Agstack Technologies Pvt. Ltd., having its office on the 3rd floor, Plot Number 158-159, Scheme Number 54 PU-4, Indore 452010, owns and operates this Agritech E-Commerce, Content sharing, Social Networking Platform under the brand name “Gramophone”, (the “Service(s)”). The Services are made available by way of mobile applications along with associated mobile sites, applications and other variants (“Platform”).
As a user (“User” or “You”) of the Platform, You understand that Gramophone is a technology platform providing access between multiple users in the form of various registered consumers, farmers, farmers societies or groups, data partners, other vendors and service providers assisting farmers etc. with a view to facilitating awareness and knowledge with products in farming, about irrigation, seeds, crop nutrition, farm machinery, organic farming and even about animal husbandry, kitchen & garden to the Users.
Please read these Terms & Conditions carefully before accessing or using our Platform or any part thereof. By accessing or using any part of the Platform, You agree to be bound by these Terms & Conditions. If You do not agree to all the terms and conditions of this agreement, then You may not access the Platform or use any services provided by Us.
These Terms and Conditions form a legal and binding agreement between the User and Us and is made pursuant to the terms of the Information Technology Act, 2000.
The App provides access to an online platform bringing together farmers and their groups, vendors and service providers assisting farmers and data partners who are willing to abide by the Terms & Conditions herein. Gramophone is merely a facilitator providing the Platform for farmers and their groups in need of the right awareness and knowledge about farming, seeds, crop nutrition, farm machinery, organic farming, Crop trade and even animal husbandry, kitchen & garden and other related agricultural topics.
Gramophone merely facilitates awareness in Users about farming and related services as stated above and the option to choose the related products.
In the event You wish to avail of any of the services or products displayed on the Platform, You will be required to register yourself on the platform.
Gramophone provides various services, including but not limited to (“Services”):
Users can access the details provided on the Platform with regard to various seeds, farming and growing vegetables, crops, growth, nutrition and protection of crops, organic farming, Crop trade, kitchen and garden products regarding the farming machinery, seeds, crops, pulses, vegetables etc.
Users can pick and choose farming supplies/products and add them to their Bag/Cart for purchasing. Users can also create a Sale any Buy Listing of Crops for trade.
In the event, You have registered Your phone number on the ‘Do Not Disturb’ registers with Your network provider, You shall ensure to take all steps to enable the Company’s representative’s to contact You via phone to provide details and You shall ensure that such calls received by You are pursuant to You providing Us with information and You shall not register a complaint with the relevant authorities for the same.
The User of this App unequivocally declares and agrees that the User is a natural/legal person who has attained the age of at least 18 years and is legally allowed to enter into a contract in India. The User is allowed to utilize the Services in accordance with the terms and conditions detailed hereinafter. By registering on the Website / App, the User hereby undertakes to agree and abide by the Terms & Conditions detailed herein. If the User violates any of these Terms & Conditions or otherwise violates an agreement entered into through the medium of the App, Gramophone may terminate the User’s membership, delete his/her profile and any content or information posted online by the User on the Platform or prohibit the User from using or accessing the Platform at any time in its sole discretion, with or without notice, including without limitation if Gramophone believes that User is under the age of 18 years.
You are advised to read and understand the said Terms & Conditions and in case You do not wish to agree to these Terms & Conditions, please refrain from using or accessing the Platform or any part thereof.
Gramophone reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms & Conditions or any other terms appearing on the platform, at any time without any prior written notice to the User. It is the User’s responsibility to review these Terms & Conditions and other terms periodically for any updates/ changes. User’s continued access or use of the App or following the modification of these Terms and Conditions or such other terms will imply the acceptance by the User of the revisions.
If You wish to use the Platform, You are required to maintain an account on the App, as the case may be, and You will be required to furnish certain information and details, including Your name, email id, contact number and any other information deemed necessary by Gramophone. We may also seek additional information if You wish to avail of financial services from our lending partners for the purpose of accepting Your eligibility for the financial products offered on our Platform through various regulated financial institutions.
You are responsible for maintaining the confidentiality and security of Your account, password, activities that occur in or through Your account and for restricting access to Your computer or mobile, as the case may be, to prevent unauthorized access to Your account. You agree to accept responsibility for all activities that occur under Your account or password, computer, mobile etc. You should take all necessary steps to ensure that the password is kept confidential and secure and You should inform Us immediately if You have any reason to believe that Your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner.
Please ensure that the details You provide to Us are true, correct, accurate and complete. Upon Gramophone gaining knowledge of having any reasonable suspicion that the information provided by You is wrong, inaccurate or incorrect, Gramophone shall immediately terminate Your account without any notice to You in this regard and shall retain the information as become available from your access through a computer, mobile etc and shall take such action as the Gramophone deem fit. In the event of any changes to the information shared by You after registering Yourself on the Platform, You shall be responsible for forthwith notifying the said changes to Us. You can access and update most of the information You provided us on Your account area in the Apps/Platforms after You log in or by writing to Us at [firstname.lastname@example.org]. The right to use this Platform is personal to the User and is not transferable to any other person or entity.
You shall at all times abide by the Terms and Conditions stated herein and any breach of these conditions may also lead to Gramophone terminating Your account and appropriate civil and criminal remedies will be sought against You as provided under the laws of India.
Gramophone grants You a limited, non-transferable and revocable, temporary license to access and use the Platform or any part thereof for availing the Services, but not to download any material from it (other than page caching) or modify it, or any portion of it, except with express wrote consent of Gramophone and/or its affiliates, as may be applicable. Any unauthorized access to the Platform (or any part thereof) or any networks, servers or computer systems connected to Platform and any attempt to modify, adapt, translate or reverse engineer any part of the Platform or re-format or frame any portion of the pages of the Platform save to the extent expressly permitted by these Terms & Conditions, is not permitted.
This license is non-transferable and does not permit any resale or commercial use of this Platform or its contents; any downloading or copying of account information for the benefit of anyone other than Your own use; or any use of data mining, robots, or similar data gathering and extraction tools. The Platform or any portion of the Platform (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 express written consent of Gramophone and / or its affiliates, as may be applicable. Any unauthorized use of the Platform shall terminate the permission or revoke the license granted by Gramophone.
You are permitted to use content delivered to You through the Service. You may not copy, reproduce, distribute, or create derivative works from this content. Further, You agree not to reverse engineer or reverse compile any of the Service technology, including but not limited to, any Java applets associated with the Service.
Gramophone has the right and liberty to monitor the content of the Platform or any part thereof at all times which shall include information provided in Your account. The monitoring of the App / Platform is important to determine the veracity of the information provided by You and that every User remains in consonance with the Terms & Conditions provided herein. Subject to the Terms & Conditions mentioned herein, Gramophone shall also have the liberty to remove any objectionable content which is in contravention of the Terms & Conditions or any applicable laws in force in India or share such information with any governmental authority as per procedures laid down by the law for the time being in force in India.
Gramophone may wish to stop providing the Services and may terminate use of it at any time without giving notice of termination to You. Unless Gramophone informs the User otherwise, upon any termination, (a) the rights and licenses granted to You in these Terms and Conditions will end; and (b) the User must stop using the Platform or any part thereof forthwith. Gramophone reserves the right to suspend or cease providing any Service and shall have no liability or responsibility to the User in any manner whatsoever.
In addition to other prohibitions as set forth in the Terms & Conditions, You are prohibited from using the Platform: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate Your use of the Service or any related website for violating any of the prohibited uses.
Notwithstanding anything to the contrary contained herein, neither Gramophone nor its affiliated companies, subsidiaries, officers, directors, employees or any related party shall have any liability to You or to any third party for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or relating to these Terms & Conditions. To the maximum extent permitted by law, You waive, release, discharge and hold harmless Gramophone, its affiliated and subsidiary companies, and each of their directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of Your accessing or use of the Platform / App.
As a User, You also acknowledge that Gramophone has maintained and carried out all possible checks and balances to assure the credibility of the Users as listed on the Platform. The information provided on the Website / App is based on the information that is provided to Gramophone by its Users. In case the User does not disclose any information to Gramophone, and the same is not found out at the first instance by Gramophone,
Gramophone shall not be responsible for any claims or liabilities. Gramophone in any event is not responsible for any default in return of money that is borrowed from the financial partners and the financial partners shall have the exclusive right to initiate proceedings against the defaulter borrower. Gramophone shall to the best of its abilities aid the concerned User in terms of provision of information to initiate any legal proceedings. However, Gramophone shall not be responsible for any default on behalf of the User. Gramophone is merely an information technology platform and the User is entitled to conduct their own diligence before taking any steps to initiate the processes outlined on the Platform or any part thereof.
Gramophone does not make any representations or warranties on behalf of the accuracy of the knowledge provided, services, third party products provided in the platform. Farming techniques, the responsiveness of seeds, crop growth, overall farming, its expected result, quality and quantity of crops produced could differ and vary depending on a lot of external factors including but not limited to change in climate, soil, water, atmosphere etc. Even otherwise, Gramophone shall not be liable whatsoever.
Gramophone makes no representations or warranties about the accuracy, reliability, completeness, current-ness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the App or that the operation of the App will be error-free and/or uninterrupted. Consequently, Gramophone assumes no liability whatsoever for any monetary or other damage suffered by You on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the App; and/or any interruption or errors in the operation of the App. This limitation of liability clause shall prevail over any conflicting or inconsistent provision contained in any of the documents/content comprising these Terms & Conditions. It is up to You to take precautions to ensure that whatever You select for Your use is free of such items as viruses, worms, malware, Trojan horses and other items of a destructive nature.
Your Access or Use of the Service and All Information, Products and Other Content (Including That of Third Parties) Included in or Accessible From the Service Is at Your Sole Risk. The Service Is Provided on an “as Is” and “As Available” Basis. Gramophone Expressly Disclaims All Warranties of Any Kind as to the Service and All Information, Products and Other Content (Including That of Third Parties) Included in or Accessible From the Service, Whether Express or Implied, Including, but Not Limited to the Implied Warranties of Merchantability, Fitness for a Particular Purpose and Noninfringement. Gramophone Further Makes No Warranty That (I) the Service Will Meet Your Requirements, (Ii) the Service Will Be Uninterrupted, Timely, Secure, or Error-free, (Iii) the Results That May Be Obtained From the Use of the Service Will Be Accurate or Reliable, (Iv) the Quality of Any Products, Services, Information, or Other Material Purchased or Obtained by You Through the Service Will Meet Your Expectations, or (V) Any Errors in the Technology Will Be Corrected and You Are Solely Responsible for Any Damage to Your Computer System or Loss of Data That Results From the Download of Any Such Material. No Advice or Information, Whether Oral Or Written, Obtained by You From Gramophone Through or From the Service Will Create Any Warranty Not Expressly Stated in These Terms.
You Further Agree That Neither Gramophone or Third Party Service Provider Nor Any of Their Affiliates, Account Providers or Any of Their Affiliates Will Be Liable for Any Harms, Which Lawyers and Courts Often Call as Direct, Indirect, Incidental, Special, Consequential or Exemplary Damages, Including, but Not Limited to, Damages for Loss of Profits, Goodwill, Use, Data or Other Intangible Losses, Even if Company or Service Provider Has Been Advised of the Possibility of Such Damages, Resulting From: (I) the Use or the Inability to Use the Service / Platform; (Ii) the Cost of Getting Substitute Goods and Services, (Iii) Any Products, Data, Information or Services Purchased or Obtained or Messages Received or Transactions Entered Into, Through or From the Service; (Iv) Unauthorized Access to or Alteration of Your Transmissions or Data; (V) Statements or Conduct of Anyone on the Service; Even if the Provider Has Been Advised Previously of the Possibility of Such Damages; or (Vii) Any Other Matter Relating to the Service. The Maximum Liability of Gramophone Shall Is Limited to the Amount Actually Paid by You to the Company for the Service.
You agree to indemnify, save, and hold Gramophone, its affiliates, contractors, employees, officers, directors, agents and its third-party associates, licensors, and partners harmless from any and all claims, demands, losses, damages, liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to Your access, use or misuse of the Services or of the App or Platform, any violation by You of these Terms & Conditions, or any breach of the representations, warranties, and covenants made by You herein or Your infringement of any intellectual property or other rights of any person or entity, or as a result of any threatening, libellous, obscene, harassing or offensive material posted/ transmitted by You on the App. Gramophone reserves the right, at Your expense, to assume the exclusive defence and control of any matter for which You are required to indemnify Gramophone, including rights to settle, and You agree to cooperate with Gramophones’ defence and settlement of these claims. Gramophone will use reasonable efforts to notify You of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of these Terms & Conditions.
Gramophone accepts no responsibility for advertisements contained within the Platform or any part thereof. Gramophone has no control over and accepts no responsibility for the content of any website or mobile application to which a link from the Platform or any part thereof exists. Such linked websites and mobile applications are provided “as is” for the User’s convenience only with no warranty, express or implied, for the information provided within them or the veracity thereof. Gramophone does not provide any endorsement or recommendation of any third-party website or mobile application to which the Platform or a part thereof provides a link. Further, You consent and agree that the Content provided in the Website and the App shall be synced and shall be available in both mediums.
If at Gramophone’s request, You send certain specific submissions (for example contest entries) or without a request from Us, You send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), You agree that We may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that You forward to Us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
You agree that Your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or another personal or proprietary right. You further agree that Your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than Yourself, or otherwise mislead Us or third parties as to the origin of any comments. You are solely responsible for any comments You make and their accuracy. We take no responsibility and assume no liability for any comments posted by You or any third party.
You are licensing to Gramophone and its service providers, any information, data, passwords, materials or other content (collectively, “Content”) You provide through or to the Service. Company and service provider of Company may use, modify, display, distribute and create new material using such Content to provide the Service to You. We may also use, sell, license, reproduce, distribute and disclose aggregate, non-personally identifiable information that is derived through Your use of the Service. By submitting Content, You automatically agree or promise that the owner of such Content has expressly agreed that, without any particular time limit, and without the payment of any fees, Gramophone and its third-party service provider may use the Content for the purposes set out above. As between Gramophone and third-party service provider, Company owns Your confidential account information.
You acknowledge that Gramophone is merely a technology platform for awareness of farming and its related products and services. You acknowledge that the use of the products or services is entirely based on the wisdom of the Users and neither Gramophone nor its affiliates, contractors, employees, officers, directors, agents and its third-party associates, licensors, and partners have no liability products assistance procured by or to a registered User. You acknowledge that Gramophone will not be responsible for any claim or damage in case of use of the services or products or access of platform or mobile app. Gramophone in no manner warrants or guarantees the performance of a third-party service provider that is providing services through the App, if any. You acknowledge that Gramophone in no manner guarantees that the Users have provided all the information on this Website / App which is true and correct including his address, phone numbers etc. You acknowledge that it is Your responsibility to verify the information about the person on the Platform and Gramophone is in no manner liable if the information provided on this App is untrue or incorrect. You acknowledge that Gramophone is in no manner responsible for any claim of money in case of fraud or cheating or any other such illegal act.
Your use of this Platform and any Term & Conditions stated in this agreement is subject to the laws of India. In case of any disputes arising out of the use of the Platform or any part thereof, the Courts of Mumbai, Maharashtra will have exclusive jurisdiction.