Terms of use
Last Modified: Apr 01, 2025
Table of Contents
1. General
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.smartfarm.cropin.in and the IOS and Andrioid Application “Smartfarm”.
- The term ‘You’ ‘Your’ & ‘User’ shall mean any legal person or entity accessing or using the services provided on this Website/Application, who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872 and is entering into this Agreement with CropIn Technology Solutions Private Limited;
- The terms ‘We’, ‘Us’, ‘Our’ & ‘Cropin’ shall mean the Website/Application and/or the Company, as the context so requires.
- The term ‘Service(s) shall refer to the services that We provide through our Website/Application, including but not limited to Our software and Application.
- The term ‘Products’ shall mean those products and software offered by the Company on the Website/Application.
- The terms ‘Party’ & ‘Parties’ shall respectively be used to refer to the User and the Company individually and collectively, as the context so requires.
2. Eligibility
3. Term
- These Terms shall continue to form a valid and binding contract between the Parties, and shall continue to be in full force and effect until:
- The User continues to access and use the Website/Application; or
- The Transaction between the Parties, if any, concludes to the satisfaction of both Parties;
- Whichever is longer. The Parties agree that certain portions of these Terms (“Sections), such as Sections 14, 15, 16, & 19, shall continue to remain in full force and effect indefinitely, even after the expiry or termination of these Terms as contemplated herein.
4. Termination
5. Online platform
6. Mode of operation
7. Registration
8. Communication
9. Charges
10. Mode of payment
- Mobile Wallets
- Domestic and international credit cards issued by banks and institutions that are part of the Visa, Master card & Amex Card;
- Visa Debit cards;
- Net banking/Direct Debit payments from select banks in India
- Cheque payment.
11. Security
12. User obligation
- Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of any other person or entity;
- Engage in any activity that interferes with or disrupts access to the Website/Application or the services provided therein (or the servers and networks which are connected to the Website/Application);
- Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
- Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever under any law, rule or regulation currently in force; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
- Post any image/file/data that infringes the copyright, patent or trademark of another person or legal entity;
- Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website/Application;
- Download any file posted/uploaded by another user of the Website/Application that the User is aware, or should reasonably be aware, cannot be legally distributed in such a manner;
- Probe, scan or test the vulnerability of the Website/Application or any network connected to the Website/Application, nor breach the security or authentication measures on the Website/Application or any network connected to the Website/Application. The User may not reverse look-up, trace or seek to trace any information relating to any other user of, or visitor to, the Website/Application, or any other customer of the Website/Application, including any user account maintained on the Website/Application not operated/managed by the User, or exploit the Website/Application or information made available or offered by or through the Website/Application, in any manner;
- Disrupt or interfere with the security of, or otherwise cause harm to, the Website/Application, systems resources, accounts, passwords, servers or networks connected to or accessible through the Website/Applications or any affiliated or linked Website/Applications;
- Collect or store data about other users of the Website/Application.
- Use the Website/Application or any material or content therein for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Website/Application or any other third party(ies);
- Violate any code of conduct or guideline which may be applicable for or to any particular product or service offered on the Website/Application;
- Violate any applicable laws, rules or regulations currently in force within or outside India;
- Violate any portion of these Terms or the Policy, including but not limited to any applicable additional terms of the Website/Application contained herein or elsewhere, whether made by amendment, modification, or otherwise;
- Threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or cause incitement to the commission of any cognizable offence, or prevent the investigation of any offence, or insult any other nation.
- Threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or cause incitement to the commission of any cognizable offence, or prevent the investigation of any offence, or insult any other nation.
- Publish, post, or disseminate information that is false, inaccurate or misleading;
- Directly or indirectly offer, attempt to offer, trade, or attempt to trade, any item the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
- Commit any act that causes the Company to lose (in whole or in part) the services of its internet service provider (“ISP“) or in any manner disrupts the services of any other supplier/service provider of the Company/Website/Application;
- In order to browse through the general services offered by the Website/Application, You need not be a Registered User. However, certain parts or sections of the Website/Application demands You to register. If registration is required, You agree to provide us with accurate and complete registration information.
- It is the sole responsibility of the user to inform Company of any changes to that information.
- Each registration is for a single individual only, unless specifically designated otherwise on the registration page.
- You are responsible for maintaining the confidentiality of your account credentials.
- You shall be responsible for all uses of your account, whether or not authorized by You. You agree to immediately notify us of any unauthorized access or use of Your account or password.
- When a user registers on the Website/Application, You will be asked to provide us with certain information including, without limitation, Your name, username, contact number, date of birth, gender, and a valid email address.
- In addition to these Terms of Use, You understand and agree that We may collect and disclose certain information about You to third parties. In order to understand how We collect and use your information, please visit our Privacy Policy at [____________].
13. Suspension of user access and activity
- Notwithstanding other legal remedies that may be available to it, the Company may in its sole discretion limit the User’s access and/ or activity by immediately removing the User’s access credentials either temporarily or indefinitely, or suspend/terminate the User’s membership, and/or refuse to provide User with access to the Website/Application, without being required to provide the User with notice or cause
- If the User is in breach of any of these Terms or the Policy;
- If the User has provided wrong, inaccurate, incomplete or incorrect information;
- If the User’s actions may cause any harm, damage or loss to the other users or to the Website/Application/Company, at the sole discretion of the Company.
14. Indemnity and limitations
15. Intellectual property rights
16. Disclaimer of warranties and liabilities
- Except as otherwise expressly stated on the Website/Application, all Products/Services offered on the Website/Application are offered on an “as is” basis without any warranty whatsoever, either express or implied.
- The Website/Application uses third parties data source to provide value add services such as weather forecast, Mandi price, Satellite data or any other associated public data for which the Company doesn’t guarantee the accuracy and authenticity of such data
- All commercial/contractual terms are offered by and agreed to between the Company and the Users alone. The commercial/contractual terms include without limitation, price, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to Products and Services.
- The basic prices of the Products/Services offered on the website shall be exclusive of certain chargeable services including but not limited to training cost, consulting cost, advance analytics cost etc., for which the User may have to pay additionally.
- In no event will the Company/Website/Application be liable for any money lying to Your credit in wallet, any special, incidental, indirect or consequential damages or losses of any kind, arising from the use of Wallet or association with the Wallet.
- The Website/Application publishes its own Agronomy practices or Agronomical advice, which can be used by Users and farmers, The Company shall not be responsible/liable for any negative impact on their farms. The User hereby expressly accepts any and all associated risks associated with taking such advice.
- The Company/Website/Application does not make any representation or Warranty as to specifics (such as quality, value, salability, etc.) of the Products or Services proposed to be sold or offered to be sold or purchased on the Website/Application. The Company/Website/Application does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website/Application.
- The User agrees and undertakes that he/she is accessing the Website/Application and transacting at his/her sole risk and are that he/she is using his/her best and prudent judgment before purchasing any product/service listed on the Website/Application, or accessing/using any information displayed thereon
- The User’s access is controlled by the company/Individuals. The admin can design role and associates capabilities of roles and assign such roles to Users. The data collected by the Company is private to them by default. The Users may choose all/certain part of their data public to avail other service provided on www.smartfarm.cropin.in.
- The Website/Application and the Company accepts no liability for any errors or omissions, whether on behalf of itself or third parties, or for any damage caused to the User, the User’s belongings, or any third party, resulting from the use or misuse of any product purchased or service availed of by the User from the Website/Application.
- The Company/Website/Application does not guarantee that the Products and Services contained in the Website/Application will be uninterrupted or error-free, or that the Website/Application or its server will be free of viruses or other harmful components, and the User hereby expressly accepts any and all associated risks involved with the User’s use of the Website/Application.
- It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
17. Submissions
18. Force Majeure
19. Dispute resolution and jurisdiction
Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of both Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to the other Party, the dispute will be resolved by arbitration, as detailed hereinbelow;
Arbitration: In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on both Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Bangalore in the state of Karnataka, India.
20. Notices
21. Miscellaneous provisions
Entire Agreement: These Terms, read with the Policy form the complete and final contract between the User and the Company with respect to the subject matter hereof and supersedes all other communications, representations and agreements (whether oral, written or otherwise) relating thereto;
Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party’s right at a later time to enforce the same. No waiver by either Party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.
Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.
Name: Sujit J
Email Id: marketing@cropin.com