Terms and Conditions
A. General Terms
3. By downloading, installing, accessing or using User acknowledges and agrees that he/she is legally competent and is entering into a legally binding contract with Kamatan Farm Tech Private Limited in respect to his/her use of the App which contract includes all Supplementary Terms.
4. The User acknowledge and agree that a printed version of this contract and/or any electronic communication by Kamatan Farm Tech Private Limited shall be admissible in judicial or administrative proceedings based upon or relating to this contract and/or your use of the App to same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
5. The App has been prepared in and is downloadable in India in accordance with Indian law. If the App is accessed by User from outside India, User should ensure that such download is permissible and is in accordance with the laws of such jurisdiction. If User choose to access or use the "App" from or in locations outside India, User do so on User's own initiative and are responsible for ensuring that what User is doing in that country is legal; and the consequences and compliance by User with all applicable laws, regulations, byelaws, codes of practice, licenses, registrations, permits and authorizations.
7. The Use of the Kamatan Farmer App does not include the provision of a mobile device or other necessary equipment to access it. To use the Kamatan Farmer App User will require Internet connectivity and appropriate telecommunication links. We shall not have any responsibility or liability for any telephone or other costs User may incur in this respect.
8. Kamatan Farmer App is available to selected Apps/platforms and would soon be released/made available on other Apps/platforms and in order to use Kamatan Farmer App, the user is required to have a compatible App/Platform, internet access, and the necessary minimum specifications as above. The quality and availability of the App may be affected by factors like internet access and other factors beyond control of Kamatan.
9. The User shall not in any way use the Kamatan Farmer App or submit to us or to the Kamatan Farmer App or to any user of the Kamatan Farmer App anything which in any respect to following:- is in breach of any law, statute, regulation or byelaw of any applicable jurisdiction; is fraudulent, criminal or unlawful; is inaccurate or out-of-date; may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political; impersonates any other person or body or misrepresents a relationship with any person or body; may infringe or breach the copyright or any intellectual property rights (including without limitation copyright, trade mark rights and broadcasting rights) or privacy or other rights of us or any third party; may be contrary to our interests; is contrary to any specific rule or requirement that we stipulate on the Kamatan Farmer App in relation to a particular part of the Kamatan Farmer App or the Kamatan generally; or involves User's use, delivery or transmission of any viruses, unsolicited emails, trojan horses, trap doors, back doors, easter eggs, worms, time bombs, cancel bots or computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
10. The User agrees not to reproduce, duplicate, copy or re-sell Kamatan Farmer App or any part thereof unless otherwise specified herein.
11. The User agree not to access the App without authority, interfere with, damage or disrupt:-any part of the Kamatan Farmer App; any equipment or network on which the Kamatan Farmer App is stored; any software used in the provision of the Kamatan Farmer App; or any equipment or network or software owned or used by any third party.
12. The User hereby grants Kamatan an irrevocable, royalty-free, worldwide, assignable, sub-licensable license to use any material which User submit to us or the Kamatan Farmer App for the purpose of use on the Kamatan Farmer App or for generally marketing (by any means and in any media, including, but not limited to, on our website or in our journals) our services. The User agrees to waive his/her moral rights to be identified as the author and we may modify User's submission.
13. The Commentary, data, information and other materials available and accessible through Kamatan Farmer App are not intended to amount to advice on which reliance should be placed, unless specified otherwise. Subject to clauses below, we hereby disclaim all liability and responsibility arising from any reliance placed on such materials by any user of Kamatan Farmer App, or by anyone who may be informed of any of its contents.
14. The User assumes sole responsibility for results obtained from the use of the Kamatan Farmer App, and for conclusions drawn from such use. Subject to clauses below, we shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to us by User in connection with the Kamatan Farmer App, or any actions taken by us at User's direction.
15. The User agrees to comply at all times with any instructions for use of the Kamatan Farmer App which we make from time to time.
16. The User agrees to receive communication from Kamatan in form of SMS, calls, emails, broadcasts & notifications on Kamatan Farmer App etc.
1. Kamatan Farmer App is a mobile application where registered users would be able to access various information related to agriculture like weather forecasts, market prices, crop advisory and local, national & international news in the language of user's choice (Services). The app may be upgraded from time to time with new features and services. The User is required to intimate itself about the latest feature and services available on Kamatan Farmer App.
2. The User represents and warrant that:- all information you submit is truthful, current, complete and accurate; your use of Kamatan Farmer App does not violate any applicable law or regulation;
3. Kamatan may, at its sole and absolute discretion and at any time, terminate your privilege to use this App for breach of any terms herein or any other reason.
4. The features and/or service displayed on the App may change or may be discontinued at any time without notice. The information on the App may be out of date and Kamatan makes no commitment to update these materials on the App.
5. Kamatan will connected to Registered Users by way of various means including but not limited to sms, broadcast messages on Kamatan Farmer App, calls, emails etc.
6. Both party will keep confidential any non-public information that it receives about or in relation to the other party and shall not, without the consent of the other, disclose it to any third party nor to use it for any purpose other than in the performance of the Agreement.
7. The User agrees that Kamatan may collate, compile, archive use, transfer, create databases out of or otherwise deal with User's personal data and use any part of it: (a) as reasonably necessary provide Service; (b) Service improvement and development of new products and/or services; (c) to inform and/or get in touch with Users about the availability of or engage in direct marketing efforts for newer products and/or services or Kamatan Farmer App or Kamatan suppliers or counter parties (and for that purpose share Client or User's personal data with those third parties), unless User has in each case opted out of receiving such communications
8. In order to take into account technological changes, Kamatan Farmer App may by at least 30 days' prior written notice require User to upgrade, change or replace any Device, infrastructure, software, hardware, equipment and/or communications link (together, Infrastructure) used by User to receive the Service. The User shall at its own cost comply with any such notice. The User acknowledges and accepts that any such changes may have an impact on the performance of Infrastructure
C. Limitation of Liability
1. We shall not be liable if for any reason the App is unavailable for any time or for any period. We make no warranty that User's access to the App will be uninterrupted, timely or error-free. While we endeavour to ensure that information and materials on the App are correct, no warranty or representation, express or implied, is given that they are complete, accurate, up-to-date, fit for a particular purpose and, to the extent permitted by law, we do not accept any liability for any errors or omissions. The User understands and hereby agrees that, except as otherwise expressly stated and to the extent applicable by law, in no event will Kamatan and its affiliates be liable to any user or any other party for any damages, including but not limited to direct, indirect, special, consequential, or exemplary damages. The User understands and agrees that its use of the App is conditioned upon your waiver of any right against Kamatan and its affiliate, for damages or losses resulting from your use of the App.
D. Disclaimer of Warranties
Kamatan makes no warranties regarding the safety of the App and the accuracy of the content thereon. Each party represents and warrants that it shall perform its obligations so as to comply with applicable Central, state and local laws, ordinances and regulations. The users warrants that it own or otherwise have sufficient rights to grant the license granted to its proprietary material in compliance with all applicable laws and regulations including but not limited to any Indian patent, copyright, trademark, or trade secret law or regulation. The User further warrants that the use of its proprietary material will not infringe upon any intellectual property, or any other rights of any third party. Except as otherwise expressly provided, all content, information, services and tools and on this App are provided on an "As Is", "As Available" basis and use of this Service is solely at your own risk. We expressly disclaims all warranties and conditions of any kind whether express or implied, including but not limited to, the implied warranty of merchantability, non-infringement, fitness for a particular purpose, and all implied warranties arising from statute, course of dealing, course of performance or usage of trade. Kamatan makes no warranty that the content and software are accurate, timely, uninterrupted, virus-free or ERROR-FREE. To the extent permissible by law, Kamatan expressly disclaims any and all other warranties.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
F. Independence from Platforms
The App is independent of any platform on which it is located. Kamatan Farmer App is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, Apple, Google, Android or RIM Blackberry (each being an "Operator"). The Download, installation, access to or use of the App by User is also bound by the terms and conditions of the Operator.
G. IPR Rights
The Kamatan Farmer App, services and materials made available on the App, and their selection and arrangement inclusive of trademarks, service marks, information and content, whether registered or not, are the sole property of Kamatan. The user acquires no right, titles or interest in any of the Kamatan Property. The User will not (and will not allow any third party to) copy, modify, or have any rights over Kamatan property, except as expressly provided herein.
Membership on the App is free for users. Kamatan does not charge any fee for browsing and buying on the App. Kamatan reserves the right to change its Fee Policy from time to time. In particular, Kamatan may at its sole discretion introduce new services and modify some or all of the existing services offered on the App. In such an event Kamatan reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the App and such changes shall automatically become effective immediately after they are posted on the App. Unless otherwise stated, all fees shall be quoted in Indian Rupees (INR). User shall be solely responsible for compliance of all applicable laws including those in India for making payments to Kamatan Farm Tech Pvt Ltd.
I. Notices and Take Down Policy
Notice is specifically given that Kamatan is not responsible for the Content or Advertisements accessible through the App. Kamatan reserves right in its sole discretion to remove and/or disable access to Content claimed to infringe third-party rights and/or terminate the accounts of the Users of the App who may infringe upon intellectual property or other rights of Kamatan and/or other third-parties.
J. Third Party Content
The App may provide access to third-party websites that are not owned or controlled by Kamatan. Kamatan is not responsible for any third-party Content, applications, services, advertisements, and/or links that may be contained in the App.
No part of the App and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, downloaded or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise. Kamatan shall have all the rights to take necessary action and claim damage in case of any violation. Such action may also involve terminating Your permission to use the App by deleting Your Account.
You may use general information about the App expressly permitted, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such Content only for Your personal, non-commercial informational purpose unless agreed otherwise through an agreement and do not copy or post such Content on any networked computer or broadcast it in any media, (3) make no modifications to any such Content, and (4) do not make any additional representations or warranties relating to such documents.
K. Entire Agreement
These Terms and Conditions shall govern the relationship between Kamatan and the User. If you have any questions about them, please contact us at firstname.lastname@example.org