LAST UPDATED ON: 15.01.2021

Terms of Use

THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000 AND RULES THERE UNDER AS APPLICABLE AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.

THIS DOCUMENT IS PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF RULE 3 (1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011 THAT REQUIRE PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND TERMS OF USE FOR ACCESS OR USAGE OF THE PLATFORM.

Welcome to the Terms of Use (“Terms”) of EFS TECH INDIA PVT LTD, a company incorporated under the laws of India with its registered office at No 347 Mahaveer Galaxy, Sunkalpalya, Bengaluru(“Company”, “We”, “Us”, or “Our”). The Company is in the business of providing a platform for individuals or business entities involved in land supply chain to network and connect(“Service”).

By accessing or using the website available at www.earthfields.in and any subdomains (“Website”) and Our mobile application available on Android and iOS platforms (“Application”). You agree to be bound by these Terms.

Your agreement with Us includes these Terms and the Privacy Policy available on the Platform (collectively “Agreement”).

The Website and Application are collectively referred to as “Platform”.

The expressions “You” or “Your” or “User” refers to any person who downloads, accesses or uses the Platform for any purpose.

“Seller” shall mean authorised user identified and invited by the Company to list their land/property and/or third-party land/property (in case of an agent) on the Platform.

All terms used with a capitalized first letter shall have the meaning assigned to them in these Terms or the Privacy Policy.


  1. AMENDMENT TO THE TERMS

If You do not agree with these Terms or any provisions in the Agreement, then refrain from using the Platform. We reserve the right to change, modify, amend, or update these Terms and/or the Agreement from time to time and such amended provisions of these Terms and/or the Agreement shall be effective immediately upon being posted on the Platform. You can determine when these Terms and/or Agreement were last revised by referring to the ‘LAST UPDATED’ at the top of these Terms and/or Agreement. Your continued use of the Platform shall be deemed to signify Your acceptance of these provisions or amended provisions of these Terms and/or the Agreement.


  1. ELIGIBILITY CRITERIA

You represent and warrant that You have the right to access or use the Platform. The Platform can only be availed by those individuals or business entities, including sole proprietorship firms, companies and partnerships, which can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Platform.


  1. GENERAL DISCLAIMER
  1. By using the Platform, You agree that You meet the Eligibility Criteria as detailed in Clause 2 (above) and that You are fully able and competent to understand and accept this Agreement as a binding contract and to abide by these Terms.
  2. You agree that You shall not access the Platform by any other means other than through the interfaces that are provided by Us.
  3. You agree that You shall not acquire, copy, or monitor any portion of the Platform or the Content in any way to reproduce or circumvent the navigational structure or presentation of the Platform, to obtain or attempt to obtain any materials, documents, or information through any means not specifically made available through the Platform.
  4. You agree that You shall not attempt to reverse engineer, de-encrypt, or otherwise derive the design, internal logic, structure or inner workings (including algorithms and source code) of the Platform, any other software, products, models, prototypes, or other items provided by Us.
  5. You agree that You shall not use any deep link, robot, spider or other automatic device or methodology, or any similar or equivalent manual process, to access, acquire, download, copy or monitor the Platform or any part thereof, or obtain any content through means not specifically made available through the Platform.
  6. You agree that You shall not breach any provisions of the Agreement or violate any provisions of applicable law.
  7. You agree that You shall not hack or try to hack data, information, software, application stored on the Platform or the Company’s infrastructure and use the same your own benefits whether resulted in financial gain or not.
  8. You agree that you will inform the Company as soon as you are in possession of any unauthorised data, information, software, application and delete the same permanently.
  9. You understand as the Platform and the Terms are available in various languages for ease of the Users, the Company cannot guarantee or be held liable for the accuracy or quality of the translations.

  1. CODE OF CONDUCT

You shall not host, display, upload, modify, publish, transmit, update or share any information that:

  • belongs to another person and to which the You do not have any right to;
  • is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, 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;
  • harms minors in any way;
  • infringes any patent, trademark, copyright or other proprietary rights;
  • violates any law for the time being in force;
  • deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  • impersonates another person;
  • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; and
  • 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 cognisable offence or prevents investigation of any offence or is insulting any other nation.

  1. REGISTRATION PROCESS
  1. The Seller shall log in on the Platform using a username and password or through any other means provided by the Company.
  2. The Seller shall not create any fake profiles of any person or impersonate someone in a misleading or deceiving manner, with or without the intention of harassing, bullying anyone or misusing the Platform. Such accounts will be suspended immediately.

  1. PLATFORM FOR INFORMATION ABOUT LANDS/PROPERTY

THE PLATFORM ENABLES USERS TO INTERACT WITH SELLER FOR INFORMATION ABOUT LANDS/PROPERTY. THE COMPANY IS NOT AND CANNOT BE A PARTY TO OR CONTROL IN ANY MANNER ANY TRANSACTION BETWEEN THE USERS AND SELLER.

ALL COMMERCIAL/CONTRACTUAL TERMS ARE OFFERED BY AND AGREED TO BETWEEN SELLER AND USERS ALONE. THE COMPANY DOES NOT HAVE ANY CONTROL OR DOES NOT DETERMINE OR ADVISE OR IN ANY WAY INVOLVE ITSELF IN THE OFFERING OR ACCEPTANCE OF SUCH COMMERCIAL/CONTRACTUAL TERMS BETWEEN SELLER AND THE USER.

THE COMPANY IS NOT RESPONSIBLE FOR ANY NON-PERFORMANCE OR BREACH OF ANY CONTRACT ENTERED INTO BETWEEN USERS AND SELLER. THE COMPANY CANNOT AND DOES NOT GUARANTEE THAT THE CONCERNED USERS WILL PERFORM ANY TRANSACTION CONCLUDED THROUGH THE PLATFORM. THE COMPANY SHALL NOT AND IS NOT REQUIRED TO MEDIATE OR RESOLVE ANY DISPUTE OR DISAGREEMENT BETWEEN USERS AND SELLER.


  1. TERMINATION

Company may suspend or terminate use of the Platform:

  • if it believes, in its sole and absolute discretion that the User has breached, violated, abused, or unethically manipulated or exploited any term of the Agreement;
    • if it is brought to the Company’s notice or if it is discovered that the User is under the age of 18 (eighteen) years; and
    • ifCompany has reasonable grounds to suspect that any information provided is untrue, inaccurate, not current or incomplete, or not in accordance with these Terms.

  1. CONTENT
  1. Company may, at its sole discretion, enable Sellers to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Platform (“Seller Content”); and (ii) access and view Seller Content and any content that the Company itself makes available on or through the Platform, including Company’s proprietary content and any content licensed or authorized for use by or through the Company from a third party (“Company’s Content” and together with Seller Content, “Collective Content”).
  2. The Platform, Company’s Content, and Seller Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of India and other countries. You acknowledge and agree that the Platform and Company’s Content, including all associated intellectual property rights, are the exclusive property of the Company and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Platform, Company’s Content or Seller Content. All trademarks, service marks, logos, trade names, and any other source identifiers of the Company used on or in connection with the Platform and Company’s Content are trademarks or registered trademarks of Company in India and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Platform, Company’s Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
  3. You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Platform or Collective Content, except to the extent you are the legal owner of certain Seller Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by the Company or its licensors, except for the licenses and rights expressly granted in these Terms.
  4. Subject to Your compliance with these Terms, the Company grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the Platform and accessible to You, solely for Your personal and non-commercial use.
  5. By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Seller Content on or through the Platform, You grant to the Company a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Seller Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Seller Content to provide and/or promote the Platform, in any media or platform. Unless You provide specific consent, the Company does not claim any ownership rights in any Seller Content and nothing in these Terms will be deemed to restrict any rights that You may have to use or exploit your Seller Content.
  6. You are solely responsible for all Seller Content that you make available on or through the Platform. Accordingly, You represent and warrant that: (i) You either are the sole and exclusive owner of all Seller Content that you make available on or through the Platform or you have all rights, licenses, consents and releases that are necessary to grant to the Company the rights in and to such Seller Content, as contemplated under these Terms; and (ii) neither the Seller Content nor Your posting, uploading, publication, submission or transmittal of the Seller Content or Company's use of the Seller Content (or any portion thereof) will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
  7. The Seller shall be liable for the content posted on the Platform.

  1. USE OF YOUR PERSONAL INFORMATION

In the course of use of the Platform, the User may be asked to provide certain personal information to Us. The Company’s information collection and use policies with respect to privacy of such information are set forth in the Privacy Policy available at [•].


  1. NO GUARANTEES

Among other things, the Company does not guarantee that:

  1. The Platform will meet the Your expectations; or
  2. The Platform will be accessible without interruption or in a timely, reliable, or fault-free manner; or
  3. The results obtained through the use of the Platform will be correct and reliable.

No guidance or information, written or oral, obtained from the Company or via the Platform, shall constitute any warranty, which has not specifically been stated in these Terms.


  1. DISCLAIMER AND LIMITATION OF LIABILITIES

THIS PLATFORM IS PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS PLATFORM OR THE INFORMATION, CONTENT INCLUDED ON THIS PLATFORM. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS PLATFORM IS AT YOUR SOLE RISK. THE COMPANY RESERVES THE RIGHT TO WITHDRAW OR DELETE ANY INFORMATION FROM THIS PLATFORM AT ANY TIME IN ITS DISCRETION.


TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. THE COMPANY DOES NOT WARRANT THAT THIS PLATFORM, ITS SERVERS, OR EMAIL SENT FROM THE COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS PLATFORM, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.


  1. INDEMNIFICATION

You agree to indemnify, defend and hold harmless the Company from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Company that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms or Privacy Policy.


  1. SEVERABILITY

If, for any reason, a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that portion shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision. The remainder of the Terms shall continue in full force and effect.


  1. WAIVER

No provision of the Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Company. Any consent by the Company to, or a waiver by the Company of any breach by You, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.


  1. GOVERNING LAW AND JURISDICTION

These Terms shall be governed by the laws of India. Subject to the dispute resolution clause below, courts and tribunals of Bengaluru, India have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms (including any disputes regarding the existence, validity or termination of these Terms).


  1. DISPUTE RESOLUTION

If any dispute, controversy or claim arises under, out of, or in relation to these Terms, including any dispute concerning the formation, construction, interpretation, or breach of these Terms or any party’s performance of its obligations under it, such dispute shall at the first instance be attempted to be resolved through mutual good faith consultations. If the dispute is not resolved in this manner within fortyfive (45) days of either party sending a notice (in accordance to Clause 17) to the other party of such dispute, then the dispute shall be resolved by binding arbitration under the provisions of the Arbitration & Conciliation Act 1996, by an arbitrator appointed mutually in Delhi, India.


  1. NOTICES

All notices or demands to or upon the Company shall be effective if in writing and shall be deemed to be duly made when sent to No 347 Mahaveer Galaxy, Sunkalpalya, Bengaluru-60. All notices or demands to or upon an User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the You on the Platform, or by posting such notice or demand on an area of the Platform that is publicly accessible.


Notice to User shall be deemed to be received by such User if and when the Platform is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or immediately upon Platform’s posting such notice on an area of the Platform that is publicly accessible.


  1. MISCELLANEOUS
  1. Headings for any section of the Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
  2. the Company shall have the right to assign its obligations and duties in this Agreement to any person or entity.
  3. All telephonic calls to the Company will be kept completely confidential. However, Your call may be recorded to ensure the quality of service. Further, for training purposes and to ensure excellent customer service, calls from the Company to You or from You to the Company may be monitored and recorded.
  4. ShubhamTiwari is the designated Grievance Officer in respect of the Platform. Any complaints or concerns with regards to any content on the Platform or any breach of this Agreement or Privacy Policy can be directed to the designated Grievance Officer in writing at No 347 Mahaveer Galaxy, Sunkalpalya, Bengaluru-60 or through an email signed with electronic signatures sent to info@earthfields.in