Terms of Use
Please read the following terms and conditions very carefully as your use of service is subject to your acceptance and compliance of the following
On accessing the website https://regencrops.ai and/or mobile application (hereinafter individually and collectively referred to as the “Platform”) and by availing the services being provided thereon or by purchasing the products, you expressly agree to be bound by these terms of use (“Terms”) along with Privacy Policy, both of which are displayed on the Platform.
These Terms along with the Privacy Policy together constitute a legally binding agreement between Agwise AI Technology Private Limited, a company incorporated under provisions of the Companies Act, 2013, with its registered office at Hyderabad (hereinafter referred to as “Company”, “our”, “we” or “us”) and you with respect to your use of our Platform. In the following terms, the words “You”, “User” shall refer to the end user who accesses the Website, the word “Service Providers” shall refer to the third parties providing service.
Accessing, browsing or otherwise using the Platform indicates your agreement and consent to all the terms and conditions under these terms of use. Hence, You must please read the terms of use carefully before proceeding to access the website or use or purchase the products listed thereon. Continuing to access the Platform shall mean Your deemed consent to the terms of this document and the Privacy Policy.
This document (“Terms”) is an electronic record in terms of Information Technology Act, 2000 and rules thereunder 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) of the Information Technology (Intermediaries Guidelines) Rules, 2011 and the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 and in terms of the Information Technology Act, 2002 (as amended from time to time) that require publishing the Terms of Use for access or usage of this website or the platform developed and hosted by the Company.
If you continue to access, browse and use the Platform, you are agreeing to comply with and be bound by the following Terms of use, which together with our Privacy Policy govern your relationship with the Company with regard to its use in relation to this Platform and the products / services listed thereon. If You do not wish to agree to all or any of the Terms and provisions of the Privacy Policy, then You are advised to not access the Platform or use or purchase any of the products offered thereon or the services provided thereunder. Further, you please note that the use of the Platform is offered to You only conditioned on the acceptance without modification of all the terms, conditions and notices contained in these Terms, as may be posted on the Platform from time to time.
The Platform is an internet-based content, e-commerce and service provider portal, and is completely owned and operated by the company incorporated under the laws of India.
The User and Company shall be bound by other terms, which are produced below:
I. User Eligibility
Use of the Platform and the Services available on them are available only to persons who can form legally binding contracts as per Indian Contracts Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents, persons of incompetent minds are not eligible to use the Platform.
If you are a minor i.e., under the age of 18 years, you shall not register and create your account as a User of the Platform and shall not use the same. However, if you wish to use the Platform as a minor, such use may be made through the account and guidance of your parent or legal guardian. We reserve the right to terminate your membership and / or refuse to provide you with access to the Platform if it is brought to Our notice or if it is discovered that You are under the age of 18 years.
The Company at its sole discretion reserves the right not to accept a User from registering on the Website without assigning any reason thereof.
II. Jurisdictional Issues / Sale in the following Countries Only
Unless otherwise specified, the Products displayed on the Platform and the Services being offered are presented solely for the purpose of sale / availing in India. The Company makes no representation that Products displayed on the Platform are appropriate or available for use in other locations/Countries other than the countries mentioned hereunder. Those who choose to access Platform from other locations/Countries do so on their own initiative and the Company is not responsible for supply of products/refund for the products ordered from such other locations/Countries, compliance with local laws, if and to the extent local laws are applicable.
III. Your account and Registration Obligations
In order to avail of our Services / Products and to purchase anything from our Platform, you are required to register yourself as a “User” by creating an “account” on our Platform. Your registered phone number will be your userid and you will be provided an OTP to login. You are solely responsible for ensuring protection and maintaining security of your account and the Company is in no way responsible for maintaining protection and secrecy of your Account details.
You are also solely responsible for all the activities that occur under your Username and account on the Platform. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with these Terms, we shall have the right to indefinitely suspend or terminate or block access of your membership on the Platform and refuse to provide you with access to the Platform even in the future.
You also agree to (a) immediately notify the Company of any unauthorized use of your account or any other breach of security, and (b) ensure that you exit / logout from your account at the end of each session. The Company shall not be liable for any loss or damage arising from your failure to comply with this Clause or other Terms.
IV. Sale of products and Provision of services
1. Use by end-use customers only
The Platform is intended only for sales to end-user customers for the use of its Products for personal use and not for any resale purposes. Products whose sale is facilitated through the Platform are not authorized for resale or export. By placing an order on this Platform, you agree that you are not purchasing any of our products for resale.
2. Descriptions
We do our best to provide accurate information on our product pages – including product description, technical and other details such as the rate of germination, shipping estimates, etc. However, we reserve the right to correct pricing or other errors that may inadvertently occur (which may require us to revoke an offer). Prices and availability of products on the Platform are subject to change. You acknowledge that your order is always subject to cancellation by us, in our sole discretion.
Further, you acknowledge that the description of the Products, may vary slightly as displayed on the Platform. A few alterations to certain aspects of your order such as the supplier brand, quantity etc. may be required to be changed due to limitations caused by availability of product difference in quantity charts of respective brands etc. In this regard, the Company shall send you an intimation, either via email / message / other means regarding the proposed change and in the event You fail to cancel the order within the permitted time, the Company shall deem the changed order to be confirmed.
3. Order Acceptance
We reserve the right to cancel or refuse any order for any reason at any stage of the online ordering process, including after an order has been submitted and whether or not the order has been confirmed. Some situations that may result in cancellation include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our internal payments department. We may also require additional verifications or information before accepting any order. We will attempt to contact you if all or any portion of your order is cancelled, or if additional information is required to accept your order. If we do cancel your order, for reasons mentioned in this clause, we will refund you any amounts that you have been charged.
4. Payments
Membership on the Platform is free of cost. The Company does not charge any fee for accessing or browsing the Platform. However, to purchase any Products from the Platform or to avail any Services thereon, the User is required to pay the price as displayed against that product as applicable. Details of these prices or any change therein will be reflected on the Platform and Users are required to check the same before placing on order.
V. Ownership and Intellectual Property
The Platform offered by the Company and any associated technology, software, data and documentation, including any improvements, modifications, and enhancements made to the Platform is owned by the Company and are protected by the applicable laws relating to copyright, trademark, patent.
All content made available on the Platform, including links, text, graphics, images, music, audio, video, photos, information, code, or other materials also constitute proprietary information and intellectual property of the Company or its contractors / nominees / affiliates.
All trademarks, service marks, logos, trade names and any other proprietary designations of the Company as displayed on the Platform are trademarks or registered trademarks of the Company. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
One of the Services offered by the Platform enables users to search for the required product and purchase original products such as seeds, crop protection, crop nutrition etc. from various supplier brands taking into account the details like the analytics drive, strong segmentation etc. The Products can be purchased on the Platform through various methods of payments offered. You categorically consent and acknowledge that while using any Products purchased on the Platform, that you shall not, directly or indirectly, conduct or cause or attempt to conduct any reverse engineering, scientific testing, break open, decompile, decipher, disassemble any of the Product(s) or technology used in preparing the said products for any purpose including for the purpose of attempting to duplicate the technology or the Product. You will not remove, alter or obscure any copyright, patent, trademark, service mark or other proprietary rights, notices incorporated in or accompanying the Products. In case any such aforesaid prohibited actions are performed by you, then such actions will amount to an infringement of the Company’s intellectual property rights and breach of the Terms the Company reserves the right to proceed legally against you and seek appropriate remedy for the same.
All information provided by you while registering its account on the Platform and other personal data, unless otherwise specified, belongs exclusively to the you alone. We respect and value your privacy and strive to protect the information that you share with us. All information shared by you with us is governed by these Terms and provisions of the Privacy Policy as amended from time to time.
We only retain the information collected from you in accordance with the applicable laws, for as long as necessary, to provide you with your requested service. However, we may retain data related to you if we believe it may be necessary to prevent fraud or future abuse or if required by law or for other legitimate purposes. We may continue to retain your data in anonymized form for analytical and research purposes.
VI. Feedback
Should you wish to provide feedback, comments and suggestions regarding our products or use of the Platform (“feedback”), you acknowledge and agree that all such feedback will not constitute your PII as defined in the Privacy Policy. Unless categorically denied as per the Privacy Policy or otherwise, you hereby grant the Company an irrevocable, worldwide, non-exclusive license to use such feedback for any purpose directly related to modifying and improving, and marketing the Platform and the products being sold therein.
VII. Customer’s Obligations
You hereby understand, acknowledge, and agree that you that it will NOT do any of the following:
- alter, modify, edit, amend, abridge, add to, delete from, adapt, repackage, or change any of the Products in whole or in part; and/or remove any proprietary notices of copyright or trademark ownership, any proprietary information, any watermarking, or any other proprietary notices or language referring to the Company’s ownership of the Platform / Products;
- use the products sold through the Platform as per instructions and for purposes of direct use only;
- attempt to monitor, gather, copy, or distribute any content or data included in the Platform by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind;
- make or attempt to make any commercial use or exploitation of the Products sold through the Platform;
- circumvent, disable or otherwise interfere with the security features of the Platform, or any features that prevent or restrict use or copying of any portion of the Platform;
- use the Platform to collect or hack or harvest any personally identifiable information (“PII”), including usernames and passwords of others;
- use any meta tags or other hidden text or metadata utilizing any of the Company’s trademark, logo URL or product name without the Company’s express written consent;
- use the Service or Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
- use the Platform to transmit any harmful code sequence or routines or malicious software or virus;
- post anything which is hateful, vulgar, obscene or which is defamatory in nature on the Platform;
- use the Platform to violate the security of any computer network, to crack passwords or security encryption codes, or to transfer or store illegal material;
- claim the Platform or products and services offered therein as Customer’s property, Customer’s creation, or Customer’s work of authorship, in whole or in part;
- contest or dispute the Company’s ownership of the Platform and all intellectual property rights in the Platform;
- use the Platform, in whole or in part, in any manner which is in violation of any applicable law or not authorized by this Agreement;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
The Company may investigate and prosecute violations of any of the above to the fullest extent of the law and may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that the Company has no obligation to monitor or review your access to or use of the service or content, but has the right to do so for the purpose of operating the services offered therein, 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.
VIII. Third Party Links and Information
The Platform shall contain links to third-party websites / service providers such as credit agencies or information regarding such third party service providers. Company does not control or endorse these third-party websites / service providers / credit agencies and is merely providing the Platform for the Users and such third-party service providers to and is in no way responsible for availability, appropriateness, accuracy, content, advertising, products or services of such websites. Upon entering such third-party websites, you acknowledge the sole responsibility and assume all risks arising from and out of this use. Additionally, by using the Platform, you expressly and categorically release the Company and its Platform from any and all liability arising out of or in relation to activities performed by you on such third-party websites.
IX. Representations and Warranties, Indemnification
Customer’s Representations and Warranties
You represent and warrant to the Company (i) that you have the authority to enter into this agreement; (ii) that you will cooperate with the Company and use its products / services as per all instructions, rules, and procedures communicated by the Company; (iii) that you shall abide by all of your obligations under these Terms and shall perform such obligations promptly and diligently; and (iv) that you shall comply with all laws and regulations applicable to these Terms.
Company’s Representation and Warranties
The Company warrants and represents (i) that the Company has the authority to enter into this agreement and subject to the terms of these Terms, to make the Platform available to Customer and has all necessary licenses, permissions under Indian Laws to create and host the Platform for facilitating the marketing and selling of the Products and Services on the Platform; (ii) that the Company shall provide Services in a professional manner; and (iii) that the Company shall abide by all of its obligations under this agreement and shall perform such obligations promptly and diligently.
Customer’s Indemnification Obligation
Customer shall indemnify and hold harmless the Company, its officers, directors, employees, agents, and representatives from, and, at Customer’s expense, shall defend the Company against, any loss, damage or expense (including reasonable and directly related legal costs) that the Company incurs or becomes liable for as a result of any breach by Customer of any of the terms of this Agreement; any negligent, reckless or willful act or omission by Customer including but not limited to violation of these Terms or the policies or the agreement; any failure by Customer to comply with applicable laws in performing under this agreement; any misuse by Customer of the Platform or products sold therein including without limitation, misuse or abuse or violation of any intellectual property right or proprietary right of the Company; or, any claim made against the Company by any third party for which the Company is not liable under this agreement, and which arises as a consequence of Customer’s use of the Platform or products sold herein. Customer shall reimburse the Company for its expenses under this Section as they are incurred.
X. Disclaimers / Limitation on Liability of the Company
You expressly acknowledge and admit that the Company is only the provider of the Platform which only acts as a facilitator by creating a virtual market space for the transactions being undertaken by the user for purchase of the Products being displayed on the Platform by third party suppliers / distributors or the Services being offered by third party service providers such as credit agencies. Hence, the User expressly admits that the Company / Platform can under NO CIRCUMSTANCES be made liable, in anyway whatsoever for any claims / issues / disputes / claims / defects / deficiencies that may arise or are claimed due to the purchase of the Product from such third party Purchasers or the Services being availed from third-party service providers and shall not be made a party to any such disputes / issues. The Company expressly disclaims any representations / warranties about the Products / Services being offered by third parties and further disclaims any representation that the Products / Services shall be as per the expectations of the User.
You expressly acknowledge and admit that, to the fullest extent permitted by law, in no event shall the Company or any of its directors, officers, employees, agents or content or service providers be liable to you for any direct, indirect, special, incidental, consequential, exemplary, special, remote or punitive damage, including, but not limited to damages for loss of profits, goodwill, use, data or other intangible losses arising from, or directly or indirectly related to, the use of, or the inability to use, the Platform or the Products, content, materials and functions related thereto.
In any event, the Company shall not be liable to any user / Customer for: (a) the use or inability to use the Platform and/or the Services; (b) any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the Platform; or (c) any other matter relating to the Platform including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or Service. Neither shall the Company be responsible for the delay or inability to use the Platform or related services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the Platform, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise.
Further, the Company shall not be held responsible for non-availability of the website link during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond the Company’s control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Platform is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data. Further, the Company is neither liable nor responsible for any actions or inactions of the other Users of the Platform or any breach of conditions, representations or warranties by them. The Company is not obligated to mediate or resolve any dispute or disagreement amongst two or more Users of the Platform.
It is clarified that none of the directors, officials or employees of the Company shall be personally liable for any action in connection with the Platform or the Services.
To the extent permissible under law, the Company’s maximum liability to you for any loss or damages arising in connection with your orders on the Platform shall be limited to the total price of your order in relation to which the liability is being impugned. You acknowledge that the limitation of liability and damages set forth above are fundamental and constitute a material aspect of these Terms and this Term shall survive the Termination of this Agreement.
The Company has endeavored to ensure that all the information on the Platform is correct, but the Company does not warrant or make any representation regarding the quality, accuracy or completeness of any data, or information regarding any product or Service.
XI. General Provisions
Governing Law
The terms of business laid under this agreement shall be governed by and construed in accordance with the laws of Union of India without reference to the conflict of law principles and any dispute arising out of this Agreement or these terms shall be subject to the exclusive jurisdiction of the courts of law at Hyderabad, India.
Assignment
Company may freely assign or transfer its rights and/or obligations under this agreement, in whole or in part, pursuant to a sublicense, or pursuant to an asset sale, including a sale of all of the Company’s assets, or pursuant to a change of control, merger, or acquisition.
Severability
In the event any Terms or provision of this agreement is held to be invalid or unenforceable, the remaining provisions of this agreement will remain in full force and effect.
Modifications
We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to you. It is your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Platform following the posting of changes will mean that you accept and agree to the revisions.
Termination
You may choose to terminate your agreement with us and write to us seeking to delete your account, if you had created one for using our Platform. We reserve our right to terminate this agreement at any time without notice if we suspect that you have failed to comply with any Terms contained herein or any other provisions of the agreement. Thereafter, we may deny you access to this Platform and use of our services being offered therein. Post termination of this agreement, you will remain liable for all amounts, if any unpaid and due from you upto and including the date of termination.
Contact Us
Please contact Us at info@regencrops.ai for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Platform.
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