PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, BEFORE USING THIS WEBSITE/ APP
By visiting or using Our Website, you agree to be bound by them. FarmsGate is a trade name of whose registered office in United Kingdom, under the Registrar of Companies for England and Wales, Company Number 12620301, name Farmsgate Ltd and in United Arab Emirates under the Department of Economic Development Dubai License No:881232, name Farmsgate Portal, and in India under the Registrar of Companies, Corporate Identity Number U52100KL2020PTC062736, name Onlinefarmsgate India Private Limited www.farmsgate.com (hereafter referred to as the “Site”) and the app FarmsGate (hereafter referred to as the “App”).
Please read these Terms carefully before you start to use Our Site/ App, as these will apply to your use of Our Site/ App. By using Our Site/ App and/or making any purchases on Our Site/ App, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use or make any purchases on Our Site/ App.
OTHER APPLICABLE TERMS
“United Arab of Emirates is our country of domicile” and stipulate that the governing law is the local law.
“Any purchase, dispute or claim arising out of or in connection with this website shall be governed and construed in accordance with the laws of UAE”
‘’The displayed price and currency at the checkout page, will be the same price and currency printed on the Transaction Receipt and the amount charged to the card will be shown in your card currency”.
CHANGES TO THESE TERMS
We may revise these Terms at any time, by amending this page without providing any intimation to you. Please check these Terms from time to time, to take notice of any changes that We make, as they will be binding on you.
CHANGES TO OUR SITE/ APP
We may update Our Site/ App from time to time, and may change the content, display, form, at any time without prior notice. However, We do not guarantee that Our Site/ App, or any content on it, will be free from errors or omissions.
ACCESSING OUR SITE/ APP
Our Site/ App is made available free of charge. We do not guarantee that Our Site/ App, or any content on it, will always be available or be uninterrupted. Access to Our Site/ App may be suspended, withdrawn, discontinued or changed without notice. We will not be liable to you if, for any reason, Our Site/ App is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to Our Site/ App. You are also responsible for ensuring that all persons who access Our Site/ App through your internet connection, are aware of these Terms and other applicable terms and conditions, and that they comply with it.
You cannot access and use this Site/ App and make any purchases on it if you are of a legally binding contract age, which is currently 18 years.
YOUR ACCOUNT AND PASSWORD
You are required to register on Our Site/ App, in order to use or make purchases on it. You will be required to provide a unique username and password in order to register and access Our Site/ App. Alternatively, you have the option of registering on Our Site/ App using your Facebook login details. You are solely responsible, for maintaining the confidentiality of your account and password details, and for restricting access to your computer to prevent unauthorized 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 been disclosed or accessed by an unauthorized third party, or if the password is being, or is likely to be used in an unauthorized 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 you registered. You can access and update the information you provided us with in the Account section of the App. We reserve the right to refuse access to the Site/ App, terminate accounts, remove or edit content at any time, with or without notice to you.
INTELLECTUAL PROPERTY RIGHTS
All content included on this Site/ App, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is Our property, or the property of Our affiliates or content suppliers, and is protected by Indian and international intellectual property law, including copyright, authors’ rights and database rights laws. The compilation of all content on this Site/ App is Our exclusive property and is protected by laws of government of that region and international copyright and database right laws. All software used on this Site/ App is also Our exclusive property, or the property of Our affiliates or software suppliers, and is protected by Indian and international copyright and authors’ rights laws. You are hereby granted a limited license to access and make personal use of this Site/ App, but not to download or modify it, or any portion of it, without Our express written consent. In particular, you may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization of any substantial parts of this Site/ App, without Our express written consent. You may also not create and/or publish your own database that features substantial parts of Our Site/ App, without Our written consent. This is not applicable with regard to the Content uploaded by you on Our Site/ App.
LICENSE TO USE THIS SITE/ APP
We grant you a limited license to access and make personal use of this Site/ App, but not to download (other than page caching) or modify it, or any portion of it, except with Our written consent. This license does not include any resale or commercial use of this Site/ App or its contents; any collection and use of any product listings, descriptions or prices; any derivative use of this Site/ App or its contents; any downloading or copying of account information for the benefit of another merchant, or any use of data mining, robots or similar data gathering and extraction tools.
This Site/ App or any portion thereof (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 Our express written consent and/or Our affiliates’ written consent, as may be applicable.
You will not frame or use framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) that belongs to Us or Our affiliates, without express written consent. You will not use any metatags or any other ‘hidden text’ utilizing Our or Our affiliates’ names or trademarks or logos, without express consent thereof. Any unauthorized use terminates the permission or license granted by Us or Our affiliates, as applicable, to you.
You may not use Our logo or other proprietary graphic or trademark as part of the link, without express written consent of Our affiliates or Us, as may be applicable.
NON-PERSONAL IDENTIFICATION INFORMATION
We may collect non-personal identification information about users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means the type of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.
YOUR CONTENT AND INFORMATION
You own all of the content and information that you post on Our Site/ App. In addition, please see the below:
For content that is covered by intellectual property rights, such as photos and videos (IP content), you specifically grant Us a non-exclusive, transferable, sub-licensable, royalty free, worldwide and perpetual license to use any IP content that you post on or in connection with the Site/ App (IP License).
When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others, except as required under lawful orders of a court or other such legal authority).
You hereby acknowledge, understand and agree that your use of this Site/ App will be in accordance with applicable law, including but not limited to the fact that you shall not host, display, upload, modify, publish, transmit, update or share any information that belongs to another person and to which you do not have any right to; is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; harms minors in any way; infringes any patent, trademark, copyright or other proprietary rights; violates any law for the time being in force; deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; impersonates another person; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; threatens the unity, integrity, defense, security or sovereignty of any country, friendly relations with foreign States, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
You agree, understand and acknowledge that the Site/ App is an online platform that enables you to buy or subscribe farm produce from certain identified individuals (“Cultivators”) listed on the site for personal or commercial consumption and also provides an opportunity to enjoy Farm Experience and Farm stay (“Services”).
The Services may be gifted/transferred by you to another person (“Transferee”), provided the details of such Transferee are provided to Us at the time of availing the Service and we have specifically acknowledged the same. Any Transferee shall automatically be bound by these Terms.
With regard to the Services, you agree, understand and acknowledge that all Services are exclusively provided to you by the Cultivators, and only such Cultivators shall be responsible to you for any claims, liabilities and costs suffered by you or any third party, caused by or which arise out of the Services. We shall not be responsible for the quality of any of the Services provided to you by a Cultivator.
Your orders would be delivered by our Third-Party Logistics partner. Deliveries shall be within 24 hours of placing your order. It would be mentioned in the checkout page. Avoid any delivery delays by providing your full and correct address along with your contact details.The multiple orders may result in multiple postings to the cardholder’s monthly statement.
You can pay online for your purchases. We accept VISA and MASTERCARD credit/debit card in AED You will receive a payment confirmation on your registered email within 12 hours of the receipt of the payment.
You will only be charged for the items which will be delivered. We take great efforts for the accuracy of the availability on our website, but should there be any missing items, we will communicate that to you or provide credit on your account in the balance amount.
"If you make a payment for our products or services on our website, the details you are asked to submit will be provided directly to our payment provider via a secured connection".
"The cardholder must retain a copy of transaction records and FarmsGate policies and rules".
Cash on Delivery
If you are not at home, payment must be left in a secure place or handed over to a designated person for the driver to collect. Payment would still be requested if you are not there to collect your order.
By registering with the Website, you can access or view the prices, product inventories, and submit purchase orders electronically. You are responsible for using the site in a private and secure manner. We will not be liable for any damage or loss caused from any unauthorized account access resulting from your actions, such as not logging out of the account or sharing your account password. We reserve the right to refuse registration or cancel an account at any time. Minors under the age of 18 are prohibited to register as a User of this website and are not allowed to transact or use the website.
You shall not do or permit any other third parties to do any of the following: Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, or profane information of any kind, including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, provincial, state, national or international law, including without limitation, export control laws and regulations; Post or transmit any information or software that the sender is aware contains a virus, worm, or other harmful component; Account sharing, including, without limitation, letting third parties use your account and password.
OFAC AND SANCTIONED COUNTRIES
FarmsGate shall not, do business in any countries under any circumstances, entities or individuals designated by the US government as a country, entity or individual with which it is prohibited to business including, without limitation, any country, entity or individual( and is not owned or controlled by a prohibited country, entity or individual) or individual on the Office of Foreign Assets Control of the US Department of Treasury list(“OFAC List”) or any entities or individuals which are owned or controlled by any countries, entities or individuals on the OFAC List and sanctioned, as amended from time to time.
MODIFICATION OF TERMS AND CONDITIONS
FarmsGate reserves the right to change or modify any of the terms contained in these terms & conditions, at any time. Any such modifications or changes will be effective immediately upon posting of such changes. Your continued access or use of this Website will imply your full acceptance of the same. You are therefore responsible for regularly reviewing these Terms & Conditions and additional terms or notices posted on the Website.
When you visit the Website or send any emails to us, you will be communicating electronically with us. By such electronic communication you agree to receive such communications from us electronically. You acknowledge that your electronic submissions constitute your agreement and your acceptance to be bound by and to pay for such agreements and transactions. Your agreement and intent to be bound by electronic submissions applies to all transactions you enter into on the Website, and all records including notices of cancellation, policies, contracts, and applications.
By registering for this service, you are opting in to receive communication from us on the email and phone numbers listed on your account, which are deemed to be important for the health of your account. It is important for the functioning of the website to be able to inform you specific happenings in your particular farms. You can opt out of these by writing to firstname.lastname@example.org, but it will severely hamper the functioning of your website account.
DISCLAIMER OF WARRANTY/ LIMITATION OF LIABILITY
Express or implied warranties, representations or endorsements of any kind, or as to the operation of this website or the information, content, materials, or products included in this website. you expressly agree that your use of this website is at your sole risk. to the full extent permissible by applicable law, FarmsGate disclaims all warranties, express or implied, including without limitation, implied warranties of merchantability and fitness for a particular purpose. FarmsGate does not warrant that this website, its servers, or email sent from website are free of viruses or other harmful components. FarmsGate will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. website uses reasonable efforts to include accurate and up-to-date information on this website. FarmsGate assumes no liability or responsibility for any typographical or other errors or omissions in the content of this site. in the event that a product is listed at an incorrect price or with other incorrect information, FarmsGate shall have the right to refuse or cancel any orders placed for the product listed incorrectly. certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. if these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights. Third Party Links For your convenience FarmsGate may provide, links to third party websites operated by other entities on the Website. If you use such third-party sites, you will leave this Website. If you decide to visit any linked third-party website, you do so at your own risk, and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. FarmsGate does not make any warranty or representation regarding, and does not endorse, any linked websites or the information appearing thereon or any of the products or services described thereon. Any third-party links do not imply that FarmsGate sponsors, endorses, is affiliated or associated with any linked third-party websites.
INDEMNITY AND RELEASE
You shall indemnify and hold Us and / Our affiliates, and their respective offices, directors, agents and employees, harmless, from any claim or demand or actions including reasonable attorneys’ fees made by any third party or penalty imposed due to, or arising out of:
your breach of these Terms or any document incorporated by reference, or your violation of any law, rules, regulations or third-party rights; your use of any of the Services provided by Cultivators.
You hereby expressly release Us and/or Our affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequences of any of the actions/inactions of the Cultivators, and specifically waive any claims or demands that you may have, in this behalf, under any statute, contract or otherwise.
We will not be responsible for any indirect or consequential loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expense), that is not reasonably foreseeable to both you and Us when you commenced using the Site/ App.
If you breach these Terms and We take no action, We will still be entitled to use Our rights and remedies in any other situation where you breach these Terms.
This User Agreement is effective unless and until terminated by either you or FarmsGate. You may terminate this User Agreement at any time, provided that you discontinue any further use of this Site. We may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, such termination will be without any liability to Us. Upon any termination of the User Agreement by either you or Us, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the User Agreement or otherwise. Our right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Website or affect any liability that may have arisen under the User Agreement.
If you violate the letter and/or spirit of these Terms, or otherwise create risk or possible legal exposure for Us, We can stop providing all or part of the Site/ App to you. We may also delete or disable your account at any time.