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TERMS OF USE

EFFECTIVE DATE: June, 2022

LAST UPDATE: June, 2022

1. INTRODUCTION

  • This website, i.e. https://www.farmprosperity.com/ (“Website”) is operated by Farm Prosperity Solutions Private Limited, a company incorporated and existing under the Companies Act, 2013 and having its registered office at F-67 Sector-44, Gautam Buddha Nagar, Noida, Uttar Pradesh – 201301 IN (hereinafter referred as “Farm Prosperity Solutions” or “Company” or “us” or “we” or “our(s)”) engaged in the business of developing innovative solutions using technology to enhance the profitability of farming operations.

  • These terms of use (“Terms”) govern the terms of usage of our Website. These Terms constitute an electronic document published in accordance with the provisions of the Information Technology Act, 2000 (“Act”) and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“Rules”), as amended from time to time.

  • These Terms are applicable for the Website.

2. GENERAL

You can determine when these Terms were last revised by referring to the date at the top of these Terms. Farm Prosperity Solutions reserves the right to make any changes to these Terms at its sole discretion, subject to the Act and the Rules and it is your duty to periodically check the Terms for any such updates. Your continued use of the Website shall imply that you have acknowledged and accepted the Terms and any revisions thereto. By accessing the Website, you agree that you are using the Website solely at your discretion and in no way did Farm Prosperity Solutions induce or invite or solicit you to visit our Website. You should not modify or edit or alter or use any content from the Website in any manner to hamper the position of Farm Prosperity Solutions.

3. ELIGIBILITY AND CONSENT

  • By accessing the Website, the user(s), or the parent or legal guardian of the user(s) in case of Minors (as defined below), as the case may be (“User(s)” or “you” or “yours”), acknowledge that they have read, understood and agree to these Terms.

  • If the Users are under the age of 18 (eighteen) years (“Minors”), such Minors must use the Website under the supervision of a parent or a legal guardian who agree to be bound by the Terms.

  • It is clarified that all references to “he”, “his”, “him” and “himself”, in the context of the User, shall be deemed to include references to Users of the opposite gender as well as Users who are legal or non-natural entities.

4. PRIVACY POLICY

The Users agree that they have read through the privacy policy (“Privacy Policy”) that is provided on the Website and have understood and agreed to the terms incorporated therein. The Users consent to the use of their personal and non-personal information by Farm Prosperity Solutions in accordance with the terms of as set forth in the Privacy Policy.

5. USE OF WEBSITE

  • Subject to your acceptance of these Terms, we grant you a limited, revocable, personal, non-exclusive, non-transferable license to use the Website, which allows you to access and use the Website on mobile, tablets and desktop device (“Devices”) that you own or control. You may use the Website on the Devices solely for your own personal and non-commercial use. You acknowledge and undertake that you are accessing the Website including all its features at your own risk, and that you are using your best and prudent judgment before entering into any transactions with Farm Prosperity Solutions.

  • Website:

– The Website shall be best viewed on the latest version of Google Chrome, Firefox, Safari, Microsoft and are accessible on the Devices.

– The Website is best accessed from the following operating systems: (a) Windows XP or above, (b) MAC OS 10.2 or above.

  • The contents of the Website are best viewed with the latest version of Adobe Flash Player. Farm Prosperity Solutions’ Website is compatible only with the above-mentioned software or programs. Farm Prosperity Solutions shall not be obligated, at any point of time, to provide workable service for any Devices that are not recognized by Farm Prosperity Solutions or those instruments that may be purchased from any third party which are not compatible with the Farm Prosperity Solutions’ Website.

  • Further, Farm Prosperity Solutions reserves the right to upgrade its Website from time to time to provide its service in the best possible manner.

  • Third-Party Links:

The Website may contain links to websites or applications offered by third parties (“Third-Party Sites”). We do not control or promote Third-Party Sites. Your use of any Third-Party Sites is entirely at your own risk and we are not responsible for any consequences faced by you for using these Third-Party Sites. We are not responsible for the practices employed by any websites or service linked to or from our Website, including the information or content contained within them. Farm Prosperity Solutions does not make any representations concerning the privacy practices or policies or terms of use of such Third-Party Sites, nor does it control or guarantee the accuracy, integrity, or quality of the information, data, text, software, music, sound, photographs, graphics, videos, promotional advertisements, or other materials available on such Third-Party Sites. The inclusion or exclusion does not imply any endorsement by Farm Prosperity Solutions of the Third-Party Sites, the Third-Party Sites’ provider, or the information on such Third-Party Sites.

  • You hereby agree that Farm Prosperity Solutions has the right to change, modify, suspend, or discontinue and/or eliminate any aspect, feature, or functionality of the Website as it deems fit at any time without notice. Farm Prosperity Solutions makes no commitment, express or implied, to maintain or continue any aspect, feature, or functionality of the Website. You agree that Farm Prosperity Solutions shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Website.

6. AGREEMENT TO RECEIVE MAILS AND NOTIFICATIONS

You, by accepting these Terms, consent to the receipt of communication from Farm Prosperity Solutions via e-mails, newsletters, and Short Message Service (SMS) notifications. You expressly grant us permission to contact you in the abovementioned ways for updating you about our products/services and for marketing or promotional purposes. You shall indemnify Farm Prosperity Solutions for any liabilities including financial penalties, damages, and reasonable expenses if the User’s mobile number is registered with the Do Not Call (DNC) Database. If you do not wish to receive communication from us by e-mails, newsletters, and SMS notifications anymore, you can send an email to connect@farmprosperity.com.

7. INTELLECTUAL PROPERTY

  • Unless otherwise specifically mentioned in these Terms, all of the content available through the Website (including the right to sue for passing off, design rights, reports, data, databases, tools, code, photographs, pictures, video, interfaces, web pages, designs, text, graphics, images, information, software (“Software”), audio, logos, User content, and other media files, their selection and arrangement, materials, and all other intellectual property rights) are owned by us or respective third parties or licensed to us by a third party (“Our Content”). You acknowledge and accept that you are expressly prohibited from using Our Content except where we grant you a limited license to use Our Content in connection with the Website. To the extent that there are trademarks, service marks, and/or logos from other organizations on our Website, they are the trademarks, service marks, and logos of those respective organizations. You are granted no general right or commercial license with respect to our trademarks, service marks, and logos or those of other organizations.

  • Unless otherwise agreed, you will not acquire any rights in any intellectual property on the Website, including trademarks or brand logos, and any such rights which you may by law acquire will be assigned automatically to Farm Prosperity Solutions. You agree not to remove, deface, or cover up any name plates, logos, or trademarks appearing on the Website. No one may copy, reproduce, transmit, post, distribute, or create derivative works from the Website without express, prior written authorization from Farm Prosperity Solutions. No rights are granted to you hereunder other than as expressly set forth herein.

  • The Website may contain elements that are protected by copyright and by other laws that are subject to the copyright or other rights of third parties and that are correspondingly protected for these third parties (“Third-party Intellectual Property”). Farm Prosperity Solutions does not claim any right on such Third-party Intellectual Property except for the limited purpose of displaying the same on the Website with no intention of any gain or benefit.

8. CONDUCT OF THE USERS

  • You hereby agree, undertake, and covenant that, during the use of the Website, you shall not host, display, upload, modify, publish, transmit, update, or share any information that:

– is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, hateful or racially or ethnically objectionable, disparaging or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever under the laws of India;

– infringes any patent, trademark, copyright, or other proprietary rights;

– violates any law for the time being in force;

– threatens the unity, integrity, defence, security, or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting to other nations;

– contains software viruses or any other computer code, file, or program designed to interrupt, destroy, or limit the functionality of any computer resource;

– is patently false and untrue, and is written or published in any form with the intent to mislead or harass a person, entity, or agency for financial gain or to cause any injury to any person; and

– provides instructional information about illegal activities such as making or buying illegal weapons or any other objects, violating someone’s privacy, or providing or creating computer viruses;

– engages in commercial activities without Farm Prosperity Solutions’ prior written consent such as contests, sweepstakes, barter, advertising, etc.;

– interferes with another user’s use and enjoyment of the Website;

  • You may not decompile, reverse engineer, or disassemble the contents of the Website or modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website or remove any copyright, trademark registration, or other proprietary notices from the contents of the Website.

  • You will not (a) use the Website for commercial purposes of any kind, (b) advertise or sell domain names or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind, or (c) use the Website in any way that is unlawful, or harms Farm Prosperity Solutions or any of their Representatives (as defined below).

9. CONFIDENTIALITY

As elaborated under the Privacy Policy, Farm Prosperity Solutions will keep all confidential information confidential, including your personal information, and shall not disclose it to anyone except as provided in the Terms and required by law, and shall ensure that such confidential information is protected with security measures and a degree of care that it would apply to its own confidential information. Farm Prosperity Solutions acknowledges that its employees, directors, agents, and contractors (“Representatives”) shall use the confidential information only for the intended purpose for which it is provided. Farm Prosperity Solutions shall use all reasonable endeavours to ensure that its Representatives acknowledge and comply with the provisions of these Terms of confidentiality.

10. PROPRIETARY RIGHTS

The Website is protected by copyright laws as well as other intellectual property laws as applicable. Farm Prosperity Solutions and its licensors shall retain ownership in and to the Website and to all related intellectual property rights, including without limitation copyrights, trademarks, trade names, database rights, and patents. You are granted only a limited right to use the Website subject to these Terms and no intellectual property rights are or will be deemed to be transferred or licensed or assigned to you except as contemplated herein.

11. INDEMNIFICATION

You agree to indemnify and hold harmless Farm Prosperity Solutions, its owners, licensors, suppliers, affiliates, subsidiaries, group companies (as applicable), and their Representatives, from any claims, suits, proceedings, disputes, demands, liabilities, damages, loss, costs, demand, or actions including reasonable attorneys’ fees, made by any third-party or penalty imposed due to or arising out of the User’s breach of these Terms, Privacy Policy, and other policies, or the User’s violation of any law, rules or regulations, or the rights (including infringement of any intellectual property rights) of a third-party.

12. FEEDBACK AND SURVEYS

Any feedback you provide on the Website regarding the listed products, through any surveys undertaken by us shall be deemed to be non-confidential. The Website shall be free to use such non-confidential information on an unrestricted basis. Further, by submitting your feedback and survey data, you represent and warrant that (i) your feedback and survey data does not contain confidential or proprietary information of you or of third parties; (ii) Farm Prosperity Solutions is not under any obligation of confidentiality, express or implied, with respect to the feedback and survey data; and (iii) you are not entitled to any compensation or reimbursement of any kind from Farm Prosperity Solutions for the feedback or survey data under any circumstances, unless specified.

13. ASSIGNMENT

Farm Prosperity Solutions reserves the right, at its own discretion, to freely assign and transfer the rights and obligations under these Terms to any third-party.

14. TERMINATION

  • These Terms are effective unless and until terminated by either you or Farm Prosperity Solutions.
  • You may terminate the Terms at any time, provided that you discontinue any further use of the Website. Farm Prosperity Solutions may terminate the Terms at any time and may do so without any prior notice.

15. DISCLAIMER OF WARRANTIES

THE SERVICE AND ALL INFORMATION, CONTENT, MATERIALS ON OR OTHERWISE MADE AVAILABLE TO THE USER THROUGH THE WEBSITE IS PROVIDED BY FARM PROSPERITY SOLUTIONS ON AN “AS IS”, “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. FARM PROSPERITY SOLUTIONS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE, THE ACCURACY OR COMPLETENESS OF THE CONTENTS, AND THE ACCURACY OF THE INFORMATION. FARM PROSPERITY SOLUTIONS SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR DEVICES OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, DOCUMENT OR INFORMATION. THE USER EXPRESSLY AGREES THAT THE USE OF THE SERVICE IS AT THE USER’S SOLE RISK. FARM PROSPERITY SOLUTIONS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE OR THE CONTENTS INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, FARM PROSPERITY SOLUTIONS DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE WEBSITE AND ITS CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE AND FITNESS FOR A PARTICULAR PURPOSE OR USE.

16. LIMITATION OF LIABILITY

IN NO EVENT SHALL FARM PROSPERITY SOLUTIONS, OR ITS REPRESENTATIVES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM THE USER’S ACCESS TO AND USE OF THE WEBSITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SECURE SERVERS AND/OR ANY AND ALL PERSONAL AND/OR BUSINESS AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD-PARTY; AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FARM PROSPERITY SOLUTIONS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE ABOVE AND NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, THE MAXIMUM AGGREGATE LIABILITY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR EQUITY) OF FARM PROSPERITY SOLUTIONS VIS-À-VIS ANY EMPLOYER, REGARDLESS OF THE FORM OF CLAIM, SHALL BE LIMITED TO THE AGGREGATE OF ANY FEES/AMOUNT PAID BY THE USER TO FARM PROSPERITY SOLUTIONS. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY HEREIN.

17. SEVERABILITY AND WAIVER

These Terms, the Privacy Policy, and other referenced material herein or on the Website are the entire agreement between you and Farm Prosperity Solutions with respect to the Website as entailed herein, and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Farm Prosperity Solutions with respect to the service and govern the future relationship. If any provision of the Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

18. JURISDICTION

  • The Website is controlled and operated by Farm Prosperity Solutions from Noida and is not intended to subject Farm Prosperity Solutions to the laws or jurisdiction of any state, country, or territory other than that of India. In choosing to access the Website, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules, and regulations. We may limit the Website availability, in whole or in part, to any person, geographic area, or jurisdiction we choose, at any time and in our sole discretion.
  • These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be in Noida, India. In the event of any dispute arising out of these Terms, the same shall be settled by a binding arbitration conducted by a sole arbitrator, appointed jointly by both parties and governed by the Arbitration and Conciliation Act, 1996 and any amendments to it. The venue and seat of arbitration shall be Noida, India and the language used shall be English.

19. COMPLAINTS

  • In the event of any complaints with respect to the Website, you may write to us, as per the contact information provided in these Terms or elsewhere on the Website, within 24 (twenty-four) hours of facing such issue on the Website.
  • Farm Prosperity Solutions makes no representations or warranties that the Website will meet the User’s satisfaction and has no obligation to redress your complaint; however, Farm Prosperity Solutions will make efforts to do so at their own behest.
  • Farm Prosperity Solutions does not make any representations concerning the privacy practices or policies or terms of use of Third-Party Sites. However, Farm Prosperity Solutions encourages you to notify or inform us in the event you have any complaints against such Third-Party Sites as this would enable us to improve our User experience.

20. GRIEVANCE REDRESSAL

  • Pursuant to the Consumer Protection (Direct Selling) Rules, 2021 and the Consumer Protection (E-Commerce) Rules, 2020, the Company shall acknowledge the User complaint within 48 (forty-eight) hours of receiving such complaint and shall, on a best-effort basis, resolve the User grievance within 1 (one) month of receiving such complaint. However, due to unforeseen circumstances, such timelines may extend.
  • In accordance with the Information Technology Act, 2000 and Rules made thereunder, the name and contact details of the Grievance Officer are provided below:

Name: Sourabh Rai

Address: Uttar Pradesh: Sector 44, Noida

Contact: 79872 38688

Email ID: connect@farmprosperity.com