Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, BEFORE USING THIS WEBSITE

www.faarms.com is a site and [●] is the app, both operated by eFaarms Solution Private Limited, a company incorporated with its registered office at Evolve Work Studio, 3rd floor, SNN Raj Pinnacle, Plot 7F Graphite India Main Road, Phase 2, Doddanekundi Industrial Area 2, EPIP Zone, Whitefield, Bangalore – 560048 (“We” or “Us” or “Our” as applicable). These terms of use, together with the documents referred to in it (hereafter referred to as the “Terms”) set out the terms on which you may make use of Our website and mobile application, [●] (hereafter referred to “Site/ App”), whether as a guest or a registered user. Use of Our Site or App includes accessing, browsing, or registering to use Our Site or App. These Terms also inform you of the terms on which you may make any purchase or redemption on the Site/ App or through any other means including using Our call center or such other means as We may provide. Please read these Terms carefully before you start to use Our Site or App, as these will apply to your use of Our Site/ App and to any purchases that you may make on Our Site/ App. By using Our Site/ App and/or making any purchases on Our Site/ App, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use, access or make any purchases or redemptions on Our Site/ App.

OTHER APPLICABLE TERMS

These Terms refer to Our Privacy Policy [insert as link to Site’s/ App’s Privacy Policy], which sets out the terms on which inter alia We process any personal data We collect from you or have access to when you use the Site/ App. Our Privacy Policy shall also apply to your use of Our Site/ App and by using Our Site/ App, you consent to such processing and you warrant that all data provided by you is accurate.

CHANGES TO THESE TERMS

We may revise these Terms at any time, by amending this page without providing any intimation or notice to you. Please check these Terms from time to time, to take notice of any changes that We make, as they will be binding on you. Any intimation or notice provided by Us in this regard shall be at our sole discretion, without any obligation to do so.

CHANGES TO OUR SITE OR APP

We may update Our Site/ App from time to time, and may change the content, display, form, at any time without prior notice or intimation. However, any of the content on Our Site/ App may be out of date at any given time, and We are under no obligation to update it. We do not guarantee that Our Site/ App, or any content on it, will be free from errors or omissions.

ACCESSING OUR SITE OR APP

Our Site and App is made available free of charge. We do not guarantee that Our Site and App, or any content on it, will always be available or be uninterrupted. Access to Our Site/ App may be suspended, withdrawn, discontinued or changed without notice or intimation. We will not be liable to you if, for any reason, Our Site/ App is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to Our Site/ App. You are also responsible for ensuring that all persons who access Our Site/ App through your internet connection, are aware of these Terms and other applicable terms and conditions, and that they comply with it.

MINOR

You can only access and use this Site and make any purchases on it if you are of a legally binding contract age, as per the Indian Contract Act, 1872, which is currently 18 years. In all other cases you can be on the Site/ App only with the involvement of a parent or guardian. It is the responsibility of a parent to ensure that his/ her child (below the age of 18 years) does not access or use the Site/ App. It is hereby clarified that the above restrictions on a minor’s use of the Site/ App shall apply irrespective of the age or date of birth provided to Us in any registration form or any other documents.

YOUR ACCOUNT AND PASSWORD

You will be required to provide mobile number, name and one-time password sent to your mobile number in order to register and access Our Site/ App. Purchases or redemptions may be permitted to be made by users as a ‘guest’ at the checkout page.

You are solely responsible for maintaining the confidentiality of your account and any password details, and for restricting access to your device to prevent unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account. You should take all necessary steps to ensure that the one-time password is kept confidential and secure, and should inform Us immediately if you have any reason to believe that your password has been disclosed or accessed by an unauthorized third party, or if the password is being, or is likely to be used in an unauthorized manner. We will not be liable for any loss or damage arising from any unauthorized use of your account, notwithstanding whether you have informed us of the same.

Please ensure that the details you provide Us with, are correct and complete, and inform Us immediately of any changes to the information that you provided when you registered. You can access and update much of the information you provided to Us on the Site/ App. We reserve the right to refuse access to the Site/ App, terminate accounts, remove or edit content at any time, with or without notice or intimation to you.

SERVICES AND PRODUCTS

The Site/ App provides a number of internet-based services (all such services, collectively, the “Services”). One such Service enables users to purchase products such as seeds and accessories from various merchants (collectively, “Products”). The purchase of Products shall be additionally governed by the terms set out in Part B (Return, Cancellation and Other Terms of Purchase) below and by Product specific conditions which may be displayed on the webpage of that Product.

INTELLECTUAL PROPERTY RIGHTS

All content included on this Site/ App, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is Our property, or the property of Our affiliates or content suppliers, and is protected by Indian and international intellectual property law, including copyright, authors’ rights and database rights laws. The compilation of all content on this Site/ App is Our exclusive property, and is protected by laws of India and international copyright and database right laws. All software used on this Site/ App is also Our exclusive property, or the property of Our affiliates or software suppliers, and is protected by Indian and international copyright and authors’ rights laws.

You are hereby granted a limited license to access and make personal use of this Site/ App, but not to download or modify it, or any portion of it, without Our express written consent. In particular, you may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any parts of this Site/ App, without Our express written consent. You may also not directly or indirectly, create and/or publish your own database that features any parts of Our Site/ App, without Our written consent. This is not applicable with regard to the Content uploaded by you on Our Site/ App.

LICENSE TO USE THIS SITE AND APP

We grant you a limited license to access and make personal use of this Site/ App, but not to download (other than page caching and downloading of the App) or modify it, or any portion of it, except with Our written consent. This license does not include any resale or commercial use of this Site/ App or its contents; any collection and use of any Product listings, descriptions or prices; any derivative use of this Site/ App or its contents; any downloading or copying of account information for the benefit of another merchant, or any use of data mining, robots or similar data gathering and extraction tools.

This Site/ App or any portion thereof (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without Our express written consent and/or Our affiliates’ written consent, as may be applicable.

You will not directly or indirectly, frame or use framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) that belongs to Us or Our affiliates, without express written consent. You will not use any metatags or any other ‘hidden text’ utilizing Our or Our affiliates’ names or trademarks or logos, without express consent thereof. Any unauthorized use terminates the permission or license granted by Us or Our affiliates, as applicable, to you.

You are granted a limited, revocable and non-exclusive right to create a hyperlink to the Site/ App as long as the link does not portray Us, Our affiliates or Our Site/ App, or their Products or Services, in a false, misleading, derogatory, defamatory or otherwise offensive manner. You may not use Our logo or other proprietary graphic or trademark as part of the link, without express written consent of Our affiliates or Us, as may be applicable.

YOUR CONTENT AND INFORMATION

You own all of the content and information that you post on Our Site/ App. In addition, please see the below:

  • For content that is covered by intellectual property rights, such as photos and videos (IP content), you specifically grant Us a non-exclusive, transferable, sub-licensable, royalty free, worldwide and perpetual license to use any IP content that you post on or in connection with the Site (IP License).
  • When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others, except as required under lawful orders of a court or other such legal authority).

Notwithstanding the above, you agree that We may retain and use any of your content, data or information to provide to you our Services and for ancillary purposes including, but not limited to research and analysis in accordance with applicable laws and our Privacy Policy.

YOUR OBLIGATIONS

You hereby acknowledge, understand and agree that your use of this Site/ App will be in accordance with applicable law, including but not limited to the fact that you shall not host, display, upload, modify, publish, transmit, update or share any information that –

  • belongs to another person and to which you do not have any right;
  • is harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
  • 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;
  • impersonates 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 any other nation;
  • could in any manner hamper Our business or that of Our affiliates.

REWARDS POINTS

We may, in the future, offer on our Site/ App the facility of rewards points, which would accumulate and be credited to Your account upon the completion of certain transactions. These reward points will be subject to the provisions of the additional terms which will be displayed on the reward points’ page on the Site/ App.

OTHER BUSINESSES

We may provide links to the websites of affiliated companies, merchants and certain other businesses on the Site/ App. We are not responsible for examining or evaluating, and We do not warrant or endorse the information of any of these businesses/merchants or individuals, or the content of their websites. You should carefully review their privacy statements and other conditions of use. When you access third party websites through Our Site/ App, you will be responsible for reviewing and understanding their terms of use and privacy policies, and will additionally be governed by such terms and use and privacy policies, as applicable to those websites.

DISCLAIMER

You acknowledge and undertake that you are accessing the Site/ App and transacting with third party merchants at your own risk, and are using your best and prudent judgment before entering into any transactions through the Site/ App

You understand and agree that We are not responsible for Products offered by merchants, and that the Site/ App provides a platform to facilitate the purchase of products. We shall not be liable or responsible for any actions or inactions of the merchants nor any breach of Product specific conditions, representations or warranties by the merchants with regard to the Products, and hereby expressly disclaim any and all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between you or the merchants.

We further expressly disclaim any and all warranties or representations (express or implied), in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose.

We shall not be responsible for any cancelled or failed transactions or payments attempted using credit cards, debit card, net banking or any other means on the Site/ App. You further agree that We shall not be responsible or liable for cancellations or failures which take place on account of you exceeding the existing limit on your credit card.

INDEMNITY AND RELEASE

You shall indemnify and hold Us and/ Our affiliates, and their respective offices, directors, agents and employees, harmless, from any claim or demand or actions including reasonable attorneys’ fees made by any third party or penalty imposed due to, or arising out of:

  • your breach of these Terms or any document incorporated by reference; and
  • your violation of any law, rules, regulations or third party rights.

You hereby expressly release Us and/ or Our affiliates and/ or any of its officers and representatives from any cost, damage, liability or other consequences of any of the actions/ inactions of the merchants, and specifically waive any claims or demands that you may have, in this behalf, under any statute, contract or otherwise. You will not implead or involve Us in any proceedings relating to a third party.

We will not be responsible for any indirect or consequential loss caused to You (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expense). Our aggregate maximum liability to You shall be limited to the refund of the money received from You or the merchant for the Service triggering the claim.

WAIVER

If you breach these Terms and We take no action, We will still be entitled to use Our rights and remedies in any other situation where you breach these Terms.

TERMINATION

If you violate the letter and/or spirit of these Terms, or otherwise create risk or possible legal exposure for Us, We can stop providing all or part of the Site/ App to you. We may also delete or disable your account at any time.

GOVERNING LAW AND JURISDICITON

These Terms are governed by, and construed in accordance with the laws of India. You agree, as We do, to submit to the exclusive jurisdiction of courts in Bangalore, India.

GREIVANCE OFFICER

The name and contact details of Our Grievance Officer are as follows:

Neeraj Jain,
neeraj@faarms.com

The Grievance Officer can be contacted to report abuse, or to complain against any content hosted, transmitted, published, updated or shared on Our Site/ App, in the event there are some concerns regarding such content.

PART B – RETURN, CANCELLATION AND OTHER TERMS OF PURCHASE

EXACTNESS NOT GUARANTEED

We hereby disclaim any guarantees of exactness as to the finish and appearance of the final Product. The quality of any Products purchased or obtained by you through the Site/ App may not meet your expectations. Alterations to certain aspects of your order such as the supplier brand, quantity etc. may be required due to limitations caused by availability of product difference in quantity charts of respective brands etc. In this instance We will send an approval request to your email address, which you submitted when placing your order. If you agree with the requested change, you may accept the requested product change by replying to it within 10 (ten) days of it being sent to you, failing which it will be deemed that you rejected the change.

PRICING

Prices for Products are described on our Site/ App and are incorporated into these terms by reference. All prices are in Indian rupees. Prices, Products and Services may change at our discretion.

MODE OF PAYMENT

We support the following payment options:

  • Credit Card
  • Debit Card
  • Net banking
  • Wallet
  • Cash on Delivery (available in selected pin codes) upto a specified limit as decided by Us

If your online payment fails, please retry making the payment after ensuring that the information entered is accurate, including all account details and billing addresses. If your payment still fails, you can use the ‘cash on delivery’ payment option, if available on the payment page to place your order. If your payment is debited from your account after a payment failure, it will be credited back within 7-10 days, after we receive a confirmation from the bank.

TITLE AND RISK

Title and risk of loss for all Products ordered by you shall always remain with you.

SHIPPING AND DELIVERY

We strive to deliver the Products purchased in good condition and within a reasonable time. Once the order is placed, you will be notified of the delivery time, however, please note that the indicated delivery time is only an estimate and We are not liable if the Products are delivered to you post the estimated delivery time. There is no ‘track your delivery’ option available.

The shipping charges for the Products shall be charged separately on the order page. If the order is cancelled, lost or undelivered to your preferred location, we will refund the shipping charges, if paid online. If you return an order delivered to you, order shipping charges will not be refunded.

CANCELLATION POLICY

Cancellation by Us:We reserve the right to refuse or cancel any order for the purchase of Products for any reason whatsoever, including, without limitation:

  • Non-availability of the Products or quantities ordered by You;
  • Inaccuracies or errors in pricing information
  • Where an invalid address is provided in order details; and
  • On account of any issues identified by Our credit and fraud avoidance department.

In certain circumstances, We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after you have been charged, the said amount will be reversed.

Cancellation by You: We reserve the right to accept or reject any requests by you for order cancellations. We will cancel orders if they have not already been processed and subject to having received a cancellation request from you on the Site/ App or on a call to our customer care, within 24 (twenty four) hours from the order placement. In this regard, We reserve the right to decide whether or not an order has been processed and you agree that our decision in this regard shall be final.

In the event of a cancellation, the amount paid for the Products will be refunded to you once we receive the monies from the merchant and any refund of GST shall be as per applicable policy from time to time.

Any reward points or promo code used for placing an order will not be refunded or re-credited.

RETURN AND REPLACEMENT

Our returns and replacement policy gives you an option to return or seek replacement on the Site/ App or on a call to our customer care, for the below reasons:

  • The ‘best before’ period of the Products has expired at the time of delivery to you; or
  • The packaging of the Products is tampered or broken in a manner which compromises the quality of the Products. In this regard, you will be required to provide pictures of the tampered or broken package to Us, in order for us to determine whether the same qualifies for return or replacement.

We should receive a request for return/ replacement within 2 (two) days from the date of delivery, on a call to our customer care. We ask that you don’t use the Product and preserve its original condition, tags and condition of the packaging in the same manner as received by you. We will provide free pickup. You will see a pickup option when you submit a return request.

During Pick Up, our delivery agent may do a quality check on the return. If the Product does not pass the quality check, the same will not be picked up. If you choose to replace the item, you will be provided with a replacement of the same item, subject to availability and we make no guarantee on the time for delivery of the replaced Product. You will not be able to exchange your item for an alternative Product.