This document is an electronic contract between MindFount Infotech Private Limited (OPC) , a “Company” within the Companies Act, 2013, and having its registered office at E 203, JM Aroma Sector 75 Noida IN (hereinafter referred to as “Focus Agritech”) and YOU, under the provisions of the Information Technology Act, 2000 (as amended from time to time) as well as relevant rules framed thereunder and other applicable Indian laws and laws of relevant jurisdiction where Focus Agritech is being accessed from.

These Terms of Use govern your use of the website, content and community services offered through www.focusagritech.com (hereinafter referred to as the “Website” or “Site”). Terminology such as “You”/ “Your” shall mean visitor or user of the Site unless contrary to the context herein and all users herein agree to access the Site subject to the terms and conditions as set out herein below:

Please read these Terms carefully, as they form the entire agreement between You and FocusAgritech.

1. ACCEPTANCE OF THE TERMS OF USE

By accessing or using our Website in any way or clicking on a button or taking similar action to signify your affirmative acceptance of these Terms, you hereby represent that:

(i) You have read, understood, and agreed to be bound by these Terms and any future updates and additions to these Terms, as published from time to time at www.focusagritech.com.Your use of the Site after any amendments to the Terms of Use shall constitute your acceptance to such amendments.

(ii) You are of sound mind and legal age in the jurisdiction in which you reside, in order to form a binding contract with Us.

2. PROVISION OF SERVICES

The Website features text, images, audio material, video material and audio-visual material in the form of articles, blogs,videos, insights and interviews from top leaders of the agriculture industry who share their experiences, and knowledge. Our products include, but are not limited to digital advertising in form of different kind of advertising banners featured on the Website, product display sections, featured articles, interviews featuring C level executives and Founders / Co-Founders from the promising Agritech Start-ups in India and promotional videos. (“Services”)

You can access premium services (if any) on Focus Agritech. To avail free or paid subscription service as the case may be you may be required to register as a subscriber by completing the registration process by providing your details including but not limited to name, email ID, phone etc. 

3. USE OF THE SITE

i. Allowed uses:

a) Directions of Use: You must follow any and all guidelines or policies or directions of use as associated with each of the Services.

b) Material: For the purposes of these Terms, “material” shall mean any text, video, graphics and audio visual material, published on Focus Agritech, whether a copyright of Focus Agritech or any third party. You may download and print extracts from such material and make copies of it, for your own personal and non-commercial use only. You are not allowed to download or print the material, or extracts from it, in a systematic or regular manner or otherwise so as to create a database in electronic or paper form comprising all or part of the material appearing on Focus Agritech. You must not reproduce any part of Focus Agritech Website or the material or transmit it to or store it in any other website or disseminate any part of the material in any other form, unless we have indicated that you may do so.

ii. Restricted uses:

a) You must not misuse or interfere with the Services or try to access them using a method other than the interface and the instructions that we provide. You may use the Services only as permitted by law. Unless otherwise expressly stated, you may not access or reuse the Services, or any portion thereof, for any commercial purpose.

b) You must not:

• republish material from this website (including republication on another website);
• sell, rent or sub-license material from the Website;
• show any material from the Website in public without our consent;
• edit or otherwise modify any material on the Website (other than editing your own directory submissions as per the method provided);
• reproduce, duplicate, copy or otherwise exploit material on our Website for a commercial purpose; or
• redistribute material from theWebsite, except for content specifically and expressly made available for redistribution with our written consent and according to our terms;
• infringe or violate our Intellectual Property Rights;
• We reserve the right to restrict access to any areas of our Website, or indeed our whole Website, at our discretion.

iii. Hyperlinking policy & Data usage

We do not object you to link directly to the information that is hosted on Focus Agritech and no prior permission is required for the same. However, we do not permit our pages to be loaded into frames on your site. The pages belonging to this website must load into a newly opened browser window of the User. Please note that when you click on a link and leave our website you will be subjected to the terms of use and privacy policies of the other website that you are going to visit.

iv. You must not use our Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

v. You must not use our Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

vi. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Website, without our express written consent.

vii. You must not use data collected from our Website or our directory for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

4. CONTENT

i. Content submitted by You: 

a) You may submit material for publication in various areas of the Site in the manner detailed on the Website. However, by submitting the content, You warrant to Us that any material You submit to Us, is your own original work and that you own the copyright and any other relevant rights in the content submitted by You and that it shall not infringe on any third party rights. We accept no liability in respect of any material submitted by You and published by Us on our Website and We are not responsible for its content and accuracy.

b) Publication of any material You submit to us will be at our sole discretion. We reserve the right to make additions or deletions to the text or graphics prior to publication, or to refuse publication with or without assigning any reason whatsoever. 

c) You grant us a non-exclusive, perpetual, royalty-free, worldwide licence to republish any material that You submit to Us in any format, including without limitation print and electronic format. 

d) Without prejudice to Our other rights under these terms of use, we reserve the right to reject or delete submissions that in our reasonable opinion breach these Terms or that do not in our reasonable opinion meet the additional guidelines for submissions published on our Website. If we reject or delete a submission on either basis, we shall not be liable to refund any applicable charges.

e) If we accept your submission, then it will remain published on our Website for the relevant period set out on our Website, subject to termination or deletion in accordance with these Terms. 

ii. Intellectual Property:

a) The content that you submit to Us for publication shall remain your property. However, You grant us a non-exclusive, perpetual, royalty-free, worldwide licence to republish any material that You submit to Us in any format, including without limitation print and electronic format. 

b) Unless otherwise stated, copyright and all intellectual property rights in all material presented on the Site (including but not limited to text, audio, video or graphical images), FocusAgritech trademarks and logos appearing on this site are Our property and are protected under applicable Indian laws. Any infringement in this regard shall be pursued in such form and manner as deemed fit by FocusAgritech.The trademarks, names, logos and service marks (collectively “trademarks”) displayed on this website are registered and unregistered trademarks of Focus Agritech.

c) FocusAgritech grants you permission to only access and make personal use of the Site and You agree not to download or modify/alter/change/amend/vary/transform/revise Our Site, or any portion of it, except with Our express written consent.

iii. Content Ownership

a) Content Violations

Focus Agritech does not take responsibility for the images and content posted by writers, guest posts, and contributors. If you feel that any content posted here is plagiarized or any copyright violation, please write to support@focusagritech.comand we will take it down.

b) Accuracy of Information

Focus Agritech endeavors to provide information that is believed to be accurate, however, disclaims all warranties as to the accuracy, completeness or adequacy of any such information. The user assumes full responsibility for the use it makes of the website content to achieve his/her intended results.

5. PRIVACY POLICY

In order to see what data we collect and how we use or store or share such data, please refer to the detailed privacy policy here.

6. LINKS TO THIRD-PARTY SITES

Focus Agritech may include hyperlinks to other websites owned and operated by third parties. 

We have no control over the contents of third party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. Once You click on such links and visit such third party website, You would be governed by the Terms of Use and Privacy Policy of such third party website. No liability shall be upon us for any activities that such third party websites undertake or that You undertake while being on such third Party websites.

7. DISCLAIMER OF LIABILITY

To the extent permitted by law, We do not accept any responsibility for any statement made in the content or material published on the Website. You must not rely on any statement we have published on FocusAgritech without first taking a specialist professional advice or opinion. Nothing in the material is provided for any specific purpose. For the avoidance of confusion, we will not be liable for any loss caused as a result of your doing, or not doing, anything as a result of viewing, reading or listening to the material or any part of it (except for the extent permitted at law). You can access other sites via links from FocusAgritech. These sites are not under our control and we are not responsible in any way for any of their contents. 

We give no warranties of any kind concerning FocusAgritech or the material. In particular, we do not warrant that Our Website or any of its contents is error free. You must exercise ample caution before taking any critical decision of any sort. 

8. LIMITATION OF LIABILITY

Nothing in these terms of use (or elsewhere on our website) will exclude or limit our liability for fraud or for any other liability which cannot be excluded or limited under applicable law.

Subject to this, Our liability to You in relation to the use of Our Website or under or in connection with these Terms, whether in contract, tort (including negligence) or otherwise, will be limited as follows:

a) to the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature;

b) we will not be liable for any consequential, indirect or special loss or damage;

c) we will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information;

d) we will not be liable for any loss or damage arising out of any event or events beyond our reasonable control;

e) our maximum liability in relation to any event or series of related events will be limited to the amount paid by You to Us.

f) You accept that we have an interest in limiting the personal liability of our officers and employees. Having regard to that interest, you accept that we are a limited liability entity and agree that you will not bring any claim personally against individual officers or employees in respect of any losses you suffer in connection with the Website or these Terms. This will not, of course, limit or exclude the liability of the Company itself for the acts and omissions of Our officers and employees.

9. LIMITED WARRANTY

The information from or through the Site is provided on an “AS IS” basis, and all warranties and conditions, expressed or implied of any kind, regarding any matter pertaining to any goods, service or channel, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement are disclaimed and excluded. 

You agree and acknowledge that the information published on the Website is submitted by users/third parties, and that we do not review, approve or edit such information. 

We do not warrant the completeness or accuracy of the information published on Our Website; nor do we commit to ensuring that the Website remains available or that the material on the Website is kept up-to-date. 

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this Website and the use of this Website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

10. INDEMNITY

You agree to indemnify, defend and hold harmless Focus Agritech, its Affiliates, and their respective directors, employees, shareholders, officers, contractors, licensors and assignors from and against any and all actions, demands, suits, proceedings, penalties, losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) including third party claims asserted against or incurred by Focus Agritech that arise out of: 

a) Your violation of any third-party right, including without limitation to any right to privacy, publicity rights, or intellectual property rights, including content the user distributes through the services;

b) Your wrongful or improper use of the Services.

c) Your violation of any applicable laws, rules or regulations or any other applicable law through or related to the use of our Services;

d) The indemnifications set forth above will survive the termination or expiration of these Terms and/or your use of the Services.

11. COPYRIGHT INFRINGEMENT CLAIMS 

Please notify us if you believe any of your intellectual property rights have been infringed by a User of our services. Please email us atsupport@focusagritech.com for complaints and customer service inquiries.

12. GOVERNING LAW AND DISPUTE RESOLUTION

i. Governing Law: The Terms and any dispute arising from the same will be governed by applicable data protection law in India and/or other law of India as applicable totheseTerms.

ii. Dispute Resolution:

a) If in case, any controversy, conflict or dispute of any nature arises between the User or third party and the Company the parties shall spend at least 15 days to try and use all means to amicably resolve that dispute or conflict or controversy.

b) If however, the attempt to settle such a dispute amicably fail, then such controversy, conflict or dispute between the User or third party and the Company, shall be settled exclusively and finally by arbitration, in accordance with the Arbitration and Conciliation Act, 1996. The place of arbitration shall be NOIDA, Uttar Pradesh, India and the arbitration shall be conducted in the English language. The arbitral tribunal shall consist of three arbitrators, one of which is to be appointed by the User or the third party and one by the Company. The two arbitrators so appointed shall appoint the third arbitrator. You agree that the award of the arbitrators shall be final and binding upon You and the Company.

c) Notwithstanding anything to the contrary contained herein, if for any reason above mentioned arbitration clause is declared to unenforceable by Court of law, or if there is any dispute in relation to the arbitration clause, then suchdispute shall be brought to the exclusive jurisdiction of the appropriate courts located in Noida andUttar Pradesh, India.

13. NOTICES

We may give notice by means of a general notice via electronic mail to your email address as available with Us. If You want to give a notice to Us, You can do so by dropping an electronic mail to support@focusagritech.com.

14. MISCELLANEOUS

i. Severability: If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions of these Terms will continue in full force and effect.

ii. Waiver: Our failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Us of any provision or any right it has to enforce these Terms and nor shall any course of conduct between Company and You or any other party be deemed to modify any provision of these Terms.

iii. Entire Agreement: The Terms, together with any additional terms and conditions incorporated herein or referred to herein constitute the entire Agreement between Company and You, relating to the subject matter hereof, and supersedes any prior understanding or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on our Website.

iv. Updates to these Terms: FocusAgritech may add to or change or update these Terms at any time, from time to time, entirely at its own discretion, with or without any prior written notice. You are responsible for checking these Terms periodically. Your use of the Site after any amendments to the Terms shall constitute your acceptance to such amendments.

15. FEEDBACK AND INFORMATION

We welcome your questions or comments regarding the Terms. You can write to us via email: support@focusagritech.com

Last updated by FocusAgritech on 26^th Jan, 2021