1. Introduction
We welcome you to www.bhoomee.co.in Bhoomee is an internet based portal/ interactive website, wholly owned & managed by M5 info Solutions Private Limited, a company registered under the Indian Companies Act. We at Bhoomee strive to create internet enabled platform, to work for all persons connected and involved in agriculture, from “farmers to consumer” inclusive of traders, from seed to yield, on infrastructure, transport and other allied agro-related and food processing activities.
These following are the terms and conditions governing your use of the site, (referred to Terms of Use/ User policy).Site contains, data and information, collected from identified and non-identified sources, best practices & efforts are made to ensure right data and information are collected, which are relevant and suggestive. By accessing this site either through website or any other electronic mode or device, you confirm and acknowledge your acceptance all of the following Terms of Use/ User policy.
2. Using Bhoomee
·  2.1. By accessing and using the site, you agree and understand that www.bhoomee.co.in , is an internet enabled electronic platform, which facilitates communication of data & information, for the purpose distributing information, pertaining to goods or services related to agriculture, allied activities, agro-industry, food processing industry, enabling the community and providing services for Agri-community & advertising.
·  2.2. You further agree, that you understand Bhoomee does not endorse, market or promote any of the listing, posting or information, nor do we at any point come into possession directly or indirectly or engage in the distribution of any of the products, services, the information and data on the site is hosted by third parties or on suggestion, request and or authorisation of third parties, all information are suggestive information and are subjected to changes in the general course.
·  Although Bhoomee uses standard practices and precautions in providing the information, data & services and adopts best diligences practices, we do not provide any warranties for any third party information or services.
·  2.3. We do not vouch or certify the information or service in any manner, the site is enabler platform only for dissemination of information, collected through various sources, market information based on the available information which are dynamic and subject to changes in the usual course. By using this site, you agree to provide and report to Bhoomee, technical team about abuse of information, wrongful information, fraudulent hosting/ practices, by any person/s, in reference to the usage of the site.
·  2.4. Accepting or use of the site, you must adhere to the polices made available to you within the services and site. You are supposed you use the only suggested medium of access to the site adhere to the instructions that Bhoomee provides and as provided under the law applicable at both site domain and user jurisdiction. Bhoomee reserves the right of suspending or stop providing our services to you if you do not comply with the user terms or is there is abuse, complaint of abuse or there is an inquiry for misconduct.
·  2.5.Assessing and use of this site, you agree and confirm that you have clearly understood the terms of use, policies. You agree to periodically, keep yourself updated about the changes in the terms of use, policies, which are subject to changes and the right of change are reserved. In the event you do not accept the terms of use or policies, you shall discontinue to use the site immediately and shall notify to us on contact@m5infosolutions.com about reasons for non-acceptance or your reservations. In the event of you continuing to use this site shall mean you have accepted all terms of use and policies of this site.
·  2.6.All modifications of the terms of use or listing policy, service policy and applicable policies, terms and usage conditions, shall be available on the site, however Bhoomee may at its option to send the updates by email communication and you agree to update yourself about such updates and notifications.
3. Reservation of Intellectual property (“I.P”)
·  3.1. You agree and confirm that all ownership and intellectual property rights over the content accessed by you and services provided, are exclusive property of the Bhoomee. Use of trade mark, branding or logos, of Bhoomee or used by Bhoomee, is restricted and termed as violation of I.P rights. Any information provided, in the site is not to be altered, removed, obscured in any manner, including any terms of usage, legal notices displayed in or along with the Site or services.
·  3.2.1 Third Party data & I.P:  Along with site, the services provided by Bhoomee, contain data and information display of third parties, which are not of Bhoomee and such content is the sole responsibility of the person/s or entity, whosoever, has displayed or published the data on the site, they shall have the sole responsibility over the content and its veracity. Bhoomee shall have the right to review the content for legal purposes or for violation of terms of use / policies and may remove without notice or refuse to display such content which Bhoomee feels violates its terms and policies or the law.
·  3.2.1.1Bhoomee may provide, on its site, links to sites operated by other entities. If you decide to view this site, you shall do so at your own risk and you shall comply the terms of use, policies, and conditions of use and privacy policies which is independent with such site/s as declared by the owner of the site. You agree that you are responsible to take all protective measures to guard against virus or other damaging/ destructive electronic programs, you may encounter on these sites. Bhoomee makes no warranty or representation regarding and do not endorse any linked websites or information appearing thereon or any of the products or services described.
·  3.2.1.2. You confirm your understanding and agree that, in your interactions with other users or other sites ( linked sites) or their services, organisations, entities or individuals, who come in contact on the site or through the service, including making remitting and collection of payments, delivery of goods and services and any other terms, conditions, warranties, representations associated with such dealings, are solely between the user and such provider of service, either individuals or organisations. Bhoomee, being information enabler having independent postings and allowing hosting of data and information from third parties, you agree that you shall make all prudent due-diligences, investigations, before entering into services with any online or offline transactions with any of these parties or users.
·  3.2.2You agree that while interacting with other users and availing the services, or acting on any listing,, posting or information, you shall exercise your reasonable diligence as you would in traditional off line channels and practice Judgment and common sense applying your intellect business skill before committing to or complete the intended business or procure the service or avail the information or exchange the information. It is recommended that you follow the safety user guide lines as in traditional business and as indicated in this site before doing any activity.
·  3.2.3.You agree that you shall post the information or list the information as per the guidelines and criteria prescribed in the site and other services such as; discussion forum, comments, feed backs, and other information, shall be hosted or posted in the appropriate category and you agree that your use of the site shall be governed by the terms of use, including the policy for listing as and when as is applicable for listing or hoisting of such classified. Bhoomee shall reserve its rights to review or alter to its best judgment to host the information or listing or posting so as to be effective. In the event of any changes you may require you shall effectively communicate to Bhoomee for its consideration. Further all classified information listed and un-classified information listed or posted shall adhere to the terms and policies herein and shall not violate the prohibited and restricted items policy. You shall read the policy for hosting along with the terms of use.
4. Information and details
·  4.1 “Your information“ and details shall mean any information provided to Bhoomee, its representatives, affiliates, or other users of the site during registration, posting, listing or reply process of classified information or in the feed- back reply format, through discussion forum and in the course of you availing the service and providing , listing or hosting your information. You agree and confirm that you are competent under law and have the legal ownership rights, title and interest in your information and you shall be solely responsible and accountable for your information. The site acts only as an enabler or platform for your on-line distribution and publication of information.
·  4.2 Bhoomee information : The site contains information and data, in the form of classifieds, advertisements hosted by third parties on the site, listings, analysis of information on the available data provided by panel identified as specialists, persons having professional competencies, information collected and gather from other sources, published in various medium, including electronic medium, discussion forums, opinion polls by users, comments by users, relevant for agricultural community, from framers to traders, the site is exclusively reserved for enabling agricultural activities and trade, hence any other information which are not relevant or which are in the opinion of us does not comply with benefit for the Agri and or food industry community or to the terms of this site, Bhoomee reserves the right of refusal and removal of such data unconditionally.
·  4.2.1 You by registering, using and accessing the site you agree not to copy, modify or distribute such content which are proprietary of Bhoomee’s copyrights or trademarks, by providing your information to Bhoomee, as part of your information, Bhoomee, you provide to us irrevocable, perpetual, non-exclusive, royalty free, unlimited authority, use, licensable, unrestrictive free right, without any monetary fee or consideration, to use, reproduce, publish, translate, distribute, perform, display such content worldwide or in parts, through the site and all our affiliates or partners, website, publications, mobile platforms and all other mediums. You authorise Bhoomee to carry such process and verification of your information. In the event of any violation, you shall notify us on contact@m5infosolutions.com. Bhoomee reserves all right to remove the contents or suspended your access, in the event of any violation of terms and our listing policy or our rights or any third party rights.
5. LISTING, POSTING, AND INFORMATION
·  5.1 You agree that you shall not be fraudulent, mis-represent, mis-lead, in any manner in whatsoever case in providing the information or conducting the services or obtaining the services.
·  5.2 You agree that you shall not sell any illegal, products banned under applicable law, stolen, counterfeited, stolen articles, goods, or provide any services which are opposed to the public policy or under law.
·  5.3 You agree that you are listing of services, your information shall pertain to only items, services or products whatsoever which you are the legal owner and or you have the authority or consent in written manner to list, publish or host information which do not belong to you or you do not have the rightful authority.
·  5.4 You agree that by listing or providing any information to be posted in the site or any act done while by use and accessing you shall not violate, infringe any intellectual property rights, interest or share the trade secret or other proprietary rights or publicity or privacy or any third party rights.
·  5.5 You agree by accessing to this site, your information or material or services is an expression of offer for business which is in compliance, practice in the industry and comply with all the terms of use of this site.
·  5.6 Your information shall not cause any bias or prejudice the interest of third parties, or spread, hatred either on age, gender, religion, caste, class, race, product, lifestyle preferences, nationality, or in the nature of the derogatory, slanderous to any party.
·  5.7 You shall not post or host any obscene, contain pornography, or contain “indecent” information so as to cause any damage to the modesty of any person, or form indecent representation of women within the meaning of indecent representation of women (Prohibition Act of 1986).
·  5.8 You shall not distribute or contain spam or multiple chain letters, or pyramid schemes, network marketing schemes, in any form, or any such mode or model of business or otherwise which is prohibited under law.
·  5.9 You shall not distribute viruses or any other technologies that may harm the site, the interests or property of Bhoomee, users or impose an unreasonable load or cause obstructions to the access of the site in any manner on the infrastructure or interfere with the proper working of Bhoomee or indulge in hacking of site.
·  5.10 You shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any, products, goods and services, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
·  5.10.2 You shall not be represent in yourself in a wrong category or in an incorrect area of the site.
·  5.10.3 You shall not represent in any other area of site except on the site that relates to your location or such location you have subscribed.
·  5.10.4. You shall not list or post or pertain to information that is either prohibited or restricted under the laws of the Republic of India and such listing, posting or information shall not violate Bhoomee Policy
·  5.11 You shall not impersonate any person or entity, including, but not limited to, a Bhoomee employee, or falsely state or otherwise misrepresent an affiliation with a person or entity or deceives or mislead the addressee or users, about the origin of such messages or communicate any information which is grossly offensive or menacing in nature;
·  5.12 You confirm that you have read policies, terms of use and other notifications governing.
·  5.13 You agree that your listing, posting and / or Information, if you use the Site by registering on the Site, you are responsible for maintaining the confidentiality of your User ID, password, email address and for restricting access to your computer, computer system, computer network and your Bhoomee account, and you are responsible for all activities that occur under your User ID and password. If you access the Site using any electronic device other than by registration on the Site, this terms of use is applicable and remains applicable to you in the same manner as if you are a registered user on the Site.
·  5.14 Eligibility for use, all person/s, who are above the age of 18 years, who are competent to enter into contracts and eligible under the Indian Contract Act, are authorised to use and access the site. The site is available e for use only citizens and persons belonging to Re-public of India and such persons who are governed by the Laws of India.   If you are assessing or registering the site, on behalf of or on the usage of legal entity, you declare that you are duly authorised by the owner of the legal entity, under law to act on behalf of the legal entity.
6. Liability
·  6.1 You unconditionally, perpetually, agree not to hold Bhoomee, the site owner/s, its affiliates, officers, agents, employees, distributors, responsible for any act or accountable for any listing, postings or information and nor our officers, employees or agents be liable for any misuse, illegal activity or third party contents postings, including any claim for loss of profits, revenues or data, direct or indirect financial loss, consequential, punitive, damages, liquidated damages, claims, including attorney fees, court fees made by third party due to or arising out of content submitted by the user, users use of the service, violation of the terms of use, breach of conduct, misrepresentation by third parties.
·  6.2 In the event of any legal liability towards any paid contracts, in spite of you having waived all claims on liability on any of our owners, developers, officers, employees, agents, distributors, associates, affiliates, in any event of extraordinary liability is cast on by act of law, you agree that such liability shall not exceed the amount of paid by for the service, being the subject matter of the dispute and you shall not bind other paid services or earlier or future amounts as tag to any claim, in any circumstances. Bhoomee, its affiliates, employees, distributors, agents, officers, shall not be responsible for any reasonably unforeseen losses.
·  6.3 You agree that in event of use of any information for your business, you accept that the business accepts the terms and conditions herein. Your use for business purposes or with business with third parties or any listed service providers, use of classified information posted by other users, you shall not hold Bhoomee, Bhoomee, its affiliates, employees, distributors, agents, officers, from any claim or action arising from or related to the use of the services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgements, litigation, costs and attorney fees.
·  6.4 You agree that you have waived all your rights for damages, claims against Bhoomee, its affiliates, employees, distributors, agents, officers, for any civil liability for any loss or claims, you agree and confirm that you shall use this site and contents, after conducting your due-diligence, industry knowledge, understand and confirm that we at Bhoomee, strive to provide the best information, content and service, however since there is third party participation at various stages, you are advised to verify and satisfy yourself before proceeding to act on any information.
7. Abuse of Bhoomee
By accessing the site you confirm that you shall report any abuse which you may notice, including misleading postings by users, offensive postings, in listings, infringement of intellectual property rights, either by sending the information and notice to the contact@m5infosolutions.com or clicking on the link for reporting the abuse, to enable us to provide efficient service. We reserve all the rights for postings or listings or providing accesses to you or any users, in the event of any abuse or violation of law, terms of service, misuse, violation of private rights or privileged rights, violation of terms of use, infringement of intellectual property, fraud, misrepresentation, we shall without notice suspend the accesses or terminate the service including with-holding of postings, listing or removal of listing including classified or paid listings. Further we shall take all steps and initiate legal action as permissible under law, to prevent the misuse or violation. In the event, you have any problems in accessing this site or your service is suspended you may write to us by email on contact@m5infosolutions.com.
8. Paid Postings & Classifieds/ Advertisements
Bhoomee may charge a fee to post content in some areas of the Service. The fee permits certain content to be posted in a designated commercial classified area of the Website. Each party posting Content to the Service is responsible for said Content and compliance with the Terms of use. Any such fees paid hereunder are non-refundable in the event any Content is removed from the Service for violating these Terms of use. Bhoomee shall reserve the right of period of such paid postings, you agree that paid postings shall be liable to changes, to fit in the display content and the content shall be modified to suit the requirements of the site and for effective use of this site. In the event of any suspension of site for technical defect in the data or suspension of the accesses or service due to any technical snags or errors, technical failures, slow internet connection, general communication errors, Bhoomee or its affiliates, employees, distributors, agents, officers, are not liable for any civil liability or for any loss or claims.
9. AUTHORISED POSTING AGENTS
·  9.1 As used herein, the term Authorised Posting Agent (“APA”) refers to a third-party agent, service, or intermediary, identified, nominated by Bhoomee for collection of payments for paid subscription to the site to enable you to avail paid services on commercial terms, Bhoomee, has provided privileged identity cards, which can be verified by any third parties, by providing the Agent identification number (“AIN”), AIN when used on the specified designated area of the site, you will be able to get all relevant details about the APA’s, including their authorisation, photographs, Address information, telephone and contact details, before making payment to the APA, you shall confirm yourself about the authorisation of the APA and his authority to collect payments. Bhoomee shall not be responsible in any manner, for unauthorised payments to third-parties.
·  9.2 On making payment to subscriptions or services, Bhoomee generates a receipt with your complete data and content online, you agree that you shall without fail collect the receipts for the payments, you shall verify your content on line and you shall be provided immediate service sms to your designated mobile telephone, in the event of non-receipt of sms information within …. Hours online about your subscription you shall immediately contact us at the below number.
·  9.3 You agree that we, including, officers, agents, employees, shall not responsible for any third party or unauthorised payments in any manner. All complaints about after payment non accesses or general complaints shall be entertained within 24 hours of payments and the earlier the reporting of the complaint, we shall strive to redress of your complaint on priority.
·  9.4 Bhoomee prohibits the use of Posting Agents, directly or indirectly, without the express written permission of Bhoomee In addition, Posting Agents are not permitted to post Content on behalf of others, posting agents, shall only upload your information on the designated area, which shall be verified by the Bhoomee team and thereafter you shall have access or information about the site.  We generally upload the data within 24 hours on receipt of payment, in the event you are unable to have access to the site or information or display of classified or postings, you shall call contact us on the below numbers and email us on ……………………………………..
10. INDEMNITY
You agree to defend, indemnify and hold harmless Bhoomee, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys & fees) arising from: (i) your use of and access to the Website and/or the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defence and indemnification obligation will survive termination, modification or expiration of these Terms and your use of the Service and the site.
11. ASSIGNMENT
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Bhoomee without restriction. Any assignment or transfer by you shall be null and void.
12. Governing Law Jurisdiction
These Terms of use, policies, and services shall be governed and construed in accordance with the laws of the Republic of India and the courts at Bangalore shall have exclusive jurisdiction on all matters and disputes arising out of and relating to the Site.