TERMS OF USE – Agrifarmlands.com

TERMS OF USE

This Website “Terms and Conditions“ are published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011. These Terms are an ‘electronic record’ as contemplated under section 2(t) of the Information Technology Act, 2000 and the Rules there under. These Terms being an electronic record are generated by a computer system and do not require any physical or digital signatures.

Introduction

The website www.agrifarmlands.com (“Website/ Marketplace”) is operated by independent property consultants. Use of the Website and its services is governed by these Terms of Use (“Terms”).

By using the Website, users signify they have carefully read, understood and agree to be bound by these Terms. When users transact or browse through the Website or avail any service provided by the Website, in present or future, users accept and agree to be bound by these Terms, policies, guidelines and conditions of AgriFarmLands service.

These Terms could be changed, altered, edited, amended, modified, reviewed, revised or substituted by AgriFarmLands at any time with or without prior notice and users are requested to read the Terms before using or accessing the Website.

Platform Services

The website is a platform that users utilize to communicate and transact with one another. AgriFarmLands is not and cannot be a party to or control in any manner any transaction between users of the website. The purchase or sales of agrilands/land contracts and services on the Website are governed by the terms and conditions.

The Website is only a platform that can be used by users to reach a larger base to buy and sell agrilands. AgriFarmLands is only providing a platform for communication and the contract for sale of the agrilands shall be a strictly bipartite contract between the buyer and the seller. At no time shall AgriFarmLands hold any right, title or interest over the agrilands or have any obligations or liabilities in respect of such bipartite contract entered into between the buyer and seller.

Users may upload and display the images and information of their agrilands or services offered for sale and purchase on the Website’s online platform. Such display of the user’s listings or related information on the Website in no manner can be treated or construed as an endorsement or advertisement of such listings by AgriFarmLands.com.

Provision of a specific service through the online platform of the Website will be subject to users agreeing and consenting to certain additional terms, rules, policies, procedures, guidelines, disclaimers, notices or otherwise, if any, as applicable to such service (“Additional Terms“) and if there is any conflict between the Terms of Use and the Additional Terms, the Additional Terms shall take precedence in relation to that specific service.

User Account

The user may browse the Website without registering with AgriFarmLands. The user has to set up an account with the Website before availing any online services provided through the Website. The user can create an account by entering a valid email address, mobile number and passwords. The Website will set-up an account and email the details of the account to the user at the email address provided. A user can then access the account on the Website. A user can update an account through admin.

A user can create one user account only and no user is permitted to transfer or interchange the User Account. The list of user information required to be provided by the user, the manner of usage, protection and confidentiality of user information and account information are more specifically dealt under the Website’s Privacy Policy and the users are requested to read in detail the Privacy Policy before sharing user information or creating an account.

Eligibility

The user should have completed 18 years of age and be competent to enter into a contract under Indian contract law. Any user under 18 years of age who is intending to avail the services of the Website should do so through his or her legal guardian in accordance with applicable law.

If any person is using the Website on behalf of any corporation, company, institution, association or other entity, the person should be authorized by such corporation, company, institution, association or other entity to use and access the Website.

AgriFarmLands reserves the right to refuse access to use the services offered at the Website to new users or to terminate access granted to existing users at any time without according any reasons for doing so.

User Covenants

The user agrees to use the Website and the materials provided on the Website only for purposes that are permitted by these Terms and any applicable law. The user shall not use or access the Website in a manner that prejudicially affects the interests and goodwill of the Website, AgriFarmLands or its affiliates or associates.

The user agrees and undertakes that the reviews, comments and other information provided or posted or uploaded on the Website are not false, incomplete, distorted, manipulated, fraudulent or misleading. By way of example, and not as a limitation, user agrees and undertakes that when using or accessing the Website, user will not host, display, upload, modify, transmit, update or share any information (“Objectionable Content”) that:

  • belongs to another person and to which the user does not have any right to;
  • is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically, objectionable, disparaging, relating or encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever;
  • 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,
  • impersonate 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, defense, 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 to any other nation.

The user shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or its content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.

The user may not access (or attempt to access) any of the services by any means other than through the interface that is provided through the Website, unless user have been specifically allowed to do so in a separate agreement with AgriFarmLands. The user should not do anything that disables, overburdens, or impair the proper functioning of the Website. Users should specifically agree that they will not engage in any activity that interferes with or disrupts the services or the servers and networks which are connected to the services provided through the Website.

The user undertakes not to attempt to circumvent or modify any security technology or software that is part of the Website. The user also agrees not to engage or assist any other person, to circumvent or modify any security technology or software that is part of the Website. The user should also not obscure or obstruct any features of the Website. The user undertakes not to copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Website or any part thereof without a specific written permission from AgriFarmLands to do so.

The Website hosts multiple listings for sale and services offered by sellers and hosts comments of numerous users and it is not possible for AgriFarmLands to be aware of the contents of each land listed for sale, or each comment or review that is displayed. The user acknowledges and agrees that by accessing or using the Website or availing the services, user may be exposed to content that the user may consider offensive, indecent or otherwise objectionable. AgriFarmLands disclaims all liabilities arising in relation to such Objectionable Content on the Website. Any user if exposed to such Objectionable Content as aforesaid is requested to immediately report the same to the Grievance Officer in the manner provided under these Terms and the Website will endeavor to remove such content as soon as possible after investigation.

The user agrees and acknowledges that AgriFarmLands is not the seller of the land.AgriFarmLands is only facilitates purchase of the lands by the user from the sellers by providing use and access to the Website.

The user expressly consents to receive communications from AgriFarmLands in relation to the user’s use and access of the Website and its services and agrees that such communications shall not be treated as an unsolicited communication.

The user agrees that AgriFarmLands may, at any time, modify or discontinue all or part of the Website, charge, modify or waive fees required to use the Website, or offer opportunities to some or all Website users.

Infrastructure

To use the Website users require Internet connectivity or appropriate telecommunication links and the Website’s service does not include the provision of any computer system, resource, terminal, server, equipment, mobile or any devices.

AgriFarmLands is not responsible for any damage or loss resulting from a disruption in service, including any disruption that results from a disruption in an Internet service or from the Site being hacked or compromised in any way. AgriFarmLands shall not in any case provide any compensation as a result of any disruption and has sole discretion in delivering reimbursements, including reimbursements related to any disruption of service. AgriFarmLands is not responsible for lost sales that may have occurred during any disruption in service. AgriFarmLands is not responsible for any disruption in service to any third party applications.

The user must comply with applicable third party terms, if any, such as mobile device agreement or wireless data service agreement etc. while using the Website.

Use Of Content

Any content that the user posts or material it submits, the user grants AgriFarmLands and its affiliates and associates a non-exclusive, royalty-free, irrevocable, perpetual and fully sub-licensable rights to use, reproduce, publish, distribute and display such content throughout the world in any mode medium or manner now known or developed in future; and the right to use the name that the user submits in connection with such content, if the user chooses.

The user agrees that the rights the user grants as above are irrevocable during the entire period of protection of the user’s intellectual property rights associated with such content and material. The user agrees to waive the user’s right to be identified as the author of such content and materials and the user’s right to object to derogatory treatment of such content or material. The user agrees to perform all further acts and execute deeds and documents necessary to perfect the above rights granted by the user to AgriFarmLands.

The user represents and warrants that the user owns or otherwise controls all of the rights to the content and material that the user posts or that the user otherwise provides on or through the Website; that, as at the date that the content or material is submitted to the Website: (i) the content and material is accurate; (ii) use of the content and material does not breach any applicable Indian law or the Website’s policies or guidelines or Additional Terms (iii) the content and material do not breach these Terms and Privacy Policy.

Intellectual Property Rights

All content included on the Website, such as text, graphics, logos, button icons, images, and audio clips, digital downloads, data compilations, and software, is the property of AgriFarmLands, its affiliates, associates or its content suppliers and is protected by India and international copyright, authors’ rights and database right laws. The compilation of all content on the Website is the exclusive property of AgriFarmLands, its affiliates, associates or its content suppliers and is protected by laws of India and international copyright and database right laws. All software used on this Website is the property of AgriFarmLands, its affiliates, associates or its software suppliers and is protected by laws of India and international copyright authors’ rights and database laws.

AgriFarmLands grants the user a limited license to access and make personal use of this Website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of AgriFarmLands. This license does not include any resale or commercial use of the contents of the Website; any collection and use of any listings, descriptions, or prices; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another seller.

The trademarks, logos and service marks displayed on the Website are the property of AgriFarmLands or its affiliates, associates or its content suppliers or users or respective third parties. Users are not permitted to use the trademarks, logos and service marks without the prior consent of AgriFarmLands, its affiliates, associates or its content suppliers or users or the third party that may own the Marks.

AgriFarmLands owns all intellectual property rights to and into the trademark “AgriFarmLands,” and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions, goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.

The users agree that they shall not use or apply for registration of any marks, or domain names which are similar to the marks or domain names used in connection with the Website or owned by AgriFarmLands. No user shall use, copy, reproduce, modify, alter, change, amend, transmit, broadcast, edit, revise, review, adapt, translate, distribute, perform, display, sell or otherwise deal with content or the intellectual property rights of the Website or content suppliers or third parties in any mode medium or manner now known or developed in future without authorization from AgriFarmLands and on happening of any such event AgriFarmLands reserves the right to immediately discontinue the Website services to such user without prejudice AgriFarmLands’s right to initiate legal action against such user.

Users are strictly prohibited from framing or use framing techniques to enclose any content or intellectual property on the Website to illegally and unlawfully exploit the content or intellectual property rights owned by AgriFarmLands or content suppliers or third party as the case is.

Third Party Websites

The Website may contain links to other websites and the Website are not in any way responsible for the terms of use or content of such websites and expressly disclaims all liability associated with the content and use of these websites. The linked websites are not under the control of AgriFarmLands and users are encouraged to read the terms of use and privacy policy of each and every linked website. If users decide to access any of the third-party websites linked to the Website, it is at the risk of the users to access and use such linked websites and AgriFarmLands shall not be responsible in any manner whatsoever.

Fee

Users can avail the services with different tariffs and taxes, which will be mentioned clearly in the listing and service description itself. If the listing description mentions that any of the post or service is free then users can avail or use freely; however at any point of time in future, after duly notifying the users in advance, AgriFarmLands reserves it’s right to charge the users for the use of the Website and provision of the services through the Website and all taxes as per applicable Indian law.

Disclaimer

The User expressly agrees that the use of the Website is at the user’s sole risk. The Website and the contents uploaded or provide or shared by other users are made available to the user through the Website on an “AS IS” basis and “AS AVAILABLE BASIS” without any warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability or fitness for a particular purpose or the legality of the lands listed or displayed or transacted to the extent permitted by applicable Indian law and AgriFarmLands does not accept any liability for any errors or omissions.

AgriFarmLands shall not be liable or responsible for any actions or inactions of sellers or any breach of conditions, representations or warranties by the sellers or farmer’s lands and expressly disclaims any and all responsibility and liability in that regard. AgriFarmLands shall not mediate or resolve any dispute or disagreement between the user and the sellers or farmer’s lands.

AgriFarmLands through the Website only provides a platform that users utilize to communicate and transact with one another and AgriFarmLands does not endorse any listings displayed on the Website or views expressed or information uploaded by any user. In no event AgriFarmLands shall be liable for any information, content, materials, listings or services available through the Website.

The right, title, interest and ownership in the lands that are transacted by the users through the Website does not vest with AgriFarmLands and AgriFarmLands holds no right, title or ownership over such lands. The offer and acceptance of agrilands through the Website is at the user’s sole risk and AgriFarmLands accepts no liability for any errors or omissions or defaults or deficiency of any lands either offered or acceptance by the users through the Website.

AgriFarmLands hereby disclaims any guarantees of exactness as to the map and image of the land as selected by and executed to the user. The accuracy and extent of any land information or other listings purchased or obtained by user through the Website may not meet user’s expectations.

The Website could also be linked to third party websites and AgriFarmLands assumes no responsibility for results obtained from the use of these websites.

AgriFarmLands makes no assurances that the Website is bug free and user friendly or the safety of the use of the Website. AgriFarmLands including affiliates, associates and their respective owners, directors, officers, agents, shareholders and partners shall not be liable in any manner with respect to the loss or damage incurred or suffered by the users on account of virus attacks or bugs or other software or programmers that may be present or embedded while using or accessing the Website.

AgriFarmLands does not guarantee that the services provided through the Website will function without interruption or errors. In particular the operation of the services may be interrupted due to maintenance, updates, or system failures, virus attacks, bugs or due to any other technical reasons or otherwise. Website disclaims all liability for losses or damages caused by any such interruption or errors in functioning. AgriFarmLands also disclaims all liability for any malfunctioning impossibility of access or poor use conditions of the Website due to inappropriate equipment, disturbances related to internet services, down time or otherwise.

To the maximum extent permitted by applicable law, AgriFarmLands will have no liability related to user content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. AgriFarmLands also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user content.

When the user deletes any kind of information the user must understand that the removed content may continue in backup copies. AgriFarmLands will not be liable for any loss that the user may incur as a consequence of unauthorized use of the user account or account information in connection with the Website or any service or materials, either with or without the user’s knowledge. AgriFarmLands shall not be liable for any third party listings, the advertisement available on e-mail or Website with respect to the third party website or the listings and services are for information purpose only.

Limitation Of Liability

To the maximum extent permitted by law, under no circumstances shall AgriFarmLands, its affiliates, successors or assigns be liable for any indirect, incidental, special, punitive, exemplary or consequential damages, including without limitation loss of data, loss of revenue or profits, loss or interruption of use of the site or services, or the provision of services to members, services, technology or rights, whether in an action in negligence, contract, tort, strict liability, warranty or any other legal or equitable theory, even if AgriFarmLands has been advised of the possibility of such damages.

In no event will the maximum aggregate liability of the company, its affiliates, successors or assigns for any loss or damages relating to or arising out of this agreement, whether based in negligence, contract, tort or any other form of action, exceed Rs500.

Indemnity

Users agree to indemnify, defend, and hold harmless the Company, its affiliates and its and their respective owners, investors, contractors, officers, directors, members, managers, partners, shareholders, licensors, suppliers, customers, employees, agents, third-party advertisers, technology providers and service providers from and against any loss, damage, cost, or liability (including, reasonable attorneys’ fees) resulting from or relating in any way to a third-party claim, demand, action or proceeding that arises out of this Agreement or the Site, including but not limited to in relation to: (a) your use, non-use or misuse of, or connection to the Site, the services and any content (including without limitation your content and any third party content) forming part of the Site; (b) any listings liability, harm, damage or other default in any land or service sold or exchanged through the Site; (c) any incomplete, unsuccessful, frozen or negligent transaction between you and any other seller or buyer or any other person, whether consummated on the Site or outside the Site; and (d) any violation of any law, including any violation of any intellectual property rights of any individual, group or entity anywhere in the world. You agree to be strictly liable to the Company and any third party for any fraud or misrepresentation, whether intentional or unintentional.

Termination

AgriFarmLands reserves the right to terminate the services provided to any user without prior notice in the event of any default committed by user including but not limited to the breach of any applicable law, policies, guidelines and conditions of AgriFarmLands’s service or Additional Terms or these Terms or the Privacy Policy (including any modifications or additional notifications or instructions). On such termination, the user’s information and other details shall be black listed by the Website and shall be taken into consideration whenever necessary.

AgriFarmLands will terminate the services provided to any user if it is required under any applicable law. Without prejudice, AgriFarmLands reserves its right to terminate the services if such provision of services to the users is not economically viable for AgriFarmLands. Users may choose to discontinue availing services and facilities provided through the Website by closing the user account with the Website.

On termination of the user account, the user is not eligible to purchase or sell lands or services through the Website. Once the user’s account is terminated for any reason whatsoever, the contents, reviews, comments or other material posted on the Website by the user shall be removed by AgriFarmLands.

Post termination of the services provided to the user through the Website, the user’s personal information would reside in the Website’s database for a certain period of time. It is also clarified that certain terms and conditions of the policies, guidelines and conditions of AgriFarmLands’s service or Additional Terms or these Terms and the Privacy Policy continue to be binding on the user and if any user by default or otherwise is found using or dealing with the Website post termination of the service provided through the Website, the user shall be prosecuted by AgriFarmLands. The user shall be also liable to compensate AgriFarmLands for any unauthorized use of the Website.

Miscellaneous

Severability:

Each of the provisions in these Terms are severable and distinct from the others and if at any time one or more such provisions is or becomes invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms shall not in any way be affected or impaired thereby.

Captions:

The various captions used in these Terms are for convenience purpose only and may not be used to interpret the provisions thereof. In case of captions and the related text conflicts, the text will prevail.

Partial Invalidity:

If any provision of these Terms is held to be illegal, invalid, or unenforceable under any present or future applicable Indian law,

  1. such provision will be fully severable;
  2. these Terms will be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part hereof;
  3. the remaining provisions of these Terms will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance here from; and
  4. In lieu of such illegal, invalid, or unenforceable provision, there will be added by AgriFarmLands a legal, valid, and enforceable provision to the extent possible.

Notice Procedure

If any user believes that any Objectionable Content is hosted on the Website or the user’s rights are being infringed, users shall immediately inform the Grievance Officer by following the Website’s Notice Procedure mentioned below. The Website will endeavor to remove such content as soon as possible after investigation.

No untrue or false information or allegation shall be made by the user and if any user is found misusing the notifying procedure, the Website reserves the right to terminate such user’s account and shall take appropriate legal action against the user. Upon receipt of a notice, AgriFarmLands will take appropriate steps for removing the infringing or Objectionable Content all of which are taken without any admission as to liability and without prejudice to any rights, remedies or defenses, all of which are expressly reserved. AgriFarmLands shall also endeavor to forward a copy of the user’s notice to the alleged infringer or defaulter. Furthermore, in submitting a notice, the user grants to AgriFarmLands the right to use, reproduce, publish, and display its content throughout the world in any mode medium or manner now known or developed in future. This includes forwarding the notice to the parties involved in the provision of the allegedly infringing content. The User agrees to indemnify AgriFarmLands for all claims brought by a third party against AgriFarmLands arising out of or in connection with the submission of a notice. User further undertakes that the contents of the such notice are true and correct to the best of user’s knowledge and belief and undertake to subject to any legal action, civil and criminal, if proven otherwise.

It is repeated and reiterated that AgriFarmLands’s role and responsibility is completed on taking down the infringing or Objectionable Content as alleged in the notice and AgriFarmLands shall in no manner be liable for or in relation to the infringing or Objectionable Content. AgriFarmLands shall in no manner be involved in trying, contesting, mediating, negotiating or conciliating the dispute or differences between the user who notifies the objections and the user against whom the objections are raised.

Notices:

For purposes of service messages and notices about the services to user, the Website may place a banner notice across its pages to alert the user to certain changes such as modifications to these Terms. Alternatively, notice may consist of an email from the Website to the user. The user agrees that the Website may communicate with user through the user’s account or through other means including email or mobile. Users are required to update their settings regularly to ensure that the Website’s service messages and notices are received by the users timely and accurately.

AgriFarmLands including affiliates, associates and their respective owners, directors, officers, agents, shareholders and partners shall have no liability for the non receipt of the Website’s service messages and notices.

Any user may contact AgriFarmLands at the following email address: invest@agrifarmlands.com

The user shall not assign its rights or obligations under these Terms and the Privacy Policy to a third party.

Governing Law And Jurisdiction

The terms and conditions of this agreement shall be governed by Indian law and the courts in Bangalore shall only have exclusive jurisdiction to resolve any disputes.

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