Date of EULA: 1st of February 2021
Please read this End-User License Agreement ("Agreement") carefully before clicking the "I Agree" button, which are the terms of usage & collection of data from your phone systems, your inputs and other ancillary information gathered when the App is being used. This app named Kamala Farms may be referred to by the name of the App or the words "Application" or “App” or digital platform.
By clicking the "I Agree" button, downloading or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement. If you are using this App on behalf of some other entity or a legal person, then the same terms shall also be bound upon the said end user on behalf of whom this App is being used.
If you do not agree to the terms of this Agreement, do not click on the "I Agree" button and do not download or use the Application.
License
Kayne Bio Sciences Limited (“KBSL” or “Kayne Bio sciences” or “Company”) grants you a revocable, non- exclusive, non-transferable, limited license to download, install and use the Application solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.
Restrictions
You agree not to, and you will not permit others to:
a) License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party commercially.
Application Modification
KBSL reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without any notice and without liability to the user/s.
All ownerships of the App, its versions, subsequent releases etc. shall remain with the Company and the user/s agree & undertake to not modify, alter, change the App or its intended use at anytime.
Term and Termination
This Agreement shall remain in effect until terminated by KBSL
KBSL may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from KBSL, in the event that you fail to comply with any provision of this Agreement or upon failure to pay for the usage of the App post free version or on expiry of the trial usage period. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device or from your desktop.
Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device or from your desktop and or reports generated thereof.
Severability
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Amendments to this Agreement
KBSL reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material the company shall not provide any notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
Terms of the Agreement and/or App Usage
The App is designed and made available as an accessory to gain better insights / information / analytics / data from the data gathered by the user, or uploaded to the App by the user; this is no means shall constitute the basis of decision making by the user and KBSL shall not be held accountable for any miscalculation or wrong analytics etc. which may or may not impact the financial or operational losses or gains of the user or any mental agony or harassments of any kind. The user explicitly waives the rights to any financial, operational, or any such losses of any kind including psychological or physiological losses.
The App has developed an algorithm, which is the proprietary information and the exclusive ownership of the company and any attempt to copy or misuse the said algorithm shall be in contravention of these terms and appropriate legal action for recovery of losses on account of such copy shall be the sole prerogative of the company and the user undertakes to make good the said losses, financial as well as in terms of loss or harm to reputation, to the company.
The App functions on the basis of information given by the user on the App and any resultant details or insights given by the App are driven on the basis of such information. Whether the information furnished was correct or not, any decision made by the user basis the App shall be the discretion of the user with no repercussions or responsibilities of the App. The App has been designed to provide additional data, but in no way suggests the course of action to be taken by the user or the resultant profits or loss thereof and hence any share of the resultant outcome therein.
The App collects information, data, inputs, user information, device information including but not restricted to geological information, location, device specifications, display specifications, network, carriers, device ID, contact numbers, storage access, information available on the device, camera, pictures etc. The user specifically understands and accepts the said information collection by the company.
The user also understands that the information collected by the App may or may not be stored at third party servers or locations, which is subject to its own set of risks, which are beyond the control of the company. In the case or event whereby the App stores information of the users on its own servers, the company doesn’t undertake any liability for the information so collected being leaked or manipulated or loss of information therein.
The user may get access to information, reviews and other features that offered from time to time. The user shall not (nor cause any third party) use these platforms for any illegal activities including without limitations defaming, abusing, harassing, threatening, promoting racism, or otherwise violating legal rights, such as rights of privacy of others or immoral activities, false marketing or sales or submit false or misleading information.
We do not control and are not liable to or responsible for the quality, safety, lawfulness or availability of the information or services offered for sale on the application or the ability of the suppliers to complete the sale or the ability of buyers to complete a purchase.
Contact Information
If you have any questions about this Agreement, please contact us using the website of the company or through the App on kayneagro@gmail.com
Jurisdiction
The Jurisdiction shall be wholly & exclusively at Hyderabad, Telangana, India.
Arbitration
If any controversies, conflicts, disputes and/or differences (“Dispute”)arises between the Company & the User (“Parties”) the disputing Parties hereto during the subsistence of this Agreement or thereafter, the disputing Parties shall endeavor to settle such dispute amicably whereby the disputing Parties shall attempt to reach a resolution of the matter.
If amicable settlement is not arrived at as above, within 30 (thirty) days of the date of Dispute, the Dispute shall be resolved and settled exclusively and finally by arbitration and either disputing Party may issue a notice of Dispute (“Notice of Dispute”) to the other disputing Parties.
Within 30 (thirty) days of the issue of a Notice of Dispute, the disputing Parties shall mutually agree on the appointment of a sole arbitrator.
All pertinent evidence on the subject matter in Dispute shall be made available to the arbitrator appointed as above and each Party shall have the right to present both orally and in writing its arguments and views on the Dispute. The arbitrator shall also decide on the costs of the arbitration proceedings. The decision of the arbitrator shall be rendered in writing and shall be binding upon the Parties. The costs, charges and expenses of the arbitration shall be the discretion of the arbitrator. Such arbitration shall be governed in accordance with the Arbitration and Conciliation Act, 1996. The seat of arbitration shall be Hyderabad and the arbitration proceedings shall be conducted in the English language.
The award rendered by the arbitrator shall be final and binding on all Parties hereto and judgment thereon may be entered in Courts of Hyderabad.
Parties hereto agree that their consent for resolution of Disputes through arbitration shall not preclude or restrain either of them from seeking suitable injunctive relief in appropriate circumstances from the Courts of Hyderabad.
By clicking on the ‘Accept’ button option, the User Agrees to have read, understood, confirm & agree to the terms laid out and / or enumerated above for the usage of the App.