General Terms and Conditions

General terms of use

This document/agreement/understanding is a computer-generated electronic record published in terms of Rule 3 of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (amended from time to time), read with the Information Technology Act, 2000 (amended from time to time), and does not require any physical or digital signatures.

These terms, including annexures and links herein, apply to your use of www.farminii.com, any other linked pages, API keys, features, content, or application services (including but without limitation to any mobile application, mobile site services) (“Website ”) owned and operated by Kriyacams Bio Sciences Private Limited (“Farmini“), a company incorporated under the provisions of the Companies Act, 2013 and having its registered office at 29,Lala Lajpat Rai Sarani (Elgin Road), Kolkata 700020.

“We”, “Us,” and “Our” – shall refer to Farmini. “You,” “Yours,” “Yourself,” and “Partners” – refer to any non-registered individual or corporate body registered user of Farmini, including but not limited to Farmini partners. “Applicable Laws” shall mean any law, statute, rule, regulation, order, circular, decree, judgment, decision, or other similar mandates of any applicable central, national, state, or local governmental/regulatory Authority having competent jurisdiction and force of law over, or applicable to You, us, or the subject matter in question, as may be amended from time to time.

Before You may use the Website, You must read all of these General Terms of Use and the Specific Terms of Use (defined below) (hereinafter together referred to as the “Terms”) and the Privacy Policy provided on the Website.

By using Farmini and its affiliates’ products, software, services, and the Website, or by availing of any products offered by Farmini’s partner institutions or third parties (“Services”), You understand and agree that Farmini will treat Your use of the Services as acceptance of these Terms from such a point of usage.
You agree that Farmini reserves the right to update the Services from time to time. You acknowledge and agree that all references to “Farmini” shall mean the Farmini affiliate for the Specific Terms of Use.
You further agree that any claims relating to or arising from the Specific Terms of Use shall be brought solely against such Farmini affiliates providing Services. Farmini shall have no liability in respect of the same.
You may not use the Services if You do not accept the Terms. If You do not agree to be bound by these Terms and the Privacy Policy, You may not use the Website in any way. It is strongly recommended that You return to this page periodically to review the most current version of the Terms in force.
Farmini reserves the right at any time, at its sole discretion, to change or otherwise modify the Terms without prior notice, and your continued access or use of the Website signifies Your assent/ratification of the updated or modified Terms.
If You object to these Terms or any subsequent modifications to these Terms in any way, Your only recourse is to terminate your use of the Website immediately.
We may require You to agree to additional terms (if any) in connection with specific services that You may avail yourself of from time to time.
Proprietary Rights

You acknowledge and agree that Farmini owns all rights, title, and interest in and to the Services, including any intellectual property rights that exist in the Services (whether registered or not).
You further acknowledge that the Services may contain information designated confidential by Farmini and that You shall not disclose such information without Farmini’s prior written consent.
Farmini grants You a personal, non-exclusive, non-transferable, limited privilege to avail of the Services and make personal use of the Website and/or the Services. This license does not confer any right to download, copy, create a derivative work, modify, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Services.
You do not have the right to use any of Farmini’s trade names, trademarks, service marks, logos, domain names, or other distinctive brand features.
You do not have the right to remove, obscure, or alter any proprietary rights notices (including trademark and copyright notices) that may be affixed to or contained within the Services. You will not copy or transmit any of the Services.

Usage of the Website and Use of Services by the User

You shall register to become a website user only if you are 18 or above and can enter into binding contracts as per Applicable Laws.
You are responsible for maintaining the secrecy of Your passwords, login, and account information. You will be responsible for all use of the Website and/ services by You and anyone using Your password and login information (with or without our permission).
You are responsible for maintaining the confidentiality of any login information and secure access credentials associated with Your account.
By making use of the Website and furnishing Your contact details, You hereby agree that You are interested in knowing more about, availing of, and/or purchasing various products or services that Farmini or any other third party may offer to provide to, share with, or send to you from time to time through any means, including but not limited to telephone, SMS (short messaging service), electronic mail (e-mail), WhatsApp, or any other messaging service/mobile application, or any other physical, electronic, or digital means/mode.
You specifically understand and agree that by using the Website, You authorize Farmini, its affiliates, partners, and third parties to contact You for any follow-up calls with the Services provided through the Website and/ or for offering or inviting Your interest in availing of any other product or service offered by Farmini or such third parties.
You agree and consent to receive communications relating to all of the above on Your phone/mobile number (if any provided) by You on the Website and expressly waive any registration or preference made under the DND/NCPR list under the applicable Telecom Regulatory Authority of India (TRAI) regulations.
You agree and authorize Farmini to share Your information and make Your details available to its partner banks, its group companies, affiliates, vendors, service providers/Facility Providers, and other third parties in so far as required for providing various products and services and/or to provide You with various value-added services, in association with the Services selected by You or generally otherwise.
You agree to receive emails, telephone, and/or SMS communications from Farmini or third parties. If You request not to receive such communication/marketing material any further, it shall be applicable prospectively only and shall not apply with respect to Your data already shared by Farmini in accordance with this clause upon Your prior consent.
You hereby agree that Farmini may contact You electronically or by phone to understand Your interest in the selected products and Services and to fulfill Your demand or complete Your application. Further, You also expressly agree and authorize Farmini, its partners, service providers, vendors, and other third parties to contact You for the purpose of

(i) offering or inviting Your interest in availing other products or services offered by third parties or

(ii) for sending other marketing campaigns, offers, or any other information either on the Website or through other means, including but not limited to telephone, SMS (short messaging service), electronic mail (e-mail), WhatsApp, or any other messaging service/mobile application, or any other physical, electronic, or digital means/mode.

Disclaimer of Warranty

Farmini warrants that the Service(s) shall be provided materially in accordance with the service documentation available on the Website.
Farmini warrants that the Service(s) will perform in all material respects in accordance with these Terms to the maximum extent permitted by Applicable laws, and except as stated in these Terms, the Services are provided on an “as is” basis.
You acknowledge that Farmini does not warrant that the service(s) will be uninterrupted, error-free, or fit for Your specific business purposes.
Exactness not guaranteed

(i)Farmini hereby disclaims any guarantees of the exactness of our services concerning the results of other labs and services. The quality of any services, information, or advisories received by you may not meet your expectations.

Third Party Links

This Website may provide links to other websites or resources. Since Farmini has no control over such third-party websites and resources, You acknowledge and agree that Farmini is not responsible for the availability of such external sites or resources, does not endorse them, and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.
You further acknowledge and agree that Farmini shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such site or resource. Your interaction with any third party accessed through the Website is at Your own risk.
Farmini will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches, or negligence of any such third parties or for any personal injuries, death, property damage, or other damages or expenses resulting from Your interactions with the third parties.

Limitation of Liability

Farmini (including its officers, directors, employees, representatives, affiliates, and providers) will not be responsible or liable for any injury, death, loss, claim, act of God, accident, delay, or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including, without limitation, lost profits or lost savings), whether based in contract, tort, strict liability or otherwise, that arise out of or are in any way connected with

(i) any failure or delay (including, without limitation, the use of or inability to use any component of the Website), or

(ii) any use of the Website or content, or

(iii) the performance or non-performance by Us or any Facility Provider, even if we have been advised of the possibility of damages to such parties or any other party, or

(iv) any damages to or viruses that may infect Your computer equipment or other property as the result of Your access to the Website or Your downloading of any content from the Website.

Notwithstanding anything under these Terms, Farmini’s aggregate liability and that of its affiliates, officers, employees, and agents relating to the Service(s) will not exceed an amount equal to one (1) month of fees paid by You for the specific Service(s) giving rise to the liability.
Farmini’s liability under or in connection with the Terms will be proportionately reduced to the extent you or Your third-party providers contribute to any loss or damage.

Indemnity

You agree to indemnify and hold Farmini (and its officers, affiliates, group company, directors, agents, and employees) harmless from any and against all claims, whether or not brought by third parties, causes of action, demands, recoveries, losses, damages, fines, penalties, or other costs or expenses of any kind or nature, including reasonable attorneys’ fees, or arising out of or related to Your breach of these Terms, Your violation of any applicable laws or the rights of a third party, or Your use of the Website or any disputes between You and any third party.

Pricing

Prices for our services are described in our applications. Prices and Services may change at Farmini’s discretion.

Force Majeure Clause

If performance of Services/Website by Farmini is prevented, restricted, delayed or interfered with by reason of labour disputes, strikes, acts of God, epidemic, pandemic, floods, lightning, severe weather, shortages of materials, rationing, inducement of any virus, malware, trojan or other disruptive mechanisms, any event of hacking or illegal usage of the Website, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government, regulatory or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of Farmini, then Farmini shall be excused and discharged from such performance to the extent of and during the period of such force majeure event, and such non-performance shall, in no manner whosoever, amount to a breach by Farmini of its obligations herein or incur any legal liability on Farmini.

Suspension and Termination
Notwithstanding anything to the contrary, Farmini shall have the right to immediately suspend Services and settlement of any money or payments to You, without any liability to You, in the event of the following:

(a) You breach any clause of these Terms.

(b) Farmini receives instructions from governmental authorities or law enforcement agencies to either suspend the Services, or part thereof, or directs to suspend the Services or part thereof, regardless of whether there is a pending investigation/inquiry into any alleged illegal/unlawful activities.

(d) Your products/services infringe or are suspected of infringing intellectual property rights, copyrightable works, patented inventions, trademarks, and trade secrets, or You are suspected of selling counterfeit and/or knock-off goods.

(e) Farmini, in its sole discretion, determines that Your activities expose Farmini to risks that are unacceptable to Farmini.

These Terms are effective upon the date You first access or use the Services and continue until terminated by You or Farmini. We may terminate these Terms or close Your Farmini account at any time for any reason (including, without limitation, for any activity that may create harm or loss to the goodwill of Farmini).
Where Applicable Laws require advance notice of termination to be provided, we will, prior to termination, provide You with the required advance notice of termination.
Termination does not immediately relieve you of obligations incurred by You under these Terms. Upon termination, you agree to stop using the Services. Your continued or renewed use of the services after termination serves to renew your consent to the Terms.
In addition, upon termination, You understand and agree that We will not be liable to You for compensation, reimbursement, or damages related to Your use of the Services or any termination or suspension of the Services or deletion of Your information or account data. You will still be liable to us for any fees, fines, or other financial obligations incurred by You or through Your use of the Services prior to termination.

Refund Policy

Farmini’s Return Policy offers no return of services once delivered. The only exception is if services are not delivered within a reasonable time.
Refunds (if applicable) :Once you are eligible for refunds, we will send you an email to notify you of the approval or rejection of your refund.
If your refunds are approved, your refund will be processed, and a credit will automatically be applied to your credit card or original payment method within 10 Working days.
Late or missing refunds (if applicable) :If you haven’t received a refund, recheck your bank account. Then contact your credit card company; it may take some time before your refund is officially posted. Next, contact your bank. There is often some processing time before a refund is posted.
If you’ve done all of this and you still have not received your refund yet, please contact us at care@farminii.com.
Governing Law:These terms will be governed by and construed in accordance with the laws of India. The Users agree that any legal action or proceedings arising out of their use may be brought exclusively in the competent courts/ tribunals having jurisdiction in Kolkata, India, and irrevocably submit themselves to the jurisdiction of such courts/ tribunals.
Privacy Policy

Farmini Application and other Applications on this website

By using the Website, You hereby consent to the use of Your information as we have outlined in our Privacy Policy. This privacy policy governs your use of the Farminii App (“Application”) software for mobile devices created by Kriya Cams Bio Sciences Pvt. Ltd. The Application provides advisory services to farmers through satellite, weather, and agriculture data.

What information do we collect, and how is it used?

User-Provided Information The Application obtains the information you provide when you download and register the Application. Registration with us is mandatory to use the features offered by the Application.
When you register with us and use the Application, you generally provide the following:
Your name, email address, mobile number, and other registration information
Farm-related information, such as the location of the farm.
Information you provide us when you contact us for help
Payment information for purchase and use of the application
Information you enter into our system when using the Application, such as crop type and date of sowing.
We may also use the information you provided us to contact you from time to time to provide you with important information, required notices, and marketing promotions.
Automatically Collected Information In addition, the Application may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile device’s unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use the Application.

Does the Application collect precise real-time location information about the device?

This Application does not collect precise information about the location of your mobile device. Only when a new farm is added,real-time location information is collected. Otherwise, no location information is collected.

Do third parties see and/or have access to the information obtained by the Application?

Only aggregated, anonymized data is periodically transmitted to external services to help us improve the Application and our service. We will only share your information with third parties in the ways described in this privacy statement. We may disclose User Provided and Automatically Collected Information as required by law, such as to comply with a subpoena or similar legal process;
When we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request,
Our trusted service providers who work on our behalf do not have independent use of the information we disclose to them and have agreed to adhere to the rules set forth in this privacy statement.
Suppose Kriya Cams Bio Sciences Pvt. Ltd. is involved in a merger, acquisition, or sale of all or a portion of its assets. In that case, you will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of this information and any choices you may have regarding this information.

What are my opt-out rights?

You can quickly stop the application’s collection of information by uninstalling it. You may use the standard uninstall processes that may be available as part of your mobile device or via the mobile application marketplace or network.
You can also request to opt-out via email at care@farminii.com

Data Retention Policy

Managing Your Information: We will retain User Provided data for as long as you use the Application and for a reasonable time thereafter. We will retain Automatically Collected information for up to 24 months and thereafter may store it in aggregate.
If you’d like us to delete User Provided Data that you have provided via the Application, please get in touch with us at care@farminii.com, and we will respond in a reasonable time. Please note that some or all of the User Provided Data may be required for the Application to function correctly.
We do not use the Application to knowingly solicit data from or market to children under 13. If a parent or guardian becomes aware that their child has provided us with information without their consent, they should contact us at care@farminii.com. We will delete such information from our files within a reasonable time.

Security

We are concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect the information we process and maintain. For example, we limit access to this information to authorized employees and contractors who need to know that information to operate, develop or improve our Application.
Please be aware that although we endeavor to provide reasonable security for the information we process and maintain, no security system can prevent all potential security breaches.

Changes

This Privacy Policy may be updated from time to time for any reason. We will notify you of any changes to our Privacy Policy by posting the new Privacy Policy here and informing you via email or text message.
You are advised to consult this Privacy Policy regularly for any changes, as continued use is deemed approval of all changes. You can check the history of this policy by clicking here.

Consent

By using the Application, you are consenting to our processing of your information as set forth in this Privacy Policy now and as amended by us. “Processing” means using cookies on a computer/handheld device or using or touching information in any way, including, but not limited to, collecting, storing, deleting, using, combining, and disclosing information, all of which activities will take place in India.
If you reside outside India, your information will be transferred, processed, and stored there under Indian privacy standards.

Applicable law

Your use of this Website will be governed by and construed in accordance with the laws of India. The Users agree that any legal action or proceedings arising out of their use may be brought exclusively in the competent courts/ tribunals having jurisdiction in Bengaluru, India, and irrevocably submit themselves to the jurisdiction of such courts/ tribunals.

Contact us. If you have any questions regarding privacy while using the Application or about our practices, please contact us via email at care@farminii.com.

Grievance Redressal

Any complaints or concerns concerning your Personal Information or content of this website, any dispute or breach of confidentiality, any proprietary rights of the user during the use of the website, or any intellectual property of any User should be immediately inform to the Grievance Nodal Officer at the coordinates mentioned below in writing to care@farminii.com.
While the Company has made efforts to train the personnel engaged in the sales and services relating to its products to enable quality control, it makes no warranties or representations whatsoever regarding the quality and competence of such personnel. It would not be responsible for any deviant behavior of such personnel.
Any feedback from the User relating to the same is most welcome, and the company reserves the right and discretion to take any action in this regard.
Access to some aspects of the Services, including doubt clearance, mentoring services, etc., may be subject to separate terms, conditions, and fair usage policies.
The Company reserves the right to determine the criteria for the provision of various elements of Services to different categories of Users based on its policies. Hence, subscription to the Application/products or registrations does not automatically entitle the User to any and all elements of Services provided by the Company, and the Company shall be entitled to exercise its discretion while providing access to and determining continuity of some aspects of Services.
We reserve the right to extend, cancel, discontinue, prematurely withdraw, or modify any of Our Services at Our discretion.
The Company’s products and / or Services, including the Application and content, are compatible only with specific devices/tablets/instruments/hardware. The Company shall not be obligated to provide workable products and/or services for any instruments not recognized by the Company or those that may be purchased from any third party that are incompatible with the Company’s products and Services.
The Company reserves the right to upgrade the table/ type of compatible devices as required from time to time.
The Company shall have no responsibility for any loss or damage caused to the tablet or any other hardware, and / or software and/or instrument, including loss of data or effects on the processing speed resulting from Your use of our products and Services.
To encourage Customer Retention and Loyalty, Farmini encourages its Customers, Fintech Partners, and other stakeholders to refer customers to buy Farmini Products & Services.
The Company, at its option, can pay a referral bonus, subject to applicable laws. Since this is an optional, selective policy of the Company, its decision is final and cannot be disputed or challenged.
It should be noted with abundant caution that no Customer, Fintech Partner, or other stakeholder shall do business with the Company in anticipation of such a Bonus.
The company shall not be held responsible if some Customer has done business to get a referral bonus, as the Bonus paid by the Company is purely dependent on its discretion based on internal parameters and various demographic and economic factors.

Cookies Policy

We use cookies, as small text files stored by your browser, to collect, store, and share data about your activities across websites, including on Farmini. They allow us to remember things about your visits to Farmini, like your preferred language, and to make the site easier to use. To learn more about cookies, visit https://cookiepedia.co.uk/all-about-cookies. We may also use transparent pixels in emails to track deliverability and open rates and improve our service.

Farmini Content and Access

(i) When you subscribe to the content, you get access from us to view it via the Farmini Services and for no other use. Don’t try to transfer or resell content in any way. We generally grant you access. We may disable the content because of legal or policy reasons.

(ii) When Farmini publishes content on www.farminii.com, Farmini offers the user a license to view the content. It means we have the right to sublicense the content to enrolled users. As a user, when you enroll for the content, whether it’s free or paid content, you get a license from Farmini to view the content via the Farmini platform and Services, and Farmini is the licensor of record. The content is licensed and not sold to you. This license does not give you any right to resell the content in any manner (including by sharing account information with a purchaser or illegally downloading the content and sharing it on torrent sites).

(iii) In legal, more complete terms, Farmini grants you (as a user) a limited, non-exclusive, non-transferable license to access and view the content for which you have paid all required fees, solely for your personal, non-commercial, educational purposes through the Services, in accordance with these Terms and any conditions or restrictions associated with the particular content or feature of our Services.

(iv) All other uses are expressly prohibited. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any content unless we give you explicit permission to do so in a written agreement signed by a Farminii authorized representative.

(v) We generally give access licenses to our users when they enroll in a course or other content. However, we reserve the right to revoke any license to access and use any content at any time if we decide to restrict access to the content due to legal or policy reasons.

(vi) This access license does not apply to other Plans or add-on features and services associated with the content you enroll in. For example, instructors may decide to provide teaching assistance or Q&A services no longer associated with the content at any time. To be clear, the access is to the content but not to the instructor.

Updating These Terms

From time to time, we may update these Terms to clarify our practices or to reflect new or different practices (such as when we add new features), and Farmini reserves the right in its sole discretion to modify and/or make changes to these Terms at any time.

If we make any material change, we will notify you using prominent means, such as an email notice sent to the email address specified in your account or by posting a notice through our Services. Modifications will become effective on the day they are posted, unless stated otherwise.

Your continued use of our Services after changes become effective means that you accept those changes. Any revised Terms shall supersede all previous Terms.