LAST UPDATED ON: 15.01.2021
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
OF THE PLATFORM.
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
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.
available on the Platform (collectively
The Website and Application are collectively referred to as
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
- 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.
- 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.
- GENERAL DISCLAIMER
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.
You agree that You shall not access the Platform by any other
means other than through the interfaces that are provided by Us.
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.
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.
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
You agree that You shall not breach any provisions of the
Agreement or violate any provisions of applicable law.
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.
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.
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
- 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
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
- 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.
- REGISTRATION PROCESS
The Seller shall log in on the Platform using a username and
password or through any other means provided by the Company.
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.
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
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.
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)
ifCompany has reasonable grounds to suspect that any
information provided is untrue, inaccurate, not current or
incomplete, or not in accordance with these Terms.
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”).
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.
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.
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
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.
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.
The Seller shall be liable for the content posted on the
- 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
- NO GUARANTEES
Among other things, the Company does not guarantee that:
- The Platform will meet the Your expectations; or
The Platform will be accessible without interruption or in a
timely, reliable, or fault-free manner; or
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.
- 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
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.
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
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.
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.
- 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
- 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.
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
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.
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.
the Company shall have the right to assign its obligations and
duties in this Agreement to any person or entity.
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.
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
designated Grievance Officer in writing at
No 347 Mahaveer Galaxy, Sunkalpalya, Bengaluru-60
or through an email signed with electronic signatures sent to