1. Welcome to farmspoint.com an online market place. This agreement ("Agreement") is the legal agreement between you and "Cohesive Agro Tech Private Limited" (sole owner of its brands "farmspointcom"). These terms and conditions are intended to help keep farmspoint.com, a safe and better place to trade.
1.1 Acceptance of terms and conditions: The terms and conditions are the terms on which farmspoint.com or "Cohesive Agro Tech Private Limited" offers you access to the farmspoint services and the use of website i.e. "farmspoint.com". By registering as a member in farmspoint.com, you accept that you are at least 18 (Eighteen) years of age and are capable of entering, performing and adhering to the terms and conditions.
1.2 Amendment of terms and conditions: As farmspoint.com operates in a changing commercial, technological and regulatory environment, we may amend these terms and conditions from time to time. Unless otherwise stated, amendments will be effective immediately upon posting of the amended terms and conditions on this Website. You are responsible for ensuring you are familiar with the latest terms and conditions. Your continued use of the Services represents your agreement to be bound by the terms and conditions as amended.
In these terms and conditions, the following expressions have the meanings set out:
• "User", "Member", or "You" means any person who access or avail this site of the company for the purpose of buying, sharing, or transacting information or views and includes other persons jointly participating in using the site of the company. It is defined as an individual subscriber for the Services and the signatory, whose particulars are contained in the application form and includes his successors and permitted assignees
• 'We', 'us' and 'our' are a reference to "Cohesive Agro Tech Private Limited";
• 'You',‘user’, ‘customer’ and 'your' are a reference to you;
• 'Website' means any farmspoint.com website or its mobile application through which the services are offered;
1.4 Changes in Agreement or farmspoint.com’s Services.
• As farmspoint.com operates in a changing commercial, technological and regulatory environment, we may amend these terms and conditions from time to time. Unless otherwise stated, amendments will be effective immediately upon posting of the amended terms and conditions on this Website.
• farmspoint.comp at any time change any of the terms of this Agreement but not limited to the amount of, or basis for determining, any fees or charges farmspoint’s services.
• Prices and availability of products are also subject to change without prior notice.
• We reserve the right to correct online pricing errors and also reserve the right to correct the pricing error or cancel undelivered orders for such incorrectly priced products and contact and inform you in such circumstances.
• If any changes is unacceptable to you, you may cancel you farmspoint’s services and terminate this Agreement.
2 SPECIFIC WARNINGS
2.1 Services: farmspoint.com service is an information, communication and transaction service available to authorize user ("customer") who access farmspoint.com. We currently provides an online grocery shopping and delivery service and in future may provide additional shopping related services.
• Our product prices may differ from those available in retail stores. We guarantee the prices for product you placed in the cart for the transaction.
• All payments for groceries associated shopping and delivery fees are due at the time of delivery. Delivery will only be made to the delivery address that you specify when you confirm the given order.
• The person at the delivery address who receives the delivery is conclusively presumed to be authorized to receive and pay for the order.
• If delivery fails or not done due to wrong address, recipient not available or premises locked, redelivery or second delivery from farmspoint.com will incur a delivery charge of Rs. 50/-.
• In case of flood, Heavy rains, National/ Restricted holiday or National Bandh we reserve the right to reschedule the delivery for another date.
• If you are not satisfied for any reason with a product purchased, any claims for shortages or damages must be reported to the customer service at the time of receiving your order at email@example.com. Also the said shortage or damage of goods be highlighted and signed on the delivery challan copy and returned to the delivery person.
• farmspoint.com’s liability for missing a delivery is limited to delivery at a later time with no additional charges, in this case, the said goods be highlighted and signed on the delivery challan copy and returned to the delivery person.
2.2 Disclaimer of Warranties: The user expressly understand and agree that:
• Your use of the farmspoint.com’s services is at your sole risk. The website, its content and services are provided on an "as is" or/and on an "as available" basis,farmspoint.com disclaims and excludes all representations, implied conditions or warranties, including, but not limited to, any warranties as to the availability, accuracy or content of information, products and services or warranties of title, merchantability, fitness for a particular purpose, and non-infringement;
• In case there is any loss of information, caused due to any reason, weather as a result of any disruption of services, suspension and/or termination of service, the company shall not be liable in any way for the same. Further the company is not responsible for the accuracy, quality and/or contents of any information available, received and/or transmitted through this service.
• The company/ farmspoint.com does not warrant that the service shall meet user’s requirements, that the services provided will be uninterrupted or/and timely or/and secure or/and error free, nor does farmspoint.com makes any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information (including feedback) obtained from the services.
• No advice or information that is obtained by you from farmspoint.com or anyone else shall create any warranty by farmspoint.com that is not expressly stated in the terms and conditions;
• Responsibility for the content of advertisements appearing on this website (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements on the website does not constitute farmspoint.com’s recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.
• While farmspoint.com has systems in place to reduce the risk of credit card frauds, farmspoint.com is not responsible for protecting members from credit card frauds. farmspoint.com fraud protection systems may from time to time block legitimate credit card payments. In these cases payment will need to be made by other means.
• All information are accepted in good faith and farmspoint.com accept no responsibility whatsoever regarding the bonafide of the user, nor can any interviews be granted or/and correspondence entered into regarding any advertisement published.
• The user shall ensure that while using the service, all prevailing and applicable laws, rules and regulations, directly or indirectly for the use of systems, service or equipment shall at all times, be strictly complied with by the user and the company shall not be liable in any manner whatsoever for default of any nature regarding the same, by the User.
• The company does not warrant that farmspoint.com or any of the web sites or mobile apps linked to farmspoint.com be free of any operational hazards or errors nor that it will be free of any virus or/and worm or/and any other harmful components.
• The user understands and agrees that any information or/and material and/or goods or/and services obtained through this website is done at user's own discretion and risk and that user shall be solely responsible for any damage/s or/and cost or/and any other consequence/s resulting from any transaction.
• The website’s total liability under this Agreement in any circumstance shall be limited to the total amount of fees or/and charges paid by the user to the company’s website.
• This website/ E-mail are vulnerable to data corruption, interception, tampering, viruses as well as delivery errors and we do not accept liability for any consequence that may arise there from.
2.3 Limitation of Liability:
• You agree that, to the maximum extent permitted by law, any and all liability and responsibility of farmspoint.com to you or any other person under or in connection with these terms and conditions, or in connection with the services, this website, another member's acts or omissions, or your use of or inability to use, the services or this website, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. farmspoint.com’s or any of its directors, employees, agents, licensors or merchants (collectively, its associates) liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss. In sum, in no event shall company’s total liability to the user for all damages or/and losses or/and causes of action exceed the amount paid by the user tofarmspoint.com, if any, that is related to the cause of action.
• The company takes no responsibility/ liability whatsoever for shortage or non fulfilment of the service/s on farmspoint.com or any other related site due to or arise out of technical failure or/and malfunctioning or/and otherwise and the user hereby undertakes that in such situation/s, the user shall not claim any right/ damages/ relief, etc. against the company for "Deficiency of Service" under the Consumer Protection Act or any other Act/ Rules, etc.
• farmspoint.com or Cohesive Agro Tech Private Limited shall not be responsible for any malfunctioning, non-functioning of the mobile phone or any other application, and or any damages, loss, either direct or indirect arising out of the use of the farmspoint.com’s mobile application on your mobile phone.
• You agree to release, indemnify and keep indemnified farmspoint.com, its directors, employees, agents, officers, licensors or merchants and their successors (collectively, its associates) and assigns and against any or all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, expenses or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions, your failure to complete a transaction, through use of your account, your use of farmspoint.com’s message boards, reviews or arising out of any content or item you submit, post, transmit, or make available or arising out of user’s infringement of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, defamation, claim of libel, violation of rights of privacy or publicity, loss of services by other subscribers and infringement of intellectual property or other rights through the services.
• This clause shall survive the expiry or termination of this Agreement
3 BECOMING A MEMBER
3.1 Becoming a Member:
Becoming a member is free. You may only register as a member if you are resident in India (unless specifically authorised by us in writing) and can form a legally binding contract that is enforceable against you. You must be at least 18 years old. By registering as a member, you warrant that you can form a legally binding contract and you have provided complete, accurate and current personal information.
3.2 Termination of membership:
• farmspoint.com reserves the right to decline to register or to terminate your membership without entering into further discussions with you.
• Members who have registered under multiple aliases will have all of their aliases disabled.
• In the event of termination, you also agree that you will not open or attempt to open any new farmspoint.com membership account.
3.3 Suspension of Service:
• If any money is payable by the User to the Company are not paid on the due date, the Company may without prejudice to any other rights or remedies that may be available to it suspend the Service provided to the User.
• When the Service subscribed for is suspended, it shall be deemed to be terminated. The date shall be such as stipulated by the Company and the User shall be liable for all the charges and fees incurred up to date.
3.4 Discontinuation or modification to Services:
• The Company reserves the unilateral right to add to /and/or change and/or delete and/or end the Service at anytime with or without notice to the User.
• There shall be no liability on behalf of the Company to the User or any third party in case the Company exercises its unilateral right to modify or discontinue the Service.
3.5 Security of your login information:
You are responsible for keeping your login information, including your email address and password, secret and secure. Without limiting the foregoing, you agree:
• not to permit any other person to use your user name or membership;
• not to disclose, or provide to any other person, your password, email address, date of birth or any other information in connection with your membership that may allow them to gain access to your membership.
• The right to amend vary or change the terms and conditions contained herein and in the Services Guide at any time exclusively rests with the Company, upon notice (in such form as may be determined by the Company) to the User.
• This Agreement will be periodically undated and the Terms and Conditions changed from time to time and the changed or updated Agreement posted at farmspoint.com http://www.farmspoint.com/. The User should visit the site periodically to review the latest Terms and Conditions. For the avoidance of doubt, the User's continued use of the Service constitutes an affirmation and acknowledgement of the amended terms and conditions.
3.7 Emails and newsletters:farmspoint.com will send you emails relating to your membership, transactions and other activities on the Website, and for promoting and marketing other farmspoint.com products and Services to you. farmspoint.com may also send regular electronic newsletters to members. Newsletters will contain clear and obvious instructions for how you can unsubscribe from the mailing list.
3.9 If any person Sign up, login, Subscribe or place an order on our website or our apps that means you have no problems for getting any kind of Transactional As well As promotional Messages or Emails from our side.
3.10 All Users Agree to receive All kind of transactional as well as promotional Messages while they are signup, Login, Subscribe to our website or our Apps.
4.1 A list of non-complying users and fraudulent transactions is maintained by the Company. It is well within our rights to deny access to any such user at any time or cancel orders that they may place.
4.2 It is important to note that while the Company takes full precautionary measures to ensure the accuracy of product specifications, the details of a product may be inaccurate owing to technical glitches, typographical errors or false product information provided by the third-party seller. In such cases, the user shall be notified as soon as it is brought to Company’s notice. Also, the company has the right to cancel orders in such cases and grant credit/coupon for the value of the returned product which can be availed against the next invoice for the transaction.
4.4 An order is subject to cancellation before it entering the "Enroute" stage. Refunds will be made for permitted cancellations within 48-72 hours.
4.5 Merchant/Bulk ordering :- The Marketplace is intended to be a platform for end-consumers desirous of purchasing product(s) for domestic self-consumption. If you are a retailer, institution, wholesaler or any other business user, you are not eligible to use the Marketplace to purchase products from third-party sellers, who have been granted access to the Marketplace to display and offer their products for sale through the Marketplace.
The Company, in its sole discretion and without liability, reserves the right to terminate or refuse your registration, or refuse to permit use/access to the Marketplace, if: (i) it is discovered or brought to notice that you do not conform to the eligibility criteria, or (ii) the Company has reason to believe (including through evaluating usage patterns) that the eligibility criteria is not met/is violated by a user, or (iii) may breach the terms of this User Agreement.
In order to determine compliance with eligibility criteria, the Company inter alia uses an algorithm and/or pre-determined criteria based technology and accordingly, from time to time, your usage may be restricted or blocked on account of overlap with such algorithms/pre-determined criteria. In such cases, if you are a genuine domestic user of the Platform, please contact us for assistance.