These terms of use ("Terms of Use") mandate the terms on which users or visitors (the “Users”) accessing the platform www.farmerhouseapp.com and any corresponding websites or mobile applications (the “Platform”), owned and operated by Farmer House Digital (“Farmer House”).
The Platform may be used by Users to avail Farmer House Services (defined below), through either merchants registered with the Platform (“Tied-up Merchants”), or merchants not registered with the Platform (“Non-tied up Merchants”; both Tied-up Merchants and Non-tied up Merchants shall hereinafter collectively be referred to as “Merchants”, wherever the context so requires or permits) and delivery partners (“Delivery Partners”).
Users are requested to carefully read the Terms of Use before using the Platform or registering on the Platform or accessing any material or information through the Platform. Through the continued use of the Platform, or accepting these Terms of Use at the time of creating an Account, Users accept these Terms of Use and agree to be legally bound by the same. Notwithstanding the generality of the foregoing, Farmer House shall intimate the Users regarding any changes to these Terms of Use annually.
Use of and access to the Platform is offered to Users upon the condition of acceptance of all the terms, conditions and notices contained in these Terms of Use and Privacy Policy, along with any amendments made by Farmer House at its sole discretion and posted on the Platform from time to time and subject to the above, Farmer House grants Users a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform and the Farmer House App Services.
1 Eligibility:
2.Registration:
3.Farmer House Services:
4.Payment Terms
5. User Generated Content
a. Users agree that: (i) after completion of a transaction on the Platform, the Platform will prompt the User with an option to provide a rating and/or comments about the Delivery Partner (with respect to the services performed by the Delivery Partner) and Merchants (with respect to the Items sold/provided by them) (the “User Content”); and (ii) the Delivery Partner and the Tied-Up Merchants may also be prompted to rate the User on the Platform. Based upon such Delivery Partner and Merchant ratings, User rating scores on the Platform will be determined and displayed.
b. Farmer House and its affiliates reserve the right to use, share and display User Content in any manner in connection with the business of Farmer House and its affiliates, including on the Platform, without attribution to or approval of Users and Users hereby consent to the same. Farmer House and its affiliates reserve the right to edit or remove User Content in the event that such User Content include obscenities or other objectionable content, include an individual’s name or other personal information, or violate any privacy laws, other applicable laws or Farmer House Policies or its affiliates’ content policies.
6.Cancellation and Refund
a. Farmer House shall confirm and initiate the execution of the transaction initiated by Users upon receiving confirmation from Users for the same. If Users wish to cancel a transaction on the Platform, they shall select the cancel option on the Platform. It is to be noted that Users may have to pay a cancellation fee for transactions initiated on the Platform for which work has already been commenced by the Delivery Partner or the Merchant, as the case may be. With respect to work commenced by Merchants the cancellation fee will be charged to such Users which will be in accordance with the cancellation and refund policies of such Merchants.
b. Farmer House may cancel transactions initiated by Users on the Platform, on the instructions of the Merchants/Delivery Partners, if :
The designated address provided by Users is outside the service zone of the Merchant/Delivery Partner.
There is no User response via phone or any other communication channel at the Information, instructions and authorisations provided by Users are not complete or sufficient to execute the transaction.
If any Merchant’s outlet is closed.
If a Delivery Partner is not available to perform the services.
If any Item or product is not in stock with the Merchant.
If the transaction cannot be completed for reasons not in control of Farmer House.
c. Users shall only be able to claim refunds for transactions initiated if they have already pre-paid the fees with respect to such transaction. Subject to relevant Merchant’s refund policy and in accordance therein, Users shall be eligible to get the refund in the following circumstances:
The package has been tampered or damaged at the time of delivery, as determined by Farmer House basis the parameters established by Farmer House in its sole discretion.
If the wrong Item has been delivered to Users, which does not match with the Item for which the Users had initiated a transaction on the Platform, provided however, that such change in Item was not previously communicated to the User.
Farmer House has cancelled the order because of any reason mentioned under Clause 6.2.6, Clause 6.2.7, Clause 6.2.8 or Clause 6.2.9. above.
d. All decisions with respect to refunds will be at the sole discretion of Farmer House and in accordance with Farmer House internal refund policy and the same shall be final and binding. All refunds initiated by Farmer House shall be refunded to the financial source account from which Users have initiated the transaction on the Platform.
time of confirmation of the order booking.
The transaction involves supply/delivery/purchase of any material good that is illegal, offensive or violative of the Terms of Use. The User is not physically present or is unreachable once the Delivery Partner reaches the designated delivery location, for a period in excess of fifteen (15) minutes.
Information, instructions and authorisations provided by Users are not complete or sufficient to execute the transaction.
If any Merchant’s outlet is closed.
If a Delivery Partner is not available to perform the services.
If any Item or product is not in stock with the Merchant.
If the transaction cannot be completed for reasons not in control of Farmer House.
c. Users shall only be able to claim refunds for transactions initiated if they have already pre-paid the fees with respect to such transaction. Subject to relevant Merchant’s refund policy and in accordance therein, Users shall be eligible to get the refund in the following circumstances:
The package has been tampered or damaged at the time of delivery, as determined by Farmer House basis the parameters established by Farmer House in its sole discretion.
If the wrong Item has been delivered to Users, which does not match with the Item for which the Users had initiated a transaction on the Platform, provided however, that such change in Item was not previously communicated to the User.
Farmer House has cancelled the order because of any reason mentioned under Clause 6.2.6, Clause 6.2.7, Clause 6.2.8 or Clause 6.2.9. above.
d. All decisions with respect to refunds will be at the sole discretion of Farmer House and in accordance with Farmer House internal refund policy and the same shall be final and binding. All refunds initiated by Farmer House shall be refunded to the financial source account from which Users have initiated the transaction on the Platform.
7.Representations and Warranties
a. Subject to compliance with the Terms of Use, Farmer House grants Users a non-exclusive, limited privilege to access and use this Platform and the Farmer House Services.
b. Users agree to use the Platform only: (i) for purposes that are permitted by this Terms of Use; and (ii) in accordance with any applicable law, regulation or generally accepted practices or guidelines. Users agree not to engage in activities that may adversely affect the use of the Platform by Farmer House or Delivery Partner(s) or Merchants or other Users.
c. Users represent and warrant that they have not received any notice from any third party or any governmental authority and no litigation is pending against them in any court of law, which prevents them from accessing the Platform and/or availing the Farmer House Services.
d. Users represent and warrant that they are legally authorised to view and access the Platform and avail the Farmer House Services.
E.Users agree not to access (or attempt to access) the Platform by any means other than through the interface that is provided by Farmer House. Users shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any Farmer House Property, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform.
f. Users acknowledge and agree that by accessing or using the Platform, they may be exposed to content from others that they may consider offensive, indecent or otherwise objectionable. Farmer House disclaims all liabilities arising in relation to such offensive content on the Platform.
g. Further, Users undertake not to:
defame, abuse, harass, threaten or otherwise violate the legal rights of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, disparaging, ethnically objectionable, obscene, indecent or unlawful topic, name, material or information;
do any such thing that may harms minors in any way;
copy, republish, post, display, translate, transmit, reproduce or distribute any Farmer House Property through any medium without obtaining the necessary authorization from Farmer House;
conduct or forward surveys, contests, pyramid schemes or chain letters; upload or distribute files that contain software or other material protected by applicable intellectual property laws unless such Users own or control the rights thereto or have received all necessary consents;
upload or distribute files or documents or videos (whether live or pre-recorded) that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Platform or another's computer;
engage in any activity that interferes with or disrupts access to the Platform (or the servers and networks which are connected to the Platform);
attempt to gain unauthorized access to any portion or feature of the Platform, any other systems or networks connected to the Platform, to any Farmer House server, or through the Platform, by hacking, password mining or any other illegitimate means;
probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. Users may not reverse look-up, trace or seek to trace any information on any other User, of or visitor to, the Platform, to its source, or exploit the Platform or information made available or offered by or through the Platform, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided on the Platform; disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers or networks connected to or accessible through the Platform or any affiliated or linked sites; collect or store data about other Users, Merchants, Delivery Partner in connection with the prohibited conduct and activities set forth herein; use any device or software to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform;
use the Platform or any material or Farmer House Property for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company or other third parties;
falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
impersonate any other User, Merchant, Delivery Partner or person; violate any applicable laws or regulations for the time being in force within or outside India or anyone’s right to privacy or personality;
violate the Terms of Use contained herein or elsewhere;
threatens the unity, integrity, defence, security or sovereignty of India, friendly relation with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting for any other nation; and
reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform.
h. Users agree and acknowledge that the use of the Farmer House Services offered by Farmer House is at their sole risk and that Farmer House disclaims all representations and warranties of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes are excluded to the fullest extent permitted by law.
i. Without prejudice to the above, Farmer House makes no representation or warranty that the Farmer House Services will meet the Users requirements.
j. All materials/content on the Platform (except any third party content available on the Platform), including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, “Material”) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Farmer House. Users acknowledge and agree that the Material is made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere in our Platform, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose other than the purposes stated under this Terms of Use, by any person or entity, without Farmer House prior express written permission. Users may not add, delete, distort, or otherwise modify the Material. Any unauthorized attempt to modify any Material, to defeat or circumvent any security features, or to utilize our Platform or any part of the Material for any purpose other than its intended purposes is strictly prohibited. Subject to the above restrictions under this Clause, Farmer House hereby grants Users a non-exclusive, freely revocable (upon notice from Farmer House), non-transferable access to view the Material on the Platform.
8.Intellectual Property Rights
a. The Platform and process, and their selection and arrangement, including but not limited to, all text, videos, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork, algorithm and computer code (and any combination thereof), compilations and databases of Accounts and Account details, except any third party software available on the Platform, is owned by Farmer House (“Farmer House Property”) and the design, structure, selection, co-ordination, expression, look and feel and arrangement of such Farmer House Property is protected by copyright, patent and trademark laws, and various other intellectual property rights. Users are not permitted to use Farmer House Property without the prior written consent of Farmer House