Fasal Salah - Terms of Use

General terms

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 "Fasal salah" a mobile application ( herein after refer to as said "App/fasal salah") which is owned and operated by BKC Weathersys Private Limited a Company Incorporated in India under the Companies Act, 1956, having its registered office at 1002,tower B,advant business park ,sector 142,Noida

Please read these Terms of Use carefully before downloading, installing or using the App. By downloading, installing or using the Fasal salah. 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.

By downloading, installing, accessing or using Fasal salah user acknowledges and agrees that he/she is at least eighteen years of age, legally competent and is entering into a legally binding contract with BKC Weathersys Private Limited in respect to his/her use of the App which contract includes all Supplementary Terms. If you are an individual accepting this Contract on behalf of an agency or entity or minor child, you warrant that you have the legal right to accept this Contract on behalf of such agency or entity or minor child and that the agency or entity or minor child will also be bound by this Contract.

The User acknowledge and agree that a printed version of this contract and/or any electronic communication by BKC Weathersys 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.

We are a company registered in India, so we have complied with applicable Indian laws in making the Fasal salah and its content available to User. If the Fasal salah is not accessed by User from outside India, this is entirely at User\'s risk. We make no representation that the Fasal salah and its content are available or otherwise suitable for use outside India. If User choose to access or use the Fasal salah 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 (including any laws that relate to businesses providing services).

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

The Use of the Fasal salah does not include the provision of a mobile device or other necessary equipment to access it. To use the Fasal salah 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.

Fasal salah is available to selected Apps/ platforms and would be soon be released /made available on other Apps/ platforms and in order to use Fasal salah, 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 BKC Weathersys.

The User shall not in any way use the Fasal salah or submit to us or to the Fasal salah or to any user of the Fasal salah 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 Fasal salah in relation to a particular part of the Fasal salah or the Fasal salah 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.

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

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

The User hereby grants BKC Weathersys an irrevocable, royalty-free, worldwide, assignable, sub-licensable license to use any material which User submit to us or the Fasal salah for the purpose of use on the Fasal salah 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 s moral rights to be identified as the author and we may modify User\'s submission.

The Commentary, data, information and other materials available and accessible through Fasal salah 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 Fasa l salah, or by anyone who may be informed of any of its contents.

The User assumes sole responsibility for results obtained from the use of the Fasal salah, 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 Fasal salah, or any actions taken by us at User\'s direction.

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

If User choose, 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.

Services

Fasal Salah 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 Fasal salah.

The initial version will be offered as Basic package where the Registered User will get Free access for first 180 days to Fasal salah on successful registration as per our requirement.

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

Fasal Salah 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.

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 BKC Weathersys makes no commitment to update these materials on the App.

BKC Weathersys will connected to Registered Users by way of various means including but not limited to sms, broadcast messages on Fasal salah, calls, emails etc.

Fasal salah will be charge based after expiry of 180 days from the date of first download by Registered User and charges for use of Fasal salah (Subscription Fees) will be intimated to all Registered Users via Fasal salah message broadcast.

BKC Weathersys may introduce some free features in future which may be complete free even expiry of 180 days of use by Registered User however the same shall be at our sole discretion.

After expiry of Free Subscription of 180 days the Registered User may opt for Paid Subscription of such value and period as may be offered by BKC WEATHERSYS. The duration for which such paid Subscription shall be valid shall be known as Subscription Period.

BKC Weathersys reserves the right to restrict or terminate the access granted to any registered user in case of failure to make timely payment of the Subscription Fees and other charges as applicable

During the Free and/or Paid Subscription Period, User may use the Services for no purpose other than its own, individual use. Without limitation ,User may not
(a) store Information except on its Device during the Subscription Period.
(b) create any databases, derivative information, indices or content using the Service.
(\c) in any manner share the Service with anyone else (including within its organization).

Without limiting the foregoing, User may not
(i) redistribute or otherwise disseminate any part of the Service.
(ii) sub-license, assign, copy, modify, merge, distribute, transfer, decompile or reverse-engineer any part of the Service.

BKC Weathersys will make available help desk services for User to have access through telephonic or electronic means (by way of example, but not limitation, e-mail, remote support) to reasonable support in relation to the Services.

Both party 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.

The User agrees that fasal salah 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 BKC Weathersys or Fasal salah 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

In order to take into account technological changes, BKC Weathersys 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

Details of Traders and other market players provided on Fasal salah are taken from Krishidoot.in

Limitation of Liability

We warrant that, in making the Fasal salah available to User, we shall use our reasonable skill and care. While we endeavour to make the Fasal salah available 24 hours a day, subject to disconnection/non-availability due to the maintenance and upkeep and any emergency or force – majeure situation. However we shall not be liable if for any reason the Fasal salah is unavailable for any time or for any period. We make no warranty that User\'s access to the Fasal salah will be uninterrupted, timely or error-free. While we endeavour to ensure that information and materials on the Fasal salah 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. This shall not affect any obligation which we may have under any contract that we may have with User to provide User with Service. The User understands and hereby agree that, except as otherwise expressly stated and to the extent applicable by law, in no event will 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, regardless of the nature or basis of the claim, resulting from any use of the platform, or the contents thereof without limitation any lost profits, business interruption, loss of data, failure of performance, delay in operation of transmission, computer virus or equipment or network failure or otherwise,. The User understands and agrees that its use of the App is conditioned upon your waiver of any right against BKC Weathersys and its affiliate,for damages or losses resulting from your use of the App.

Disclaimer of Warranties

BKC Weathersys 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 warrant 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. BKC Weathersys makes no warranty that the content and software are accurate, timely, uninterrupted, virus-free or ERROR-FREE. To the extent permissible by law, BKC Weathersys expressly disclaims any and all other warranties.

Independence from Platforms

Fasal salah is independent of any platform on which it is located. Fasal salah is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, without limitation, Apple, Google, Android or RIM Blackberry (each being an "Operator").The Download, installation, access to or use of the Fasal salah by User is also bound by the terms and conditions of the Operator.

IPR Rights

The Fasal salah, services and materials made available on the App, and their selection and arrangement inclusive of trademarks, service marks, information, content, text, sounds, images, graphics, logos, page headers, page footers, scripts, service names, other similar rights or forms of protection whether registered or not and any other intellectual property of BKC Weathersys Group (BKC Weathersys Property).The user acquires no right, titles or interest in any of the BKC Weathersys Property. The User will not (and will not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, sell, assign, sublicense or otherwise transfer any rights over the BKC Weathersys property, except as expressly provided herein.

Privacy Policy

The User may submits and /or personal information with BKC Weathersys as a part of services offered herein. The personally identifiable information of the user will not be shared with advertisers or spammers or any third party , except as specified here in above .The Personal information of the user would be stored as per the policy and rules of BKC Weathersys. The e-mail id of the user may be used to send and receive communications from BKC Weathersys and other users of Fasal salah.The feedback, reviews , ratings etc by any user may be used to improve the quality o services provided herein and for the purpose of advertisement and publicity.

Third Party Websites

We have no control over and accept no responsibility for the content of any website or mobile application to which a link from the Fasal salah exists (unless we are the provider of those linked websites or mobile applications). Such linked websites and mobile applications are provided "as is" for User\'s convenience only with no warranty, express or implied, for the information provided within them. User must not without our permission:

use or copy any material from the Fasal salah, including, but not limited to, onto other websites or in other mobile applications; or

frame any of the Fasal salah onto User\'s own or another person\'s website or mobile application.

Indemnification

The User agrees to indemnify, defend and hold harmless BKC Weathersys and its affiliates from any and all loss, damage or liability including reasonable attorney\'s fees arising from any third-party claim, action or allegations of infringement based on:

information, content or data submitted by user in connection with the Fasal salah.

Its use of Fasal salah in breach of any term or condition in the User Agreement.

any violation of an applicable law, regulation or rights of another including misrepresentation and fraudulent conduct.

breach of User representations and warranties as set forth herein.

Dispute Resolution

Any dispute, difference or question which may arise at any time hereafter between the parties hereto and touching upon the true construction of this or rights and liabilities of the Parties hereto shall be resolved amicably according to the provisions of the Arbitration and Reconciliation Act, 1996 or any statutory modifications or re-enactment thereof for the time being in force. The arbitration proceedings shall be conducted in Mumbai. The language for such arbitration proceedings shall be English. This Agreement shall be governed by and construed in accordance with the laws of India. Any disputes arising out of this Agreement shall be submitted to the jurisdiction of Noida Courts.

Entire Agreement

These terms and conditions shall govern the relationship between BKC Weathersys and the User.

I/We have read and understood the above terms and conditions & hereby accept the same.

CORPORATE OFFICE

BKC Aggregators Pvt. Ltd.
B2 1002 Advant Navis Business Park
Noida 201305, Uttar Pradesh, India

R & D CENTRE

H-135, Sector 63 Noida 201307, India

REGISTERED OFFICE

109 Kusal Bazar, 32/33 Nehru Place New Delhi 110019, India