I.1. This website / mobile application, www.kosara.in/ Kosara App, respectively (hereinafter referred to as “Kosara”), is owned, hosted and operated by PAV.
I.2. Kosarais an app based community farming venture, involving (i) subscriptions to fresh, healthy and organically grown vegetables and fruits,from PAV on farms designated for Users, and (ii) sale of other products grown/produced by PAV or sourced through partner farms/ventures, wherein Users can avail the products and services offered on Kosara (“Services”).
I.3. Please read this document carefully. These Terms, regulating the access to Kosara and use of the Services, constitute a legally binding agreement between Kosara/PAV and the User.
I.4. This document is an electronic record in terms of the Information Technology Act and the rules enacted thereunder. This electronic record is generated by a computer system and does not require any physical or digital signatures.
I.5. Information available on Kosarashould not be regarded as a substitute for professional, legal, financial or any other category of advice. Users should conduct their own due diligence and obtain professional advice prior to consummation of any transactions.
II. Defined Terms
Unless otherwise specified, the capitalized words shall have the meanings as defined herein below:
(a) “Information Technology Act” means the Information Technology Act, 2000, as amended.
(b) “PAV” means Pelican Agri Ventures, a partnershipincorporated in India, having its registered office at C-28, Usha Niketan,Safdarjung Development Area, Delhi - 110016.
(c) “Person” means any natural person, company, corporation,partnership or any other entity that is a legal person under law.
(d) “Subscriber” means any Person who has subscribed to theServices (whether on a paid or free basis).
(e) “Terms” means these terms and conditions and anypolicy/terms so mentioned by terms of reference.
(f) “User” or “You” means any Person whoaccesses Kosaraor avails the Services or accesses Kosara for the purpose ofviewing, browsing, publishing, sharing, transacting, displaying or uploadinginformation or views and includes Subscribers, browsers / visitors andadvertisers.
III. Acceptance of Terms
III.2. In addition to the Terms, You will be subject to the rules, guidelines, policies, terms and conditions applicable to any Service or for accessing Kosara, that are provided on Kosara, which shall be deemed to be incorporated into the Terms and shall be considered as part of the Terms.
IV. Registration and Use
IV.1. In order to avail the Services or for accessing Kosara, You will be required to register with Kosaraand be subject to our verification process. We may, in our sole discretion, permit or deny your registration. The membership of Kosara is available only to those who are above the age of 18 (eighteen) years, excluding such persons who are incompetent to contract under the Indian Contract Act, 1872, which include inter alia persons of unsound mind and persons who are disqualified from contracting by any law to which they are subject to. If You are a minor and wish to browse/use Kosara, you may do so through your legal guardian, however, PAV reserves the right to terminate your account upon obtaining any information/knowledge of You being a minor and using the membership of Kosara.
IV.2. You are solely responsible for protecting the confidentiality of your username and password and any activity under the account will be deemed to have been done by You. You agree to: (a) provide true, accurate, current and complete information about yourself (“User Information”)as prompted by the sign-up process; and (b) maintain and promptly update theUser Information provided during sign up to keep it true, accurate, current, andcomplete. In the event that You provide us with false and/or inaccurate detailsor PAV has a reason to believe that false and inaccurate information has beenfurnished, PAV reserves the rights to, in its sole discretion, permanentlysuspend your account.
IV.3. While PAV works to protect the security of your content and account, PAV cannot guarantee that unauthorized third parties will not be able to circumvent its security measures. Please notify PAV immediately, at email@example.com , in the event of any compromise or unauthorized use of your account. You are also responsible for ensuring that only authorized individuals have access to your account and for all actions taken or content added through your account.
IV.4. By accessing Kosaraor availing the Services and providing us with the User Information, You agree that (a) we can send you communications about Kosaraor the Services; and (b) You may be contacted by us or our service providers, whether by phone, mobile phone, text (SMS), email, postal mail or otherwise.
IV.5. PAV does not approve, control, or endorse any User Information and has no obligation to do so. However, PAV reserves the right (but assumes no obligation) to remove or modify any User Information for any reason, in its sole discretion, including any content which it believes violates the Terms.
IV.6. When You provide User Information via access to Kosara or via our Services, you grant PAV a royalty-free, perpetual, irrevocable and sub-licensable license to publish, reproduce, distribute, display, adapt, modify and otherwise use Your User Information in connection with access to Kosara or our Services. PAV will not pay You or otherwise compensate You for the content you provide to it.
IV.7. You understand and agree that any User Information that You post or submit to Kosaramay be redistributed through the internet and other media channels and may be viewed by the general public.
V. Submission and Administration of Any Material by Users
V.1. You agree not to submit any material, including but not limited to links, photographs, videos etc, financial, contact or other information on Kosaraunless You have acquired or received all necessary rights and authorizations from the owner/power of attorney holder of such material, including from the photographer and/or copyright owner of any photographs, to publish and distribute the said material on Kosara. PAV has not carried out any independent verification of the authenticity or compliance requirements, as may have been required under any law for the time being in force, of such material.
V.2. PAV shall have the sole authority to choose the manner in which any material will be searched, displayed, accessed, downloaded, copied and otherwise used on Kosaraand PAV shall have the right to modify the material in the exercise of its rights under these Terms.
V.3. PAV reserves the right to remove all or any part of material posted on Kosarawithout notice. PAV accepts no responsibility for checking/verifying the accuracy of material or data files submitted by the User on Kosara.
VI.1. Users are required to pay the applicable charges for the Services. The details of the chargesare clearly set out on Kosara. You may communicate with us at firstname.lastname@example.org to get more information in this regard.
VI.2. The charges payable to PAVfor any online services/subscriptions (excluding any offline products/services),are to be paid through the online payment portal built into Kosara.
VI.3. Any payments for subscription to the community farm models (i.e., DIY Model or the Click and Grow Model), will be treated as an advance paid toward supply of fresh, healthy and organically grown vegetables and fruits,from PAV on farms designated for Users. All services associated with the aforementioned supply of fresh produce, such as access to the Kosara App and website, farm visits, workshops (unless paid for), deliveries (if a part of the model subscribed to), training etc., will be treated as free of cost add-ons to the primary services/produce. You may reach out to email@example.com , if you want a copy of the bill of supply generated against payments made by You.
VI.4. Any payments for other products/services listed on Kosara, will be billed to you directly by PAV or partner service providers, against an invoice/bill of supply, as the case may be.
VI.5. PAV reserves the right to alter/modify the amounts payable for the Services without any prior notice. PAV may offer certain discounts or other offers for the various Services. The terms and conditions of the offers/discounts shall be clearly set forth on Kosara and the same may be time bound and hence You may not claim any offers/discounts when the time for the same has lapsed/expired.
VI.6. There are specific value-added services that may be offered directly by third party vendors through Kosaraor at the Kosara farm, and the role of PAV in such cases is only to post the availability of such services on Kosara or give them space at the Kosara farm. PAV will not be liable or responsible in any way for such services or the quality of such services. Any payments being made by Users do not accrue to PAV and PAV will not entertain any requests for information / clarification regarding such services.
VI.7. You understand and undertake that any monies paid while accessing Kosara or availing the Services or any transaction consummated while doing so, do not and will not constitute any type of real estate transaction between Kosara/PAV and You, including but not limited to, leasing, selling, sub-letting, licensing etc,. Demarcation of certain farm areas for supply of vegetables and fruits, grown by PAV, is simply an experience being given to the Users and the same does not constitute any allotment /assignment/transfer or conveyancing of the land or any type of real estate transaction. You will not have any legal or easementary rights in the land on which User farms are demarcated or on the Kosara farm. You hereby relinquish any and all claims or right to dispute any right, title or interest in the land located on the Kosara farm.
VI.8. Refund of monies paid, if any, will be at the sole discretion of PAV. Any refund queries will be ascertained on a case to case basis. You may communicate with us at firstname.lastname@example.org incase you wish to apply for a refund.
VII. Use of Information
VII.1. You agree to treat all information obtained from access to Kosara, or any of the Services and any information otherwise made available to You under any Service or access to Kosara (“Information”) as proprietary to PAV.
VII.2. PAV does not ensure the accuracy of, endorse or recommend any content on Kosara and any User who uses such content is doing so at its own risk.The details/material provided on the relevant pages of Kosara, such as images, videos etc. are merely indicative and provided for information purposes only and may/may not be a part of the actual product/ Services offered.
VII.3. You hereby agree and undertake:
(a) To not use any Information for further distribution, publication, public display or preparation of derivative works or facilitate any of these activities in any way, without the prior consent of PAV;
(b) Not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Information or software obtained from Kosara; and
(c) Not to use Kosara (including, without limitation, any Services you may obtain through your use of Kosara):
(i) in a manner that violates any local, state, national, foreign or international statute, regulation, rule, order, treaty, or other law;
(ii) to stalk, harass, or harm another Person;
(iii) to impersonate any Person or otherwise misrepresent your affiliation with any Person; or
(iv) to interfere with or disrupt Kosaraor servers or networks connected to Kosara.
VII.4. Users violating these specific terms, specifically those Users searching/availing the Services or accessing Kosara in an abusive or excessive manner, shall be subject to immediate termination of their account without notice.You acknowledge that PAValso has the right to report any such aforementioned violations to law enforcement authorities, if it deems so necessary.
VIII. Restrictions and Prohibitions
VIII.1. You hereby expressly agree not to:
(a) Access Kosara / use any of the Services in any manner so as to impair the interests and functioning of PAV/Kosaraand which is non-compliant with applicable laws and regulations;
(b) Access any data on Kosarawhich you are not authorized to access;
(c) Attempt or breach security or authentication measures without proper authorization;
(d) Attempt to interfere with access to any other User including but not limited to by submitting a virus of any kind, overloading, flooding, mail bombing or crashing;
(e) Copy, distribute, download, display, perform, reproduce, modify, edit, alter, enhance, broadcast or tamper with in any way or otherwise use any material contained on Kosara, except as permitted; or
(f) Remove any copyright, trade mark or other intellectual property notices contained in the original material from any material copied or printed off from Kosara or link to Kosara, without PAV’s express written consent.
VIII.2. You are prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, updating or sharing or share any information that:
(a) belongs to another person and to which the User does not have any right to;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
(c) harm minors in any way;
(d) infringes any patent, trademark, copyright or other proprietary rights;
(e) violates any law for the time being in force;
(f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(g) impersonate another person;
(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or
(i) 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 any other nation.
VIII.3. If any User is found to be violating any of the above-mentioned terms, such User’s account shall be immediately terminated, without notice and future access to Kosara may be blocked. In addition, such User may also be subject to civil and/or criminal liability under law.
IX. Additional User Undertakings
IX.1. Users desirous of accessing Kosara or availing the Services undertake that they shall comply with all applicable laws in India and any orders of any governmental or regulatory authorities or Court to which they are subject.
IX.2. All Users undertake and agree that any transactions consummated through Kosara, do not constitute a real estate transaction.
IX.3. All Users undertake that they shall abide by all rules and regulation, guidelines and instructions communicated to them through any means with regard to visits to the Kosara farm.
X. Intellectual Property Rights
X.1. All logos, brands, trademarks and service marks (“Marks”)appearing on Kosara are either owned or used under license by PAV. All rightsaccruing from the same, statutory or otherwise, wholly vest with PAV. The accessto Kosara does not confer upon You any license or right to use in respect ofthese Marks, except as expressly provided herein, and therefore, the use ofthese Marks in any form or manner, otherwise than as permitted under theseTerms, is strictly prohibited. Any violation of the above would constitute anoffence under applicable law.
X.2. PAV respects the intellectual property rights of all Users as well as third parties, it has and will continue to adhere to all the laws applicable in India in this respect. In a case where a User is found to be using Kosaraas a platform to infringe the intellectual property rights of others, PAV will be free to terminate such User’s account forthwith without any notice to such User.
X.3. By allowing You to access Kosara, PAV grants You a limited, non-exclusive, non-assignable, revocable license to accessKosara and use the Services, provided that You are in compliance with the Terms. Except for the limited license granted to You, as aforesaid, You are not conveyed any other right or license in any way. This license does not allow You to copy or sell the Services or materials, scrape or mine Kosara, the Services, or materials, or frame any part thereof. Any unauthorized use/access of Kosara or the Services and any use that exceeds the license granted to You, will lead to termination of the permission or license granted by these Terms.
XI. Disclaimers and Warranties
XI.1. PAV and any third party providing materials, services or content to PAV, disclaims all warranties, express or implied, statutory or otherwise including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement of third party rights, completeness or accuracy of the information, update or correctness of the information, freedom from computer viruses, other violation of rights regarding services, products, material and contents of Kosara.
XI.2. PAV shall not be liable for any disclosure of information concerning the User’s account and/or particulars nor for any error and/or omissions and/or inaccuracy with regard to information so disclosed or for any loss or damages sustained by reason of such disclosure, weather intentionally or inadvertently.
XI.3. The views expressed on Kosara by the Users are their own. PAV does not endorse the same and shall not be responsible for them. No claim as to the accuracy and correctness of the information on Kosara is made although every attempt is made to ensure that the content is not misleading/ offensive/ inappropriate. In case any inaccuracy is or otherwise improper content is sighted on Kosara, please report it to in accordance with Clause 16.8 of these Terms.
XI.4. It is solely the responsibility of the User to evaluate the completeness and usefulness of all opinions, advice, Services and other related information listed on Kosara. PAV does not warrant that the access to Kosara will be uninterrupted or error-free or that defects will be corrected.
XI.5. No information contained herein shall constitute an invitation or an offer to invest in PAV or any of its affiliates or group entities. Further, nothing contained in Kosara should be construed as a recommendation to use any product, service, process, equipment or formulation or otherwise and PAV makes no representation or warranty, express or implied that, the use thereof will not infringe any patent, or otherwise.
XII. No Liability
XII.1. PAV will not be liable for any damages of any kind arising out of or relating to the use or the inability to use Kosara, or its content, including but not limited to damages caused by or related to errors, omissions, interruptions, defects, delay in operation or transmission, computer virus, line failure and all other direct, indirect, special, incidental, punitive, loss of profit/goodwill, exemplary or consequential damages whether based on warranty, contract, tort or any other legal theory including force majeure events, and whether or not, such Person was intimated or advised of the possibility of such damages.
XII.2. With respect to any third party products/services/listings, PAV has absolutely no control over the quality, safety or legality of the items or services advertised, the truth or accuracy of the listings, the ability of sellers/service providers to sell items/services offered thorough Kosara. PAV cannot and does not control whether or not sellers/service providers will complete the sale of items/services they offer.
XII.3. PAV assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft or destruction or unauthorized access to or alteration of any User’s data/information. PAV shall not be responsible for any problem or technical malfunction on-line-systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problem or traffic congestion on the internet or at any website/application or combination thereof, including injury or damage to any User or to any other person’s computer related to or resulting from participating or downloading materials/information from Kosara.
XII.4. Kosara may provide links to web sites and access to content, products and services from third parties, including advertisers, affiliates and sponsors of Kosara or PAV. You agree that Kosaraor PAV is not responsible for the availability/accuracy of content including but not limited to opinions, advice, statements and advertisements provided on such third party web sites and You shall bear all risks associated with the use of such content and for acting upon such content. PAV is not responsible for any loss or damage of any sort which You may incur from usage of contents of third party websites/mobile applications. PAV makes no representations or warranties as to the functioning of any third-party websites//mobile applications. A link to a third party web site from Kosara does not constitute endorsement by PAV of the owner of the other site, the content of its site, or its products or services.
XIII.1. You agree to defend, indemnify, and hold harmless, PAV and/or its associates, subsidiaries and their respective partners, officers, directors, employees, affiliates, licensees, business partners, agents and other representatives (collectively, “Representatives”)from and against any claims, notices, actions, demands or proceedings, includingwithout limitation reasonable legal and accounting fees, alleging or resultingfrom your use of Kosaraor its material or your breach of these Terms or anyapplicable law.
XIII.2. PAV will not be party to any legal proceedings between parties contracted through the third party services. The User hereby undertakes not to make or initiate any claims, notices, actions, demands or proceedings, arising out of or in any way related to such disputes against PAV or its Representatives. In case PAV or any of its Representatives is sought to be implicated in any legal proceedings, costs will be recovered from the party that names PAV or any of its Representatives as a party to such proceedings.
XIV.1. PAV may, without notice and in its sole discretion, and at any time, terminate or restrict the use or access of any User to Kosara, or any part thereof, for any reason whatsoever that it may deem fit, including without limitation, if the User has violated or acted inconsistently with the letter or spirit of these Terms or any applicable law.
XVI.1. Modification and Variation of the Terms and Services
(a) PAV may amend/modify the Terms, at any time, without prior notice to You and such modifications shall be effective immediately upon posting of such modified terms and conditions on Kosara.
(b) You may review the modified terms and conditions periodically to be aware of such modifications and your continued access to or use of Kosara shall be deemed conclusive proof of your acceptance of these terms and conditions, as amended/modified from time to time.
(c) PAV reserves its right to withdraw wholly or partly, without assigning any reason, any of Services offered through Kosara, with or without any notice.
These Terms govern your use of Kosara. If any provision of these Terms or part thereof is inconsistent with or is held to be invalid/void by or under any law, rule, order or regulation of any Government or by the final adjudication of any court, such inconsistency or invalidity shall not affect the enforceability of any other provision of the terms and conditions.
XVI.3. WaiverThe failure of PAV to exercise or enforce any right or provision of the terms and conditions of use shall not constitute a waiver of its right to enforce such right or provision subsequently.
XVI.4. Assignment of Rights
You are not permitted to assign or otherwise transfer your rights or obligations under these Terms. PAV may assign its rights and duties under these Terms without any such assignment being considered a change to the Terms, at its sole discretion, without any notice to You.
XVI.5. Governing Law
By accessing Kosara You agree that the laws prevailing in India shall be the governing laws in all matters relating to Kosara, the Services as well as the Terms.
Courts at New Delhi, India, India alone shall have the exclusive jurisdiction in all matters relating to use of Kosara, the Services and these Terms, irrespective of the territory and jurisdiction of your access to Kosara.
XVI.7. Monitoring and Reporting
PAV does not routinely monitor your postings on Kosara but reserves the right to do so. However, if PAV becomes aware of an inappropriate use of Kosara or any of its Services, PAV will respond in any way that, in its sole discretion, it deems fit and appropriate. You acknowledge that PAV will have the right to report to law enforcement authorities any actions that may be considered illegal, as well as any information it receives of such illegal conduct. When requested, PAV will co-operate fully with law enforcement agencies in any investigation of alleged illegal activity on the internet. PAV reserves all other rights.
XVI.8. Complaints and Grievance Redressal
Any complaints, abuse or concerns with regards to content and or comment or breach of these Terms shall be immediately informed to the designated Grievance Officer as mentioned below in writing or through email.
Name:Paras Chopra Email: email@example.com