Updated and Effective as of 1st January, 2023. These Terms of Use (“Terms”) apply to Varaha ClimateAg Private Limited’s (“Varaha”) website located at www.varaha.earth and all associated URLs owned and maintained by Varaha.
Please read these Customer Terms carefully before you use the Varaha website (“Site”). These Customer Terms form a binding contract between a user of the Site (hereinafter referred to as “you”, “your”, “User”, or “Customer”) and (Varaha “we” or “us”).
Your usage of the Site in any manner or capacity, means that you agree to these Customer Terms in its entirety, and these Customer Terms will remain in effect while you use the Site. These Customer Terms include the provisions set out in this document, as well as those contained in the Privacy Policy and any other relevant policies.
Your use of or participation in the Site may also be subject to additional policies, rules and/or conditions, which are incorporated herein by reference, and you understand and agree that by using the Site, you agree to also comply with these additional terms.
PLEASE READ THESE CUSTOMER TERMS CAREFULLY. THEY COVER IMPORTANT INFORMATION ABOUT SERVICES PROVIDED TO YOU. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SITE IN ANY MANNER.
1.CHANGE IN CUSTOMER TERMS
1.1 We are constantly trying to improve the Site, so these Customer Terms may go through amendments/changes from time to time. We reserve the right to change these Customer Terms at any time, but if we do, we will place a notice on our site located at [https://varaha-privacy-policy.s3-website.ap-south-1.amazonaws.com/index2.html]
1.2 If you don’t agree with the new terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Site. If you continue to use the Site in any way after an amendment / change to the Customer Terms is effective, that means you agree to all of the changes
2.PRIVACY POLICY
The Site takes the privacy of its Users very seriously.
For the current Privacy Policy,Please visit
https://varaha-privacy-policy.s3.ap-south-1.amazonaws.com/index2.html
3.USER INFORMATION
3.1. You are required to provide us with certain information or data, such as your contact information. You agree to provide us with accurate, complete, and updated registration information about yourself.
3.2. You represent and warrant that you are an individual of legal age, capable of forming a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Site and have gotten your parent or guardian to agree to these Customer Terms on your behalf).
3.3. You will only use the Site for your own, personal use, and not on behalf of or for the benefit of any third party. You will comply with all laws that apply to you, and you shall be responsible for your use of the Site along with your actions and omissions that relate to your usage of the Site. If your use of the Site is prohibited by these Customer Terms or applicable laws, then we have a right to suspend or terminate your use of the Site, immediately and without any written notification. We can’t and won’t be held responsible for your using the Site in a way that breaks the law.
4.RESTRICTIONS ON USAGE OF SERVICES
4.1. You represent, warrant, and agree that you will not provide, share, post, edit any content or user submission or otherwise use the Site or interact with the Site in a manner that:
4.1.1. infringes or violates the intellectual property rights or any other rights of any third-party;
4.1.2. violates any law or regulation, including, without limitation, any applicable export control laws, privacy laws or any other purpose;
4.1.3. is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
4.1.4. violates the security of any computer network, or cracks any passwords or security encryption codes;
4.1.5. runs Mail-list, Listserv, or any form of auto-responder or “spam” on the Site, or any processes that run or are activated while you are not logged into the Site, or that otherwise interferes with the proper working of the Site (including by placing an unreasonable load on the Site infrastructure);
4.1.6. Uses “crawls,” “scrapes,” or “spiders” on any page, data, or portion of or relating to the Site (through use of manual or automated means);
4.1.7. Makes copies or stores any significant portion of the content;
4.1.8. reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Site.
4.1.9. A violation of any of the foregoing is grounds for termination of your right to use or access the Site immediately without cause.
5.INTELLECTUAL PROPERTY
5.1. The materials displayed or performed or made available on or through Varaha, including, but not limited to, text, graphics, data, articles, photos, images, illustrations and so forth (all of the foregoing, the “Content”). Varaha, its services, the Content, features and functionalities (excluding user submissions) are and will remain the exclusive property of Varaha and / or its licensors, if applicable. Varaha and its Content is protected by copyright, trademark, and other intellectual property laws of India.
5.2. Subject to the license granted to a User, as provided in Clause 5.1 of these Customer Terms, all intellectual property rights are reserved with Varaha. The User shall not:
5.2.1 sell, rent or sub-license material from the Content;
5.2.2 won’t modify, publish, transmit, participate in the transfer any of the Content.
5.2.3 reproduce, duplicate, copy or otherwise exploit material from our Content;
5.2.4 edit, reverse engineer or otherwise modify our Content in any manner;
5.2.5.create derivative works based on, or otherwise exploit any Content of or on the Site;
5.2.6. redistribute material from our Content without express written consent from Varaha; or
5.2.7. broadcast or otherwise show any material from our Content to the public.
5.3.Varaha hereby grants you the limited and revocable right to access, view the Content only for the purpose of using the Site and accessing the services. Any rights not expressly granted to you herein are reserved to Varaha. The right granted under this clause shall be a non-exclusive, non-sublicensable and non-transferable license. Varaha may allow you to copy or download certain Content, but please remember that even where these functionalities exist, all the restrictions in this section still apply.
6.RESPONSIBILITY
6.1. The Site may contain links or connections to third-party websites or services that are not owned or controlled by us. When you access third-party websites or use third-party services, you accept that there are risks in doing so, and that Varaha is not responsible for such risks.
6.2. Varaha has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Site. In addition, we will not and cannot monitor, verify, censor or edit the content of any third-party site or service. We encourage you to be aware when you leave the Site and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize. By using the Site, you indemnify and hold us harmless towards any and all liability arising out of your usage of any third-party website or service.
6.3.If there is a dispute amongst Users on this Site, or between Users and any third party, you agree that Varaha is under no obligation to become involved. In the event that you have a dispute with one or more other Users, you agree to release Varaha, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes.
7.CHANGE OF SERVICES
We’re always trying to improve the Site, so it may change over time. We may suspend or discontinue any part of the Site, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Site. We reserve the right to remove any or content from the Site at any time, for any reason, in our sole discretion, and without notice.
8.COST
The services are currently free to use but we reserve the right to charge for certain or all of the services/features in the future. We will notify you before any services/features are being monetized for a fee, and if you wish to continue using the Site, you must pay all applicable fees for such services/features.
9.TRANSLATION OF THE TERMS
Varaha may provide a translation of the English version of the Terms into other languages. You understand and agree that any translation of the Terms into other languages is only for your convenience and that the English version shall govern the terms of your relationship with Varaha. Furthermore, if there are any inconsistencies between the English version of the Terms and its translated version, the English version of the Terms shall prevail over others.
10.OPTING OUT
10.1. Varaha and contractual parties are free to terminate (or suspend access to) your use of the services for any reason at our discretion, including your breach of these Customer Terms. Varaha has the sole right to decide whether you are in violation of any of the restrictions set forth in these Customer Terms
11.MOBILE SERVICES
11.1 If you access the Site or any associated services using a mobile device, you are responsible for any and all service fees associated with any such mobile access, including all applicable message and data rates and fees imposed by your wireless carrier, and for complying with all terms of use imposed by your wireless carrier. Varaha does not represent or warrant that the Site will be compatible with your mobile device.
12.DISCLAIMER
12.1. Warranty Disclaimer: Varaha and its licensors, suppliers, partners, or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (Varaha and all such parties together, the “Site Parties”) make no representations or warranties concerning the Site including without limitation regarding any Content contained in or accessed through the Site, and the Site Parties will not be held responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Site or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of or use of, or in any way related to your participation in, the Site. The Site and Content are provided on an “as-is” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that use of the Site will be uninterrupted or error-free.
12.2. Limitation of Liability: To the fullest extent allowed by applicable law, under no circumstances and under no legal theory (including, without limitation, tort, contract, strict liability, or otherwise) shall any of the Site Parties be liable to you or to any other person for (a) any indirect, special, incidental, punitive or consequential damages of any kind, including damages for lost profits, business interruption, loss of data, loss of goodwill, work stoppage, accuracy of results, or computer failure or malfunction, (b) any substitute goods, services or technology, (c) any amount, in the aggregate, in excess of Indian Rupees (INR) 2,50,000 or (d) any matter beyond our reasonable control.
12.3. Indemnity: You agree to indemnify and hold the Site Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (a) your use of the Site or any user submission, and (b) your violation of these Customer Terms.
12.4. Assignment: You shall not assign, delegate or transfer these rights or obligations hereunder, in any way (by operation of law or otherwise) without Varaha's prior written approval. We may transfer, assign, or delegate these Customer Terms and our rights and obligations without consent.
12.5.Governing Law and Dispute Resolution: In the event of any claim, dispute, difference or question between the parties arising out of or in connection with or in relation to these Customer Terms (“Dispute”), the parties shall first endeavour to settle such Dispute amicably by mutual discussion in good faith. If the parties fail to resolve the Dispute by such mutual discussion within 30 (Thirty) days of its occurrence, then the Dispute shall be referred to and resolved through a sole Arbitrator mutually appointed by the parties. The Arbitration proceeding shall be conducted in accordance with the provisions of the Arbitration and Conciliation Act, 1996 and the award of the Arbitrator shall be final and binding upon both the Parties. The seat and venue for such Arbitration proceedings shall be Delhi and shall be conducted in the English language. Subject to the foregoing, the courts at Delhi alone shall have exclusive jurisdiction to entertain any Dispute arising out of these Customer Terms.
These Customer Terms shall be governed and interpreted by and construed in accordance with the substantive laws of India.
12.6. Miscellaneous: The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Customer Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Customer Terms shall otherwise remain in full force and effect and enforceable. You agree that these Customer Terms are the complete and exclusive statements of the mutual understanding between you and us, and that these Customer Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Customer Terms.