These terms and Conditions (this "Agreement") set forth the standards of use of www.kisanserv.com and all of its associated pages, websites and mobile application. The link www.kisanserv.com and all such associated pages, websites and mobile applications are collectively referred to herein as the "Website”

The words "You", "User" or “Your” as used herein refer to all individuals accessing or using the Website for any reason. By using the Website, You represent that you have read and agree to be bound by the terms of this Agreement, as well as any other guidelines, privacy policy, rules and additional terms referenced herein, collectively referred to as "Terms and Conditions of Use". These Terms and Conditions of Use set out the legally binding terms with respect to your access and use of the Website and our provision of the Services (as defined below).

Please read these Terms and Conditions of Use carefully. Your access to Website and/or use of the Service constitutes your acceptance of all the provisions of these Terms of Use. If you are unwilling to be bound by these Terms and Conditions of Use, do not access Website and/or use the Service.

1. DEFINITIONS

   “Account" means the account successfully opened by the User either as a guest user or registered user on the Company’s Website by inserting information such as name, email-id, DOB, address, PAN No, sex, contact details, user name, password as required to be filled in the webpage during the registration process or profile creation and includes any further changes and additions to the information from time to time.

   1. “Company" means DSS Agrisolutions Private Limited incorporated under the Companies Act, 2013.

   2. “Bidding” means the process wherein the Buyer in need of services and Seller in need ot providing services come together in the bidding process at kissanserv.com with the monetary consideration and services facility given and to be availed acceptable to both buyer and seller.

   3. “Produce or Products “ means anything which is sold on www.kisanserv.com from time to time.

   4. “Services” means the services as mentioned in clause Services

   5. “User” means any person who accesses the Website either as the guest user or registered user.

2. INTERPRETATIONS

   In this Agreement, unless the context otherwise requires references to recitals, clauses and sub-clauses are to recitals, clauses and sub-clauses of this Agreement; headings are inserted for ease of reference only and are not to be used to define, interpret or limit any of the provisions of this Agreement; references to the singular number shall include references to the plural number and vice versa; words denoting one gender include all genders; any reference in this Agreement to a statutory provision includes that provision and any regulation made in pursuance thereof, as from time to time modified or re-enacted, whether before or after the date of this Agreement; and any reference to a time limit in this Agreement means the time limit set out in the relevant clause or sub-clause or such other time limit which may be mutually agreed by the parties in writing.

3. ELIGIBILITY

   You, if an individual, must be 18 or above, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, be a member or use the Website and Services. Membership or use of this Website is void where prohibited by applicable law, and the right to access the Website will be deemed to be revoked in such jurisdictions ab initio. By using the Website and/or the Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms and Conditions of Use and to abide by all of the terms and conditions set forth herein. You also represent and warrant to the Company that you will use Website in a manner consistent with any and all applicable laws and regulations.

4. SERVICES

   1. The use of this Website entitles the User, whether a User or a Customer, to avail certain services as provided in the following clauses ("Services") and interpretation of the term "Services" shall be done accordingly depending upon the context.

   2. The services provided by Company on the website and off the website are provided for the convenience of User. THESE SERVICES ARE NOT SALE SERVICES AND COMPANY IS NOWHERE INVOLVED IN BUYING AND SELLING OF THE PRODUCT. Company attempts to be as accurate as possible. The information available on the Web Site is presented in a concise format and is provided for informational purposes only.

   3. The Users are entitled to the following Services:

      • One can avail the service of Kisanserv by registering with www.kisanserv.com. and paying a registration fee. A renewable membership fees will be levied for the same. The eligibility criteria for the membership laid down is ascertained by the Company which will be its sole discretion and updated periodically.

   4. Company under no circumstances are responsible for the “Quality, Quantity & Payment“of the supplied produce.

   5. The Company is just providing the platform wherein the Buyer and Seller can come together, hence all terms and condition for the product or produce buying and selling is between Buyer and Seller and not the Company.

   6. Company is entitled to the Commission as determined from time to time pursuant to the submission of indent by the Buyer for "Bidding" or direct (in-case of Buyer) and participating in the "Bidding" or direct by Seller (in-case of Seller).

   7. You are advised to go through the list of instructions/guidelines, if any, that is provided by the Company on its Website detailing the dos and don’ts before availing the services listed on the Website.

      Company will not be liable for the correctness of this information provided on its website.

   8. The Company may put further terms and conditions with every Produce and in case of any conflict with the Terms of Use or Privacy Policy, the term and conditions put specifically with the Produce shall prevail.

   9. The Company reserves the right to change the nature of Produce as mentioned in clause 4 at its sole discretion. Such change may be notified to the User/Customer by publishing the same on the Website.

5. RESTRICTIONS ON USE

   1. You shall not use the Website in order to transmit, distribute, store or destroy material, including without limitation content provided by the Company:

      • for any unlawful purpose or in violation of any applicable law, regulation, international law or laws of any other country; or

      • in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or

      • that is defamatory, libelous, obscene, threatening, abusive or is offensive to users of the Website, such as content or messages that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; or

      • that is false or misleading; or

      • that harasses or advocates harassment of another person.

   2. You are also prohibited from violating or attempting to violate the security of the Website, including, without limitation the following activities: (a) accessing data not intended for You or logging into a server or account which You are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to Website, overloading, "flooding", "spamming", "mail bombing", "hacking" or "crashing"; or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability.

   3. Specific Restrictions on Rights to Use: In addition to the above, You shall not:

      • modify, adapt, translate, or reverse engineer any portion of the Website and/or Services;

      • remove any copyright, trademark or other proprietary rights notices contained in or on the Website and/or Service;

      • use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Website and/or Service or for crawling the Website and scraping content or to circumvent the technological methods adopted by the Website to prevent such prohibited use;

      • reformat or frame any portion of the web pages that are part of the Website and/or Service;

      • create user accounts by automated means or under false or fraudulent pretenses;

      • create or transmit unwanted electronic communications such as "spam" to other users/Users of the Website and/or Service or otherwise interfere with other User's or Customer's enjoyment of the Website and/or Service;

      • submit any content or material that falsely express or imply that such content or material is sponsored or endorsed by the Company or the Website;

      • transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;

      • make use of the Website or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene;

      • copy or store any content offered on the Website for other than Your own use;

      • take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on the Company's IT infrastructure;

6. REMEDIES WITH THE COMPANY

   1. You understand and agree that the Company or the Website may review any content and in case the Company finds, in its sole discretion, that the User violates any terms of this Agreement especially clause 4, the Company and/or the Website reserves the right to take actions to prevent/control such violation including without limitation, removing the offending communication or content from the Website and/or terminating the membership of such violators and/or blocking their use of the Website and/or Service;

   2. The Company shall also be entitled to investigate occurrences which may involve such violations and may and take appropriate legal action, involve and cooperate with law enforcement authorities in prosecuting Users/Users who are involved in such violations.

7. REGISTRATION PROCESS

   1. (a) The User to be entitled to avail the Services shall have to complete the registration process ("Registration Process") as provided below:

      • The Registration Process involves creation of a login id and password by the User. These are your credentials for accessing the Services that are only available to members ("Credentials"). User should keep your Credentials private and not share your Credentials with anyone else. User are responsible for notifying us if your password has been hacked or stolen. Company is not responsible for any damages arising due to stolen/hacked passwords.

      • Registration is not mandatory for the Users and although User need to furnish certain basic information about themselves such as name, age, sex, email address, billing address, collection address, zip/postal code and phone number and accordingly create an Account. You can always choose not to provide information and in such cases, if the information required is classified as mandatory, You will not be able to avail full or part of the Services, features or content.

      • All shoppers have to register and login for placing orders on the Site. You have to keep your account and registration details current and correct for communications related to your purchases from the site. By agreeing to the terms and conditions, the shopper agrees to receive promotional communication and newsletters upon registration via SMS, Email or any other media. The customer can opt out either by writing to customer.care@kisanserv.com or by contacting the customer care.

   2. Users become Users and become entitled to avail the Services as mentioned in the Clause 4, subject to payment of the Fee.

   3. The Website may provide the facility of 'masking' which allows You to hide or keep confidential or not to fill any information except the information which are considered mandatory by the Company and which will indicated by asterisks. The Company further reserved the right to seek further information, even though masked by You, if in its sole view such information is necessary.

   4. The Users understand and agree that the Company may screen and verify the information provided by the Customer/User and at its sole discretion, increase the amount or number of information for the Registration Process and may ask for further information even after Registration Process. The Company may in its sole discretion, close the Account, if any information provided is found to be false or the information provided is not sufficient.

8. PRICING

   The prices mentioned at the time of ordering will be the prices charged on the date of the order. The prices of the products could fluctuate on a daily basis. In case the prices are higher or lower on the date of delivery no additional charge will be collected or refunded as the case may be at the time of the delivery of the order. Wherever in the site, the lowest price guarantee is mentioned then it will limited to the particular city where the user is registered. The difference Amount will be refunded back to the user's wallet provided the invoice is produced having the item/s with the lowest amount, for the same date, within 24hrs of buying from Kisanserv platform. Also. all offer are subject to "till stock lasts". Kisanserv will not be obliged to honour the offer if the item/s run out-of-stock or the user has availed the offer through means and action which break the restriction/s on the quantity imposed by the website/App.

9. PAYMENT

   1. The Company shall endeavor to provide the Customer with facilities/gateways to pay the Fee through credit cards (American Express, visa and mastercard), debit cards, cash cards, UPI, Digital Payment platforms and internet banking;

   2. It is understood and agreed by the User/Customer that the Services shall only commence after realization of money in the accounts of the Company in-case online payment is being opted for by them.

   3. It is understood and agreed by the User/Customer that payment mechanisms may be governed by separate/additional terms of use prescribed by the Company.

   4. The Company reserves the right to refuse or cancel any order placed for a product/produce that is listed at an incorrect price. This shall be regardless of whether the order has been confirmed and/or payment been levied. In the event the payment has been processed by the Company, the same shall be credited to your credit card account within 7-21 working days and the amount will be refunded back to the wallet. Once the order has been placed and in case You wish to cancel/modify the same, You may do so subject to cancellation/modification charges as prescribed and the order is not out for delivery.

   5. It is understood and agreed by the User/Customer that payment mechanisms may be governed by separate agreements between the third parties who provide facilities for such payment mechanism and the Company.

   6. It is understood and agreed by the User/Customer that in no event whatsoever, the Company shall take any responsibility or liability for malfunctioning or defect in any payment procedure. Payment of the Price shall be the sole responsibility of the User/Customer.

   7. The Company reserves the right to charge listing fees for certain listings, as well as transaction fees based on certain completed transactions using the Services through the Website or any other fee. The Company further reserves the right to alter any and all fees from time to time, without notice.

   8. The User/Customer may be liable to pay all applicable charges, fees, duties, taxes, levies and assessments for availing the Services through the Website. Further, the Company reserves the right to change the Fees upon its sole discretion without any prior notice to the Users/Users.

10. Cancellation by Site / Customer

    You as a customer can cancel your order anytime up to the cut-off time set by Company, for which you have placed an order by calling our customer service. In such a case we will refund any payments already made by you for the order back to user's wallet. If we suspect any fraudulent transaction by any customer or any transaction which defies the terms & conditions of using the website, we at our sole discretion could cancel such orders. We will maintain a negative list of all fraudulent transactions and customers and would deny access to them or cancel any orders placed by them.

11. Return & Refunds

    1. You, as a customer, can cancel your order anytime up to the cut-off time set by Company, for which you have placed an order by calling our customer service. In such a case we will refund any payments already made by you for the order. If we suspect any fraudulent transaction by any customer or any transaction which defies the terms & conditions of using the website, we at our sole discretion could cancel such orders. We will maintain a negative list of all fraudulent transactions and customers and would deny access to them or cancel any orders placed by them.

    2. We have a "no questions asked return and refund policy" which entitles all our members to return the product at the time of delivery, if due to some reason, they are not satisfied with the quality or freshness of the product. We will take the returned product back with us and issue a credit note for the value of the returned products, which will be credited to your Kisanserv Wallet. The processing of the refund could take anywhere between 7days to 21days, from the date of cancellation of the item/order and Kisanserv receiving the item/s to be returned and refunded. In-case of items not available on the day of delivery, the equivalent amount will get refunded back to the customer (as mentioned above) and the same will reflect in the revised invoice.

12. You Agree and Confirm

    1. That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by DSS Agrisolutions Pvt Ltd and its subsidiary companies, for redelivery shall be claimed from you.

    2. That you will use the services provided by the Site, its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using and transacting on the Site.

    3. You will provide authentic and true information in all instances where such information is requested of you. DSS Agrisolutions Pvt Ltd and its subsidiary companies reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), it has the right in its sole discretion to reject the registration and debar you from using the Services and / or other affiliated websites without prior intimation whatsoever.

    4. You authorise DSS Agrisolutions Pvt Ltd and its subsidiary companies to contact you for any transactional purposes related to your order/account.

    5. That you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site.

    6. That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.

    7. That before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item's description.

13. Colours

    We have made every effort to display the colours of our products that appear on the Website as accurately as possible. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate

14. MODIFICATION OF TERMS OF USE

    You understand and agree that these Terms and Conditions of Use, the Website and the Services can be modified by the Company at its sole discretion, at any time without prior notice, and such modifications will be effective upon such new terms and/or upon implementation of the new changes on the Website. You agree to review the Terms of Use periodically so that you are aware of any such modifications and the Company shall not be liable for any loss suffered by You on your failure to review such modified Terms of Use. Unless expressly stated otherwise, any new features, new services, enhancements or modifications to the Website or Service implemented after your initial access of Website or use of the Service shall be subject to these Terms of Use.

15. MAINTENANCE

    The Company may at its sole discretion and without assigning any reason whatsoever at any time deactivate or/and suspend the User’s/Customer’s access to the Website and/or the Services (as the case may be) without giving any prior notice, to carry out system maintenance or/and upgrading or/and testing or/and repairs or/and other related work. Without prejudice to any other provisions of this Agreement, the Company shall not be liable to indemnify the User for any loss or/and damage or/and costs or/and expense that the User may suffer or incur, and no fees or/and charges payable by the User to the Company shall be deducted or refunded or rebated, as a result of such deactivation or/and suspension

16. SECURITY

    Company strives to ensure the security, integrity and privacy of Your Personal Information and to protect Your Personal Information against unauthorized access or unauthorized alteration, disclosure or destruction. For this purpose, Company adopts internal reviews of the data collection, storage and processing practices and security measures, including appropriate encryption and physical security measures to guard against unauthorized access to systems where Company stores Your personal data.

    Company is not responsible for any breach of security or for any actions of any third parties that receive Your Personal Information. The Website also linked to many other sites and we are not/shall be not responsible for their privacy policies or practices as it isbeyond our control. Notwithstanding anything contained in this Policy or elsewhere, Company shall not be held responsible for any loss, damage or misuse of Your Personal Information, if such loss, damage or misuse is attributable to a Force Majeure Event.

17. TERM AND TERMINATION

    1. These Terms of Use, with modifications as contemplated, shall remain in full force and effect during the user of the Website for all Users.

    2. The Company may terminate this Agreement with immediate effect, without prior notice and without assigning any reason/s whatsoever and without any prejudice to any/all other rights in the following events:

       • where the Account remains unused for a period of six months or more; or

       • if, in the opinion of the Company, the User has breached any of the terms and conditions of this Agreement or/and the Terms of Use; or

       • if, in the opinion of the Company or/and any regulatory authority, it is not in the public interest to continue providing the use or Service to the User for any reason.

18. LIABILITIES UPON TERMINATION

    If the Terms of Use is terminated pursuant to clauses set out in clause 14, without prejudice to any other remedies available to the Company, You shall not be refunded whether a part or whole of the Fee.

19. OWNERSHIP

    Any material, content or logos, marks, software on or part of the Website and all aspects thereof, including all copyrights and other intellectual property or proprietary rights therein, is owned by the Company or its licensors. You acknowledge that the Website and any underlying technology or software on the Website or used in connection with rendering the Services are proprietary information owned or duly licensed to the Company, except where it is indicated otherwise. You are prohibited to modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the content, software, marks, logos, and/or materials available on the Website in whole or in part except as expressly allowed under the Terms of Use. You have no other express or implied rights to use, in any manner whatsoever, the content, software, marks, logos, and/or materials available on the Website.

20. COPYRIGHT DISPUTE POLICY

    The Company has adopted the following general policy towards copyright infringement:

    • If the Company believes in good faith any material on its Website has been illegally copied or is posted, uploaded or made accessible through the Website or Services and distributed by any advertisers, its affiliates, content providers, members or Users; it shall send an Infringement Notice and remove and discontinue Services to offenders;

    • If despite the Infringement Notice, the offender does not take the requisite steps, the Company shall have the right to proceed against the offender by filing a suit in the appropriate court of law on ground of such infringement

21. DISCLAIMER

    1. THE WEBSITE IS PROVIDED BY THE COMPANY ON AN "AS IS" BASIS THE COMPANY AND ITS LICENSORS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO THE OPERATION OF THE WEBSITE, PROVISION OF SERVICES OR SOFTWARE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE OR IN ASSOCIATION WITH THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY AND ITS LICENSORS AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY AND ITS LICENSORS AND AFFILIATES FURTHER DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE WEBSITE. THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT, OF ANY USER OF THE WEBSITE. THE COMPANY DOES NOT WARRANT OR COVENANT THAT THE SERVICES WILL BE AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, WILL BE SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES AND ACCESS TO THE WEBSITE IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS. ANY MATERIAL OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES OR THE WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM THE COMPANY, THE WEBSITE OR THROUGH OR FROM THE SERVICES, THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS ON THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN;

    2. SINCE THE COMPANY ACTS ONLY AS A SERVICE PORTAL FOR THE USERS/CUSTOMERS, IT SHALL NOT HAVE ANY LIABILITY WHATSOEVER FOR ANY ASPECT OF THE SERVICE AVAILED BY THE CUSTOMER/USER.

    3. ALL PRODUCTS PURCHASED FROM KISANSERV ARE SOURCED FROM NATURAL / ORGANIC FARMING PRACTICES. HOWEVER, WE WOULD LIKE TO INFORM YOU THAT THE SERVICE AND CONTENT PROVIDED BY KISANSERV, INCLUDING PRODUCT INFORMATION AND COMPOSITION, ARE PRESENTED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. WHILE WE MAKE EVERY EFFORT TO ENSURE THE ACCURACY AND QUALITY OF OUR CONTENT, WE DO NOT HAVE DIRECT CONTROL OVER ITS CREATION AND CANNOT GUARANTEE ITS COMPLETENESS OR RELIABILITY. KISANSERV DOES NOT CLAIM RESPONSIBILITY FOR THE CONTENT AND COMPOSITION OF THE PRODUCTS SOLD THROUGH OUR SERVICE. IT IS IMPORTANT TO NOTE THAT INDIVIDUAL PRODUCT CHARACTERISTICS MAY VARY, AND WE RECOMMEND READING PRODUCT LABELS, DESCRIPTIONS, AND INSTRUCTIONS CAREFULLY BEFORE PURCHASE OR CONSUMPTION. IN NO EVENT SHALL KISANSERV BE LIABLE FOR ANY DAMAGES, DIRECT OR INDIRECT, ARISING FROM THE PURCHASE, USE, OR CONSUMPTION OF PRODUCTS OBTAINED THROUGH OUR SERVICE (PORTAL/OUTLET/APPS). THIS INCLUDES, BUT IS NOT LIMITED TO, ANY LOSS, INJURY, OR INCONVENIENCE CAUSED BY PRODUCT DEFECTS, MISLABELLING, OR ALLERGIC REACTIONS. CUSTOMERS ARE ENCOURAGED TO SEEK PROFESSIONAL ADVICE OR CONSULT WITH A HEALTHCARE PROVIDER BEFORE USING OR CONSUMING ANY PRODUCTS, ESPECIALLY IF THEY HAVE SPECIFIC DIETARY REQUIREMENTS, ALLERGIES, OR MEDICAL CONDITIONS. PLEASE BE AWARE THAT THE INFORMATION PROVIDED ON THE KISANSERV PLATFORM, SUCH AS NUTRITIONAL CONTENT, IS FOR GENERAL INFORMATIONAL PURPOSES ONLY AND SHOULD NOT SUBSTITUTE PROFESSIONAL ADVICE OR PERSONALIZED RECOMMENDATIONS. BY USING KISANSERV'S SERVICE AND PURCHASING PRODUCTS, YOU ACKNOWLEDGE AND ACCEPT THE INHERENT RISKS ASSOCIATED WITH NATURAL AND ORGANIC PRODUCTS, AS WELL AS THE LIMITATIONS AND DISCLAIMERS OUTLINED IN THIS STATEMENT ;

    4. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICES; (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF THE USER'S TRANSMISSIONS OR DATA; (C) ANY OTHER MATTER RELATING TO THE SERVICES; INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY LOSS WHATSOEVER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE;

    5. NEITHER SHALL THE COMPANY BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, 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 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/CUSTOMER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE 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.

    6. THESE LIMITATIONS, DISCLAIMER OF WARRANTIES AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.

22. LIMITATION ON LIABILITY

    The Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond the Company's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). WITHOUT LIMITING THE FOREGOING, THE COMPANY AND ITS AFFILIATES AND SUPPLIERS WILL NOT BE LIABLE UNDER ANY LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, SERVICE INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA.

23. INDEMNITY

    You agree to indemnify and hold the Company, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) your access to the Website, (ii) your use of the Services, (iii) the violation of these Terms of Use by You, or (iv) the infringement by You, or any third party using Your account or User ID or password, of any intellectual property or other right of any person or entity.

24. PRIVACY

    Use of the Website and/or the Services is also governed by our Privacy Policy.

25. CONFIDENTIALITY

    1. For the purpose of this Agreement and attachments thereto and all renewals, “Confidential Information” means all information (including any information relating to the Account, username or password etc.), methods developed for analysis, examination and verification and other such details (the “Disclosing Party”) or, which may be supplied to or may otherwise come into the possession of the other (the “Receiving Party”), whether orally or in writing or in any other form, and which is confidential or proprietary in nature or otherwise expressed by the Disclosing Party to be confidential and is not generally available to the public;

    2. The Receiving Party shall keep confidential and secret and not disclose to any third party the Confidential Information or any part of it. The Receiving Party agrees to take all possible precautions with regard to protecting Confidential Information from any third party;

    3. Further no use, reproduction, transformation or storage of the Confidential Information shall be made by the User without the prior written permission of the Company, except where required to be disclosed pursuant to any applicable law or legal process issued by any court or the rules of any competent regulatory body.

    4. All information and data submitted by the User shall become the property of the Company and all such information shall be disclosed in accordance with the Terms Conditions of Use. Notwithstanding anything contained in the Terms of Use, the User/Customer gives his unconditional consent to the Company that it may sell or license or permit third parties to use such data or information, on payment of consideration or otherwise.

    5. The User has access to only his own data and information stored in the database at Website (subject to prior confirmation of identity) and nothing more. The User may edit or amend such data and information from time to time, if Company provides such an option;

    6. All Confidential Information (including name, e-mail address etc.) voluntarily revealed by the User in chat and bulletin board areas, is done at the sole discretion and risk of the User. The Company shall not be responsible for misuse of any such information, collected by a third party, or any unsolicited messages from such third parties.

    7. If the User is neither a genuine Customer nor an intended recipient and are using or accessing the Website to gain Confidential Information and if such an User has obtained access to the Confidential Information, it shall be a breach of this Agreement and shall be kept absolutely confidential. Any use or divulgence of such Confidential Information by such User, shall entitle the Company to inquire and investigate and seek legal remedy against such User including to seek temporary and permanent injunction.

26. MISCELLANEOUS

    1. Governing law and Dispute Resolution - This Agreement and Terms of Use shall be governed by and constructed in accordance with the laws of India only without reference to conflict of laws principles and all disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of Maharashtra, India.

    2. APMC/MSW/FPC Compliance - The User certifies that he/she is APMC/MSW/FPC (whichever is applicable) compliant i.e. he/she has paid all APMC/MSW/FPC applicable taxes. The Company is not liable (of any nature - legal or otherwise) for any failure by the User to comply to the APMC/MSW/FPC (whichever is applicable) rules and regulations.

    3. Assignability -The Company may assign any of its responsibilities/obligations to any other Person without notice to the User, at its sole discretion. However, You shall not assign, sub-licence or otherwise transfer any of your rights under these Terms of Use to any other party, unless a written consent is taken from the Company;

    4. Severability - If any provision of these Terms of Use is found to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect;

    5. Waiver - Failure by the Company to exercise any right or remedy under these Terms and Conditions of Use does not constitute a waiver of that right or remedy;

    6. Force Majeure - The Company is not liable for failure to perform any of its obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labor dispute, strike, bandh, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service

    7. Grievance Redressal - The Company shall endeavour to address grievance or complaints of the Users to the extent possible. Towards this the Company is committed to form a Grievance Redressal Cell, which can be reached on the telephone number as mentioned in the Website or may mail;

    8. Member Logo Display - The Company will display the member's logo at it's website under "Our Member" section, the moment he/she/company becomes a member of Kisanserv platform. If any member has objection regarding the display of their logo on our website, the member needs to write/ email to the company for the removal of the logo, which will be honoured by the company.

    9. SMS notification - Member agrees to receive SMS notification from Kisanserv platform. Time to time, the member will also receive notification/promotional SMS from the Kisanserv team.

    10. Links to third party sites

        • This Web Site contains hyperlinks to other Web sites controlled by parties other than Company. Company is not responsible for and does not endorse the contents or use of these Web sites . The Company is providing these links to the User only as a convenience, and the inclusion of any link does not imply endorsement by the Company or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof;

        • The Company is not responsible for any errors, omissions or representations on any Linked Site. The Company does not endorse any advertiser on any Linked Site in any manner. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.