Terms & Conditions
By signing up for the services provided by FARMREACH TECHNOLOGIES PVT. LTD. ("FARMREACH"), you, representing your company, agree to the following terms and policies:
Service Provider: FARMREACH TECHNOLOGIES PVT. LTD. (CIN: U72900TG2022PTC159640), a company incorporated under the provisions of the Companies Act, 2013, with its registered office at Second Floor, Plot-343, Road no 1/3, Mathrusrinagar, Miyapur, Hyderabad 500049, India.
a) The Service Provider, owns and operates cloud-based field force, channel and grower management software. All the data handling interface is carried out by their mobile and web software named “Farminsta” linked to the domain www.farminsta.com.
b) The Service Recipient is engaged in the business of production and marketing of Agriculture and allied business, and is desirous of availing the services offered by the Service Provider;
c) The Service Provider has represented to Client that it has the required skills, expertise, resources and means to provide the Services, specified in this Agreement and in accordance with Client’s requirements.
Service Recipient (You/Your Company): As the user signing up for the services, you, representing your company, are referred to as the “Service Recipient” or the “Client”.
WHEREAS:
NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED IN THIS AGREEMENT, THE PARTIES AGREE AS FOLLOWS.
For the purposes of these terms, in addition to the capitalized terms defined elsewhere in these terms, the following terms shall have the meanings ascribed to them as follows:
“Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity. “control”, for purposes of these terms, means direct or indirect ownership or control of more than fifty percent (50%) of the voting interests of the subject entity;
“Anonymous service data” means any and all data and information that is not personal information (including because it has been De-identified, aggregated or made anonymous by FR) created by FR through the operation of the service;
“Customer service-compatible application(s)” means (i) an application that has been developed using the service APIs by you or by a third party authorized by you to develop such an application for you, or
(ii) a third-party cloud-based service that inter operates with the service through the use of the service APIs and that has been licensed by you from such third-party and which you wish to use with the service;
“Deliverable” means any software, studies, documentation and/or other materials prepared by FR for you as described in a pricing agreement or an order or Proposal for professional services;
“Malicious code” means viruses, worms, time bombs, Trojan horses and other harmful or malicious code, files, scripts, agents or programs;
“Order” means any online order for the purchase of a subscription or subscriptions for the service or for the purchase of professional services that has been submitted by you using the electronic order forms (or any other order form accepted by FR) provided by FR on the FR website or over an email;
“Pricing agreement” means any agreement executed by you and FR (including through the use of digital signatures) for the purchase of a subscription or subscriptions for the service or for the purchase of professional services;
“Professional services” means professional services to be provided by FR to you for training, implementation services, development support, custom development and other services, all as described in a pricing agreement or an order and/or Proposal;
“Quote” means a quotation document provided to you by FR in respect to your purchase of a subscription or subscriptions for the service or professional services;
“Sandbox environment” means a part of the service that allows customers to test customer service-compatible application(s) and other uses of the service API(s);
“Service” means FR’s cloud-based asset and Field Operations Management Solution including in each case the service APIs. The “service” excludes all customer service-compatible applications;
“Service APIs” means the APIs that are made publicly available in the service for the purpose of integrating customer service-compatible applications with the service and for the purpose of entering and extracting data from the service;
“Service tier(s)” means the various categories of service access (which will specify the number of permitted users) provided by FR to customers depending on the type of subscription that has been purchased by such customers as further described on the Proposal document, as such categories of service access may be updated by FR from time to time;
“Statement of work” or “Proposal” means a statement of work for professional services and/or deliverable that is executed by the parties (including through the use of digital signatures), which professional services and/or deliverable may include, without limitation: training, implementation services, development support, custom development and/or other services;
“Subscription fee” means the prepaid half-yearly/annual or multi-year fees payable by you to FR for the right to receive access to the service as specified in your pricing agreement and/or your quote(s) and/or order(s);
“Subscription term” means an initial subscription term for the service and any renewal periods for the service as specified in your pricing agreement and/or your quote(s) and/or order(s);
“Term” has the meaning ascribed to that term in section 10.1;
“Terms” means these standard terms and conditions and any pricing agreement, quote(s), order(s) and/or Proposal(s) into which this document may be incorporated;
“User” means an individual or entity who is authorized by you to use the service on your behalf, and who has been supplied a user account and password for the service by you (or by FR at your request);
“You” means the person, organization or entity (i) executing a pricing agreement with FR, the person, organization or entity identified by FR in a quote issued by FR or the person, organization or entity identified in an order submitted to FR and accepted by FR, or (ii) executing an agreement with a FR reseller that incorporates these terms by reference as contemplated in section 11 of these terms. “Your” shall have a correlated meaning. If an organization or entity name is specified in the “company name” or “customer name” portion of a quote, order or pricing agreement, then “You” means such organization or entity. “You” in the case of an organization or entity includes any of your affiliates; and
“Your data” means all electronic data or information submitted by you and/or your users to the service.
“Applicable laws” means, with respect to any person, all laws, statutes, treaties, rules, regulations, determinations, orders, notifications, writs, processes, decrees, injunctions, judgments or awards of an arbitrator, court or any other government authorizations, binding upon or applicable to such person or to any of its properties or assets.
“Applicable Permits or Permits” means, any waiver, exemptions, building, variance, franchise, permit, authorization, approval, license or similar order or from any central or state, provincial, municipal, regional, environmental, or other government entity, instrumentality, agency, authority, court or other body having jurisdiction over any part of the services to be performed pursuant to the terms of the agreement.
“Confidential Information” means, all tangible and intangible information obtained/received/gained/developed or disclosed to supplier and/or supplier personnel, including all details, documents, data, business, customer information and the first and second parties practices and trade secrets that Supplier and/or supplier personnel may be, privy to, shall be treated as absolutely confidential.
Subject to these terms, including payment of all applicable subscription fees, FR grants you a limited, personal, non-transferable, non-sub-licensable, internal license to use the service during the subscription term in accordance with the service tier (including, without limitation, the permitted number of users) for which you have subscribed, such subscription term and service tier as set forth in your then-current pricing agreement, quote(s) and/or order(s). The right to use the service is licensed, not sold. You may also use customer service-compatible application(s) with the service to the extent approved in writing by FR pursuant to your then-current pricing agreement, quote(s) and/or order(s).
If you register for the free version of the service made available by FR, then, subject to these terms, FR grants you a limited, personal, non-transferable, non-sub-licensable, internal license to use a reduced-feature version of the service (the “free service”). You will not be entitled to receive any support from FR for your use of the free service. FR may terminate your use of the free service at any time in FR’s sole discretion and may accept or decline any request to use the free service in FR’s sole discretion. Any data you enter into the free service and any customizations you make to the free service will be permanently lost unless you purchase a paid subscription to the service. Your data cannot be exported from the free service. Notwithstanding any other provisions in these terms, access to and use of the free service is on an “as-is” basis without any representations, warranties and/or conditions of any kind. Additional terms and conditions applicable to the free service may appear on the applicable registration page for the free service. Any such additional terms and conditions are incorporated into these terms by reference.
As part of your commercial subscription to the service or your subscription to the free service, you will be given access to the sandbox environment. The service capabilities provided in the sandbox environment may be limited or restricted in FR’s sole discretion. Except for pre-existing development and interoperability documentation that FR makes generally available to service subscribers, FR does not provide any support for the use of the sandbox environment or any service APIs as part of FR’s standard commercial subscriptions for the service or as part of any subscription for the free service. You may purchase development-related support from FR as a professional service. Notwithstanding any other provisions in these terms, access to the sandbox environment is on an “as-is” basis without any representations, warranties or conditions of any kind.
You acknowledge and agree that the service may present links to third-party websites or third-party products or services not owned or operated by FR that present service offerings, advertisements, promotional materials or product offers from such third parties. FR is not responsible for the availability of these third-party websites or third-party services or any other products or services that may be offered via such websites and/or services. Your dealings with any third-party or purchase of any third-party products or services that you may have become aware of through the service are solely between you and such third party and the terms and conditions governing such dealing, products or services are those that you agreed with the applicable third party and FR is not a party to any such terms or conditions. You agree that FR is not responsible or liable for any loss or damage of any type incurred by you as the result of any dealings with any third parties or as the result of the presentation of such third parties or their products and/or services via the service.
Your affiliates may procure subscriptions for the service subject to these terms. You shall cause each of your affiliates to comply with these terms to the full extent as if such affiliate were a party hereto, and any act or omission relating to these terms by any such affiliate shall be deemed an act or omission by you. In addition, each party may use one or more affiliates to perform its obligations under these terms, provided that such use shall not affect such party’s obligations pursuant to this agreement and any act or omission by such affiliate relating to these terms shall be deemed an act or omission of such party
FR shall use commercially reasonable efforts to make the service available in accordance with the FR service level agreement, which may be found at https://www.FARMREACH.com/terms.html except for (a) planned downtime, (b) any unavailability caused by circumstances beyond FR’s reasonable control, including without limitation, acts of god, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labour problems, internet service provider failures or delays or other force majeure events, or (c) any downtime caused by customer service-compatible applications(s). FR shall also provide support to you for the service in accordance with the FR service level agreement and the service tier purchased by you. FR does not warrant or support customer service-compatible application(s). FR is not responsible for any disclosure, modification or deletion of your data resulting from access to or use by you of any customer service-compatible application(s).
You are responsible for all activities that occur in your user accounts and for your users’ compliance with these terms. You shall: (i) have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all of your customer service-compatible application(s) and your data; (ii) use commercially reasonable efforts to prevent unauthorized access to, or use of, the service and your customer service-compatible application(s), and notify FR promptly of any such unauthorized access or use, and in no case more than 72 hours from the time you become aware of any unauthorized access, use or disclosure; (iii) comply with all applicable local, provincial, state, federal and foreign laws in using the service and your customer service-compatible application(s); and (iv) be responsible for any customer service-compatible applications developed or purchased by you.
You shall not: (i) use the service or your customer service-compatible application(s) to send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) use the service or your customer service-compatible application(s) to send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material that is harmful to children or violates third-party privacy or publicity rights; (iii) use the service or your customer service-compatible application(s) to send or store malicious code; (iv) interfere with or disrupt the integrity or performance of the service or the data contained therein; or (v) attempt to gain unauthorized access to the service or any related systems or networks.
FR may change the service at any time upon reasonable notice of 45 days before updating to you by posting the changes on the FR website; sending you notice via an email to the email address you provide on service registration; placing a message on your invoice; in writing; by electronic communication; or any other notice method likely to come to your attention. If you do not accept the change, your sole recourse is to terminate your subscription(s) to the service. Your continued access to and use of the service after the change has come into effect constitutes your acceptance of the change. If you terminate your subscription to the service due to a change in the service, you will not be entitled to any refunds. The service may contain features designed to interoperate with customer service-compatible applications. FR cannot guarantee the continued availability of such service features and may cease providing them without entitling you to any refund, credit or any other compensation.
You may order certain standard professional service offerings (such as training) from FR for the prices set forth on the FR website by submitting an order to FR specifying the quantity of such standard professional services you wish to procure. You may order custom professional services (such as custom development) from FR at the rates set forth on the FR website by submitting an order to FR describing the custom professional services you wish to procure. If you submit an order for professional services, such order shall not be binding upon FR unless accepted by FR. FR will use commercially reasonable efforts to respond to orders submitted by you for professional services within five (5) business days following receipt thereof by FR. If FR does not respond to an order for professional services prior to the end of five (5) business days following receipt thereof by FR then such order shall be deemed to have been rejected by FR. Once an order for standard professional services has been accepted by FR, FR will provide such standard professional services in accordance with a time frame mutually agreed by the parties and such standard professional services shall be subject to these terms (including schedule A). Once an order for custom professional services has been accepted by FR, the parties will negotiate a mutually acceptable Proposal for such custom professional services. Each Proposal executed by the parties for custom professional services shall be subject to these terms (including schedule A). Upon execution by the parties of Proposal for custom professional services, FR will provide the custom professional services described in such Proposal to you. Any terms and conditions added or appended by you to any order submitted for professional services that are in addition to or inconsistent with these terms (including schedule A) will be deemed stricken from such order and will not be binding on FR. You may also order professional services by specifying them in a pricing agreement executed by you and FR. Purchased professional services (including training) are non-refundable and any unused professional services (including training) will expire twenty-four (24) months from the date of purchase.