A. General Terms 1. This document provides the Terms of Use under which Farmers, Farmer Organizations, Farmer Bodies, Corporate Bodies , Retailers, Traders, Agriculture experts, Users ("User/s", "User", "you" and "your") may use "FPOAsia" a mobile application (herein after refer to as said "App/FPOAsia") which is owned and operated by ACFPCL a Company Incorporated in India under the Companies Act, 1956, having its registered office at 507, BDA Complex, Shivaji Nagar - 462016 2. Please read these Terms of Use carefully before downloading, installing or using the App. By downloading, installing or using the FPOAsia. By accessing and using the Application/Website (fpoasia.com), the User accepts the Terms of Use and agrees to be bound by same. The Terms of use shall take effect on the date of download, install, (visit site) or use any new features that augment or enhance the App shall be subject to these Terms of Use. If User does not agree with these Terms of Use, then he/she should cease downloading, installing or using the same immediately. 3. By downloading, installing, accessing or using User acknowledges and agrees that he/she is legally competent and is entering into a legally binding contract with ACFPCL in respect to his/her use of the App which contract includes all Supplementary Terms. 4. The User acknowledge and agree that a printed version of this contract and/or any electronic communication by ACFPCL shall be admissible in judicial or administrative proceedings based upon or relating to this contract and/or your use of the App to same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. 5. The App has been prepared in and is downloadable in India in accordance with Indian law. If the App is accessed by User from outside India, User should ensure that such download is permissible and is in accordance with the laws of such jurisdiction. If User choose to access or use the "App" from or in locations outside India, User do so on User's own initiative and are responsible for ensuring that what User is doing in that country is legal; and the consequences and compliance by User with all applicable laws, regulations, byelaws, codes of practice, licenses, registrations, permits and authorizations. 6. The User is responsible for all access to FPOAsia through his/her mobile device/login id and for bringing these Terms of Use to the attention of all such persons. 7. The Use of the FPOAsia does not include the provision of a mobile device or other necessary equipment to access it. To use the FPOAsia User will require Internet connectivity and appropriate telecommunication links. We shall not have any responsibility or liability for any telephone or other costs User may incur in this respect. 8. FPOAsia is available to selected Apps/platforms and would soon be released/made available on other Apps/platforms and in order to use FPOAsia, the user is required to have a compatible App/Platform, internet access, and the necessary minimum specifications as above. The quality and availability of the App may be affected by factors like internet access and other factors beyond control of FPOAsia. 9. The User shall not in any way use the FPOAsia or submit to us or to the FPOAsia or to any user of the FPOAsia anything which in any respect to following:- is in breach of any law, statute, regulation or byelaw of any applicable jurisdiction; is fraudulent, criminal or unlawful; is inaccurate or out-of-date; may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political; impersonates any other person or body or misrepresents a relationship with any person or body; may infringe or breach the copyright or any intellectual property rights (including without limitation copyright, trade mark rights and broadcasting rights) or privacy or other rights of us or any third party; may be contrary to our interests; is contrary to any specific rule or requirement that we stipulate on the FPOAsia in relation to a particular part of the FPOAsia or the FPOAsia generally; or involves User's use, delivery or transmission of any viruses, unsolicited emails, trojan horses, trap doors, back doors, easter eggs, worms, time bombs, cancel bots or computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. 10. The User agrees not to reproduce, duplicate, copy or re-sell FPOAsia or any part thereof unless otherwise specified herein. 11. The User agrees not to access the App without authority, interfere with, damage or disrupt:-any part of the FPOAsia; any equipment or network on which the FPOAsia is stored; any software used in the provision of the FPOAsia; or any equipment or network or software owned or used by any third party. 12. The User hereby grants FPOAsia an irrevocable, royalty-free, worldwide, assignable, sub-licensable license to use any material which User submit to us or the FPOAsia for the purpose of use on the FPOAsia or for generally marketing (by any means and in any media, including, but not limited to, on our website or in our journals) our services. The User agrees to waive his/her moral rights to be identified as the author and we may modify User's submission. 13. The Commentary, data, information and other materials available and accessible through FPOAsia are not intended to amount to advice on which reliance should be placed, unless specified otherwise. Subject to clauses below, we hereby disclaim all liability and responsibility arising from any reliance placed on such materials by any user of FPOAsia, or by anyone who may be informed of any of its contents. 14. The User assumes sole responsibility for results obtained from the use of the FPOAsia, and for conclusions drawn from such use. Subject to clauses below, we shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to us by User in connection with the FPOAsia, or any actions taken by us at User's direction. 15. The User agrees to comply at all times with any instructions for use of the FPOAsia which we make from time to time. 16. If User chooses, or User is provided with, a user identification code, password or any other piece of information as part of our security procedures, User must treat such information as confidential, and User must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by User or allocated by us, at any time, if in our opinion User have failed to comply with any of the provisions of these Terms of Use. B. Services 1. FPOAsia is a mobile application where registered users would be able to access various information related to agriculture like collaborations among stackholders, search desired organizations and products, registration The app may be upgraded from time to time with new features and services. The User is required to intimate itself about the latest feature and services available on FPOAsia. 2. The User represents and warrant that:- all information you submit is truthful, current, complete and accurate; your use of FPOAsia does not violate any applicable law or regulation; 3. FPOAsia may, at its sole and absolute discretion and at any time, terminate your privilege to use this App for breach of any terms herein or any other reason. 4. The features and/or service displayed on the App may change or may be discontinued at any time without notice. The information on the App may be out of date and FPOAsia makes no commitment to update these materials on the App. 5. FPOAsia will connected to Registered Users by way of various means including but not limited to sms, broadcast messages on FPOAsia, calls, emails etc. 6. Both party will keep confidential any non-public information that it receives about or in relation to the other party and shall not, without the consent of the other, disclose it to any third party nor to use it for any purpose other than in the performance of the Agreement. 7. The User agrees that FPOAsia may collate, compile, archive use, transfer, create databases out of or otherwise deal with User's personal data and use any part of it: (a) as reasonably necessary provide Service; (b) Service improvement and development of new products and/or services; (c) to inform and/or get in touch with Users about the availability of or engage in direct marketing efforts for newer products and/or services or FPOAsia or FPOAsia suppliers or counter parties (and for that purpose share Client or User's personal data with those third parties), unless User has in each case opted out of receiving such communications 8. In order to take into account technical changes, FPOAsia may by at least 30 days' prior written notice require User to upgrade, change or replace any Device, infrastructure, software, hardware, equipment and/or communications link (together, Infrastructure) used by User to receive the Service. The User shall at its own cost comply with any such notice. The User acknowledges and accepts that any such changes may have an impact on the performance of Infrastructure C. Limitation of Liability 1. We shall not be liable if for any reason the App is unavailable for any time or for any period. We make no warranty that User's access to the App will be uninterrupted, timely or error-free. While we endeavour to ensure that information and materials on the App are correct, no warranty or representation, express or implied, is given that they are complete, accurate, up-to-date, fit for a particular purpose and, to the extent permitted by law, we do not accept any liability for any errors or omissions. The User understands and hereby agrees that, except as otherwise expressly stated and to the extent applicable by law, in no event will FPOAsia and its affiliates be liable to any user or any other party for any damages, including but not limited to direct, indirect, special, consequential, or exemplary damages. The User understands and agrees that its use of the App is conditioned upon your waiver of any right against FPOAsia and its affiliate, for damages or losses resulting from your use of the App. D. Disclaimer of Warranties FPOAsia makes no warranties regarding the safety of the App and the accuracy of the content thereon. Each party represents and warrants that it shall perform its obligations so as to comply with applicable Central, state and local laws, ordinances and regulations. The users warrants that it own or otherwise have sufficient rights to grant the license granted to its proprietary material in compliance with all applicable laws and regulations including but not limited to any Indian patent, copyright, trademark, or trade secret law or regulation. The User further warrants that the use of its proprietary material will not infringe upon any intellectual property, or any other rights of any third party. Except as otherwise expressly provided, all content, information, services and tools and on this App are provided on an "As Is", "As Available" basis and use of this Service is solely at your own risk. We expressly disclaims all warranties and conditions of any kind whether express or implied, including but not limited to, the implied warranty of merchantability, non-infringement, fitness for a particular purpose, and all implied warranties arising from statute, course of dealing, course of performance or usage of trade. FPOAsia makes no warranty that the content and software are accurate, timely, uninterrupted, virus-free or ERROR-FREE. To the extent permissible by law, FPOAsia expressly disclaims any and all other warranties. E. Waiver Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service. F. Independence from Platforms The App is independent of any platform on which it is located. [FPOAsia] is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, Apple, Google, Android or RIM Blackberry (each being an "Operator"). The Download, installation, access to or use of the App by User is also bound by the terms and conditions of the Operator. G. IPR Rights The [FPOAsia] Application, services and materials made available on the App, and their selection and arrangement inclusive of trademarks, service marks, information and content, whether registered or not, are the sole property of FPOAsia. The user acquires no right, titles or interest in any of the FPOAsia Property. The User will not (and will not allow any third party to) copy, modify, or have any rights over FPOAsia property, except as expressly provided herein. H. FPOAsia's Replacement Guarantee* The return policy period (FPOAsia's Replacement Guarantee) depends on the product category and the seller. Kindly see our return policy period applicable for different categories. If at the time of delivery and/or within the applicable return policy period, if any defect is found, then the buyer of the product/s can ask for replacement of the product/s from the seller subject to the following terms and conditions: 1. Notify us of any defects in the product/s at the time of delivery of the product/s and/or within the applicable return policy period and the same product/s will be replaced in return of the defective product/s. 2. Replacement can be for the entire product/s or part/s of the product subject to availability of the same with the seller. Following products shall not be eligible for return or replacement: Damages due to misuse of product; Incidental damage due to malfunctioning of product; Any consumable item which has been used/installed; Products with tampered or missing identification numbers; Any damage/defect which are not covered under the manufacturer's warranty Any product that is returned without all original packaging and accessories, including the box, manufacturer's packaging if any, and all other items originally included with the product/s delivered; Anything which is 'made to order' on customer's request I. Returns Policy Return is defined as the action of giving back the item purchased by the User on the FPOAsia Website/App. Following situations may arise: Item was defective Item was damaged during the Shipping Products was / were missing Wrong item was sent Return could also result in refund of money in most of the cases. We encourage the Buyer to review the listing before making the purchase decision. Buyer needs to raise the return request within the return period applicable to the respective product. Once Buyer has raised a return request by contacting us on Our Toll Free Number, On certain select days as specified by FPOAsia, separate policies may be applicable. For returning products, the following parameters needs to be ensured by the Buyer: Seeds: Should be "New" and returned with original packaging Crop Protection/Nutrition Products: Should be "New" and returned with original packaging Bottled Products: Should be "New & Unopened" Machinery Products: Should be "New" and returned with original packaging If the product being returned is not in accordance with the above parameters, then user shall not be entitled to any refund of money. J. Replacement Policy Replacement is the action or process of replacing something in place of another. A Buyer can request for replacement whenever he is not happy with the item, reason being Damaged in shipping, Defective item, Item(s) missing, wrong item shipped and the like. Buyer needs to raise the replacement request within the return period applicable to the respective product. Once Buyer has raised a replacement request by contacting Us on the Toll Free Number provided on the Website/App. Once the replacement request has been raised, the following steps shall be followed: Buyer is asked for "Reason for Return". Among others, the following are the leading reasons: Shipping was damaged Item was defective Item Dead on Arrival Item(s) were missing Wrong item sent K. Privacy Policy We view the protection of User's privacy as a very important principle. We understand clearly that the User and User's Personal Information is one of our most important assets. The User may submit and /or personal information with FPOAsia as a part of services offered herein. The personal information of the user would be stored and used as per applicable law and privacy policy of FPOAsia. FPOAsia built the FPOAsia Farmer App as a free app. This SERVICE is provided by FPOAsia at no cost and is intended for use as is. This page is used to inform website visitors regarding our policies with the collection, use, and disclosure of Personal Information if anyone decided to use our Service. If you choose to use our Service, then you agree to the collection and use of information in relation with this policy. The Personal Information that we collect are used for providing and improving the Service. We will not use or share your information with anyone except as described in this Privacy Policy. The terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, which is accessible at FPOAsia App, unless otherwise defined in this Privacy Policy. L. Information Collection and Use For a better experience while using our Service, we may require you to provide us with certain personally identifiable information, including but not limited to User's name, address, location, SMS, pictures, etc. The information that we request is will be retained by us and used as described in this privacy policy. The app does use third party services that may collect information used to identify you. M. Log Data We want to inform you that whenever Users use our Service, in case of an error in the app we collect data and information (through third party products) on User's phone called Log Data. This Log Data may include information such as your device's Internet Protocol ("IP") address, device name, operating system version, configuration of the app when utilising our Service, the time and date of your use of the Service, and other statistics. N. Service Providers We may employ third-party companies and individuals due to the following reasons: to facilitate our Service, to provide the Service on our behalf; to perform Service-related services; or, to assist us in analyzing how our Service is used. We want to inform users of this Service that these third parties have access to your Personal Information. The reason is to perform the tasks assigned to them on our behalf. However, they are obligated not to disclose or use the information for any other purpose. O. Security We value your trust in providing us your Personal Information, thus we are striving to use commercially acceptable means of protecting it. But remember that no method of transmission over the internet, or method of electronic storage is 100% secure and reliable, and we cannot guarantee its absolute security. P. Links to Other Sites This Service may contain links to other sites. If you click on a third-party link, you will be directed to that site. Note that these external sites are not operated by us. Therefore, we strongly advise you to review the Privacy Policy of these third party websites. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services. Q. Indemnification The User agrees to indemnify, defend and hold harmless, FPOAsia and its affiliates from any and all loss, damage or liability including reasonable attorney's fees arising from any third-party claim, action or allegations of infringement based on: information, content or data submitted by user in connection with the Website/App; User's use of the Website/ App in breach of any term or condition in the User Agreement; any violation of an applicable law, regulation or rights of another including misrepresentation and fraudulent conduct; breach of User representations and warranties as set forth herein. R. Dispute Resolution Any dispute, difference or question which may arise at any time hereafter between the parties hereto and touching upon the true construction of this or rights and liabilities of the Parties hereto shall be resolved amicably according to the provisions of the Arbitration and Reconciliation Act, 1996 or any statutory modifications or re-enactment thereof for the time being in force. The arbitration proceedings shall be conducted in Mumbai. The language for such arbitration proceedings shall be English. This Agreement shall be governed by and construed in accordance with the laws of India. Any disputes arising out of this Agreement shall be submitted to the jurisdiction of Mumbai Courts. S. Entire Agreement These Terms and Conditions shall govern the relationship between FPOAsia and the User. If you have any questions about them, please contact us at coordinator@isedindia.org or on our registered contact number provided on the Website(fpoasia.com) and app.