Following are the Terms of Use applicable to the website, kalgudi.com (“Website”) and mobile application, Kalgudi (“App”, collectively as “Kalgudi”), both owned and operated by ‘Vasudhaika Software Solutions Private Limited’ (“Vasudhaika”), facilitating collaboration, communication and interaction between, including without limitation, farmers, agriculturalist, scientist, vendors, dealers, intermediaries, ware houses, wholesalers, merchants, retailer and business partners (“User(s)”) for business purposes with a web based intelligence platform (“Services”). Any other services offered by Vasudhaika or other features, content, or applications offered from time to time, through Kalgudi are governed by the following Terms of Use (“Terms”).
User agrees to be bound by these Terms, regardless if they use the Services with or without being registered with Kalgudi. Vasudhaika reserves the right to modify these Terms from time to time, and each such modification shall be effective upon posting on Kalgudi.
1.1. Vasudhaika grants the User a non-exclusive, revocable, non-transferrable and limited license to access and use the Services on his/her/its personal device as made available through the Website/App. Vasudhaika may, from time to time, update or modify the App and Website, release new versions or create new modules related thereto, each of which may, at Vasudhaika’s discretion, be included within the license granted above. The User shall not be permitted to sublicense or transfer any of his/her/its rights hereunder including without limitation, access to Kalgudi through the respective login credentials authenticated for a particular User.
2.1. User agrees that, in order to access and use the Services, he/she will have to give an authenticated mobile phone number and other personal information to Kalgudi. The User acknowledges that in order to provide the Services through App, Company may periodically access the User’s contact list and/or address book on the mobile device(s) to find and keep track of mobile phone numbers of the contacts or other stakeholders using the App. The User hereby gives express consent to Vasudhaika to access his/her contact list and/or address book.
2.2. The User further represents and warrants that:
(a) The User has right, authority, and capacity to enter into these Terms of Use;
(b) The User agrees that in order to use the Services, he/she will have to register with Kalgudi and pursuant to such registration, he/she shall have access to certain features available;
(c) all registration information submitted is truthful and accurate;
(d) the User is neither a competitor of Vasudhaika nor using the Services for reasons that are in competition with the Services of Vasudhaika;
(e) User is entitled to submit the information to Kalgudi and that such information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights;
(f) User will maintain the accuracy of such information;
(g) Use of the Services does not violate any applicable law; and
(h) User shall not stalk or harass any other User of the Services.
3.1. User shall not:
(a) remove any copyright, trademark or other proprietary notices from any portion of the Services;
(b) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Vasudhaika;
(c) decompile, reverse engineer or disassemble Kalgudi except as may be permitted by applicable law;
(d) link to, mirror or frame any portion of the Services;
(e) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of Kalgudi or unduly burdening or hindering the operation and/or functionality of any aspect of the Services;
(f) use any “web-crawler”, "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent process, to access, copy or monitor any portion of Kalgudi without the consent of Vasudhaika.
(g) attempt to gain unauthorized access to or impair any aspect of Kalgudi or its related systems or networks or Services; or
(h) attempt to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to Kalgudi, overloading, “flooding”, “spamming”, “mail bombing”, “hacking” or “crashing” etc.
3.2. In addition to the above, the Users shall not:
(a) reformat or frame any portion of the pages that are part of Kalgudi;(d)
(b) create User accounts under fraudulent pretenses;
(c) submit any content or material that falsely express or imply that such content or material is sponsored or endorsed by Kalgudi;
(d) transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
(e) take any action that imposes, or may impose, an unreasonable or disproportionately large load on Kalgudi;
(f) use the Services to transmit, distribute, post, or submit any unauthorized information (“Posted Information”) that is libelous, defamatory, obscene or in violation of these Terms of Use and Privacy Policy of Vasudhaika.
4.1. User understands and agrees that Vasudhaika may review any content posted on Kalgudi, and in case Vasudhaika finds, at its sole discretion, that the User violates any of these Terms especially Clause 3, then it reserves the right to take actions to prevent/control such violation, including without limitation, removing the offending communication or content from Kalgudi and/or terminating the registration of such violators and/or blocking their use of the Services.
4.2. Vasudhaika shall also be entitled to investigate occurrences which may involve such violations and may take appropriate legal action, involve and cooperate with law enforcement authorities in prosecuting Users who are involved in such violations.
4.3. The User acknowledges that in no event shall Vasudhaika be liable for any damages whatsoever whether direct, indirect, general, special, compensatory, consequential, punitive or incidental, arising out of or relating to the conduct of the User or anyone else in connection with the use of the Services. The User also acknowledges that in any such event Vasudhaika shall also have the right to hold such defaulting party liable and initiate proceedings against such party in the courts and other appropriate forums.
5.1. User acknowledges and agrees that Vasudhaika or its licensors or such other third party own all legal rights, titles and interests in and to the Services, including any intellectual property rights which subsist in Kalgudi, its content and Services, whether those rights happen to be registered or not, and wherever in the world those rights may exist.
5.2. Unless agreed otherwise in writing by Vasudhaika, nothing in the Terms gives the User or any third party a right to use any of Vasudhaika’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
5.3. Vasudhaika acknowledges and agrees that unless otherwise specified in any other document pertaining to specific content, that it obtains no right, title or interest from the User under these Terms in or to any content that the User submits, posts, transmits or displays on, or through, the Services, including any intellectual property rights which subsist in that content, whether those rights happen to be registered or not, and wherever in the world those rights may exist. Unless Vasudhaika agrees to otherwise in writing, User agrees that he/she is responsible for protecting and enforcing those rights and that Vasudhaika has no obligation to do so on User’s behalf.
5.4. User agrees that he/she shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
5.5. User agrees that in using the Services, he/she will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
If a copyright/ intellectual property owner or an agent thereof believes that any User content or other content on Kalgudi infringes upon their copyrights or other intellectual property, kindly contact Vasudhaika at legal@kalgudi.com.
7.1. User may be given access to certain non-public information, software and specifications of Kalgudi (“ Confidential Information”), which is confidential and proprietary to Vasudhaika. User may use Company’s Confidential Information only as necessary in exercising rights granted to them in this Agreement.
7.2. User agrees that he/she will not disclose Vasudhaika’s Confidential Information without its prior written consent.
7.3. User agrees that he/she will protect Vasudhaika’s Confidential Information from unauthorized use, access, or disclosure in the same manner that User would protect User’s own confidential and proprietary information of a similar nature and in any event with no less than a reasonable degree of care.
7.4. Vasudhaika’s Confidential Information includes, without limitation:
(a) all software, technology, programming, specifications, materials, guidelines and documentation relating to the App and/or Website;
(b) Application Program Interface (“API”) Data; and
(c) any other information designated in writing by Vasudhaika as "Confidential" or an equivalent designation.
7.5. Vasudhaika’s Confidential Information does not include information that:
(a) has become publicly known through no breach by User;
(b) has been independently developed without access to Vasudhaika’s Confidential Information, as evidenced in writing;
(c) has been rightfully received by User from a third party who has the lawful right to disclose such information; or
(d) is required to be disclosed by law or by a governmental authority.
7.6. User also agrees to protect all the personal and other information of the other Users which are confidential and proprietary to the particular User in the same manner as it is protected as his/her/its own confidential and proprietary information.
8.1. Vasudhaika acknowledges that it employs industry standard security protocol to ensure that the information which Users store in, transmit or transfer through Kalgudi is protected. The App and/or Website are hosted on a secure server.
8.2. The User shall be solely responsible for maintaining the confidentiality of the username and passwords, and for all activities that occur under his/her username. The User agrees to: (a) notify Vasudhaika immediately of any unauthorized use of his/her username and passwords or any other breach of security; and (b) ensure that the User has logged off from your account at the end of each session.
8.3. Vasudhaika will not be liable for any loss or damage arising from your failure to comply with this clause.
As a condition to register with Kalgudi to use the Services, the User agrees that:
(a) this Agreement is binding and enforceable against him/her;
(b) User will not use or register with Kalgudi if he/she is under 18 years of age or does not have the requisite mental and legal capacity to enter into this Agreement as per the laws of the jurisdiction where the User is situated;
(c) To the extent that the User is an individual accepting this Agreement on behalf of an entity, such individual has the right and authority to agree to all of the terms set forth herein on behalf of such entity;
(d) User will keep his/her contact information accurate and up-to-date;
(e) User will not provide any false personal information to Vasudhaika, or create an account for anyone other than himself/herself without permission;
(f) If Vasudhaika disables User’s account, User will not create another one without its permission; and
(g) User will not share his/her permanent and temporary log-in credentials or do anything else that might jeopardize the security of his/her account and other’s account.
10.1. Vasudhaika reserves the right to add to or alter these Terms from time to time, and each such modification shall be effective upon posting on Kalgudi.
10.2. Vasudhaika will inform the Users of such additions/alterations through e-mails, messages to User’s App account, notices posted on the Website, or through other means available through Services. These additions/alterations will not apply retroactively and will become effective from the date they are posted on the website.
10.3. Additions may be in the form of supplemental terms which may apply to certain Services, such as policies for a particular feature and such supplemental terms will be disclosed to you in connection with the applicable Service(s). Supplemental terms shall be deemed a part of the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
10.4. Continued use of the Services following any such modification constitutes User’s acceptance to be bound by these Terms as so modified. It is therefore important that User reviews these Terms regularly. If User does not agree to be bound by these Terms and to abide by all applicable laws, he/she must discontinue use of the Services immediately.
11.1. These Terms shall remain in full force and effect unless and until User’s account is terminated as provided herein.
11.2. Any licenses contained in this Agreement will terminate automatically without notice if User fails to comply with any provision of this Agreement.
11.3. Vasudhaika further reserves the right to terminate this Agreement or discontinue the Services provided through Kalgudi or any portion or feature thereof for any or no reason and at any time without liability to the User.
11.4. User may also terminate this Agreement for any or no reason and at any time. Upon such termination for any reason, User shall cease to have access to Kalgudi and to the use of any specifications of it. However, User acknowledges and agrees that the User’s content, data and Submissions will be stored in the server securely.
11.5. User shall delete all copies of Kalgudi, Vasudhaika’s specifications and Confidential Information, other Users’ personal and confidential information and shall further cease and desist from distributing or developing Kalgudi, specifications and information.
11.6. Vasudhaika will not be liable for any costs, expenses, or damages as a result of the termination of this Agreement.
11.7. Sections 4, 7, and 14 through 17 of this Agreement shall survive following any termination of this Agreement.
Kalgudi may contain features and functionalities that allow access to third party content, including websites, data, information, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the internet as a whole. Any such activities, and any terms associated with such activities, are solely between User and the applicable third party. User should make whatever investigation he/she may feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Users are solely responsible for their dealings with any third party, including the use of applications or services and the delivery of and payment for goods and services. If User has any problems resulting from use of any third party services, or suffers data loss or other losses as a result of problems with any of other service providers or any third-party services, Vasudhaika shall not be responsible for the same. Vasudhaika has no control over and assumes no responsibility for the content, privacy policies, or practices of any third party websites.
13.1. Kalgudi allows the User to submit reviews, clarifications, answers, content and other information (“Submissions”) for a query raised by other Users in the forum which may be hosted, shared or published as part of the Services, and may be visible to other Users. The User represents that he/ she/it shall not have any objection to such Submissions and also agrees not to hold Vasudhaika responsible for the Submissions made and for the consequences of uploading them. Vasudhaika is only acting as a repository of data, Submissions and those Submissions made by the Users do not represent the views/ clarifications of Vasudhaika and it makes no gurantees as to the validity, accuracy or legal status of any Submissions.
13.2. The User affirms, represents and/or warrants that he/she/it own or have the necessary licenses, rights, consents, and permissions to use and authorize Vasudhaika to use all the proprietary rights in and to any and all Submissions and intellectual property of them to enable inclusion and use of such Submissions in the course of Services being provided on Kalgudi.
13.3. User owns all of content, network data and other information that they may upload on or shares through Kalgudi. Vasudhaika does not claim any ownership rights in User’s content except to the extent otherwise provided in this Agreement.
13.4. User further agrees that they will not- (a) submit any Content that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless they are the owner of such rights or have the permission from their rightful owner to share the material and to grant Vasudhaika all of the license rights granted therein; (b) publish falsehoods or misrepresentation that could damage Vasudhaika or any third party, including, without limitation, loss of reputation, credibility, revenue.
14.1. These Terms shall be governed by and interpreted and construed in accordance with the laws of India. User will resolve any claim, cause of action or dispute or claim arising out of or relating to these Terms exclusively in the courts of law in Hyderabad, the State of Telangana.
14.2. If anyone brings a claim against Vasudhaika related to User’s actions, content or information on Kalgudi, User will indemnify and hold Vasudhaika harmless from and against all damages, losses, and expenses of any kind, including reasonable legal fees and costs, related to such claim. Vasudhaika shall also have the right to hold the User or such other person liable for the damages, losses and expenses which Vasudhaika may incur and initiate proceedings in any appropriate courts or other forums for the material breach of these Terms by the User. Although Vasudhaika provides rules for User conduct, Vasudhaika does not control or direct Users’ actions on Kalgudi and is not responsible for the content or information Users transmit or share on or use in Kalgudi. Vasudhaika is not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information User may encounter on the App. Vasudhaika is not responsible for the conduct, whether online or offline, of any User.
15.1. VASUDHAIKA TRIES TO KEEP KALGUDI, BUG-FREE, AND SAFE, BUT THE USER AGREES TO USE IT AT HIS/HER OWN RISK. VASUDHAIKA IS PROVIDING THE SERVICES AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
15.2. VASUDHAIKA DOES NOT GUARANTEE THAT KALGUDI WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT IT WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS.
15.3. VASUDHAIKA DOES NOT WARRANT THAT: (A) THE SERVICE WILL MEET THE USER’S REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY INFORMATION THAT THE USER MAY OBTAIN FROM THE SERVICE WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY THE USER THROUGH THE SERVICE WILL MEET HIS/HER EXPECTATIONS; OR (E) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED.
15.4. VASUDHAIKA IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND USER RELEASES VASUDHAIKA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM THE USER HAS AGAINST ANY SUCH THIRD PARTIES.
15.5. VASUDHAIKA WILL NOT BE LIABLE TO USER FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR KALGUDI.
15.6. IN CERTAIN JURISDICTIONS, APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO USER. IN SUCH CASES, VASUDHAIKA’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
15.7. VASUDHAIKA IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS, PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF COMMUNICATION ON ACCOUNT OF TECHNICAL PROBLEMS, OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS OR TO ANY OTHER PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEB OR IN CONNECTION WITH THE SERVICE.
15.8. IN NO EVENT WILL VASUDHAIKA BE LIABLE TO THE USER FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF KALGUDI, VASUDHAIKA’S SPECIFICATIONS, CONTENT, OR OTHER PRODUCTS AND SERVICES, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
If there are any questions regarding these Terms of the Services, the User may contact us at legal@kalgudi.com.
17.1. These Terms along with the Privacy Policy make up the entire agreement between the parties regarding the Services, and supersedes any prior agreements or understandings.
17.2. If any portions of these Terms are found to be unenforceable, the remaining portion will remain in full force and effect.
17.3. Vasudhaika’s failure to require performance of any provision of these Terms, or to exercise any right provided for herein, shall not be deemed a waiver of such provision or such right.
17.4. Any amendment to or waiver of these Terms must be made in writing and signed by Vasudhaika.
17.5. User will not transfer any of User’s rights or obligations under these Terms to anyone else without Vasudhaika’s consent.
17.6. All of Vasudhaika’s rights and obligations under these Terms are freely assignable by Vasudhaika in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
17.7. Nothing in these Terms shall prevent Vasudhaika from complying with the applicable laws.
17.8. These Terms do not confer any third party beneficiary rights.
17.9. User should carefully read this Policy as it governs Vasudhaika’s treatment of any information, including personally identifiable information, User submits to Kalgudi.
17.10. Vasudhaika reserves all rights not expressly granted to User.
17.11. If under any law, User is entitled or obligated to act contrary to these terms, User consents to provide Vasudhaika with a comprehensive explanation of the reasons for such act in writing at least 30 days before User acts in such manner.
17.12. User will comply with all applicable laws when using or accessing the Services.