JioKrishi App - Terms and Conditions

Scope:
1. This Application is a mobile and/or web application made available by Jio Things Limited and/or its affiliates (“Company”, “we” or “us”), having office at 101, Saffron, Nr. Centre Point Panchwati 5 Rasta, Ambawadi, Ahmedabad – 380 006 (“App”). The App is owned and controlled by Jio Platforms Limited (“JPL”) and facilitates your access to various services and other facilities provided by the Company. This App is specifically designed for the use of “JioKrishi Device”, being an AI powered IoT device provided by Jio Things Ltd and/or its affiliates (“the Device”), to specified users for the purposes of: a. creating a data-driven farmer ecosystem; b. enable analysis of the soil conditions of agricultural plot of land owned by the farmers; c. enable analysis of the irrigation needs of the agricultural plot of land owned by the farmers; d. provide farmers with educational videos; and e. help farmers connect with agricultural experts who would answer their queries. (“Services”).
2. Your (“you”, “your” or “user”) use of the App is subject to the (i) terms and conditions as herein-under provided (“T&C”); (ii) terms and conditions for use of the Device available at EULA; and (iii) terms and conditions and privacy policy of your enterprise, which shall be read with and be treated as an integral part of this document.
3. This T&C is an electronic record in terms of the Information Technology Act, 2000 (as amended / re-enacted) and rules thereunder, and is published in accordance with the provisions of Rule 3 (1) of Information Technology (Intermediaries Guidelines and Digital Media Ethics code) Rules, 2021, which mandates publishing of rules and regulations, privacy policy and terms of use for access or usage of the App. This electronic record is generated by a computer system and does not require any physical or digital signature.

PRIVACY AND PROTECTION OF PERSONAL INFORMATION
1. Please refer to the Privacy Policy available at here for disclosures relating to the collection and use of your personal information arising out of the use of this App.
2. You shall be additionally bound by the privacy policy applicable for the use of the Device, which can be reviewed here.

MODIFICATIONS
1. Modifications of T&C: The Company reserves the right to change the T&C under which the Services are offered, including but not limited to the charges, if any, associated with the use of the Services. These T&C may be further modified based on changes in the business, legal and regulatory requirements and will be updated online. We will notify you whenever any change to the T&Cs are made. You are encouraged to periodically visit this page to review the T&C and any changes to it.
2. Modification of Services: The Company reserves the right to add, modify or delete any content or features available in the Services at any time at its sole discretion.

PERSONAL AND NON-COMMERCIAL USE LIMITATION
1. The Services offered by the App are intended solely for the purpose of facilitating the use of the Device. Unless otherwise specified, the App is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or Services obtained from the App.

LINKS TO THIRD PARTY SITES
1. The App may contain links to or feeds from other web sites/applications ("Linked Sites"). The Linked Sites are not under the control of the Company and the Company is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site or any information transmitted on a Linked Site. The inclusion of any link does not imply endorsement by the Company of the site or any association with its operators.
2. Any content provided by the Company from a Linked Site shall be of “U” rating that is it is suitable for children as well as people of all ages
3. Any dealings with third parties (including advertisers, weather prediction application program interface) included within or available via a link from the App or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. The Company shall not be responsible or liable for any part of any such dealings or promotions.

UNLAWFUL OR PROHIBITED USE
1. As a condition of your use of the App, you warrant to the Company that you will not use the App for any purpose that is unlawful or prohibited by this T&C. You may not use the App in any manner which could damage, disable, overburden or impair the Services.
2. The users are not entitled to use any kind of measures, mechanisms or tools (software or hardware) that could interfere with the functioning of the App or any of its Services.

Paid Services :
1. We may offer different kinds of subscription plans as available on JioKrishi App (“Subscription Plan(s)”) subject to the terms of the Subscription Plan stipulated by the Company from time to time. We encourage you to visit this page periodically to check for updates on the Subscription Plan terms. The Subscription Plans opted by you will be applicable for a specified period (“Subscription Term”) which may be a month, a quarter, six months, one year, or as indicated on the App, from the date you subscribed to the Service. Service shall remain active for the relevant Subscription Term.
2. The Subscription Plans shall be inclusive of applicable taxes. The Company may change the Subscription Plans at its sole discretion.
3. The Company may offer you multiple payment options for subscribing to Subscription Plans. However, the Company reserves its right to add or delete any mode of payment without any prior notice.
4. If you opt for a Subscription Plan, you will have the option of manually renewing your subscription per subscription cycle or an auto-renewal mechanism. If you opt for auto-renewal, Company may notify you by at least two (2) days written notice before automatically renewing the subscription using the same payment method you chose during the first payment. The notification will also have instructions on how you may cancel the subscription. If you do not want to renew the subscription, you must cancel the subscription before the renewal date to avoid being billed for the renewal. If you fail to cancel your subscription within stipulated time, it will deemed to be understood that you have opted for renewal of your subscription and you will be charged for Services as per the then applicable rates.
5. While availing any of the payment method(s) available on the App, the Company will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
  1. Lack of authorization for any transaction/s, or
  2. Exceeding the present limit mutually agreed by you and your issuing bank, or
  3. Any payment issues arising out of the transaction, or
  4. Decline of transaction for any other reason/s
6. The Company will not be liable for any credit/debit card fraud. The liability for use of a card fraudulently will be on you and the onus to prove otherwise shall be exclusively on you. All information collected by us shall be governed as per our Privacy Policy here . The Company will not be responsible for any transactions you make. All claims and complaints for any failed or incorrect transactions must be directed to our payment processing providers and/or your bank (as the case may be).
7. You represent and confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. You further agree and undertake to provide the correct and valid credit card details to carry out a transaction on the App. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to us, we will not be liable for any delay or non-delivery of Services.
8. You acknowledge that the Company will not be liable for any damages, interests, claims etc. resulting from not processing a transaction or any delay in processing a transaction which is beyond the control of Company.
9. You can access your billing information at "Order History" section linked to the Services, where you can view and print your statement. You're obliged to check the online billing statement at regular intervals and as per your Paid Plan. You must tell us within 5 (five) days after an obvious error first appears on your bill. If you don't tell us within that time, you release us from all liability and claims of loss resulting from such error caused by slight negligence; further in that case we won't be required to correct the error. In any other cases, if Company has identified a billing error, we'll inform you and take steps to correct it as soon as reasonably possible.
10. Your paid Services will remain in effect until terminated/cancelled under this T&C. You or Company may cancel, suspend or terminate your account for any reason whatsoever in accordance with clause [8] Cancellation of Services and Refund Policy.

Cancellation of Services and Refund Policy :
1. This cancellation and refund policy (“Policy”), together with the terms and conditions of the App sets out Company's procedures and policies in accepting: (a) cancellation and (b) refund thereof.
2. By agreeing to use the Services, you agree to be bound by the terms contained in this Policy without modification. If you do not agree to the terms contained in this Policy, you are advised not to use the App.
3. Please note that we may from time to time change the terms of the Policy that govern your cancellation and refund of Subscription Plan to Service(s) on the App
4. To the maximum extent permitted under applicable law, subscription to Services are non-refundable and non-cancellable and hence we do not provide partial or full refunds or credits in any scenario. You may access our Services till the end of the Subscription Term.
5. Any request for change or cancellation in any Subscription Plan prior to the expiration of the current Subscription Term period will not entail you to a refund for any portion of the fees paid towards the Subscription Plans paid by you for the unexpired period of the current Subscription Term.
6. You may upgrade your Subscription Plan, at any time during the Subscription Term. In such case, credit balance will be calculated based on current plan value, and past usage (# of days). This credit will be adjusted in the payment for the upgraded plan.
7. E.g. User subscribed to Rs 999 annual plan (Silver Plan) on 1st Jan 2023. On 10th April, he decides to ‘upgrade’ to Rs 2499 annual plan (Gold Plan). – He has consumed the current service for 100 days (31+28+31+10). His plan credit balance is Rs 725 (=Rs 999 * (265/365)). So he will have to pay Rs 1774 for the Gold Plan. His new annual plan expiry will be set to 9th April- 2024.
8. Post cancellation of your subscription, if you wish to re-subscribe to the Service, you may do so through app.

LIABILITY DISCLAIMER
1. THE COMPANY AND/OR ITS RESPECTIVE AFFILIATES MAKES NO REPRESENTATIONS ABOUT THE COMPATIBILITY, SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND ACCURACY OF THE INFORMATION, SOFTWARE AND SERVICES CONTAINED ON THE APP FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE COMPANY AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
2. YOU SPECIFICALLY AGREE THAT THE COMPANY SHALL NOT BE RESPONSIBLE FOR UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE APP.
3. YOU SPECIFICALLY AGREE THAT THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT THE COMPANY IS NOT RESPONSIBLE FOR ANY SERVICES SENT USING AND/OR INCLUDED IN THE APP BY ANY THIRD PARTY.
4. THE COMPANY DOES NOT GUARANTEE COMPATIBILITY WITH ALL OPERATING SYSTEMS, SMART PHONES, NETWORKS, INCLUDING ALL VERSIONS OF THEM. THE USE OF THE SMART PHONE, SITE, AND SOFTWARE, AND AUTOMATIC UPGRADES OF THE SOFTWARE, MAY REQUIRE UPGRADES TO COMPUTER OR SMART PHONE OPERATING SYSTEMS, NETWORKS, AND APPLICATION SOFTWARE.
5. ANY REQUIREMENTS FOR THE FUNCTIONING OF THE APP ON YOUR PHONE OR DEVICE, SUCH AS SUFFICIENT BATTERY BACK UP, INTERNET NETWORK STRENGTH ETC. IS YOUR SOLE RESPONSIBILITY.
6. IN NO EVENT SHALL THE COMPANY AND/OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR OR IN RELATION TO THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE AND SERVICES OBTAINED THROUGH THE APP, OR OTHERWISE ARISING OUT OF THE USE OF, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

TERMINATION/ACCESS RESTRICTION:
1. The Company reserves the right to blacklist, disable and terminate that user from further using the App or its Services.
2. If the Company disables access to your account in accordance with the T&C(for example if you violate any applicable terms), you may be prevented from accessing the App and/or the Device, your account details and/or any files and/or other Services that is stored with your account.
3. The Company reserves the right, at its sole discretion, to terminate your access to any or all Services of the App and the related Services or any portion thereof at any time, without notice.
4. The Company reserves the right to suspend and/ or terminate your access to the Services in case of any non-adherence to these T&Cs by you.

GENERAL :
1. Registration : In order to use the Services through the App, you are required to login and authenticate the account for the first time using (i) a valid mobile phone number; or (ii) an email-ID, authenticated through a one-time password authentication process. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not transfer your account to anyone else without our prior written permission.
2. By using our Services you hereby agree to ensure that the explicit prohibitions mentioned in section 11(3) are at all times adhered to.
3. You shall not host, display, upload, modify, publish, transmit, update or share any information which:
  1. belongs to another person and to which the user does not have any right;
  2. is obscene, pornographic, paedophilic, invasive of another’s privacy including bodily privacy, insulting or harassing on the basis of gender, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or an online game that causes user harm, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence;
  3. is harmful to child;
  4. infringes any patent, trademark, copyright or other proprietary rights;
  5. deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any misinformation or information which is patently false and untrue or misleading in nature or, in respect of any business of the Central Government, is identified as fake or false or misleading by such fact check unit of the Central Government as the Ministry may, by notification published in the Official Gazette, specify;
  6. impersonates another person;
  7. threatens the unity, integrity, defence, security or sovereignty of India, 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 other nation;
  8. contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
  9. is in the nature of an online game that is not verified as a permissible online game;
  10. is in the nature of advertisement or surrogate advertisement or promotion of an online game that is not a permissible online game, or of any online gaming intermediary offering such an online game;
  11. violates any law for the time being in force;
4. Use Restriction: You must not access the App if you are a person who is either barred or otherwise legally prohibited from receiving or using the Service or any Services under the laws of India.
5. Third-Party Fees: You may incur access or data fees from third parties (such as your internet provider or mobile carrier) in connection with your use of Services and of App. You are solely responsible for all such fees.
6. Updates: You may need to install updates to the App or related software that we introduce from time to time to use of the App. Services originating from the App may communicate with the servers from time to time to check for available updates to the Services and to the functionality of the App, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, "Updates"). Your use of the Services you have installed requires that you have agreed to receive such automatically requested Updates.
7. Accuracy of Information: You agree that the information entered by you while profile creation/ updation or using any of Services is true, current, complete and accurate in all respects. The Company is not responsible for any losses arising out of discrepancy in your data. You are solely responsible for maintaining confidentiality and security of your user account and for all activities that occur on or through your user account. The Company is not responsible for any losses arising out of the unauthorized use of your user account.
8. Agricultural Expert: You agree that as a part of the Service the Company allows you to ask agricultural related queries and questions from the agricultural expert on our App. You further agree that any questions, queries and content posted by you for the agricultural expert on the App shall be in conformance with section 9(3). You furthermore consent that the Company may use your profile information and data against the question, query and content posted by you which shall be visible to all the users of the App including but not limited to the agricultural expert.

INTELLECTUAL PROPERTY RIGHTS:
1. The Company or all the right holders in/of the App and/or your smart phone/tablet, as the case may be, own title, interest and rights, including all related intellectual property rights, in/of the App and/or your smart phone/tablet and the user acknowledges that such ownership shall include all intellectual property rights arising from any suggestions, enhancement requests, recommendations or other information provided by the user, whether in the course of use of the App, your smart phone/tablet or otherwise.

RECIPIENT DATA :
1. You hereby authorize the Company to collect, retain and use information as per the privacy policy of the Company made available here.

Contact Details:

SEVERABILITY :
1. Where any particular term or provision of this T&C is determined under applicable law to be un-enforceable, such un-enforceable term(s) shall be severed from and will not affect any other terms and conditions. The Company reserves the right to substitute any such un-enforceable term or provision with a suitable and enforceable provision at its sole discretion.

Queries and Complaints:
1. We are committed to protect your personal information collected and processed by us and look forward to your continued support for the same. In case of any feedback or concern regarding protection of your personal information, or any privacy-related feedback or concerns you may contact

GOVERNING LAW AND JUSRIDICTION
1. If a dispute arises regarding the Terms, the laws of the Republic of India will apply and shall be subject to the exclusive jurisdiction of courts in Mumbai, India.
DISPUTE RESOLUTION
1. All disputes shall be governed under the laws of India and are subject to the jurisdiction of the Courts of Mumbai only.
INDEMNITY
1. You shall indemnify and hold harmless the Company, its owners, employees, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, 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 use of (i) Jio Things Ltd Ticket and/or (ii) the Game and/or breach of this Terms, privacy policy and other policies, or your violation of any law, rules or regulations or the rights of a third party.

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