Terms of Service ("Terms")

Last updated: 08 August 2022

 

NEERX TECHNOVATION PRIVATE LIMITED (the “Company”, “NEERX”, “we”, “us” or “our”) owns and operates the NEERX website (collectively “Site”), NEERX app, all related widgets, tools, applications, data, software, APIs, mobile, tablet and other smart device applications (collectively, "Application"); and Services (as defined herein below).
 

The Site and the Application together are hereinafter collectively referred to as the "Platform"

These terms of use (“Terms of Use”) constitute a binding and enforceable legal contract between the Company and the user of the Platform (“you”, “your” or “user”) and govern the provision of NEERX Service (“Services”) on the Platform. The Services would be made available to such natural persons who have agreed to use the Platform after obtaining due registration, in accordance with the procedure as determined by us, from time to time.

 

These Terms are published in compliance of, and are governed by the provisions of Indian law (as amended from time to time). It is not mandatory to register to visit or access the Site. However, access to certain features/ services on the Platform is only available to registered users. When You use the Platform, You will be subject to the rules, guidelines, policies, terms, and conditions applicable to any service, and they shall be deemed to be incorporated into these Terms and shall be considered as part and parcel of these Terms. These Terms are subject to change at any time without notice. To make sure You are aware of any changes, please review these Terms periodically. Continued use of the Platform or Services after any such changes shall constitute Your consent to such changes.

By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by the Privacy Policy available on the Site, as amended from time to time ("Privacy Policy").

 

Third Party and Listing Services

The Services may include services, content, documents and information owned by, licensed to, or otherwise made available by a third party (“Third Party Services”) or contain links to Third Party Services. Such Third Party Services are the responsibility of the third party that created or provided the services, and their use is solely at your own risk.

We make no representations and expressly exclude all warranties and liabilities arising out of or in relation to Listing Services and Third-Party Services. All intellectual property rights in and to Listing Services and Third Party Services are the property of the respective third parties.

 

Links to third party websites

The Platform may include references or hypertext links for products or services provided by third parties. This information is provided for your convenience, and does not constitute an endorsement of the content of third party websites. We shall in no way be responsible in any way for your use of such sites or any errors or representations on third party sites. You access third party sites at your own risk. We recommend that you check the policy of each website / app you visit to better understand your rights and obligations, especially when you are submitting any type of content to those third-party websites. Please contact the owner or administrator or operator of such websites / apps if you have any concerns or questions.

 

Changes to these Terms of Use‍

We may update our Terms of Use or Privacy Policy from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms of Use or Privacy Policy (as the case may be) on this page. These changes are effective immediately after they are posted on this page.

 

Use of Content

All logos, brands, marks headings, labels, names, signatures, numerals, shapes or any combinations thereof, appearing on the Platform, except as otherwise noted, are properties either owned, or used under licence, by the business and / or its associate entities who feature on the Platform. The use of these properties or any other content on the Platform, except as provided in these Terms of Use or on the Platform, is strictly prohibited.

You may not sell or modify the content of this Platform or reproduce, display, publicly perform, distribute, or otherwise use the materials in any way for any public or commercial purpose without the respective organisation’s or entity’s written permission.

 

Security Rules

Users are prohibited from violating or attempting to violate the security of the Platform, including, without limitation, (1) accessing data not intended for such user or logging into a server or account which the user is not authorised to access, (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation, (3) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a "virus" or "Trojan horse" to the Platform, overloading, "flooding", "bombing" or "crashing", or (4) sending unsolicited electronic mail, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability. The business and / or its associate entities will have the right to investigate occurrences that they suspect as involving such violations and will have the right to involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

 

General Rules

Users may not use the Platform in order to transmit, distribute, store or destroy material (a) that could constitute or encourage conduct that would be considered a criminal offence or violate any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity of other personal rights of others, or (c) that is libellous, defamatory, pornographic, profane, obscene, threatening, abusive or hateful.

You acknowledge that from time to time, NEERX may apply Upgrades (hereinafter defined) to the Platform, and that such Upgrades may result in changes to the appearance and/or functionality of Platform. You may be required to install certain Upgrades or updates to the software in order to continue to access or use the Platform or portions thereof. "Upgrades" means new versions of, and updates to, Platform whether for the purpose of fixing an error, bug or other issue in the Platform or enhancing the functionality of Platform.

All communications transmitted through the Platform, including without limitation the Company's messaging Platform shall be monitored for quality assurance, training and other purposes. By accepting these Terms, You consent to any such monitoring.

 

Disclaimer of warranty and limitation of liability

NEERX TECHNOVATION Pvt Ltd built the platform as a Commercial app. This Service is provided by NEERX through the Platform and is intended for use as is. NEERX, its holding, subsidiaries, affiliates, partners and licensors do not make any representations or warranties, express or implied, in connection with these Terms of Use, Services, or any of the content on the Platform, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties cannot be excluded by law.

NEERX TECHNOVATION Pvt Ltd, its holding, subsidiaries, affiliates, partners and licensors are not liable in contract, tort (including negligence) or otherwise for any interruption of business, access delays or interruptions to the Platform, non- correction of Platform errors by NEERX TECHNOVATION Pvt Ltd, data non- delivery or loss, theft, misdelivery, corruption, destruction or modification of data, loss or damages arising from or in relation to third party dealings on the Platform (including dealings with Third Party Service Providers), cost of procurement of substitute goods or services, viruses, system failures or malfunctions in connection with your use of the Platform or third party links on the Platform, inaccuracies or omissions in content or events beyond our reasonable control.

NEERX TECHNOVATION Pvt Ltd, its holding, subsidiaries, affiliates, partners and licensors will not in any event be liable in contract, tort (including negligence) or otherwise for indirect, special, punitive, incidental or consequential damages (including loss of profits) in connection with the Platform even if Company has been advised of the possibility of such damages. In sum, in no event shall Company's total liability to the User for all damages or/and losses or/and causes of action exceed the amount paid by the User to the Company, if any, that is related to the cause of action.

This disclaimer constitutes an essential part of these Terms of Use.

 

User Journey 

Everything We offer on the Platform, including but not limited to the below listed, are collectively referred to in these Terms as the "Services" and shall inter alia include:

  1. Registration of Users alongwith image on the Application;

  2. Adding and managing farms alongwith image on the Application

  3. Connecting IoT devices on the Application;

  4. Viewing and monitoring farm,crop and soil data/information;

  5. Uploading data collected from your farm to the NEERX cloud platform;

  6. Resource management including irrigation, sprays, fertigation, and other preventive measures; and predictive advisories and notifications

  7. Chat/Help sections whenever active

Further, We may from time to time add new services to the Services, substitute a new service for one of the existing Services, or discontinue or suspend one of the existing Services. Any such amendments to the Services will be subject to these Terms as well as any additional terms of use that We may release for those specific Services. You agree that the Company will not be liable to You or any third party for any suspension or discontinuation of any of the Services.

Mode of payment

Payments for the products and services may be made in the following ways:

Debit cards, net banking, UPI, wallets, NEFT,

Partial Cash on delivery is available for products purchased on the Platform.

However this mode of payment is only available for users in serviceable pin codes as determined by us. Any payments made by users on the Platform will be governed in accordance with user terms and privacy policies of our payment partners, that you can refer to on their respective portals.

 

Fees

We reserve the right to charge a convenience fee for the Services. Non-payment may result in denial of Services and/or action under applicable law.

 

Term and termination

These Terms of Use shall be effective from the date of their publication on the Platform. We reserve the right to suspend or terminate our services without prior notice in the event of breach of these Terms of Use, any misrepresentation of information or any unlawful activity by you.

You may terminate the Terms of Use at any time by discontinuing the use of the Platform. By terminating the usage or the Terms of Use you will be obligated to pay for a product or service purchased on the Platform, or any other obligation which has accrued, or is unfulfilled and relates to the period, prior to termination.

 

Indemnity

You agree to defend, indemnify and hold harmless NEERX, our subsidiaries, affiliates and agents and their respective officers, directors, employees, successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to NEERX or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under the Terms of Use, or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of the Terms of Use.

 

Miscellaneous

  1. Eligibility
    Only persons who can enter into legally binding contracts as per Indian Contract Act, 1872, i.e., persons who are 18 (Eighteen) years of age or older, are of sound mind, and are not disqualified from entering into contracts by any law, can use the Platform and purchase products or subscribe to services. If you are a minor i.e., under the age of 18 (Eighteen) years, you may purchase the product or subscribe to services on the Platform only under the guidance of a parent or guardian.

  2. Governing law and disputes
    Governing Laws: This Agreement shall be construed and governed in accordance with the laws of India. The courts in Ahmedabad shall have exclusive jurisdiction over all issues arising out of or in relation to these Terms of Use or Services.Dispute Resolution: Any controversies, conflicts, disputes, or differences arising out of these Terms shall be resolved by arbitration in Ahmedabad in accordance with the Arbitration and Conciliation Act, 1996 (as amended from time to time). The tribunal shall consist of 1 (one) arbitrator appointed by the Company. The language of the arbitration shall be English and/or Hindi. The parties to the arbitration shall keep the arbitration confidential and not disclose to any person, other than on a need to basis or to legal advisors, unless required to do so by law. The decision of the arbitrator shall be final and binding on all the Parties hereto.Each party to the arbitration shall bear its own costs with respect to any dispute.
    Notwithstanding anything contained herein, the Company may at any time apply for interim relief in a court of law.

  3. Waiver
    No provision in these Terms of Sale will be deemed waived and no breach excused, unless such waiver or consent is in writing and signed by us. Our consent to, or waiver of your breach, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.


 

Contact Us

If you have any questions or suggestions about our Privacy Policy or Terms of Use, do not hesitate to contact us 

NEERX TECHNOVATION Pvt. Ltd.

Address - B401, Amrapali Lakeview Building, Vastrapur, Ahmedabad (380015)

Phone- +91 7737339977 

Email- support@neerx.in