The Agreement addresses the following topics:
Rules for Registration, Submissions, and Messages Rights Third Party Services Disclaimer of Warranties Limitation of Liability Discontinuance, Modification & Restrictions Applicable Law & Exclusive Jurisdiction Dispute Resolution
- Using Good Judgment
The Agreement is intended to make the use of our Products safe for everybody. We invite you to bring to our attention any information shared here in our Product that you believe to be inaccurate, inappropriate, or in violation of these rules. Please write to us at email@example.com.Please use common sense when you use our Products. The content that appears on the Products is to be used in the way communicated through the training. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before you act on information you’ve found on or through any of the Products, confirm any facts that are important to your decision. We encourage you to exercise healthy skepticism and good judgment.
- Rules for Registration, Submissions, and Messages
Registration. To obtain access to our Products, you shall be given an opportunity to register. As part of the registration process, you shall select a password. You agree that the information you supply during that registration process shall be accurate and complete and that you shall not register under the name of, nor attempt to use any of the Products under the name of, another person. You shall be responsible for preserving the confidentiality of your password and for all actions of persons accessing any of the Products through any password selected by you. You shall notify us at firstname.lastname@example.org of any known or suspected unauthorized use of your account.
Submissions and Messages. Responsibility for what is communicated using the Products lies with each user – you alone shall be responsible for the content of your communication, and the consequences of any such communications. You agree not to use the Products to send or submit materials:
- that is false, inaccurate or misleading;
- that infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- that violates any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, and false advertising);
- that are libelous, threatening or harassing;
- that are obscene or contain any kind of pornography;
- that contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- that might create liability for us or might cause us to lose (in whole or in part) the services of our Internet service providers or other suppliers;
- that interfere with the ability of others to enjoy our Products; • that impersonate any other person or entity, whether actual or fictitious, including impersonating our employees or consultants;
- that link to or include descriptions of products or services that: ◦ are prohibited under this Agreement, or ◦ you do not have a right to link to or include;
- that contain any content that you do not have the right to make available under any law or any contractual or fiduciary relationship (such as inside information and confidential information learned under a non-disclosure agreement); or
- that instigate or encourage others to commit illegal activities or cause injury or property damage to any person.We are a passive conduit for the information you submit in your communication. We cannot and shall not review any communication a user may make through our Products. We neither endorse nor guarantee the accuracy or propriety of any communication. We do, however, reserve the right, but do not assume the obligation, to restrict or prohibit your use of the Product if we believe you are violating any of the terms of the Agreement.
All rights to the information you upload to, collect, and communicate using, our Products shall rest completely with you. We do not, directly or otherwise, claim any rights to the information you have generated or communicated using our Products.Our Limited License to You. You are free to upload, display, and disseminate any information using our Products as long as it conforms to the clauses of this Agreement and applicable laws. The burden of determining whether any content communicated using our Products is or is not protected by Rights rests completely with you.
Marks. We do not want anyone to be confused about which materials and services are provided by us and which are not. You may not use any mark appearing on the Products without the prior written consent of the owner of the mark. Our name and our Products have associated logos and are marks owned by Tene Agricultural Solutions Pvt. Ltd…
Your License to Us. By using our Products to gather, communicate and download communication, you grant us and our partners, agents, affiliates and service providers (collectively, “Affiliates”), the non-exclusive right to fulfill our commitments to do everything necessary to meet our contractual agreements to you entered into when signing you up for use of our Products. You agree that we and our Affiliates may identify you as the author of any of your communications as legally required of us. If any third-party content is included in any materials that you use on our Products, you undertake to obtain all necessary permissions from the content owner and shall use our Products in keeping with the license for the use of such data.
Notice of Copyright Infringement. If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via our Products, please notify us by sending an email to email@example.com or by sending a notice by land mail to: Admin Officer at Tene Agricultural Solutions Pvt. Ltd., #2073/C, 4th Main, 1st Cross, Judicial Layout, Bengaluru – 560065, India. Please note that we may access and disclose your personally identifiable information in order to address any infringement claim.
Indemnity. You agree to hold us and our affiliates, agents, and licensors harmless from any claim that may arise from your use of any of our Products.
- Third-Party Services
As a convenience to you, we may use third-party Products and Services. Such Products and Services and the parties that control them are beyond our control. The use of these Products and Services are governed by the respective end user license agreement and protect your interests as our affiliates. We make no representations as to the content, quality, suitability, functionality, or legality of such Products and Services for your specific use. You hereby waive any claim you might have against us with respect to the actions, or lack thereof, of such providers of Products and Services. We make no warranties or representations whatsoever with regard to such products or service providers. You shall not consider us – nor shall we be deemed – a party to such transactions, whether or not we may have received some form of remuneration in connection with the transaction. We shall not be liable for any costs or damages arising out of any transaction (whether directly or indirectly) between you and any other person or entity.
- Disclaimer of Warranties
YOU AGREE THAT USE OF THE PRODUCTS IS AT YOUR SOLE RISK. OUR PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Tene Agricultural Solutions Pvt. Ltd., ITS AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION, MATERIALS AND SERVICES AVAILABLE THROUGH OUR PRODUCTS.YOU ALSO AGREE THAT IF YOU RELY ON ANY DATA OR INFORMATION OBTAINED THROUGH OUR PRODUCTS, YOU DO SO AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF ANY MATERIAL AND/OR DATA.
OUR PRODUCTS ARE PROVIDED WITH THE UNDERSTANDING THAT NEITHER Tene Agricultural Solutions Pvt. Ltd. NOR ITS USERS, WHILE SUCH USERS ARE AVAILING OF THE PRODUCTS, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. THE USE OF OUR PRODUCTS BY SUCH PROFESSIONALS SHALL NOT BE DEEMED TO IMPLY THAT WE ARE PROVIDING THE PROFESSIONAL SERVICE OR ADVICE.
- Limitation of LiabilityUNDER NO CIRCUMSTANCES SHALL Tene Agricultural Solutions Pvt. Ltd. OR ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF YOUR USE OF ANY OF OUR PRODUCTS, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF Tene Agricultural Solutions Pvt. Ltd., ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO ANY OF OUR PRODUCTS SHALL NOT EXCEED THE AMOUNT YOU PAID TO US TO USE THE PRODUCT. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF Tene Agricultural Solutions Pvt. Ltd., ITS AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
- Applicable Law & Exclusive Jurisdiction
Our Products are controlled and operated by Tene Agricultural Solutions Pvt. Ltd. from Bengaluru, Karnataka, India. Those who choose to access our Products from other locations do so on their own initiative and are responsible for compliance with applicable local laws. The Agreement constitutes an agreement made in, and to be construed in accordance with the laws of, Bengaluru, the State of Karnataka, India without regard to its conflict of law provisions. By using our Product, you consent to the exclusive jurisdiction of the state and federal courts in Bengaluru, India, in all disputes arising out of or relating to this agreement.
- Dispute Resolution
You agree not to take any legal action against us that relates to or arises out of any of our Products without first (a) sending us, via registered mail or national overnight courier service, a detailed written description of the facts and law out of which your claim arises; and (b) negotiating with us, in good faith, for not less 30 days, toward resolution of the dispute. All correspondence concerning such dispute must be sent to firstname.lastname@example.org, or such other designee as Tene may identify from time to time.
In the event that any provision of the Agreement conflicts with the law under which the Agreement is to be construed or if any provision is held invalid by a court with jurisdiction over the parties to the Agreement, such provision shall be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of the Agreement shall remain in full force and effect. If either party fails to insist upon or enforce strict performance by the other party of any provision of the Agreement, or to exercise any right under the Agreement, such failure shall not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance.The Agreement constitutes the entire understanding between the parties as to the subject matter hereof and supersedes all prior agreements and understandings relating to such subject matter.
1st June 2020 Bengaluru