Terms & Conditions
In order to be listed on the
Platform and/or to access certain features of the Platform, Users will be
required to sign up (“Farmstruck Account”) on the Farmstruck platform.
Users agree to provide
accurate, current and complete information during any registration process on
the platform and to update such information to keep it accurate, current and
complete. Farmstruck reserves the right to verify and validate the information and
details provided by Users. In case of any discrepancy or inaccuracy or fraud
identified in the information provided by the user, Farmstruck, may, in its sole
discretion, reject or otherwise terminate the registration of the User account
and may also debar any such user from accessing the platform or services.
Users are responsible for
safeguarding their user password. Users agree that they will not disclose their
password to any third party and that they will take sole responsibility for any
activities or actions under their Farmstruck Account,
whether or not the User has authorized such activities or actions. Users will
immediately notify Farmstruck of
any unauthorized use of their Farmstruck Account.
Products and Delivery
Farmstruck offers an array of Products including, but not
limited to meat, and other perishable and non-perishable products (“Products”). Users are solely
responsible for reading the instructions for storage and usage of the Products.
Farmstruck will not be liable for any deterioration of the Products owing to User
failure to store/ use the said Products in a manner consistent with their
nature and the instructions accompanying each Product, after the same is
delivered to User.
As far as is possible, Farmstruck will endeavour to
ensure that the pictorial representation of the products matches the product
being delivered; however, due to the nature of some of the products, variations
may occur in the Product listing and the Product delivered for which Farmstruck
is not responsible, except in the specific circumstances as set out in these
terms and conditions.
Products listed on the platform are subject to
availability and Farmstruck reserves the right to modify order quantities or
reject orders after they have been placed based on availability or
non-serviceability thereof.
Farmstruck may also impose limitations on the quantity of
products that may be ordered from the platform.
Product varieties may be listed separately on the
platform to streamline and bring specificity to the ordering process and to
ensure that the product the User sees is the product the User gets. However, Users
must take care to go through the product description listed on the platform in
order to ensure that a product fits their specific requirement. Farmstruck will
not be responsible for the correctness or application of any order placed by the
User.
Products once delivered will not be returnable other than
in accordance with our Replacement Policy as mentioned herein.
Farmstruck may, in its sole discretion, modify,
discontinue, commence supply of, and modify the pricing of any products on the
Platform.
Delivery terms
For all purposes, order delivery will be deemed to have been taken by the User once the order is delivered to the User in person, or in case of User’s unavailability, to a person designated by the User at the same address.
We strive to make the delivery process as convenient for Users,
as possible. However, there may be instances where, due to inadequate access to
certain delivery locations or our inability to locate the delivery address -due
to discrepancies in the details provided or limitations in location mapping
services- the User may be required to take delivery of the ordered items from a
prominent pickup point which is situated in the vicinity of the delivery
address.
While it is always our endeavour to deliver every order
as per the delivery scheduled mentioned to the User at the time of placing an
order, there may be instances where the delivery time varies. In any such case
we will keep the User informed regarding any delay or changes in the delivery
timeline.
Delivery Charges and Taxes
Farmstruck may, in its sole discretion, charge fixed, distance-based or such
other delivery charges as it may determine from time to time, and applicable
taxes. Such delivery and other charges, if applicable, will be intimated to User
at the time of placing an order through the platform.
In the event of non-delivery of products due to an error in the details
provided by the User or due to User’s non-availability at the time of delivery,
any additional charges for re-delivery of the products will have to be borne by the
User.
CANCELLATION, REPLACEMENT,
REFUND POLICY
Order Modification & Cancellation Policy
Owing to the perishable nature of certain Products listed on the platform, those products once ordered by the User cannot be cancelled or their quantities modified except under the following circumstances:
Where the item to be modified or cancelled is a fruit or vegetable product,
order modification or cancellation may be requested up to five (5) hours prior
to the scheduled delivery time.
Where the item to be
modified or cancelled is a pre-packaged product, order modification or
cancellation may be requested up to two (2) hours prior to the scheduled
delivery timeline.
However, in any such
instance, cancellation of an order or product will be at sole discretion of
Farmstruck.
Farmstruck will not
entertain any request for the cancellation of an order or product(s) at the
time of delivery.
Cancellation of an order
due to the User’s non-availability at the scheduled time of delivery will
result in the levying of cancellation charges on the User, as Farmstruck may
deem fit and which may be upto 100% of the value of the cancelled order.
For any cancellation requests and related queries Users may contact
customer care through the app or write to us at: support@farmstruck.com
Replacement & Refund Policy
If it is reported to us that any Products delivered to User
are of deficient quality or are not as per the order placed by the User, we
will promptly replace the same, provided that the same is reported to us within
a reasonable time with due regard to the nature of the Product and as follows:
If the Product delivered is a meat item, the said
deficiency in quality must be reported within a maximum time-frame of 2 hours
from the time of delivery; in case of fruits and vegetables, deficiencies must
be reported within a period of 8 hours from the time of delivery and in the case of pre-packaged items deficiencies must be reported within
a period of 24 hours from the time of delivery.
Undelivered or missing items in
an order or wrong item delivered must be intimated to the delivery personnel at
the time of taking delivery of the order or must be reported to Farmstruck no
later than two (2) hours from the time of taking delivery of the order. In
cases where the payment for the order has been collected, the value of the
undelivered items will be credited to the Farmstruck wallet/ source account.
Where the payment mode is cash on delivery, the value corresponding to the
undelivered item(s) will be adjusted in the bill amount payable at the time of
delivery.
In case of delivery of a wrong product or item not
ordered by the User, the User may be reasonably required to store certain
products appropriately, as per their storage instructions, until a suitable
replacement or refund for the said product(s) can be arranged.
In any instance where there is a failure to deliver any
ordered Product(s) or source replacements for any defective/ deficient Products
or an order is cancelled, attributable to Farmstruck (which will be determined at
Farmstruck's discretion), Farmstruck will, based on User preference
and as the context requires, either offer a similar or comparable product to User,
reschedule delivery of the order or where payment has already been
collected, refund the value of the undelivered products to User’s
Farmstruck Wallet/ source account.
Refunds against cancellation of orders initiated by the User
will be processed to their Farmstruck wallet/ source account in accordance with
our cancellation policy.
Farmstruck Wallet
Users with a Farmstruck Account may register to open a
Farmstruck Wallet for the purpose of making purchases on the Platform.
For the purpose of opening a Farmstruck Wallet, User may
be required to comply with KYC (Know Your Customer) requirements and provide
the necessary details including User name, contact details etc. Users hereby
undertake to provide accurate, up to date information for the said purpose, as
required.
Users may add money from their credit or debit cards or
net banking into the Wallet in order to recharge it and the amount so added can
be utilized for purchases on the Farmstruck platform. However, no cash
withdrawals will be permitted from the wallet.
Any amount in a User’s Farmstruck wallet will not be
refunded to the User under any circumstances.
User may add money into their wallet up to a maximum
limit of Rupees five thousand (Rs. 5,000/-) per month. This will be inclusive
of credits made by User into their wallet, any promotional offers, refunds etc.
Provided however that, at any given time the balance in a User’s Farmstruck
wallet shall not exceed Rupees five thousand (Rs. 5,000/-). Farmstruck may
revise these limits at its sole discretion without prior notice.
Users are not entitled to any interest on the balance
available in the wallet. Farmstruck will not be responsible for erroneous transfers of
any amounts into User wallet and will not permit the withdrawal of any such
amounts.
By opening a Farmstruck Wallet, User authorize us to
hold, make remittances and receive funds at User authorization.
Territory
At present, Farmstruck operates its services at Bengaluru.
Aside from the aforesaid locations, Farmstruck hereby makes no representation
that the Products/services, and offers will be available for purchase, outside
the aforesaid Territory, and makes no representation as to the quality of the
Products if transported by User beyond the aforesaid territorial limits.
Pricing and Refund
The pricing corresponding to the Products on the Platform
relates to the quantity mentioned on the listing of the said Product on the
Platform.
The Products are available for order in standard quantities, and
priced accordingly, as stated in the listings; we take utmost care in ensuring
that the quantity of the product ordered by User is delivered to User, however,
owing to the nature of some of the products, there may be slight variations.
The price may be adjusted in accordance with the variations such that User may
be refunded (in a manner determined by Farrmstruck), where the quantity of the Product
is lesser than the quantity ordered, or where excess product is delivered, a
commensurate amount may be charged from User.
Promotions/Offers
The validity or
applicability of any offers, discounts or promotions presented on the site or
app or offline, will at all times be subject to sole discretion of Farmstruck
Promotional offers in the form of online or offline exchange coupons or coupon codes, discounts etc. may be subject to additional terms with regard to their validity, applicability and other terms governing the offer. In case of conflict between the terms mentioned on any such offer and these Terms and Conditions, the latter shall apply.
User Conduct
You may only use the Platform
pursuant to the terms of this Agreement. You are solely responsible for Your
use of the Platform and shall abide by, and ensure compliance with, all
applicable Laws, rules and regulations in connection with Your use of the Platform,
including but not limited to Laws related to taxation, intellectual property,
privacy and export control. Use of the Platform is void where prohibited.
By way of example, and not as a
limitation, you agree not to:
- violate any local, state, or national law, or any
order of a court, or other law or regulation, including but not limited to
anti-spam, export control, privacy, and anti-terrorism laws and
regulations;
- use the Platform
or its content for any purposes not authorized by these Terms of Use,
including commercial, political, or religious purposes, including the submission
or transmission of any content that contains advertisements, promotional
materials, junk mail, or any other form of solicitation;
- infringe the rights of any person or entity,
including without limitation, their intellectual property, privacy,
publicity or contractual rights;
- use the Platform to transmit, distribute, post or
submit any information concerning any other person or entity, including
without limitation, photographs of others without their permission,
personal contact information or confidential financial information etc.
- "stalk" or harass any other user of our
Platform or collect or store any personally identifiable information about
any other user other than for purposes of transacting as a user of the
Farmstruck platform;
- harass, threaten, intimidate, impersonate, or
attempt to impersonate any other person, falsify your contact or other
information, misrepresent a relationship with any person or entity,
including misrepresenting a relationship with FGPL etc.
- impersonate any person or entity, or falsify or
otherwise misrepresent yourself or your affiliation with any person or
entity;
- use our Platform in connection with the
distribution of unsolicited commercial email ("spam") or advertisements;
- access,
download, monitor, or copy any information contained on our Platform
through artificial means (including but not limited to use any
‘deep-link’, ‘scraper’, ‘robot’, ‘spider’ or other automatic device,
program, algorithm or methodology, or any similar or equivalent automatic
or manual process), or in any way reproduce or circumvent the navigational
structure or presentation of the Platform or any content, to obtain or
attempt to obtain any content, materials, documents or information through
any means not purposely made available through the Platform; or
- sell, share, or otherwise transfer your account
username, password, other information, or your rights or obligations under
these Terms of Use;
- interfere with or damage our Platform, including,
without limitation, through the use of viruses, cancel bots, Trojan
horses, harmful code, flood pings, denial-of-service attacks, packet or IP
spoofing, forged routing or electronic mail address information or similar
methods or technology;
- use automated scripts to collect information or
otherwise interact with the Platform;
- post, upload, publish, submit or transmit any content
that: (i) infringes, misappropriates or violates a third party’s patent,
copyright, trademark, trade secret, moral rights or other intellectual
property rights, or rights of publicity or privacy; (ii) violates, or
encourages any conduct that would violate, any applicable law or
regulation or would give rise to civil liability; (iii) is fraudulent,
false, misleading or deceptive; (iv) is defamatory, obscene, pornographic,
vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred,
harassment or harm against any individual or group; (vi) is violent or
threatening or promotes violence or actions that are threatening to any
other person; or (vii) promotes illegal or harmful activities or
substances;
- systematically retrieve data or other content
from our Platform to create or compile, directly or indirectly, in single
or multiple downloads, a collection, compilation, database, directory or
the like, whether by manual methods, through the use of bots, crawlers, or
spiders, or otherwise;
- use, display, mirror or frame the Platform, or
any individual element within the Platform, Farmstruck’s name, any
Farmstruck trademark, logo or other proprietary information, or the layout
and design of any page or form contained on a page, without FGPL’s express
written consent;
- access, tamper with, or use non-public areas of
the Site, FGPL’s computer systems, or the technical delivery systems of FGPL’s
providers;
- probe,
scan or test the vulnerability of the Platform or any network connected to
the Platform, nor breach the security or authentication measures on or of
the Platform or any network connected to the Platform. You may not reverse
look-up, trace or seek to trace any information on any other user of the
Platform, or any other customer of FGPL, including any Farmstruck
account not owned by you, 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 your own information, except as expressly authorized by FGPL and provided for by the
Platform.
- avoid, bypass, remove, deactivate, impair,
descramble, or otherwise circumvent any technological measure implemented
by FGPL or any of FGPL’s providers or any other third party (including
another user) to protect the Platform;
- forge any TCP/IP packet header or any part of the
header information in any email or newsgroup posting, or in any way use
the Platform to send altered, deceptive or false source-identifying
information;
- attempt to decipher, decompile, disassemble or
reverse engineer any of the software used to provide the Platform; or
- advocate, encourage, or assist any third party in
doing any of the foregoing.
FGPL
will have the right to investigate and prosecute violations of any of the above
to the fullest extent of the law. FGPL may involve
and cooperate with law enforcement authorities in prosecuting users who violate
these Terms. You acknowledge that FGPL has no
obligation to monitor your access to or use of the Platform but has the right
to do so for the purpose of operating the Platform, to ensure your compliance
with these Terms, or to comply with applicable law or the order or requirement
of a court, administrative agency or other governmental body.
FGPL reserves
the right, at any time and without prior notice, to remove or disable access to
any content that FGPL, at its sole
discretion, considers to be objectionable for any reason, in violation of these
Terms or otherwise harmful to the Platform.
In order to be listed on the Platform and/or to
access certain features of the Platform, you will be required to sign up
(“Farmstruck Account”) on the Farmstruck platform.
You agree to provide accurate, current and complete
information during any registration process on the platform and to update such
information to keep it accurate, current and complete. FGPL reserves the right
to verify and validate the information and details provided by you. In case of
any discrepancy or inaccuracy or fraud identified in the information provided
by the user, FGPL may, in its sole discretion, reject or otherwise terminate
the registration of the User account and may also debar any such user from
accessing the platform or services.
You are responsible for safeguarding your password.
You agree that you will not disclose your password to any third party and that
you will take sole responsibility for any activities or actions under your Farmstruck Account, whether or not you have authorized
such activities or actions. You will immediately notify FGPL of any unauthorized use of your Farmstruck Account.
Intellectual Property and ownership rights
The Platform, and all its content is protected by copyright, trademark, and other laws of India and international laws. You acknowledge and agree that the Platform, including all associated intellectual property rights is the exclusive property of FGPL and its licensors. The compilation (meaning the selection, coordination, and arrangement) of the Site or the app is also the exclusive property of FGPL and is protected by Indian and international copyright laws.
Except as otherwise expressly stated herein, you may not alter, modify, copy,
distribute (for compensation or otherwise), transmit, display, perform,
reproduce, reuse, post, publish, license, frame, download, store for subsequent
use, create derivative works from, transfer, or sell any, copyright, trademark,
other proprietary right, information or Content incorporated in or accompanying
the platform, in whole or in part, including any text, images, audio, and video
in any manner, without the prior written authorization of FGPL or any
applicable third-party suppliers. The use of Content, including images, by you,
or anyone else authorized by you, is prohibited unless specifically permitted
by FGPL. Any unauthorized use of text or images may violate copyright laws,
trademark laws, the laws of privacy and publicity, and applicable regulations
and statutes. FGPL does not warrant or represent that your use of Content or
any other materials displayed on the platform will not infringe rights of third
parties. Your use of any of the Content beyond the scope of personal use may
require a license from the owner of the rights to the data with respect to the
use of portrait right, trademark, copyright, design right, right of utilization
or any other rights of the persons, products or landscape portrayed in the
provided Content. FGPL is not responsible for any claims of ownership rights to
any images or data against you. You will indemnify, defend and hold harmless FGPL
from and against any losses or claims, by an owner of data or image rights or
any third party resulting from any violation of these Terms of Use.
Certain trademarks on the platform are the service marks and trademarks
of FGPL or its licensees. The domain name for the Site, the FARMSTRUCK logo and
elements of the design of the Site and app are service marks, trademarks,
logos, and/or trade dress of FGPL. All other trademarks, service marks, trade
dress, product names, company names or logos, whether registered or not, on the
platform are the property of their respective owners. In addition to complying
with all applicable laws, you agree that you will not use any such trademarks,
service marks, trade dress, or other logos from the Site or app without the
prior written authorization of FGPL.
Permission for all other uses of Content, service marks, trademarks,
logos, trade dress or other intellectual property contained herein, including
reproducing and distributing multiple copies or using Content, service marks,
trademarks, logos, trade dress or other intellectual property on any other
website or networked computer or linking to any page of the Site or app, must
be obtained from FGPL or the appropriate rights owner in advance; otherwise,
such use is prohibited. Requests for such authorization from FGPL should be
submitted via email. All design rights, databases and compilation and other
intellectual property rights associated with the Site, app in each case whether
registered or unregistered, and related goodwill, are proprietary to FGPL.
Farmstruck's content and release
Subject to your compliance with the terms and conditions of these Terms, FGPL grants you a limited, non-exclusive, non-transferable license, to access and view any FGPL content solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy,
adapt, modify, prepare derivative works based upon, distribute, license, sell,
transfer, publicly display, publicly perform, transmit, broadcast or otherwise
exploit the Platform, except as expressly permitted in these Terms. No licenses
or rights are granted to you by implication or otherwise under any intellectual
property rights owned or controlled by FGPL or its licensors, except for the
licenses and rights expressly granted in these Terms.
WARRANTY DISCLAIMER
THE PRODUCTS, AND RELATED OFFERS ON THIS PLATFORM ARE
PROVIDED ON AN “AS IS”/ “AS AVAILABLE BASIS”, WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, FGPL EXPLICITLY
DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE
OF DEALING OR USAGE OF TRADE. FGPL MAKES NO WARRANTY THAT THE PLATFORM, THE
CONTENT, INCLUDING, BUT NOT LIMITED TO, THE PRODUCTS WILL MEET YOUR
REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.
FGPL MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, THE PRODUCTS OR
CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY
OF ANY CONTENT OBTAINED THROUGH THE SITE/APP OR THE SERVICES.
IF YOU CHOOSE TO USE THE PLATFORM, YOU DO SO AT YOUR
SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT NO INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM THE PLATFORM PERTAINING TO ANY OF THE PRODUCTS,
OR OTHERWISE, WILL GIVE RISE TO ANY WARRANTY NOT EXPRESSLY CREATED HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR
COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM AND WITH OTHER
PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM.
YOU UNDERSTAND THAT FGPL DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF
USERS OF THE PLATFORM. FGPL MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE
CONDUCT OF USERS OF THE PLATFORM OR THEIR COMPATIBILITY WITH ANY CURRENT OR
FUTURE USERS OF THE PLATFORM. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL
COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM AND WITH OTHER
PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM.
Unlawful Activity
We
reserve the right (at our discretion) to investigate complaints or reported
violations of the Terms and to take any action we deem appropriate including,
but not limited to, reporting any suspected unlawful activity to law
enforcement officials, regulators, or other third-parties and disclosing any
information necessary or appropriate to such persons or entities relating to
your registration data, usage history, posted materials, IP addresses and
traffic information etc.
Termination and account deactivation
FGPL may,
in its sole discretion and without liability to you, with or without cause,
with or without prior notice and at any time: (a) terminate these Terms or your
access to our Platform, and (b) deactivate or cancel your Farmstruck Account.
Upon termination we will promptly pay you any amounts we reasonably determine
we owe you in our discretion and which we are legally obligated to pay you. In
the event FGPL terminates these Terms, or your access to our Platform or
deactivates or cancels your Farmstruck Account, you will remain liable for all
amounts due hereunder. Please note that if your Farmstruck Account is
cancelled, we do not have an obligation to delete or return to you any content
you have posted to the Platform, including, but not limited to, any reviews or
Feedback.
Indemnity
You agree
to release, indemnify, defend and hold harmless FGPL including but not limited
to its affiliates, subsidiaries, officers, directors, agents and employees from
and against any and all losses, liabilities, claims, damages, demands, costs
and expenses (including legal fees and disbursements in connection therewith
and interest chargeable thereon) asserted against or incurred by FGPL arising out of or in any way
connected with your access to or use of the Platform, or your violation of
these Terms. Further, You agree to hold FGPL harmless
against any claims made by any third party due to, or arising out of, or in
connection with Your use of the Platform, any claim that Your material caused
damage to a third party, Your violation of the Terms of Use, or Your violation
of any rights of another, including any intellectual property rights.
In no
event shall FGPL, its officers, directors, employees, partners or suppliers be
liable to the User, or any third party for any special, incidental, indirect,
consequential or punitive damages whatsoever, including those resulting from
loss of use, data or profits, whether or not foreseeable or whether or not FGPL
has been advised of the possibility of such damages, or based on any theory of
liability, including breach of contract or warranty, negligence or other
tortious action, or any other claim arising out of or in connection with Your
use of or access to the Platform.
LIMITATION OF
LIABILITY
NEITHER FGPL
NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM
OR PRODUCTS WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR
CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF
GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST
OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY
INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS,
FROM THE USE OF OR INABILITY TO USE THE PLATFORM, THE PRODUCTS LISTED HEREON, FROM
ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE PLATFORM,
OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT
OF YOUR USE OF THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT
(INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND
WHETHER OR NOT FGPL HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN
IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL
PURPOSE.
YOU
ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE
RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE PLATFORM AND CONTENT, AND ANY
CONTACT YOU HAVE WITH OTHER USERS OF FARMSTRUCK WHETHER IN PERSON, BY PHONE,
ONLINE OR OTHER MEANS REMAINS WITH YOU.
PRIVACY POLICY
FGPL is committed to protecting the privacy and confidentiality of any personal information that it may request and receive from its clients, business partners and other users of the site and app. To read our privacy policy statement regarding such personal information please refer to our PRIVACY POLICY located at www.farmstruck.in/index.php?route=information/information&information_id=3
FEEDBACK AND REPORTING MISCONDUCT
We
welcome and encourage you to provide feedback, comments and suggestions for
improvements to the Platform (“Feedback”). You may submit Feedback by emailing
us at support@farmstruck.com . You acknowledge and agree that all Feedback will be
the sole and exclusive property of FGPL and you hereby irrevocably assign to FGPL
and agree to irrevocably assign to FGPL all of your right, title, and interest
in and to all Feedback, including without limitation all worldwide patent,
copyright, trade secret, moral and other proprietary or intellectual property
rights therein. At FGPL’s request and expense, you will execute documents and
take such further acts as FGPL may reasonably request to assist FGPL to
acquire, perfect, and maintain its intellectual property rights and other legal
protections for the Feedback.
In
addition, If you feel any user is acting or has acted inappropriately,
including but not limited to, anyone who (i) engages in offensive, violent or
sexually inappropriate behavior, (ii) you suspect of fraud, or (iii) engages in
any other disturbing conduct, you should immediately report such person to the
appropriate authorities and to FGPL.
Use of content
FGPL reserves its right to post data on the site www.farmstruck.com/
App or on such other affiliated sites and publications as it may deem fit and
proper at no extra cost to the User.
Links
The Platform
may contain links to third-party websites or resources. You acknowledge and
agree that FGPL is not responsible or liable for: (i) the availability or
accuracy of such websites or resources; or (ii) the content, products, or
services on or available from such websites or resources. Links to such
websites or resources do not imply any endorsement by FGPL of such websites or
resources or the content, products, or services available from such websites or
resources. You acknowledge sole responsibility for and assume all risk arising
from your use of any such websites or resources or the content, products or
services on or available from such websites or resources.
Communication
FGPL may send you information pertaining to the Products,
including important announcements, payment transaction confirmations, by SMS,
WhatsApp, email or other means of electronic communication, by posting a notice
on the website, or through any other relevant communication channels.
FGPL may offer to send you promotional information by
SMS, email or other means of electronic communication. You may choose to opt in
to receiving such communication and can manage your consents in the Settings
page of your user account.
You agree that all agreements, notices, disclosures
and other communications that are provided to you electronically, satisfies any
legal requirement that such communications be in writing. You further agree
that any notices provided by us electronically is deemed to be given and
received on the date when we transmit any such electronic communication as
described in these Terms of Use.
Non-Agency
Neither these Terms of Use, the Privacy Policy, the
Products, nor any content, materials or features of the Platform create any
partnership, joint venture, employment, or other agency relationship between
You and FGPL. You may not enter into any contract on our behalf or bind us in
any way.
Waiver
The failure of a Party to insist upon strict
performance of any provision of this or any Agreement or the failure of a Party
to exercise any right or remedy to which they are entitled hereunder shall not
constitute a waiver thereof and shall not cause a diminution of the obligations
under this or any Agreement. No waiver of any of the provisions of this
Agreement or any of its clauses shall be effective unless it is expressly
stated to be such in writing and signed by the respective Parties.
Forcer Majeure
FGPL
shall not be liable for any failure to perform any obligation under this or any
Agreement which is due to an event beyond our control including but not limited
to any Act of God, terrorism, war, Political insurgence, insurrection, riot,
civil unrest, act of civil or military authority, uprising, epidemic or
pandemic diseases, errors or downtime in networks, power supply, gateway or
similar failures of communication earthquake, flood or any other natural or
man-made eventuality outside of our control, which causes the termination of an
agreement or contract entered into, nor which could have been reasonably
foreseen. In any such event, we shall forthwith inform you of the same and
shall use all reasonable endeavours to comply with the terms and conditions contained
herein.
Assignment
You may not assign any of your rights under these
Terms of Use, and any such attempt will be null and void. FGPL may, in its
discretion, transfer, without further consent or notification, all contractual
rights and obligations pursuant to these Terms of Use if some or all of the
assets or business of FGPL is transferred to another entity by way of merger,
sale of its assets or otherwise.
Dispute Resolution
Arbitration
In the
event that a dispute arises between you and FGPL as per these Terms, the
parties shall attempt to amicably resolve the dispute through mutual
discussions. Where the dispute is not resolved for a period of 90 days from the
date of the dispute, either party may, upon giving written notice to the other
party, declare its intention to initiate arbitration proceedings. The
arbitration will be conducted in English in accordance with the rules
prescribed under the Arbitration and Conciliation Act, 1996. The venue for the
arbitration shall be Bangalore. The arbitration shall be conducted by a sole
arbitrator appointed by FGPL. The award of the arbitrator shall be final and
binding on the parties. Each party shall bear its own cost of arbitration.
Governing Law and Jurisdiction
These Terms of Use are governed by the laws of the
Republic of India, without regard to conflict of law principles. Any disputes
arising out of or in connection with this agreement and/or related terms will
be subject to the jurisdiction of the courts located in Bangalore, Karnataka.
You agree to attempt to mediate any such dispute
through arbitration or other alternative dispute resolution mechanisms, in
India and to abide by all limitations of liability contained herein.
Claims of intellectual property infringement
We respect the intellectual property of others and
take the protection of copyrights and all other intellectual property very
seriously, and ask our users to do the same. We therefore employ measures to
prevent copyright and other intellectual property infringement on the Platform.
Severability
All parts of these Terms of Use apply to the maximum extent permitted by law. It is hereby agreed between the parties that if we cannot enforce a part of this contract as written, then that part will be replaced with terms that most closely match the intent of the part we cannot enforce to the extent permitted by law. The invalidity of part of these Terms of Use will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience and do not have any force or effect.
GRIEVANCES
Any
grievance that you may have pertaining to illegal activities on the platform,
abuse, or any complaint relating to our Products may be reported to our
Grievance Officer, Presilla Rodrigues
Email: support@farmstruck.com
Phone Number: +91 7259701818
CONTACTING US
If you
have any questions or concerns about these Terms of Use, please contact us
here:
E- Mail: support@farmstruck.com
Postal
Address:
Farmstruck Global Private Limited
31,1st Floor, Airview Colony
Konena Agrahara
Bangalore
Karnataka - 560 017
We will attempt to respond to your questions or concerns promptly after we receive them.