reserves its right to bar any such activity.
19.3.
You
shall not make any defamatory or denigrating statement(s) about FarMart, or our brand name or domain name used by FarMart including the terms FarMart,
FarMart Express, FarMart.com, or otherwise act in any
manner that might tarnish the reputation or standing, of FarMart
or Users on the Platform or otherwise tarnish or dilute any of FarMart’s trademarks, service marks, trading name, or the
goodwill associated with them.
19.4.
You
shall at all times ensure full compliance with the applicable provisions of the
Information Technology Act, 2000 and rules thereunder as applicable and as
amended from time to time.
19.5.
User
shall not attempt to gain unauthorized access to any portion or feature of the
Platform, or any other systems or networks connected to the Platform or to any
server, computer, network, or to any of the Services offered on or through the
Platform, by hacking, password "mining" or any other illegitimate
means.
19.6.
Unless
expressly permitted, User shall not probe, scan or test the vulnerability of
the Platform or any network connected to the Platform nor breach the security
or authentication measures on the Platform or any network connected to the
Platform. User shall not reverse look-up, trace or seek to trace any
information on any other User of or visitor to Platform, or any other User,
including any account on the Platform not owned by User, to its source, or
exploit the Platform or any service or information made available or offered by
or through the Platform, in any way where the purpose is to reveal any
information, including but not limited to personal identification or
information, other than User’s own information, as provided for by the
Platform.
19.7.
Each
User agrees to indemnify FarMart, its affiliates,
directors, employees, agents and representatives and to hold them harmless,
from any and all damages, losses, claims and liabilities (including legal costs
on a full indemnity basis) which may arise from or in connection with: (i) your submission, posting or display of any User Content;
(ii) from your use of the Platform or Services; (iii) from your breach of the
Terms or breach of any applicable laws, including tax laws; (iv) any service
availed by you from a third party service provider using any dispute
inter-se Users; and/or (vi) your negligence or wilful
misconduct.
19.8.
Each
User shall at all times, adhere to our Code of Conduct available at
https://FarMart.com/pages/code-of-conduct/md, while discharging its obligations
under the Terms.
VII.
BREACHES
AND SUSPENSION
20.
If
any User breaches any Terms, or if FarMart has
reasonable grounds to believe that a User is in breach of any Terms, or could
subject FarMart or its affiliates to liability, or is
otherwise found inappropriate or unlawful in FarMart’s
opinion, FarMart shall have the right to take such
disciplinary actions as it deems appropriate, including without limitation:
20.1.Suspending or terminating the User’s account and any
and all accounts determined to be related to such account by FarMart in its discretion;
20.2.Blocking, restricting, downgrading, suspending or
terminating the subscription of, access to, or current or future use of any
Service;
20.3.Removing any product listings or other User Content
that the User has submitted, posted or displayed;
20.4.Withhold settlement of payments by FarMart
to the User;
20.5.Any other corrective actions, discipline or penalties
as FarMart may deem necessary or appropriate in its
sole discretion.
21.
FarMart does not pre-screen any content or information
posted, published or transmitted on the Platform by the users and FarMart is under no obligation to pre-screen any such
content or information. However, FarMart may at its
discretion and/or in accordance with applicable law may voluntarily take down
any content or information posted by you on the Platform and if FarMart determines that any content or information is in
violation of these Terms, FarMart may remove such
content or information from the Platform without notice. Such actions do not in
any manner negate or dilute FarMart’s position as an
intermediary or impose any liability on FarMart with
respect to content or information posted, published or transmitted by users on
the Platform.
22.
Notwithstanding
anything contained herein these Terms, FarMart may
with or without notice and in its sole discretion be entitled to suspend,
reduce visibility of the product listings, de-activate, or de-list any product
listings or User’s account for any reasons, including without limitation,
economic constraints, operational difficulties, financial implications, usage behaviour of the User on the Platform, performance of the
User on the Platform, etc.
23.
In
the event a User becomes inactive or if no transaction is noticed by FarMart, in such a case FarMart
reserves its right to delist, deactivate or suspend a User’s
account in its sole discretion, with or without giving any notice to the User.
24.
FarMart reserves the right to cooperate fully with
governmental authorities, private investigators, injured third parties in the
investigation of any suspected criminal or civil wrongdoing and/or any third
parties alleging a claim against you. Further, FarMart
may disclose the User's identity and contact information, if requested by any
third party, government or law enforcement body, an injured third party, or as
a result of a subpoena or other legal action.
25.
If
it comes to the knowledge of FarMart or FarMart reasonably believes that any User has availed any
Services to obtain any product/service for its personal use or consumption or
for any purpose other than a commercial purpose, FarMart
shall have the right in its sole discretion, without intimation to the User, to
take action such as but not limited to suspending or terminating the User’s
account and any and all accounts determined to be relation to such account.
VIII.
TRANSACTIONS
BETWEEN USERS
26.
FarMart
is merely a facilitator and is not and cannot be a party to or control in any manner
any advertisement, exhibition, making available, offer to sell or transactions
of sale or purchase on the Platform.
27.
User
further acknowledges and undertakes that it shall use the Platform or Services
only for its lawful business purposes. Buyer agrees to purchase the
products from the Seller for further resale or commercial purpose and shall not
use the products purchased for your personal use or consumption.
28.
For
any Services, FarMart does not represent either the
Seller or the Buyer in specific transactions. FarMart
does not control and is not liable to or responsible for the quality, safety,
suitability of products, lawfulness or availability of the products or services
offered for sale on the Platform, or the ability of the Seller to complete a
sale or the ability of Buyers to complete a purchase. FarMart
does not implicitly or explicitly support or endorse the sale or purchase of
any products on the Platform. At no time shall any right, title or interest in
the products sold through or displayed on the Platform vest with FarMart nor shall FarMart have
any obligations or liabilities in respect of any transactions on the Platform.
29.
Each
User acknowledges that it is fully assuming the risks of conducting any
purchase and sale transactions (hereinafter referred to as “Transaction
Risk”) in connection with using the Platform or Services, and that it is
fully assuming the risks of liability or harm of any kind in connection with
subsequent activity of any kind relating to products or services that are the
subject of transactions using the Platform. User acknowledges and
undertakes that it is transacting on the Platform at its own risk and is using
its best and prudent judgment before entering into any transactions through the
Platform.
30.
FarMart shall neither be liable nor responsible for any
actions or inactions of the User nor any breach of conditions,
representations or warranties of the products and hereby expressly disclaims
any and all responsibility and liability in that regard. FarMart
shall not mediate or resolve any dispute or disagreement between Buyer and the
Seller of the products or any third party that is rendering services to you.
31.
In
the event that any User has a dispute with any party to a transaction such User
agrees to release and indemnify FarMart (and our
agents, affiliates, directors, officers and employees) from all claims,
demands, actions, proceedings, costs, expenses and damages (including without
limitation any actual, special, incidental or consequential damages) arising
out of or in connection with such transaction. This clause shall also apply to
any services opted for by the User by accessing any link from FarMart site to avail of any independent services related
to the transaction of buy-sell conducted on the Platform from any third party.
32.
We
do not make any representations pertaining to the information, content,
products included on or delivery of the products or otherwise made available to
User and User acknowledges that we are only acting as an intermediary between
the Buyer and the Seller. User hereby further agrees, acknowledges and confirms
that we are not responsible in any way for the products purchased by the Buyer
from the Seller and it is explicitly agreed by the User that we will not in any
way, under any circumstances whatsoever, be responsible or held liable for
products purchased by Buyer from the Seller and/or in relation to any issue
and/or dispute thereof. User hereby further agrees, acknowledges and confirms
that under the aforesaid circumstances Buyer’s only recourse will be against
the Seller and we will not be made a party to any such issue and/or dispute
between the Seller and the Buyer.
33.
The
User(s) shall be solely responsible for obtaining all necessary third party licenses and permissions (if any required under
applicable law) regarding the right and authority (if required under applicable
laws) to re-sell, trade, re-distribute or export or offer to sell, trade the
products or services and such sale, trade, distribution or export or offer does
not violate any applicable laws.
IX.
LIMITATION
OF LIABILITY AND INDEMNITY
34.
To
the maximum extent permitted by law, the Services provided by FarMart on or through the Platform are provided "as
is", "as available" and “with all faults” , and FarMart hereby expressly disclaims any and all warranties,
express or implied, including but not limited to, any warranties of condition,
quality, durability, performance, accuracy, reliability, merchantability or
fitness for a particular purpose. All such warranties, representations,
conditions, and undertakings are hereby excluded.
35.
To
the maximum extent permitted by law, FarMart makes no
representations or warranties about the validity, accuracy, correctness,
reliability, quality, stability, completeness or accurateness of any
information provided on or through the Platform; FarMart
does not represent or warrant that the manufacture, importation, export,
distribution, offer, display, purchase, sale and/or use of products or services
offered or displayed on the platform does not violate any third party rights;
and FarMart makes no representations or warranties of
any kind concerning any product or service offered or displayed on the
platform. Except as provided herein, to the fullest extent permissible by
applicable law, the aggregate liability of FarMart
for any claims that may arise in connection with these terms shall not exceed
an amount of INR 1000/-.
36.
Under
no circumstances will FarMart be liable for any
consequential, incidental, special, exemplary or punitive damages, including
but not limited to any lost profits that result from your purchase of any
products on platform or any services availed, even if FarMart
has been advised of the possibility of such damages.
X.
FORCE
MAJEURE
37.
Under
no circumstances shall FarMart be held liable for any
losses, delay or failure or disruption of the content or services delivered
through the Platform resulting directly or indirectly from acts of nature,
forces or causes beyond our reasonable control, including without limitation,
internet failures, computer, telecommunications or any other equipment
failures, electrical power failures, strikes, labor disputes, riots,
insurrections, civil disturbances, shortages of labor or materials, fires,
flood, storms, explosions, acts of God, war, governmental actions, epidemics,
pandemics, curfews, lock-down, orders of domestic or foreign courts or
tribunals or non-performance of third parties.
XI.
INTELLECTUAL
PROPERTY RIGHTS
38.
FarMart is the sole owner or lawful licensee of all the
rights and interests in the Platform and the Platform Content. All title,
ownership and intellectual property rights in the Platform and Platform Content
shall remain with FarMart or licensors of the
Platform Content, as the case may be. All rights not otherwise claimed under
the Terms or by FarMart are hereby reserved.
39.
“FarMart" and any other related icons and logos are
registered trademarks of Hiveloop Technology Private
Limited, in various jurisdictions and are protected under applicable copyright,
trademark and other proprietary rights laws. The unauthorized copying,
modification, use or publication of these marks is strictly prohibited.
40.
FarMart may, at its sole discretion, permit the User(s) of
the Platform, in writing, to use “FarMart” and any
other related icons and logos for indicative purposes in the form and manner
and terms and conditions as maybe agreed by FarMart.
41.
All
text, graphics, photographs, trademarks, logos, and artwork available or
accessible on the Platform are third party user generated content and FarMart has no control over such third-party user generated
content as FarMart is merely an intermediary for the
purposes of these Terms.
42.
You
shall be solely responsible for any content or information posted or
transmitted on the Platform and shall indemnify FarMart
against any claim or liability arising from any content or information posted
or transmitted by You on the Platform. Any content or information such as but
not limited to images, text, videos posted or transmitted on the Platform shall
be licenced to FarMart by
the User uploading such content and FarMart shall
have the worldwide, fully paid-up, perpetual and transferable licence in such content or information for the purposes of
its use on the Platform and for any purposes FarMart
deems fit. You shall not be entitled to any payment or compensation for any
usage of the content by FarMart.
XII.
NOTICES
43.
All
legal notices or demands to or upon FarMart shall be
made in writing and sent to FarMart personally, by
courier, certified mail, or facsimile to the following entity and address: Farmart Services Pvt. Ltd. K/A Mr. Mehtab
Singh Hans, 5/1143 Viram Khand, Gomti Nagar, Lucknow,
Uttar Pradesh The notices shall be effective when they are received by FarMart in any of the above-mentioned manner.
44.
All
legal notices or demands to or upon a 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 User to FarMart, or SMS, WhatsApp messages, or in-app
notifications, or by posting such notice or demand on an area of the Platform
that is publicly accessible without a charge or through such other mode of
communication as FarMart may deem fit in its
discretion. Notice to a User shall be deemed to be received by such User if and
when, a) FarMart is able to demonstrate that
communication, whether in physical or electronic form, has been sent to such
User, or b) immediately upon FarMart posting such
notice on an area of the Platform that is accessible by the User or publicly
accessible without charge.
XIII.
MISCELLANEOUS
PROVISIONS
45.
Unless
otherwise communicated to you by FarMart, the Terms
constitute the entire agreement between User and FarMart
and govern the User’s use of the Platform and any of the Services. The Terms
shall supersede any prior written or oral agreements that you may have had in
relation to the use of the Platform and any of the Services.
46.
FarMart and User are independent contractors, and no agency,
partnership, joint venture, employee-employer relationship is intended or
created by the Terms. The relationship between you and us is one of independent
contractors, and nothing contained in these Terms will be construed to (a) give
either party the power to direct and control the day-to-day activities of the
other, (b) constitute the parties as partners, joint ventures, co-owners or
otherwise as participants in a joint or common undertaking, or (c) allow you to
create or assume any obligation on our behalf for any purpose whatsoever.
47.
If
any provision of the Terms is held to be invalid or unenforceable, such
provision shall be deleted and the remaining provisions shall remain valid and
be enforced.
48.
FarMart’s failure to enforce any right or failure to act with
respect to any breach by User under the Terms will not constitute a waiver of
that right nor a waiver of FarMart’s right to act
with respect to subsequent or similar breaches.
49.
FarMart shall have the right to assign the Terms (including
all of our rights, titles, benefits, interests, and obligations and duties in
the Terms to any person or entity (including any affiliates of FarMart). User may not assign, in whole or part, the Terms
to any third party or person.
50.
The
Terms shall be governed by the laws of India and the parties to the Terms agree
to submit to the exclusive jurisdiction of the courts of Bangalore, Karnataka,
India.
XIV.
GRIEVANCE
MECHANISM
The User may
submit any grievance with respect to the Platform or the Services, including
with respect to any abuse on the Platform and/or any discrepancies or
grievances with respect to processing of information to the Grievance Officer
at the contact details mentioned hereinbelow. We will endeavour
to resolve your grievances and concerns within timelines as mentioned under
applicable laws.
GRIEVANCE OFFICER
Enter Details of
Grievance Officer
Name- Mr. Mehtab
Singh Hans
Contact- grievances@farmart.co