Nurture PRIVACY NOTICE
We know that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly. This Privacy Notice outlines the general approach of Nurture Agtech Limited and its affiliates including UPL Limited (collectively "Nurture", hereinafter referred to as “we”, “us” or “our”) towards data protection and privacy in order to fulfil the obligations as per Section 43A of the Information Technology Act, 2000 (the “Act”) and the Information Technology (Reasonable security practices and procedures and sensitive personal data) Rules (“SPDI Rules”) and other prevailing laws describe how Nurture collects and processes your personal information through Nurture websites, devices, products, services, website and applications that reference this Privacy Notice (together "Nurture Services").
By accessing, using, or purchasing any Nurture Services you agree and explicitly provide your consent to Nurture’s use of your personal information (including sensitive personal information) in accordance with this Privacy Notice (as may be amended from time to time by us at our discretion), and accept the practices and policies outlined herein and accept terms and conditions hereby. You also agree and explicitly consent to us collecting, storing, processing, transferring, and sharing your personal information (including sensitive personal information) with third parties or service providers for the purposes set out in this Privacy Notice.
Personal information subject to this Privacy Notice will be collected and retained by Nurture Agtech Limited with registered office at Uniphos House, 11th Road, Khar West, Mumbai-400052, Maharashtra, India.
1. What personal information about customers does Nurture collect
We collect your personal information in order to provide and continually improve our products and services.
Here are the types of personal information we collect:
1.1 Information You Give Us: We receive and store any personal and sensitive personal data or information you provide in relation to Nurture Services like your name, gender, age, phone number, IP address, bank and payment related information, your searches, PAN card details and other KYC related information that you provide as part of registration on our website or mobile application, credit history and your and other addresses where you get your products delivered through our website or mobile application. You can choose not to provide certain information, but then you might not be able to take advantage of many of our Nurture Services.
1.2 Automatic Information: We automatically collect and store certain types of information about your use of Nurture Services, such as arm geo-location, geofences, crop burn information, farm photos, etc, including information about your interaction with content and services available through Nurture Services. Like many websites, we use cookies and other unique identifiers, and we obtain certain types of information when your web browser or device accesses Nurture Services and other content served by or on behalf of Nurture on other websites and mobile application.
1.3 Information from Other Sources: We might receive information about you from other sources, such as updated delivery and address information from our carriers, which we use to correct our records and deliver your next purchase more easily.
2. For what purposes does Nurture use your personal information?
We use your personal information to operate, provide, develop, and improve the products and services that we offer our customers.
These purposes include:
a) Purchase and delivery of products and services;
b) Providing functionality, troubleshooting, and improvement of Nurture Services;
c) Providing voice, image and camera services;
d) To comply with legal obligations;
e) To communicate with you;
f) To advertise and for fraud prevention and credit risks.
g) To communicate with you in relation to Nurture Services via different channels; and
h) To enable our systems to recognize your browser or device and to provide and improve Nurture Services, we use cookies and other identifiers.
3. How long does Nurture keep retain information?
We will retain your information and any data only for the period necessary to fulfil the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by applicable law. We shall take reasonable steps to delete or permanently de-identify information that is no longer needed.
4. Does Nurture share your personal information?
Information about our customers is an important part of our business and we are not in the business of selling our customers' personal information to others. We share customers' personal information only with our affiliates and such information is subject to the terms of this Privacy Notice or follow security practices that ensure at least the same level of data protection as those described in this Privacy Notice and in compliance with the Act and the SPDI Rules and other prevailing laws. We may also disclose and transfer your personal information to third party service providers like courier or transport companies or with banks and financial institutions. We may also disclose your information to law enforcement offices, third party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to enforce this Privacy Policy, respond to claims that an advertisement, posting or other content violates the rights of a third party, or protect the rights, property or personal safety of our users or the general public. This may also include exchanging information with other companies and organizations for fraud protection and credit risk reduction.
5. How secure is information about me?
Your information is secure with us. We use the best in class systems to ensure that all your personal information is safe with us.
6. What information can I access?
You can access your personal and sensitive personal data or information submitted to us, including your name, address, payment options, profile information, and purchase history in the "Your Account" section of the website or mobile application.
7. What choices do I have?
Many of our Nurture Services also include settings that provide you with options as to how your information is being used. As data subjects, you have the following options:
a) You can always choose not to provide certain information, but then you might not be able to take advantage of the relevant of the Nurture Services.
b) You have an option to always access your account and information in order to review, add, alter, modify and/ or delete any information in your account as you desire.
c) You have a right to delete your account whereby all your information will be removed from our platform and only records mandated by the applicable laws will be retained, for the prescribed period of time.
d) You also have the right to withdraw your consent for the collection of all and/or any part of the information collected by us, however, please note that this may disrupt your user experience on our website and/or mobile application and may not allow you to purchase or use Nurture Services.
8. Grievance Officer
In accordance with the Act and the SPDI Rules and other prevailing laws, the name and contact details of the Grievance Officer are provided below:
Name: Ritesh Gupta
Designation: Head of Care
Email Address: grievances@nurture.farm Contact Number: 1800 1021 199
Corporate Office: Sakti Statesman Building, 8th Floor, Green Glen Layout, Bellandur, Bengaluru Urban, Karnataka, 560103, India.
9. Conditions of use, notices and revisions
If you choose to use Nurture Services, your use and any dispute over privacy is subject to this Privacy Notice and our Conditions of Use, including limitations on damages, resolution of disputes, and application of the prevailing law in India. Unless stated otherwise, our current Privacy Notice applies to all information that we have about you and your account.
10. Conditions of Use of nurture.farm
Please read these conditions carefully before using the nurture.farm website or mobile application. By using the nurture.farm website or mobile application, you signify your agreement to be bound by these conditions.
In addition, when you use any current or future nurture.farm service (eg. Nurture Marketplace) ("Nurture Service”), you will also be subject to the terms, guidelines and conditions applicable to that Nurture Service ("Terms"). If these Conditions of Use are inconsistent with such Terms, the Terms will control.
These "Conditions of Use" constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.
1. Your Account
If you use the website or mobile application, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and 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 unauthorised manner. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with through website or mobile application. You agree and acknowledge that you will use your account on the website or mobile application to purchase products and services for your business purposes and not for your personal use. nurture.farm reserves the right to refuse access to the website or mobile application, terminate accounts, remove or edit content at any time without notice to you.
2. Privacy
Please review our Privacy Notice, which also governs your visit to nurture.farm, to understand our practices. The personal information / data provided to us by you during the course of usage of nurture.farm will be treated as strictly confidential and in accordance with the applicable laws and regulations. If you object to your information being transferred or used, please do not use the website or mobile application.
3. E-platform for communication
You agree, understand and acknowledge that the website and mobile application is an online platform that enables you to purchase products and services listed on the website and mobile application at the price indicated therein at any time from any location.
You confirm that any purchase you do from the website or mobile application is out of your own choice and freewill. From time to time, Nurture Agtech Limited may recommend certain product and services for sale at its website or mobile application. Sometime these recommendations may be specific to you based on certain algorithm that we may use. You acknowledge that the purchase of any such product and services on the website or mobile application is exclusively your choice.
4. Pricing
All the products and services listed on the website and mobile application will be sold at maximum retail price unless as otherwise specified expressly. The prices of such products and services mentioned at the time of ordering will be the prices charged on the date of the delivery. You acknowledge that though prices of most of the products and services do not fluctuate on a daily basis but some of the prices of products and services do change regularly and that Nurture will have the exclusive right to make such changes without giving any prior notice.
5. Cancellation of order
Once you have placed an order, it cannot be cancelled. Any cancellation would be at the sole discretion of Nurture Agtech Limited.
6. Advisories and other related services
We may from time to time provide farm related advisories to you to improve farm productivity and efficiency. You agree that these advisories are generic in nature and may not take into account your specific requirement. In the event you choose to follow the advisory, you agree that it is out of your choice and freewill.
7. Sale of third party products and services
We may facilitate sale and purchase of third party products and services on the website and mobile application including those from insurance companies. You understand that we are only acting as facilitators for the sale of such product and services and therefore we cannot be made liable for any claim that you may have against such third party seller. In the event you have such claim, you agree that you will pursue such claims directly with the seller of such product and services and not against us.
8. Access to nurture.farm
We will do our utmost to ensure that availability of the website and mobile application will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website or mobile application may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.
9. Licence for website/mobile application access
Subject to your compliance with these Conditions of Use and payment of applicable fees, if any, Nurture Agtech Limited grants you limited license to access and make personal use of this website and mobile application, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Nurture Agtech Limited and / or its affiliates, as may be applicable. This licence does not include any resale or commercial use of this website or mobile application or its contents; any collection and use of any product or service listings, descriptions, or prices; any derivative use of this website and mobile application or its contents; any downloading or copying of account information for the benefit of another seller; or any use of data mining, robots, or similar data gathering and extraction tools.
This website and mobile application or any portion of this website and mobile application (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 Nurture Agtech Limited and / or its affiliates, as may be applicable.
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of nurture.farm and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilising Nurture Agtech Limited's or its affiliates' names or trademarks without the express written consent of Nurture Agtech Limited and / or its affiliates, as applicable. Any unauthorised use terminates the permission or license granted by Nurture Agtech Limited and / or its affiliates, as applicable.
10. Your Conduct
You must not use the website or mobile application in any way that causes, or is likely to cause, the website/mobile application or access to it to be interrupted, damaged or impaired in any way. You understand that you, and not Nurture.farm, are responsible for all electronic communications and content sent from your computer or mobile device to us and you must use the website or mobile application for lawful purposes only. You must not use the website or mobile application for any of the following:
a) for fraudulent purposes, or in connection with a criminal offense or other unlawful activity
b) to send, use or reuse any material that does not belong to you; or is illegal, offensive, deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libellous, obscene, pornographic, paedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam
c) to cause annoyance, inconvenience or needless anxiety
11. Reviews, comments, communications and other content
Users of this website or mobile application may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” In the event a user uses a false e-mail address, impersonates any person or entity, or otherwise misleads as to the origin of any content. nurture.farm reserves the right (but not the obligation) to remove, refuse, delete or edit any content that in the sole judgement of nurture.farm violates these Conditions of use and, or terminate your permission to access or use this website and mobile application.
If you do post content or submit material, and unless we indicate otherwise, you:
a) grant Nurture Agtech Limited and its affiliates a non-exclusive, royalty-free, irrevocable, perpetual and fully sublicensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and
b) Nurture Agtech Limited and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose.
You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Nurture Agtech Limited, including the execution of deeds and documents, at its request.
You represent and warrant that you own or otherwise control all of the rights to the content that you post or that you otherwise provide on or through the website or mobile application; that, as at the date that the content or material is submitted to nurture.farm: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable nurture.farm policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory); (iii) the content is lawful. You agree to indemnify Nurture Agtech Limited and its affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.
12. Claims against Objectionable Content
As nurture.farm lists thousands of products and services for sale on the website and mobile application and hosts many thousands of comments, it is not possible for us to be aware of the contents of each product or services listed for sale, or each comment or review that is displayed. Accordingly, nurture.farm operates on a "notice and takedown" basis. If you believe that any content on the website or mobile application is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, paedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, ("Objectionable Content"), please notify us immediately in writing. Once done, nurture.farm will make all reasonable endeavours to remove such Objectionable Content complained about within a reasonable time.
13. Copyright, authors' rights and database rights
All content included on the website and mobile application, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Nurture Agtech Limited, its affiliates or its content suppliers and is protected by India and international copyright, authors’ rights and database right laws. The compilation of all content on this website and mobile application is the exclusive property of Nurture Agtech Limited and its affiliates and is protected by laws of India and international copyright and database right laws. All software used on this website and mobile application is the property of Nurture Agtech Limited, its affiliates or its software suppliers and is protected by India and international copyright and author’ rights laws.
You cannot systematically extract/ or re-utilise parts of the contents of the website or mobile application without Nurture Agtech Limited and / or its affiliates (as may be applicable) express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website or mobile application, without Nurture Agtech Limited and / or its affiliates (as may be applicable) express written consent. You may also not create and/ or publish your own database that features substantial (eg: prices and product listings) parts of this website or mobile application without Nurture Agtech Limited and / or its affiliates (as may be applicable) express written consent.
14. Trademarks
nurture.farm and other marks indicated on our website and mobile application are trademarks or registered trademarks of Nurture Agtech Limited or its affiliates.
nurture.farm’s graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of Nurture Agtech Limited or its affiliates. Nurture's trademarks and trade dress may not be used in connection with any product or service that is not Nurture's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Nurture. All other trademarks not owned by Nurture that appear on this website and mobile application are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Nurture.
15. Disclaimer
You acknowledge and undertake that you are accessing the services on the website or mobile application and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the website or mobile application. You further acknowledge and undertake that you will use the website or mobile application to order products and services only for business purposes and not for personal use. We shall neither be liable nor responsible for any actions or inactions of sellers nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products or services and hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between you and the sellers or manufacturers of the products and services.
We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on the website or mobile application.
While we have taken precautions to avoid inaccuracies in content, this website and mobile application, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind. We do not implicitly or explicitly support or endorse the sale or purchase of any products or services on the website or mobile application. At no time shall any right, title or interest in the products sold through or displayed on the website or mobile application vest with Nurture nor shall Nurture have any obligations or liabilities in respect of any transactions on the website or mobile application.
16. Indemnity and Release
You shall indemnify and hold harmless Nurture Agtech Limited, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of your breach of these Conditions of Use or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.
You hereby expressly release Nurture Agtech Limited and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.
17. Children
Use of nurture.farm is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 (eighteen) years, you may use nurture.farm only with the involvement of a parent or guardian.
18. Other Businesses
Parties other than Nurture Agtech Limited and its affiliates may operate stores, provide services, or sell product lines on nurture.farm. For example, businesses and individuals offer products via Marketplace. In addition, we may provide links to the websites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content of their websites. Nurture Agtech Limited does not assume any responsibility or liability for the actions, products, and content of any of these and any other third-parties.
19. Reward program
We have introduced reward programs for you and others from time-to-time for limited products and services you purchase on the website or mobile application.
Such points or rewards are offered to you for your own use and the same may not be transferred or assigned to any third party. Notwithstanding the aforesaid, in the event you engage in acts of transfer or assignment of your accrued rewards or points under any of the reward programs, your rewards or points shall be revoked forthwith and you shall be blocked from making any subsequent purchases from the website or mobile application.
The reward programs are applicable only for a limited period of time as specified in Schedule A below and are liable to lapse upon completion of the applicable duration.
20. Communications
When you visit nurture.farm, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the website or mobile application or by any other mode of communication. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to your use of the website and/or your order placed on the website or mobile application.
21. Losses
We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website or mobile application.
22. Alteration of service or amendments to the conditions
We reserve the right to make changes to our website and mobile application, policies, and these Conditions of Use at any time at our sole discretion. You will be subject to the policies and Conditions of Use in force at the time that you use the website or mobile application or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
23. Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. In the event this happens, we will, at our option, either make commercial efforts to reschedule the delivery of such products and services to a date nearer to the earlier committed date or refund the amount that you paid. This condition does not affect your statutory rights.
24. Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
25. Governing law and Jurisdiction
These conditions are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Mumbai.
26. Our Details
This website and mobile application is operated by Nurture Agtech Limited.
Registered Office: Uniphos House, C.D. Marg, 11th Road, Khar West, Mumbai-400052, Maharashtra, India
For the nurture.farm website, you could contact us by visiting: https://nurture.farm/
Schedule A
a. Reward Programs are not applicable to all the products and services available for purchase in the nurture.farm website or mobile application.
b. Reward Programs are applicable to only a limited number of products and services and for a limited period of time, as introduced by Nurture Agtech Limited in the nurture.farm website or mobile application from time-to-time.
c. All points accrued against the account of an User prior to 1st October, 2023 in relation to any/all Reward Programs introduced by Nurture Agtech Limited shall expire on 1st March, 2024. Accordingly, by implication, an User shall have the right to redeem his / her accrued points on or within 29th February, 2024. In this connection, if an User fails to redeem such points on or within 29th February, 2024, all such accrued points mapped to an User shall lapse and the User shall lose his / her rights to redeem the accrued points thereafter. Any request made by an User to Nurture Agtech Limited subsequent to 29th February, 2024, for whatsoever reasons it might be in relation to redemption of accrued points shall not be entertained by Nurture Agtech Limited.
d. All points accrued against the account of an User on or after 1st October, 2023 shall expire, if not redeemed, within a period of 3 (three) months from the date of issuance of the point(s) by Nurture Agtech Limited. In this connection, if an User fails to redeem such points on or within the day prior to the date of expiry of the points, all such accrued points mapped to the said User shall lapse and the User shall lose his / her rights to redeem the accrued points thereafter. Any request made by an User to Nurture Agtech Limited subsequent to the date of expiry of the points, for whatsoever reasons it might be in relation to redemption of accrued points shall not be entertained by Nurture Agtech Limited.
e. The Reward Programs shall be governed by the Laws of India and the Courts of Mumbai shall have exclusive jurisdiction over any disputes which may arise between an User and Nurture Agtech Limited in relation to the aforesaid Rewards Program.
Terms of Service
Welcome to nurture.farm Platform
The terms and conditions as set out herein ( “Terms”) constitute an agreement between Nurture Agtech Limited ( “nurture.farm”, “we”, “us” or “our” ), which manages and operates the www.nurture.farm (defined below) and any natural or legal person who accesses and/or uses nurture.farm platform in any manner ( “you” or “your”) or uses any current or future service(s) or functionality or offers or products made available on Platform ( “Service”), as updated from time to time.
By using the Platform, you expressly agree to be bound by the Terms. So please read these carefully before continuing to use the Platform. If you do not agree with any of these terms, please do not use this Platform. Please note that your access to the Services, other platforms or utilisation of Products (defined below), offers or promotions in relation to the Products as may be provided by nurture.farm or its affiliates, may be governed by other terms and conditions, policies or guidelines ( “Additional Terms” ) along with these Terms. If these Terms are inconsistent with any Additional Terms, the Additional Terms will control to the extent of such inconsistency with respect to the applicable Service or utilisation of the Product. These Terms govern your use of the Platform and transaction or dealings thereon.
For the purposes of these Terms: (a) “ Platform” means the www.nurture.farm which include its corresponding mobile application/wallet/ website/tablet/desktop or any other digital mode and/or operating system as provided by nurture.farm, on which you may avail the Services and includes applications controlled and managed by nurture.farm, which interact with one or more such mobile applications/ wallets/ websites/ tablets and digital modes as provided by Nurture; (b) “Products” shall mean the variety of products offered for sale to you on the Platform; and (c) nurture.farm and you are hereinafter individually referred to as “Party ” and collectively as “Parties”.
TERMS AND CONDITIONS FOR USAGE OF THE PLATFORM
1. GENERAL
1.1 The terms and conditions for usage of the Platform as set out herein (“Terms of Use”) specifically govern your access and use of the Platform, which provides a forum for you to inter alia enable you to discover, select and buy Products/Services listed on the Platform at the indicated price at any time, from the serviceable locations serviceable by nurture.farm.
1.2 Please note that we may from time to time change the Terms of Use that govern your use of the Platform. Every time you wish to use our Platform, please check these Terms of Use to ensure you understand the terms and conditions that apply at that time. Further, please note that nurture.farm reserves its right to either change the format and the content of the Platform or it may suspend the operation of the Platform for support or maintenance work, in order to update the content or for any other reason, at any time.
1.3 Any accessing, browsing, or otherwise using the Platform indicates your agreement to these Terms of Use, the privacy policy of Platform and any other policies or guidelines that may be applicable on the Platform at the time of your access and usage of the Platform and which may be updated from time to time (collectively, the “Agreement”).
1.4 This document is an electronic record in terms of Information Technology Act, 2000 and Rules made thereunder along with other prevailing laws as may be applicable. This electronic record is generated by a computer system and does not require any physical or digital signatures.
1.5 We authorise you to view and access the Platform solely for identifying Products/Services carrying out purchases of products or use of Services on the portal.
1.6 By accepting this Agreement, you affirm that you are 18 (Eighteen) years of age or above and are fully competent to enter into this Agreement, and to abide by and comply with this Agreement. If a user is below 18 (Eighteen) years of age, it is assumed that he/she is using/browsing the Platform under the supervision of his/her parent or legal guardian and that such user’s parent or legal guardian has read and agrees to the terms of this Agreement, including terms of purchase of Products on behalf of the minor user. In the event we are made aware that a user is under the age of 18 and is using/browsing the Platform without the supervision of his/her parent or legal guardian, we reserve the right to deactivate such user’s account without further notice. Further, if you are using the Services on behalf of a company or organisation, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement.
2. REGISTRATION OF YOUR ACCOUNT
2.1 In order to use the Platform and/or avail the Services for the first time, you will have to register on the Platform. Registration is a one-time process based on successful mobile/e-mail OTP (One Time Password) verification. You will be eligible to further access and avail the Services only upon receipt of a confirmation e-mail or mobile SMS from us after filling in the necessary forms and after providing the necessary details as may be required by us at the time of your registration. You can register by providing relevant information, such as your name, gender, and such other details relevant for creating an account. Your login ID and password will be created basis the information provided by you, which you can use to access your Platform account at any time. Your credentials shared by you at the time of registration and your Platform login ID and password are referred to as “Account Information”. To avoid any discrepancy, you are allowed to use only one e-mail ID and one phone number to your registered account on Platform.
2.2 You are solely authorized to operate the account created by you. Consequently, it is your responsibility to maintain the confidentiality of the log in credentials of your account on the Platform and for restricting access to your computer/mobile/other similar devices to prevent unauthorized access to your account. You will at all times keep your Account Information current and accurate. You can access and update much of the Account Information you provided us with in the ‘Your Account’ area of the Platform.
2.3 You will: (a) immediately inform nurture.farm of any unauthorized use of the account or any other security breach; and (b) ensure that you log out of your account at the end of each session. We, our employees, agents, directors and officers will not be liable for any loss or direct or indirect damage arising from your failure to comply with these Terms of Use. You may be held liable for any losses incurred to nurture.farm or any other user due to unauthorized use of their account by you . We reserve the right to refuse access to the Platform, terminate accounts, remove or edit content at any time without notice to you.
2.4 We may collect the following personally identifiable information about you:
· Name
· Address
· Email Address
· Zip / Postal Code
· Demograhic profile (like your age, gender, occupation)
· Financial information such as bank account or credit card or debit card or other payment instrument details
· Opinions of features on our websites or mobile applications
2.5 Personal use and security :
You acknowledge your right to use the service is personal to you. You agree not to resell or make any commercial use of the service without the express consent of nurture.farm . You are entirely responsible for not maintaining the confidentiality of your password and account. You shall be fully liable for all use of your account, including any unauthorized use of your account by any third-party
3. COMMUNICATION AND UNSUBSCRIPTION
3.1 By accepting the Terms of Use, you also accept to receive news, updates, offers/ campaign related SMS, to the mobile phone number provided by you. By accessing and using the Platform and/ or verifying your contact number with us, you explicitly consent to receive such communications (through call, SMS, email or other digital and electronic means) from us and/or our authorized representatives regarding any new services or offerings, even if your contact number is registered under the DND/NCPR list under the Telecom Commercial Communications Customer Preference Regulations, 2018.
3.2 You can unsubscribe / opt-out from receiving marketing/ promotional communications, newsletters and other notifications from nurture.farm at any time by following the instructions set out in such communications
4. DISCLAIMER OF WARRANTIES, INACCURACIES OR ERRORS
4.1 nurture.farm will try to ensure that all information and recommendations, whether in relation to the Products, Services, offerings or otherwise (hereinafter “Information”), provided as part of this Platform is correct at the time of inclusion on the platform, nurture.farm does not guarantee the accuracy of the Information. nurture.farm makes no representations or warranties as to the completeness or accuracy of Information.
4.2 nurture.farm makes no commitment to update or correct any Information appears on the Platform.
4.3 You agree that Information is being supplied to you on the condition that you will make your own determination as to the suitability of such information for your purpose prior to use or in connection with the making of any decision. No Information on the Platform shall constitute an invitation to invest in nurture.farm or any affiliates. Any use of this Platform or the Information, is at your own risk. Neither we, our affiliates, nor their officers, employees or agents shall be liable for any loss, damage or expense arising out of any access to, or use of, upon, this website or mobile application, the Information, or any third party website linked to this Platform. nurture.farm is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to access links of any third party platforms, you are doing so entirely at your own risk and expense.
4.4 As means to assist the users in identifying the Products of their choice, we provide visual representations on Platform through graphics, illustrations, photographs, videos, charts, screenshots, infographics and other visual aids. While reasonable efforts are made to provide accurate visual representation, we disclaim any guarantee or warranty of exactness of such visual representation or description of the Product, with the actual Product ultimately delivered to users. The appearance/color of the Products when delivered may differ for various reasons.
4.5 Nothing contained herein is to be construed as a recommendation to use any Product, process, equipment or formulation, in conflict with any patent, or otherwise and nurture.farm makes no representation or warranty, express or implied that, the use thereof will not infringe any patent, or otherwise.
4.6 nurture.farm does not covenant or provide any representations and warranties:
4.6.1 In respect of quality, suitability, accuracy, reliability, performance, safety, merchantability, fitness for a particular purpose/consumption or the content (including Product or pricing information and/or specifications) on the Platform;
4.6.2 That the Services will be made available at all times;
4.6.3 That the operation of Platform, including the functions contained in any content, information and materials on Platform or services linked to Platform will be uninterrupted, or that the defects will be rectified, or that Platform or the servers that make such content, information and materials available are free of viruses or other harmful components.
4.7 THIS PLATFORM AND THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “WHERE-IS” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES. NURTURE.FARM, FOR ITSELF AND ANY THIRD PARTY PROVIDING MATERIALS, SERVICES, OR CONTENT TO THIS WEBSITE AND MOBILE APPLICATION, MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT OF THIRD PARTY RIGHTS, WITH RESPECT TO THE PLATFORM, THE INFORMATION OR ANY PRODUCTS OR SERVICES TO WHICH THE INFORMATION REFERS. NURTURE.FARM WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING FROM OR CONNECTED WITH THE SITE, INCLUDING BUT NOT LIMITED TO, YOUR USE OF THIS SITE OR YOUR INABILITY TO USE THE SITE, EVEN IF NURTURE.FARM HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4.8 Disclaimer : To the extent permitted by applicable law, nurture.farm, our officers, agents, employees and directors disclaims any liability against any loss, damage, expenses, liabilities, claim, injury caused due to the failure of performance, omission, defect of products, or deletion, interruption, error, delay, virus, communication, unauthorised access, theft, destruction, alteration or use of records on the Platform.
4.9 nurture.farm will notify you promptly and without undue delay after becoming aware of a Data Incident, and promptly take reasonable steps to minimize harm and secure Customer Data.
5. AVAILABILITY AND ACCESIBILITY OF THE PLATFORM
5.1 nurture.farm controls and operates this Platform from India and if you use this Platform from outside India, you are entirely responsible for compliance with all applicable local laws. These Terms of Use do not constitute, nor may these Terms of Use be used for or in connection with any promotional activities or solicitation by anyone in any jurisdiction in which such promotional activities or solicitation are not authorized or to any person to whom it is unlawful to promote or solicit.
5.2 nurture.farm has several websites offering Products, Services, content and various other functionalities to specific regions worldwide. The Services offered in one region may differ from those in other regions due to availability, local or regional laws, shipment and other considerations. nurture.farm does not make any warranty or representation that a user in one region may obtain the Services from the nurture.farm site in another region and nurture.farm may cancel a user's order or redirect a user to the site for that user’s region if a user attempts to order Services offered on a site in another region.
5.3 Information that nurture.farm publishes on the world wide web may contain references or cross references to nurture.farm Products, programs and Services that are not announced or available in your country. Such references do not imply that nurture.farm intends to announce such Products, programs or Services in your country. Consult your local nurture.farm business contact for information regarding the Products, programs and Services that may be available to you.
5.4 We constantly monitor the user’s account in order to avoid fraudulent accounts and transactions. Users with more than one account or availing referral vouchers fraudulently shall be liable for legal actions under law and we reserve the right to recover the cost of goods, Services, collection charges and lawyer fees from persons using the Platform fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Platform and any other unlawful acts or omissions in breach of these terms and conditions. In the event of detection of any fraudulent or declined transaction, prior to initiation of legal actions, we reserve the right to immediately delete such account and dishonour all past and pending orders without any liability. For the purpose of this clause, we shall owe no liability for any refunds.
5.5 Your Consent:
5.5.1 You hereby provide us your consent for collecting your farm’s geolocation, soil sample for soil testing (which soil once collected by nurture.farm shall become the sole property of nurture.farm), monitoring your farm activities through satellites for the purposes of providing you Services, and such other Services as maybe notified by nurture.farm from time to time.
5.5.2 You consent to all the information collected from you in accordance with clause 5 to be used and shared with third parties by nurture.farm for (including but not limited to) the purpose of audit; diligence; research by nurture.farm and partners of nurture.farm; partnership and collaboration opportunities of nurture.farm etc.
5.5.3 You also understand and agree that nurture.farm shall be the sole owner of any and all Intellectual Property created from any of the activities mentioned in this clause 5 and you hereby waive off all your rights including any intellectual property rights.
6. THIRD PARTY INTERACTION AND LINKS TO THIRD PARTY SITES:
In your use of Platform, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or members or sponsors of Platform or access any other third party website linked to the Platform. Unless otherwise stated, any such correspondence, advertisement, purchase or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable third party. You agree that nurture.farm has no liability, obligation or responsibility for any such correspondence, purchase or promotion, access or usage of any third party website and the contract under such instances remains between you and any such third party.
7. COPYRIGHTS NOTICE:
Except as otherwise noted on this website and mobile application, Copyrights in the contents of this website and mobile application are with nurture.farm. All rights are reserved. No part of the information on this website and mobile application, including text, graphics and html code, may be reproduced or transmitted in any form by any means without the express written consent of nurture.farm.
8. TRADEMARK NOTICE:
All the trade names associated with nurture.farm and all products and logos denoted with TM or are trademarks or registered trademarks of nurture.farm or its affiliates. nurture.farm trademarks may not be used in connection with any product or service that is not a nurture.farm product or service.
9. LICENSE AND USE OF YOUR CONTENT
9.1 If nurture.farm becomes aware of inappropriate use of the Platform or any of its Services, nurture.farm will respond in any way that, in its sole discretion, nurture.farm deems appropriate. You acknowledge that nurture.farm will have the right to report to law enforcement authorities any actions that may be considered illegal, as well as any information it receives of such illegal conduct. When requested, nurture.farm will co-operate fully with law enforcement agencies in any investigation of alleged illegal activity on the internet.
9.2 Submissions and unauthorised use of any materials contained on the Platform may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations. You alone are responsible for your actions or the actions of any person using your username and/or password. As such, you shall indemnify and hold nurture.farm and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all loss, costs, damages, liabilities, and expenses (including attorneys' fees) incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Platform or the use of the Platform by any person using your user name and/or password (including without limitation your participation in the posting areas or your submissions) violates any applicable law or regulation, or the rights of any third party.
9.3 nurture.farm reserves the right to terminate access to this Platform at any time and without notice. Further this limited license terminates automatically, without notice to you, if you breach any of these Terms of Use. Upon termination, you must immediately destroy any downloaded and printed materials. Any provision of the Terms of Use which imposes an obligation or creates a right that by its nature will be valid after termination or expiration of the Terms of Use shall survive the termination or expiration of the Terms of Use.
10. USER WARRANTIES AND RESTRICTIONS
10.1 You represent and warrant that: (a) your use of Platform and/or Services will not violate any applicable law or regulation; (b) all information that is submitted to nurture.farm in connection with Platform and/or Services is true, accurate and lawful; (c) use of the content and material you supply does not breach any applicable Agreement and will not cause injury to any person or entity (including that the content or material is not defamatory). If at any time, the information provided by you is found to be false or inaccurate, nurture.farm will have the right to reject registration, cancel all orders, and restrict you from using the Services and other affiliated services in the future without any prior intimation whatsoever. You agree to indemnify nurture.farm and its affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.
10.2 You will use the Platform for lawful purposes only and will not undertake any activity that is harmful to Platform or its content or otherwise not envisaged through the Platform. You have a limited license to access and use the Platform, solely for the purpose of availing the Services, subject to these Terms of Use.
10.3 You will not do any of the following:
10.3.1 Delete or modify any content on Platform, such as any information regarding the Services, their performance, sales or pricing;
10.3.2 Use any engine, software, tool, agent or other mechanism (such as spiders, robots, avatars, worms, time bombs etc.) to navigate or search Platform;
10.3.3 Make false or malicious statements against the Services, the Platform or nurture.farm;
10.3.4 Post, copy, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise disrupt or damage Platform and/or Services or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of Platform and/or the Services;
10.3.5 Introduce any trojans, viruses, any other malicious software, any bots or scrape Platform for any information;
10.3.6 Probe, scan, or test the vulnerability of any system, security or authentication measures implemented by us or otherwise tamper or attempt to tamper with our technological design and architecture;
10.3.7 Hack into or introduce malicious software of any kind onto Platform;
10.3.8 Gain unauthorized access to, or interfere with, or damage, or disrupt the server on which the details connected to the Services are stored, or any other server, computer, or database connected to the Services; or
10.3.9 Engage in any form of antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,”, “phishing” and “griefing” as those terms are commonly understood and used on the internet.
10.3.10 Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the US securities and exchange commission, any rules of any national or other securities exchange, including, without limitation, the New York stock exchange, the American stock exchange or the NASDAQ, and any regulations having the force of law.
10.3.11 You are prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, updating or sharing on or through Platform, any information that:
a) belongs to another person and to which you do not have any right;
b) is harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, hateful, relating to or encouraging money laundering or gambling, or otherwise harmful in any manner whatsoever;
c) harms minors in any way;
d) infringes any patent, trademark, copyright or other proprietary rights;
e) violates any law for the time being in force;
f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
g) impersonates or defames another person; or
h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
11. INDEMNIFICATION AND LIMITATION OF LIABILITY
You agree to indemnify, defend and hold harmless nurture.farm, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from and against any and all third- party claims, losses, liabilities, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of Platform or the Services, violation of these Terms of Use, or infringement of any intellectual property or other rights of nurture.farm or any third-party. nurture.farm will notify you promptly of any such claim, loss, liability, or demand, and in addition to the foregoing, you agree to provide nurture.farm with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
12. APPLICABLE LAW AND JURISDICTION
These Terms of Use are governed by and to be interpreted in accordance with laws of India, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree, in the event of any dispute arising in relation to these Terms of Use or any dispute arising in relation to the Platform whether in contract or tort or otherwise, to submit to the exclusive jurisdiction of the courts located at Mumbai, India for the resolution of all such disputes.
13. GRIEVANCE OFFICER
In accordance with the applicable law, any grievances which you may have with respect to the information shared by you with nurture.farm hereunder and its treatment or any grievance related to Services being availed hereunder, may be directed by you to the grievance officer of nurture.farm at the below mentioned coordinates:
Name: Ritesh Gupta
Designation: Grievance Officer
Email ID: grievances@nurture.farm
14. FORCE MAJEURE
nurture.farm will not be held responsible for any delay or failure to comply with its obligations if the delay or failure arises from any cause which is beyond nurture.farm’s reasonable control.
15. WAIVER
No provision in these Terms of Use will be deemed waived and no breach excused, unless such waiver or consent is in writing and signed by nurture.farm. Any consent by nurture.farm 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.
16. SEVERABILITY
If any provision of these Terms of Use is held by a court of competent jurisdiction to be unenforceable under applicable law, then such provision will be excluded from these Terms of Use and the remainder of these Terms of Use will be interpreted as if such provision were so excluded and will be enforceable in accordance with its terms; provided however that, in such event, these Terms of Use will be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction.
17. AMENDMENT
These Terms of Use are subject to amendments and modifications and may be updated from time to time, without any advance notice. You are requested to regularly review the Terms of Use as available on the Platform. Your relationship with the Platform will be governed by the most current version of these Terms of Use, as published on the Platform.
18. MISCELLANEOUS
18.1 In addition to these Terms of Use, you will also ensure that you are in compliance with the terms and conditions of the third parties, such as bank offers terms and conditions, brand promotional offers, whose links, if any, are contained/embedded in the Services. You agree that nurture.farm will not be liable for any transaction between itself and any such third parties.
18.2 These Terms of Use supersede all previous oral and written terms and conditions (if any) communicated to you by nurture.farm, for the use of the Platform, and the rights and liabilities with respect to any Services to be provided by nurture.farm shall be limited to the scope of these Terms of Use.