Terms & Conditions
Last updated: (11-Aug-2018)
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the ‘CultYvate’ mobile application (the “Service”) operated by Farms2Fork Technologies. (“We”, “Us”, “Company” or “Our”, which expression shall mean and include its affiliates, successors and assigns). We are committed to protecting and respecting your privacy.
This policy describes our policies and procedures for collection, use, storage, disclosure and protection of any information, including, but not limited to, business or personal information provided by you (“you/r”) while using the app.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the app in any way or download the app. Also in the absence of an acceptance of the policy by you, we will not be able to provide the services or products to you.
This policy has been drafted in accordance with the Information technology act, 2000 and the data protection rules and regulations of India.
- Information Collected
We will use all information provided by you only in accordance with the purposes described in the Policy.
We collect your name, mobile number, address, IP Address, zip code, gender, occupation, your location, device ID, device location and other related things like crops grown, crops to check prices for, products interested in, articles and posts liked etc. We also gain the ability to access your gallery, camera, microphone and voice recorder and write to the external memory on your mobile phone. We collect all of the foregoing information in order to provide you our services.
Except as stated above, we do not solicit any sensitive Information about yourself. However, if you share such information with us voluntarily then we shall not be liable for any actions, claims, costs, expenses or other liabilities that may arise as a consequence of such unauthorized use or misuse of such information.
During your use of the App, we may collect and process such information from you, including but not limited to the below mentioned:
(a) Personal Information: “Personal Information” means and includes:
(i) Information that you provided to us on the App during registration and daily use of the app. This may include contact information such as name, phone number, financial information, if any, unique identifiers such as user name, account number, password, images, videos and audio of the user and their physical assets and preferences information such as favourites lists, transaction history;
(ii) Information that you specifically provide us access to while accepting the Terms and Conditions of use of the App.
(b) Non- Personal Information: “Non-Personal Information” means and includes any information that does not reveal your specific identity, such as, browser information, information collected through cookies (as defined below), pixel tags and other technologies, demographic information etc. Our app gathers some information automatically when you visit the app and stores it in log files. We may collect certain information about your computer or other electronic device through which you have accessed the app to facilitate, evaluate and verify your use of the app.
- Use of the Information
We may use the information provided by you in the following ways, viz:
(a) Provide and improve the services offered to you through the App;
(b) Collect and analyse to detect, prevent, mitigate and investigate fraudulent or illegal activities;
(c) Analyse how the App is used, diagnose service or technical problems, maintain security;
(d) To improve the App usage efficiency for you;
(e) Monitor aggregate metrics such as total number of viewers, visitors, traffic, and demographic patterns;
(f) to notify you regarding your account, to troubleshoot problems with your account, to resolve a dispute, to collect fees owed, to confirm your identity in order to ensure that you are eligible to use the App;
(g) advertising and marketing communications;
(h) to carry out our obligations arising from any contracts entered into between you and us;
(i) to notify you about changes on the App;
(j) notify you in the event we notice any breach of the security of your information and take appropriate action to the best of our ability to remedy such a breach.
(k) to enable us to comply with legal and regulatory obligations;
We will use and retain your information for such periods as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
- Storage, Security and Disclosure of Information
We use reasonable safeguards to preserve the integrity and security of your information against loss, theft, unauthorised access, disclosure, reproduction, use or amendment. All information you provide to us is stored on our secure servers within India.
By submitting your information on our App, You agree to the handling of your information by the Company in a manner as stated under this Policy. We will take such steps as we consider reasonably necessary to ensure that your information is treated securely and in accordance with the Policy.
We assume no liability for any disclosure of information due to errors in transmission, unauthorised third party access or other acts of third parties, or acts or omissions beyond our reasonable control and you agree to not hold us responsible for any breach of security unless such breach has been caused as a direct result of our gross negligence or wilful default.
In using the App, you accept the inherent security implications of data transmission over the internet and the world wide web cannot always be guaranteed as completely secure. Therefore, your use of the App will be at your own risk.
In the event the Company is merged with or acquired by another company or in case of re-organization or re-structuring of business, We and our affiliates will share your Personal Information, wholly or in part, with another business entity.
We will share Your information with third parties only in such manner as described below:
(a) We may share your information with third parties including third party service providers/agents/partners, etc. And in such an event, the third parties’ use of your information will be bound, among other things, by the policy. We may store information in locations outside the direct control of the company (for instance, on servers or databases co-located with hosting providers) and your use of the app shall constitute consent for the same.
(b) We may disclose your information, to any member of our related or group companies including but not limited to, our subsidiaries, our ultimate holding company and its subsidiaries, as the case may be, and your use of the app shall constitute consent for the same.
- Use of Information
By the use of the app, you will be able to see various products and services offered by us, various products and services offered by our third party agents and service providers and many other services and products of our other service partners, affiliates and group companies. you may have interest or intention of availing such services and products or a general query with respect to the products and services available on the app and through the app. accordingly, you may contact us or raise a query on the app, and share your contact details including but not limited to phone number, location, etc., with us. By contacting us you give us the unequivocal right to:
(a) Contact you through various available mediums, including but not limited to phone calls to you to discuss your query or request and if required meet with you on your consent;
(b) Contact you through phone or message notwithstanding the fact that you may have registered under the telecom regulatory authority of India regulations as a fully blocked or a partially blocked customer. It is further clarified that we shall only make solicited phone calls or send you messages or notify you on the App ;
(c) Share the contact details provided by you with the service provider or agent or representative available on or through the app who may be in a position to sufficiently answer or respond to your query, including but not limited to third party service providers.
You also give the third party service provides/agents/affiliates available on the app, towards whom your specific query/question/request is directed, to directly contact you, using the contact details shared by you with us, on or through the app.
The app and the other service provides/affiliates/agents on the app shall only use the information provided by you above, for the purpose of ensuring complete provision of services to you and for the purpose of appropriately responding to your query/question/request/concern.
We understand that your contact details are important to you, and we shall bind the service providers/agents/affiliates that we share your contact details with, with the same level of protection as required under the applicable laws.
- Non- Disclosure of Information
You may choose not to provide identifiable information through the app, in which case you may not be allowed to access certain features / parts of the app. if you are a registered user, you may update, edit or correct your account information and email preferences at any time by logging in to your account. if you believe that any of your information held by us is inaccurate, you may write to us at ‘firstname.lastname@example.org’. we will respond to your request within a period of 5 days. it is your responsibility to ensure that any information you provide us remains accurate and updated.
- Links to Third Party Sites
Our app may, contain links to and from the apps of our partner networks, affiliates and other third parties. the inclusion of a link does not imply any endorsement by us of the third party website/app, the website/app’s provider, or the information on the third party website/app. if you follow a link to any of these website/apps, please note that these website/apps may be governed by their own privacy policies and we disclaim all responsibility or liability with respect to these policies or the website/apps. please check these policies and the terms of the website/apps before you submit any information to these website/apps.
- Restrictions and Liabilities
- a) We are not liable for wrong use of any recommendations made by our authorised person through the app.
- b) We are not liable for any off label recommendation posted by any third party (including fellow farmer, people from any other company unauthorised person from us).
- c) The use of any product by you other than recommended by us through the app/website/call centre of the company, it will be at your own cost and responsibility.
- d) You shall not post any illicit or immoral material on the channels of interaction of the app.
- e) In the event you post any photo, content or any other personal information or non-personal information through the app, the same will be treated as granting of a non-exclusive, transferable, sub-licensable, royalty free worldwide access to use such information by you to us.
- h) the app is currently free of cost but normal data charges will apply for using internet on your phone.
- Severability and Exclusion
We have taken every effort to ensure that this policy adheres with the applicable laws. the invalidity or unenforceability of any part of this policy shall not prejudice or affect the validity or enforceability of the remainder of this policy. this policy does not apply to any information other than the information collected by the company through the app. this policy shall be inapplicable to any unsolicited information you provide us through this app or through any other means. this includes, but is not limited to, information posted in any public areas of the app. all unsolicited information shall be deemed to be non-confidential and the company shall be free to use and/ or disclose such unsolicited information without any limitations.
- Governing Law and Dispute Resolution
This Policy shall be governed by and construed in accordance with the laws of the Republic of India. The courts at Bangalore, India shall have exclusive jurisdiction in relation to any disputes arising out of or in connection with this Policy.
- No Waiver
The rights and remedies available under this policy may be exercised as often as necessary and are cumulative and not exclusive of rights or remedies provided by law. It may be waived only in writing. delay in exercising or non-exercise of any such right or remedy does not constitute a waiver of that right or remedy, or any other right or remedy.
- Changes to the Policy
We may update this policy from time to time. If we make any material changes we may notify you by means of a notice on this app prior to the change becoming effective. We encourage you to periodically review the policy for the latest information on our privacy practices.
Please address your grievances, feedback or questions, without limitation, with respect to the collection, processing, usage, disclosure, security of your information in writing to us at email@example.com. You can always withdraw your consent for usage, processing of your information by us by writing to us at the address mentioned above.
Copyright 2018 CultYvate, Farm2Fork Private Limited. All rights reserved.