TERMS OF USE
This document is an electronic record in terms of the Information Technology Act, 2000 (as may be amended, modified, re-enacted, consolidated or replaced from time to time) and rules thereunder pertaining to electronic records in various statutes as applicable and amended from time to time, and is published in accordance with the provisions of Rule 3 of the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021 which mandates the publishing of rules and regulations, privacy policy and the terms and conditions for access or usage of the RMSI CROPALYTICS platforms, namely, https://www.rmsi.com/products/pincer/ (“Website”), and mobile application (“Application”) for Android and iOS devices (hereinafter collectively referred to as the “Platforms”). By visiting or accessing the Platforms, you accept the conditions of use. Please read them carefully.
For the purpose of these Terms of Use, wherever the context so requires, “You”, “Your” and “User (s)” shall mean any natural or legal person who has agreed to become a service recipient on the Platform by visiting or accessing the Platform(s). The terms “RMSI CROPALYTICS”, “We”, “Us”, “Our” shall have the meaning as RMSI Cropalytics Private Limited, a private limited company duly incorporated under the Companies Act, 2013 and having its registered office at 50/9, 1st Floor Tolstoy Lane, Janpath, New Delhi, Central Delhi – 110001, India. (hereinabove & hereinafter referred as “RMSI Cropalytics”
By mere use of and/or access to the Platforms, Users understand that they are contracting with RMSI Cropalytics. Users also understand that RMSI Cropalytics shall remain the sole owner of the Platforms.
The Users by using/ accessing the Platforms and by providing any information through the Platforms, impliedly or expressly, hereby accept these Terms of Use and enter into a binding contract with RMSI Cropalytics. It is thereby acknowledged that the Users have read, understood these Terms of Use and are bound by them, regardless of how the Users or anyone on the User’s behalf has accessed or used on the Platforms. If the User does not want to be bound by the Terms of Use, they must not retain, access and/or use the Platform in any manner whatsoever. Anything done, caused to be done, whether expressly or impliedly, in contravention of these Terms of Use, may render the User liable for legal action.
Downloading Our mobile application from Google Play Store or Apple App Store, the User will also be subject to Google Play Terms of Service or Apple App Store Terms of Service, respectively. If there is any conflict between Google Play Store Terms of Service or Apple App Store Terms of Service and these Terms of Use with respect to a User’s use of the android and/or iOS mobile platform application, then, these Terms of Use shall prevail.
1. DEFINITIONS
In these Terms and Conditions, references to:
“Client” means an external company who has collaborated with RMSI Cropalytics by virtue of the agreement/ memorandum of understanding.
1.2. “Platform” means the website(s), apps, platforms and/or other devices of rmsicropalytics.com and its business partners on or through which the Service is (made) available.
1.3. “Services” shall include but not be limited to services made available for Users, for the purpose of accessing various information related to agriculture which shall include but not be limited to alerts and advisories pertaining to the weather forecasts, market prices, crop advisory, alerts/notifications regarding advisories, farming practices, guidance on adoption of best agriculture practices and local, national, and international news in the language of Users provided by the Client from the Platform, from time to time.
1.4. “User(s)” shall mean an individual who are resident in India.
1.5. “User Account” shall have the meaning ascribed to it under section 2.2 hereinbelow.
2. ELIGIBILITY
2.1. LEGAL CAPACITY AND AGE OF CONSENT:Our Services are restricted to Users who are 18 (Eighteen) years of age or older. We do not permit Users under the age of 18 (Eighteen) on Our platform and We do not knowingly collect personal information from anyone under the age of 18. Accessibility is limited only to those who are not prohibited from entering into a contract of service of this kind by laws applicable in their competent jurisdiction. With this understanding, You specifically agree that by using the Platforms, You are at least 18 (Eighteen) years of age and you are competent under law to enter into a legally binding and enforceable contract.
2.2. YOUR ACCOUNT AND REGISTRATION OBLIGATIONS: To enable Your access and use of the Services listed on the Platforms, You are obligated to register on the Platform by providing certain information which shall be verified with a one-time password to Your mobile number. Upon successful registration on the Platforms, the User(s) will be entitled to a virtual space (“User Account”) which shall be utilized solely to browse and explore the Services that may be offered to the Users of the Platform and is not to be utilized for any other non-permitted purposes. If You use the Platform(s), You shall be responsible for maintaining the confidentiality of Your display name and password and You shall be responsible for all activities that occur under Your display name and password. You agree that if You provide any information that is untrue, inaccurate, not current, or incomplete, or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with these Terms of Use, We have the right to indefinitely suspend or terminate or block access of Your Account on the Platform and cease Your access to the Platform(s).
2.3. You agree that You shall not (i) select or use as a username, a name of another person with the intent to impersonate that person; (ii) use as a username, a name that is otherwise offensive, vulgar, or obscene. The RMSI Cropalytics reserves the right to refuse registration of or cancel a username in its sole discretion. You will be solely responsible for any and all activity that takes place in or through Your account.
2.4. Your contact number, as made available to Us, is treated as Your primary identification on the Platform. It is Your responsibility to ensure that the contact number provided on the Platform is valid and always remains updated. You agree to promptly notify the mobile phone number and/or e-mail address in case of any change therein, by updating the same on the User Account through a onetime password verification.
2.5. You fully acknowledge and understand that You shall be solely liable and responsible for all the activities undertaken under Your Account and any consequences therefrom.
3. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
The information on the Platforms is not guaranteed to be correct, complete, or up to date. The material and information provided on the Platforms are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on the Platforms are at Your own risk. The Platforms may contain certain historical information. Historical information, necessarily, is not current and is provided for Your reference only. We reserve the right (not being an obligation) to modify the contents of the Platforms at any time and it shall be Your responsibility to monitor changes to the Platform.
4. COMMUNICATIONS
When You use the Platform or send e-mails or other data, information or communication to Us, You agree and understand that You are communicating with the Client via Our Platform through electronic records as Client shall have access to all the e-mails, data, information or any other correspondence entered by You on the Platform and Client shall be able to communicate directly with You via Our Platform. Further, You consent to receive communications via electronic records from the Client via Our Platform periodically or as and when required. We or Client, as the case may be, may communicate with You by e-mail or by such other mode of communication, electronic or otherwise.
5. RENDERING OF SERVICES
5.1. For the purpose of providing the Services through the Platform, the Client shall be responsible for providing field facing agents to the RMSI Cropalytics. These field facing agents shall visit villages, attend gram panchayat meetings, independently interact with the farmers etc. and further, be responsible for spreading awareness regarding the Services provided by RMSI Cropalytics through its Platform. On the basis of the awareness or information provided by these field facing agents, if farmers are interested in availing the Services, then they can create User Account either on their own or can provide such information to the field facing agent(s) who can create User Account on behalf of the information provided by the farmer(s). It is further clarified that all the data collected by the field facing agents shall be submitted to the RMSI Cropalytics who shall then upload such data collected from User(s) on the Platform and the User(s) can then avail the respective Services through the Platform, as per their individual requirement.
5.2. You acknowledge and agree that RMSI Cropalytics solely acts as enablers or facilitators between the User(s) and the field facing agents. Prior to availing the requisite Service(s) listed on the Platforms, the User will be directed to provide relevant information including but not limited to name, mobile number, e-mail address. User assures and affirms that the aforesaid information provided is correct, complete, and accurate. Any failure in receiving the necessary Service(s) arising out of the User’s failure to provide correct, complete, and accurate information shall not be attributable to RMSI Cropalytics and consequently, RMSI Cropalytics shall not be held liable at any point in time.
5.3. While We will make reasonable efforts in ensuring the delivery of Service(s) to the User in a timely manner, the User understands that delivering the same may sometimes be delayed on account of:
5.3.1.Reasons and issues beyond Our control;
5.3.2.Unsuitable/intermittent connectivity conditions;
5.3.3.Disruptions in data or telecom networks by default of third party, etc.;
5.3.4.Acts of God such as floods, earthquakes, etc.; and
5.3.5.Any other unforeseen circumstances beyond Our control.
5.4. In such events of delay as laid out in clause 5.3 above, We shall make all reasonable efforts to intimate the User in writing, on his/her mobile number and/or registered email. We disclaim all liabilities that may arise on account of failure to intimate User of anticipated delays in delivering the Service(s) availed through the Platform.
6. USE OF THIS PLATFORM
6.1. This Platform is for User’s personal use. User shall not copy, replicate, modify, distribute, display, perform, create derivative works from, transfer or sell any information (including the content hosted on the Platform such as articles, audio clips, videos, etc.), software, products or services obtained from this Platform whether printed, visual, electronic, e-mail forwarding, digital transmission, scanned, website re-cycled or any other form of material except where expressly noted that the material is available for such purpose. As a condition of User’s use of this Platform, User hereby warrant that User will not use this Platform for any purpose that is unlawful or prohibited by these Terms and Conditions of Use or otherwise.
6.2. User further agree and acknowledge that any unauthorized or unlawful use of this Platform would result in irreparable injury to the RMSI Cropalytics for which monetary damages may be inadequate, and in such event RMSI Cropalytics, shall have the right, in addition to other remedies available at law and in equity, to obtain immediate injunctive relief against User. Nothing contained in these Terms and Conditions of Use shall be construed to limit remedies available pursuant to statutory or other claims that RMSI Cropalytics may have under separate legal authority.
7. GENERAL CONDITIONS
7.1. RMSI Cropalytics reserves the right to refuse Service to anyone for any reason at any time.
7.2. Users(s) understand that the content may be transferred unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices.
7.3. RMSI Cropalytics reserves the right to add, amend or discontinue, temporarily or permanently, any of its Services (or any part thereof) in future offered through the Platform or the design and functionality of the Platform, with or without notice and/or reason(s). User agrees that RMSI Cropalytics shall not be liable either to User or to any third party for any modification, suspension or discontinuance of any of the Services including without limitation any failure of performance, error, omission, interruption, deletion, loss of information, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortuous actions, negligence, or under any other cause or action.
8. PROHIBITED ACTIONS FOR USERS
8.1. We outrightly prohibit You from the following actions:
8.1.1. use the Platforms for any purpose other than as expressly permitted by Us.
8.1.2. not to hold Us responsible for any links to other websites or application which are beyond Our control.
8.1.3. not to hold Us responsible for the third-party advertisements that may be placed/made use of on the Platform. You acknowledge that such advertisements are placed by third parties, and We are not directly or indirectly responsible for such advertisement or for any links contained therein.
8.1.4. not to unauthorize Us from using the user generated content on the Platform for any of the business purposes, even following the termination of Your registration.
8.1.5. post on the Platform any content, whether or not containing links, for any of Our competitor.
8.1.6. the Platform or any portion of this Platform may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of RMSI Cropalytics. You may not systematically extract and/or re-utilize parts of the contents of the Platform without the express written consent of RMSI Cropalytics. 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-utilization of any substantial parts of the Platform without the express written consent of RMSI Cropalytics.
8.1.7. collect, post, or submit on this Platform any incomplete, fictitious, false, or inaccurate information.
8.1.8. aggregate, copy or duplicate in any manner any content or information available from this Platforms.
8.1.9. upload, share or otherwise distribute any text, graphics, images, videos, or data which victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability.
9. RELEASE AND LIMITATIONS OF LIABILIT
9.1. Users shall access the Platform voluntarily and at their own risk. We shall under no circumstances be held responsible or liable on account of any loss or damage sustained (including but not limited to any accident, injury, death, loss of property) by Users or any other person or entity during the course of access to and/or use of the Platform, including claims based on malpractice.
9.2. By accessing the Platform, Users hereby release from and agree to indemnify Us, and/or any of Our directors, employees, partners, associates, and licensors, against all liability, cost, loss, or expense arising out of their access to the Platform including but not limited to personal injury and damage to crop, whether direct, indirect, consequential, or foreseeable, caused due to any negligent act or omission on their part, or otherwise.
9.3. Users shall be solely responsible for any consequence which may arise due to their access and use of the Platform, including conducting an illegal/fraudulent act or non-conformity with these Terms of Use and other rules and regulations in relation to the Platform, including provision of incorrect address or other personal details. Users also undertake to indemnify Us and Our respective officers, directors, employees, and agents on the happening of such an event (including without limitation, cost of attorney, etc.) on full indemnity basis for any loss/damage suffered by Us on account of such act on the part of the Users.
10. GOVERNING LAW AND DISPUTE RESOLUTION
These terms shall be governed by and constructed in accordance with the applicable laws of India without reference to conflict of laws, principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, fora, applicable authorities at New Delhi.
11. WAIVER
Any failure or delay by a party to enforce or exercise any provision of these Terms of Use, or any related right, shall not constitute a waiver by such party of that provision or right. To clarify, if a User breaches any of these conditions and We do not initiate any action against the same, We will still be entitled to use our rights and remedies in any other situation where You breach these conditions. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.
12. MISCELLANEOUS
12.1. We may be required under applicable law, to notify Users of certain events. User hereby acknowledges and consents that such notices will be effective upon Our posting them on the Platform or delivering them to the User through the email address provided by the User at the time of registration. User (s) may update their email address by logging into their account on the Platform. If they do not provide Us with accurate information, We shall not be held liable for failure to notify the User.
12.2. We shall not be liable for any delay or failure to perform resulting from causes outside Our reasonable control, including but not limited to any failure to perform due to unforeseen circumstances or cause beyond Our control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, epidemic, pandemic, government orders or guidelines or shortages of transportation facilities, fuel, energy, labor or materials.
12.3. Users agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Platform or these Terms must be filed within 15 (fifteen) days of such claim or cause of action arising or be forever barred from making the claim.
12.4. The Platform along with the Services provided through the Platform is controlled and operated by RMSI Cropalytics. All materials on the Platform are protected by copyrights, trademarks, trade secrets, and other intellectual property rights thereon, all of which vest exclusively with RMSI Cropalytics
12.5. If any part of these Terms of Use is determined to be indefinite, invalid, or otherwise unenforceable, the rest of these Terms of Use shall continue in full force.
12.6. We reserve the right to moderate, restrict or ban the use of the Platform, specifically to any User, or generally, in accordance with Our policy/policies amended from time to time, at Our sole and absolute discretion and without any notice.
12.7. We may, at Our sole and absolute discretion, permanently close or temporarily suspend any Services provided on the Platform.
13. DISCLAIMERS
13.1. Unless otherwise explicitly specified, We are not affiliated in any way to and claim no association, in any capacity whatsoever, with any organization, association, institution, business, trust, authority, governing bodies and leagues, whether local or national or international.
13.2. In no event, RMSI Cropalytics shall be liable to any User on account of such User’s use or reliance on the information or Services provided on the Platform, for any damages whatsoever, including direct, special, punitive, indirect, consequential, or incidental damages or damages for tort (including negligence), even if RMSI Cropalytics is aware of or has been advised of the possibility of such damage, arising out of, or connected with the use of the Platform. RMSI Cropalytics does not assume any legal liability or responsibility for the accuracy, completeness or usefulness of any information disclosed or provided on the Platform.
13.3. To the extent permitted under law, We shall not be responsible for any harm resulting from downloading or accessing any information or material vide the Platform, the quality of servers. We disclaim any responsibility for any technical glitches on the servers or the technology that underlies Our Platforms, failures by service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of Our facilities, acts of nature, war, civil disturbance, or any other cause beyond Our reasonable control, which affect the functioning of the Platform(s).
13.4. Any material accessed, downloaded, or otherwise obtained through Us and/or the Platform shall be User’s sole discretion, competence, acceptance, and risk. The User will be solely responsible for any potential damage to User’s computer system/mobile or loss of data that results from a User’s download of any such material.
13.5. We shall make best endeavors to ensure that the Platform and experience through it is error-free and secure, however, We do not make any warranty that:
13.5.1. the Platforms will meet Users’ requirements;
13.5.2. The Platforms will be uninterrupted, timely, secure, or error free;
13.5.3. the listings on the Platform will be accurate or reliable; and
13.5.4. the quality of Services, information, or other material that Users avail or obtain through the Platform will meet Users’ expectations.
13.6. To the extent permitted under law, We shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of or inability to use Our website/mobile application, even if We have been advised of the possibility of such damages.
14. CONTACT AND COMPLAINT
14.1. In the event the User has any questions, feedback, suggestions, experience, comments, and requests (“Feedback”) regarding these Terms of Use such respective User may address the same to the designated grievance officer in respect of the Platform. Any complaints or concerns with regards to any content on the Platform or any breach of the Privacy Policy or Terms of Use or any other policy can be directed to the designated officer in writing and the details are as follows:
RMSI Cropalytics Private Limited
50/9, 1st Floor Tolstoy Lane, Janpath, New Delhi, Central Delhi – 110001, India
(a) The Feedback, complaint or concern shall be deemed to be non-confidential and non-compensatory in nature. RMSI Cropalytics reserves the right, at its sole discretion to use such information in any manner as may be deemed appropriate by RMSI Cropalytics and such use shall be entirely unrestricted.
14.2. User further represent and warrant that while posting any Feedback for the Platforms, User shall not use any offensive, libellous, derogatory, hateful, or racially or ethnically objectionable language. Further, User shall not post any content on any part on the Platform that is obscene, pornographic and that all such Feedback will be in accordance with the applicable law.
By clicking the check box, you indicate that you have read and agree to our Terms of Use.