Terms of Use

 

A. General Terms

1. This document provides the Terms of Use under which Farmers, Farmer Organizations, Farmer Bodies, Corporate Bodies , Users (“User/s”, “User”, “you” and “your”) may use “Gramophone” a mobile application (herein after refer to as said “App/Gramophone”) which is owned and operated by Agstack Technologies Private Limited a Company Incorporated in India under the Companies Act, 1956, having its registered office at 41, Veer Savarkar Nagar, Indore – 452012

2. Please read these Terms of Use carefully before downloading, installing or using the App. By downloading, installing or using the Gramophone. By accessing and using the Application, the User accepts the Terms of Use and agrees to be bound by same. The Terms of use shall take effect on the date of download, install or use any new features that augment or enhance the App shall be subject to these Terms of Use. If User does not agree with these Terms of Use, then he/she should cease downloading, installing or using the same immediately.

3. By downloading, installing, accessing or using User acknowledges and agrees that he/she is legally competent and is entering into a legally binding contract with Agstack Technologies Private Limited in respect to his/her use of the App which contract includes all Supplementary Terms.

4. The User acknowledge and agree that a printed version of this contract and/or any electronic communication by Agstack Technologies Private Limited shall be admissible in judicial or administrative proceedings based upon or relating to this contract and/or your use of the App to same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

5. The App has been prepared and is downloadable in India in accordance with Indian law. If the App is accessed by User from outside India, User should ensure that such download is permissible and is in accordance with the laws of such jurisdiction. If User choose to access or use the “App” from or in locations outside India, User do so on User’s own initiative and are responsible for ensuring that what User is doing in that country is legal; and the consequences and compliance by User with all applicable laws, regulations, byelaws, codes of practice, licenses, registrations, permits and authorizations.

6. The User is responsible for all access to Gramophone through his/her mobile device/login id and for bringing these Terms of Use to the attention of all such persons.

7. The Use of the Gramophone does not include the provision of a mobile device or other necessary equipment to access it. To use the Gramophone User will require Internet connectivity and appropriate telecommunication links. We shall not have any responsibility or liability for any telephone or other costs User may incur in this respect.

8. Gramophone is available to selected Apps/platforms and would soon be released/made available on other Apps/platforms and in order to use Gramophone, the user is required to have a compatible App/Platform, internet access, and the necessary minimum specifications as above. The quality and availability of the App may be affected by factors like internet access and other factors beyond control of Gramophone.

9. The User shall not in any way use the Gramophone or submit to us or to the Gramophone or to any user of the Gramophone anything which in any respect to following:- is in breach of any law, statute, regulation or byelaw of any applicable jurisdiction; is fraudulent, criminal or unlawful; is inaccurate or out-of-date; may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political; impersonates any other person or body or misrepresents a relationship with any person or body; may infringe or breach the copyright or any intellectual property rights (including without limitation copyright, trade mark rights and broadcasting rights) or privacy or other rights of us or any third party; may be contrary to our interests; is contrary to any specific rule or requirement that we stipulate on the Gramophone in relation to a particular part of the Gramophone or the Gramophone generally; or involves User’s use, delivery or transmission of any viruses, unsolicited emails, trojan horses, trap doors, back doors, easter eggs, worms, time bombs, cancel bots or computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

10. The User agrees not to reproduce, duplicate, copy or re-sell Gramophone or any part thereof unless otherwise specified herein.

11. The User agree not to access the App without authority, interfere with, damage or disrupt:-any part of the Gramophone; any equipment or network on which the Gramophone is stored; any software used in the provision of the Gramophone; or any equipment or network or software owned or used by any third party.

12. The User hereby grants Gramophone an irrevocable, royalty-free, worldwide, assignable, sub-licensable license to use any material which User submit to us or the Gramophone for the purpose of use on the Gramophone or for generally marketing (by any means and in any media, including, but not limited to, on our website or in our journals) our services. The User agrees to waive his/her moral rights to be identified as the author and we may modify User’s submission.

13. The Commentary, data, information and other materials available and accessible through Gramophone are not intended to amount to advice on which reliance should be placed, unless specified otherwise. Subject to clauses below, we hereby disclaim all liability and responsibility arising from any reliance placed on such materials by any user of Gramophone, or by anyone who may be informed of any of its contents.

14. The User assumes sole responsibility for results obtained from the use of the Gramophone, and for conclusions drawn from such use. Subject to clauses below, we shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to us by User in connection with the Gramophone, or any actions taken by us at User’s direction.

15. The User agrees to comply at all times with any instructions for use of the Gramophone which we make from time to time.

16. If User chooses, or User is provided with, a user identification code, password or any other piece of information as part of our security procedures, User must treat such information as confidential, and User must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by User or allocated by us, at any time, if in our opinion User have failed to comply with any of the provisions of these Terms of Use.

B. Services

1. Gramophone is a mobile application where registered users would be able to access various information related to agriculture like weather forecasts, market prices, crop advisory and local, national & international news in the language of user’s choice (Services). The app may be upgraded from time to time with new features and services. The User is required to intimate itself about the latest feature and services available on Gramophone.

2. The User represents and warrant that:- all information you submit is truthful, current, complete and accurate; your use of Gramophone does not violate any applicable law or regulation;

3. Gramophone may, at its sole and absolute discretion and at any time, terminate your privilege to use this App for breach of any terms herein or any other reason.

4. The features and/or service displayed on the App may change or may be discontinued at any time without notice. The information on the App may be out of date and Gramophone makes no commitment to update these materials on the App.

5. Gramophone will be connected to Registered Users by way of various means including but not limited to sms, broadcast messages on Gramophone, calls, emails etc.

6. Both parties will keep confidential any non-public information that it receives about or in relation to the other party and shall not, without the consent of the other, disclose it to any third party nor to use it for any purpose other than in the performance of the Agreement.

7. The User agrees that Gramophone may collate, compile, archive use, transfer, create databases out of or otherwise deal with User’s personal data and use any part of it: (a) as reasonably necessary provide Service; (b) Service improvement and development of new products and/or services; (c) to inform and/or get in touch with Users about the availability of or engage in direct marketing efforts for newer products and/or services or Gramophone or Gramophone suppliers or counter parties (and for that purpose share Client or User’s personal data with those third parties), unless User has in each case opted out of receiving such communications

8. In order to take into account technological changes, Gramophone may by at least 30 days’ prior written notice require User to upgrade, change or replace any Device, infrastructure, software, hardware, equipment and/or communications link (together, Infrastructure) used by User to receive the Service. The User shall at its own cost comply with any such notice. The User acknowledges and accepts that any such changes may have an impact on the performance of Infrastructure

C. Limitation of Liability

1. We shall not be liable if for any reason the App is unavailable for any time or for any period. We make no warranty that User’s access to the App will be uninterrupted, timely or error-free. While we endeavour to ensure that information and materials on the App are correct, no warranty or representation, express or implied, is given that they are complete, accurate, up-to-date, fit for a particular purpose and, to the extent permitted by law, we do not accept any liability for any errors or omissions. The User understands and hereby agrees that, except as otherwise expressly stated and to the extent applicable by law, in no event will Gramophone and its affiliates be liable to any user or any other party for any damages, including but not limited to direct, indirect, special, consequential, or exemplary damages. The User understands and agrees that its use of the App is conditioned upon your waiver of any right against Gramophone and its affiliate, for damages or losses resulting from your use of the App.

D. Disclaimer of Warranties

Gramophone makes no warranties regarding the safety of the App and the accuracy of the content thereon. Each party represents and warrants that it shall perform its obligations so as to comply with applicable Central, state and local laws, ordinances and regulations. The users warrants that it own or otherwise have sufficient rights to grant the license granted to its proprietary material in compliance with all applicable laws and regulations including but not limited to any Indian patent, copyright, trademark, or trade secret law or regulation. The User further warrants that the use of its proprietary material will not infringe upon any intellectual property, or any other rights of any third party. Except as otherwise expressly provided, all content, information, services and tools and on this App are provided on an “As Is”, “As Available” basis and use of this Service is solely at your own risk. We expressly disclaims all warranties and conditions of any kind whether express or implied, including but not limited to, the implied warranty of merchantability, non-infringement, fitness for a particular purpose, and all implied warranties arising from statute, course of dealing, course of performance or usage of trade. Gramophone makes no warranty that the content and software are accurate, timely, uninterrupted, virus-free or ERROR-FREE. To the extent permissible by law, Gramophone expressly disclaims any and all other warranties.

E. Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

F. Independence from Platforms

The App is independent of any platform on which it is located. [Gramophone] is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, Apple, Google, Android or RIM Blackberry (each being an “Operator”). The Download, installation, access to or use of the App by User is also bound by the terms and conditions of the Operator.

G. IPR Rights

The [Gramophone] Application, services and materials made available on the App, and their selection and arrangement inclusive of trademarks, service marks, information and content, whether registered or not, are the sole property of Gramophone. The user acquires no right, titles or interest in any of the Gramophone Property. The User will not (and will not allow any third party to) copy, modify, or have any rights over Gramophone property, except as expressly provided herein.

H. Gramophone’s Replacement Guarantee*

The return policy period (Gramophone’s Replacement Guarantee) depends on the product category and the seller. Kindly see our return policy period applicable for different categories. If at the time of delivery and/or within the applicable return policy period, if any defect is found, then the buyer of the product/s can ask for replacement of the product/s from the seller subject to the following terms and conditions:

1. Notify us of any defects in the product/s at the time of delivery of the product/s and/or within the applicable return policy period and the same product/s will be replaced in return of the defective product/s.

2. Replacement can be for the entire product/s or part/s of the product subject to availability of the same with the seller.

Following products shall not be eligible for return or replacement:

Damages due to misuse of product;

Incidental damage due to malfunctioning of product;

Any consumable item which has been used/installed;

Products with tampered or missing identification numbers;

Any damage/defect which are not covered under the manufacturer’s warranty

Any product that is returned without all original packaging and accessories, including the box, manufacturer’s packaging if any, and all other items originally included with the product/s delivered;

Anything which is ‘made to order’ on customer’s request

I. Entire Agreement

These Terms and Conditions shall govern the relationship between Gramophone and the User. If you have any questions about them, please contact us at info@gramophone.co.in or on our registered contact number provided on the Website/App