PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, BEFORE USING THIS WEBSITE/ APP
Srimitra Solar Park LLP, a firm incorporated under the (Indian) Companies Act, 2013, with its registered office at No.17, 1st Floor, 1sr Cross, Devinagar Main Road, 12 Nagashetti Hally, Bangalore – 560094. (“We” or “Us” or “Our” as applicable) owns and operates the website, www.gemfresh.in (hereafter referred to as the “Site”) and the app Gemfresh (hereafter referred to as the “App”).
Please read these Terms carefully before you start to use Our Site/ App, as these will apply to your use of Our Site/ App. By using Our Site/ App and/or making any purchases on Our Site/ App, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use or make any purchases on Our Site/ App.
OTHER APPLICABLE TERMS
CHANGES TO THESE TERMS
We may revise these Terms at any time, by amending this page without providing any intimation to you. Please check these Terms from time to time, to take notice of any changes that We make, as they will be binding on you.
CHANGES TO OUR SITE/ APP
We may update Our Site/ App from time to time, and may change the content, display, form, at any time without prior notice. However, We do not guarantee that Our Site/ App, or any content on it, will be free from errors or omissions.
ACCESSING OUR SITE/ APP
Our Site/ App is made available free of charge. We do not guarantee that Our Site/ App, or any content on it, will always be available or be uninterrupted. Access to Our Site/ App may be suspended, withdrawn, discontinued or changed without notice. We will not be liable to you if, for any reason, Our Site/ App is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to Our Site/ App. You are also responsible for ensuring that all persons who access Our Site/ App through your internet connection, are aware of these Terms and other applicable terms and conditions, and that they comply with it.
You can only access and use this Site/ App and make any purchases on it if you are of a legally binding contract age, as per the Indian Contract Act, 1872, which is currently 18 years. In all other cases you can be on the Site/ App only with the involvement of a parent or guardian.
YOUR ACCOUNT AND PASSWORD
You are required to register on Our Site/ App, in order to use or make purchases on it. You will be required to provide a unique username and password in order to register and access Our Site/ App. Alternatively, you have the option of registering on Our Site/ App using your Facebook login details. You are solely responsible, for maintaining the confidentiality of your account and password details, and for restricting access to your computer to prevent unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure, and should inform Us immediately if you have any reason to believe that your password has been disclosed or accessed by an unauthorized third party, or if the password is being, or is likely to be used in an unauthorized manner. Please ensure that the details you provide Us with, are correct and complete, and inform Us immediately of any changes to the information that you provided when you registered. You can access and update the information you provided Us with in the Account section of the App. We reserve the right to refuse access to the Site/ App, terminate accounts, remove or edit content at any time, with or without notice to you.
INTELLECTUAL PROPERTY RIGHTS
All content included on this Site/ App, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is Our property, or the property of Our affiliates or content suppliers, and is protected by Indian and international intellectual property law, including copyright, authors’ rights and database rights laws. The compilation of all content on this Site/ App is Our exclusive property, and is protected by laws of India and international copyright and database right laws. All software used on this Site/ App is also Our exclusive property, or the property of Our affiliates or software suppliers, and is protected by Indian and international copyright and authors’ rights laws.
You are hereby granted a limited license to access and make personal use of this Site/ App, but not to download or modify it, or any portion of it, without Our express written consent. In particular, you may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this Site/ App, without Our express written consent. You may also not create and/or publish your own database that features substantial parts of Our Site/ App, without Our written consent. This is not applicable with regard to the Content uploaded by you on Our Site/ App.
LICENSE TO USE THIS SITE/ APP
We grant you a limited license to access and make personal use of this Site/ App, but not to download (other than page caching) or modify it, or any portion of it, except with Our written consent. This license does not include any resale or commercial use of this Site/ App or its contents; any collection and use of any product listings, descriptions or prices; any derivative use of this Site/ App or its contents; any downloading or copying of account information for the benefit of another merchant, or any use of data mining, robots or similar data gathering and extraction tools.
This Site/ App or any portion thereof (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without Our express written consent and/or Our affiliates’ written consent, as may be applicable.
You will not frame or use framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) that belongs to Us or Our affiliates, without express written consent. You will not use any metatags or any other ‘hidden text’ utilizing Our or Our affiliates’ names or trademarks or logos, without express consent thereof. Any unauthorized use terminates the permission or license granted by Us or Our affiliates, as applicable, to you.
You may not use Our logo or other proprietary graphic or trademark as part of the link, without express written consent of Our affiliates or Us, as may be applicable.
YOUR CONTENT AND INFORMATION
You own all the content and information that you post on Our Site/ App. In addition, please see the below:
- For content that is covered by intellectual property rights, such as photos and videos (IP content), you specifically grant Us a non-exclusive, transferable, sub-licensable, royalty free, worldwide and perpetual license to use any IP content that you post on or in connection with the Site/ App (IP License).
- When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others, except as required under lawful orders of a court or other such legal authority).
You hereby acknowledge, understand and agree that your use of this Site/ App will be in accordance with applicable law, including but not limited to the fact that you shall not host, display, upload, modify, publish, transmit, update or share any information that –
- belongs to another person and to which you do not have any right to;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- harms minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonates another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- 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.
You agree, understand and acknowledge that the Site/ App is an online platform that enables you to request to subcribe 300sft of Agricultural land for maintenance and to cultivate in collective farming to grow vegetables and supply them for your personal consumption (“Services”).
You further agree and acknowledge that the land utilized for providing the Services is owned by the respective Cultivators and that it does not create, vest or entitle you to any leasehold, tenancy or similar license rights. The Services may be gifted/transferred by you to another person (“Transferee”), provided the details of such Transferee are provided to Us at the time of availing the Service and we have specifically acknowledged the same. Any Transferee shall automatically be bound by these Terms.
With regard to the Services, you agree, understand and acknowledge that all Services are exclusively provided to you by the Cultivators, and only such Cultivators shall be responsible to you for any claims, liabilities and costs suffered by you or any third party, caused by or which arise out of the Services. We shall not be responsible for the quality of any of the Services provided to you by a Cultivator.
We may provide referral income to the subscribers for promotion purpose and may be withdrawn anytime without any notice and no subscribers cannot claim as a matter of right.
By registering for this service, you are opting in to receive communication from us on the email and phone numbers listed on your account, which are deemed to be important for the health of your account. It is important for the functioning of the app to be able to inform of you specific happenings in your particular little-farm or farms. You can opt out of these by writing to email@example.com, but it will severely hamper the functioning of your app.
You acknowledge and undertake that you are accessing the Services on the Site/ App and transacting with third party Cultivators at your own risk, and are using your best and prudent judgment before entering into any transactions through the Site/ App.
You understand and agree that We are not responsible for Services offered by Cultivators, and that the Site/ App only provides a platform by which you avail Services from the Cultivators. We shall not be liable nor responsible for any actions or inactions of the Cultivators, and hereby expressly disclaim any and all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between you and the Cultivators.
INDEMNITY AND RELEASE
You shall indemnify and hold Us and/Our affiliates, and their respective offices, directors, agents and employees, harmless, from any claim or demand or actions including reasonable attorneys’ fees made by any third party or penalty imposed due to, or arising out of:
- your breach of these Terms or any document incorporated by reference, or your violation of any law, rules, regulations or third party rights;
- your use of any of the Services provided by Cultivators.
You hereby expressly release Us and/or Our affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequences of any of the actions/inactions of the Cultivators, and specifically waive any claims or demands that you may have, in this behalf, under any statute, contract or otherwise.
We will not be responsible for any indirect or consequential loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expense), that is not reasonably foreseeable to both you and Us when you commenced using the Site/ App.
If you breach these Terms and We take no action, We will still be entitled to use Our rights and remedies in any other situation where you breach these Terms.
If you violate the letter and/or spirit of these Terms, or otherwise create risk or possible legal exposure for Us, We can stop providing all or part of the Site/ App to you. We may also delete or disable your account at any time.
GOVERNING LAW AND JURISDICITON
These Terms are governed by and construed in accordance with the laws of India. You agree, as We do, to submit to the exclusive jurisdiction of courts in India.
The name and contact details of Our Grievance Officer are as follows:
Ms. Usha Sindhe
The Grievance Officer can be contacted to report abuse, or to complain against any Content hosted, transmitted, published, updated or shared on Our Site/ App, in the event there are some concerns regarding such Content.