Terms and Conditions Preview

TERMS OF USE

Last updated 10/05/2023

AGREEMENT TO OUR
LEGAL TERMS

We
are Phyfarm ("Company," "we," "us,"
"our").

We
operate , as well as any other related products and services that refer or link
to these legal terms (the "Legal Terms") (collectively, the
"Services").

You
can contact us by email at admin@phyfarm.com.

These
Legal Terms constitute a legally binding agreement made between you, whether
personally or on behalf of an entity ("you"), and Phyfarm,
concerning your access to and use of the Services. You agree that by accessing
the Services, you have read, understood, and agreed to be bound by all of these
Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE
EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE
IMMEDIATELY.

Supplemental
terms and conditions or documents that may be posted on the Services from time
to time are hereby expressly incorporated herein by reference. We reserve the
right, in our sole discretion, to make changes or modifications to these Legal
Terms at any time and for any reason. We will alert you about any changes by
updating the "Last updated" date of these Legal Terms, and you waive
any right to receive specific notice of each such change. It is your
responsibility to periodically review these Legal Terms to stay informed of
updates. You will be subject to, and will be deemed to have been made aware of
and to have accepted, the changes in any revised Legal Terms by your continued
use of the Services after the date such revised Legal Terms are posted.

We recommend that you
print a copy of these Legal Terms for your records.

TABLE OF CONTENTS

1. OUR SERVICES

2. INTELLECTUAL
PROPERTY RIGHTS

3. USER
REPRESENTATIONS

4. PROHIBITED
ACTIVITIES

5. USER GENERATED
CONTRIBUTIONS

6. CONTRIBUTION
LICENSE

7. SERVICES
MANAGEMENT

8. TERM AND
TERMINATION

9. MODIFICATIONS AND
INTERRUPTIONS

10. GOVERNING LAW

11. DISPUTE
RESOLUTION

12. CORRECTIONS

13. DISCLAIMER

14. LIMITATIONS OF
LIABILITY

15. INDEMNIFICATION

16. USER DATA

17. ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

18. MISCELLANEOUS

19. CONTACT US

1. OUR SERVICES

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual
property

We
are the owner or the licensee of all intellectual property rights in our
Services, including all source code, databases, functionality, software,
website designs, audio, video, text, photographs, and graphics in the Services
(collectively, the "Content"), as well as the trademarks, service
marks, and logos contained therein (the "Marks").

Our
Content and Marks are protected by copyright and trademark laws (and various
other intellectual property rights and unfair competition laws) and treaties in
the United States and around the world.

The
Content and Marks are provided in or through the Services "AS IS" for
your personal, non-commercial use or internal business purpose only.

Your use of our
Services

Subject to your compliance with these Legal Terms, including
the "PROHIBITED ACTIVITIES" section below, we grant you a
non-exclusive, non-transferable, revocable license to:

● access the Services; and

● download or print a copy of
any portion of the Content to which you have properly gained access.

solely
for your personal, non-commercial use or internal business purpose.

Except
as set out in this section or elsewhere in our Legal Terms, no part of the
Services and no Content or Marks may be copied, reproduced, aggregated,
republished, uploaded, posted, publicly displayed, encoded, translated,
transmitted, distributed, sold, licensed, or otherwise exploited for any
commercial purpose whatsoever, without our express prior written permission.

If
you wish to make any use of the Services, Content, or Marks other than as set
out in this section or elsewhere in our Legal Terms, please address your
request to: __________. If we ever grant you the permission to post, reproduce,
or publicly display any part of our Services or Content, you must identify us
as the owners or licensors of the Services, Content, or Marks and ensure that
any copyright or proprietary notice appears or is visible on posting,
reproducing, or displaying our Content.

We
reserve all rights not expressly granted to you in and to the Services,
Content, and Marks.

Any
breach of these Intellectual Property Rights will constitute a material breach
of our Legal Terms and your right to use our Services will terminate
immediately.

Your
submissions

Please review this section and the "PROHIBITED
ACTIVITIES" section carefully prior to using our Services to understand
the (a) rights you give us and (b) obligations you have when you post or upload
any content through the Services.

Submissions: By directly sending us any question, comment,
suggestion, idea, feedback, or other information about the Services
("Submissions"), you agree to assign to us all intellectual property
rights in such Submission. You agree that we shall own this Submission and be
entitled to its unrestricted use and dissemination for any lawful purpose,
commercial or otherwise, without acknowledgment or compensation to you.

You are responsible for what you post or upload: By sending us Submissions
through any part of the Services you:

● confirm that you have read
and agree with our "PROHIBITED ACTIVITIES" and will not post, send,
publish, upload, or transmit through the Services any Submission that is
illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive,
discriminatory, threatening to any person or group, sexually explicit, false,
inaccurate, deceitful, or misleading;

● to the extent permissible by
applicable law, waive any and all moral rights to any such Submission;

● warrant that any such
Submission are original to you or that you have the necessary rights and
licenses to submit such Submissions and that you have full authority to grant
us the above-mentioned rights in relation to your Submissions; and

● warrant and represent that
your Submissions do not constitute confidential information.

You are solely
responsible for your Submissions and you expressly agree to reimburse us for
any and all losses that we may suffer because of your breach of (a) this
section, (b) any third party’s intellectual property rights, or (c) applicable
law.

3. USER REPRESENTATIONS

By
using the Services, you represent and warrant that: (1) you have the legal capacity and you agree to comply
with these Legal Terms; (2) you are not a
minor in the jurisdiction in which you reside; (3) you will not access the
Services through automated or non-human means, whether through a bot, script or
otherwise; (4) you will not use the Services for any illegal or unauthorized
purpose; and (5) your use of the Services will not violate any applicable law
or regulation.

If
you provide any information that is untrue, inaccurate, not current, or
incomplete, we have the right to suspend or terminate your account and refuse
any and all current or future use of the Services (or any portion thereof).

4. PROHIBITED ACTIVITIES

As
a user of the Services, you agree not to:

● Systematically
retrieve data or other content from the Services to create or compile, directly
or indirectly, a collection, compilation, database, or directory without
written permission from us.

● Trick,
defraud, or mislead us and other users, especially in any attempt to learn
sensitive account information such as user passwords.

● Circumvent,
disable, or otherwise interfere with security-related features of the Services,
including features that prevent or restrict the use or copying of any Content
or enforce limitations on the use of the Services and/or the Content contained
therein.

● Disparage,
tarnish, or otherwise harm, in our opinion, us and/or the Services.

● Use
any information obtained from the Services in order to harass, abuse, or harm
another person.

● Make
improper use of our support services or submit false reports of abuse or
misconduct.

● Use
the Services in a manner inconsistent with any applicable laws or regulations.

● Engage
in unauthorized framing of or linking to the Services.

● Upload
or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or
other material, including excessive use of capital letters and spamming
(continuous posting of repetitive text), that interferes with any party’s
uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts,
alters, or interferes with the use, features, functions, operation, or
maintenance of the Services.

● Engage
in any automated use of the system, such as using scripts to send comments or
messages, or using any data mining, robots, or similar data gathering and
extraction tools.

● Delete
the copyright or other proprietary rights notice from any Content.

● Attempt
to impersonate another user or person or use the username of another user.

● Upload
or transmit (or attempt to upload or to transmit) any material that acts as a
passive or active information collection or transmission mechanism, including
without limitation, clear graphics interchange formats ("gifs"), 1×1
pixels, web bugs, cookies, or other similar devices (sometimes referred to as
"spyware" or "passive collection mechanisms" or
"pcms").

● Interfere
with, disrupt, or create an undue burden on the Services or the networks or
services connected to the Services.

● Harass,
annoy, intimidate, or threaten any of our employees or agents engaged in
providing any portion of the Services to you.

● Attempt
to bypass any measures of the Services designed to prevent or restrict access
to the Services, or any portion of the Services.

● Copy
or adapt the Services’ software, including but not limited to Flash, PHP, HTML,
JavaScript, or other code.

● Except
as permitted by applicable law, decipher, decompile, disassemble, or reverse
engineer any of the software comprising or in any way making up a part of the
Services.

● Except
as may be the result of standard search engine or Internet browser usage, use,
launch, develop, or distribute any automated system, including without
limitation, any spider, robot, cheat utility, scraper, or offline reader that
accesses the Services, or use or launch any unauthorized script or other
software.

● Use
a buying agent or purchasing agent to make purchases on the Services.

● Make
any unauthorized use of the Services, including collecting usernames and/or
email addresses of users by electronic or other means for the purpose of
sending unsolicited email, or creating user accounts by automated means or
under false pretenses.

● Use
the Services as part of any effort to compete with us or otherwise use the
Services and/or the Content for any revenue-generating endeavor or commercial
enterprise.

5. USER GENERATED
CONTRIBUTIONS

The Services does not offer users to submit or post
content. We may provide you with the opportunity to create, submit, post,
display, transmit, perform, publish, distribute, or broadcast content and
materials to us or on the Services, including but not limited to text,
writings, video, audio, photographs, graphics, comments, suggestions, or
personal information or other material (collectively,
"Contributions"). Contributions may be viewable by other users of the
Services and through third-party websites. When you create or make available
any Contributions, you thereby represent and warrant that:

6. CONTRIBUTION LICENSE

You and Services agree that we may access, store,
process, and use any information and personal data that you provide and your
choices (including settings).

By submitting suggestions or other feedback regarding the
Services, you agree that we can use and share such feedback for any purpose
without compensation to you.

We do not assert any ownership over your Contributions.
You retain full ownership of all of your Contributions and any intellectual
property rights or other proprietary rights associated with your Contributions.
We are not liable for any statements or representations in your Contributions
provided by you in any area on the Services. You are solely responsible for
your Contributions to the Services and you expressly agree to exonerate us from
any and all responsibility and to refrain from any legal action against us
regarding your Contributions.

7. SERVICES MANAGEMENT

We
reserve the right, but not the obligation, to: (1) monitor the Services for
violations of these Legal Terms; (2) take appropriate legal action against
anyone who, in our sole discretion, violates the law or these Legal Terms,
including without limitation, reporting such user to law enforcement
authorities; (3) in our sole discretion and without limitation, refuse,
restrict access to, limit the availability of, or disable (to the extent
technologically feasible) any of your Contributions or any portion thereof; (4)
in our sole discretion and without limitation, notice, or liability, to remove
from the Services or otherwise disable all files and content that are excessive
in size or are in any way burdensome to our systems; and (5) otherwise manage
the Services in a manner designed to protect our rights and property and to
facilitate the proper functioning of the Services.

8. TERM AND TERMINATION

These
Legal Terms shall remain in full force and effect while you use the Services.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT
TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND
USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON
FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY
REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY
APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE
SERVICES OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME,
WITHOUT WARNING, IN OUR SOLE DISCRETION.

If
we terminate or suspend your account for any reason, you are prohibited from
registering and creating a new account under your name, a fake or borrowed
name, or the name of any third party, even if you may be acting on behalf of
the third party. In addition to terminating or suspending your account, we
reserve the right to take appropriate legal action, including without
limitation pursuing civil, criminal, and injunctive redress.

9. MODIFICATIONS AND INTERRUPTIONS

We
cannot guarantee the Services will be available at all times. We may experience
hardware, software, or other problems or need to perform maintenance related to
the Services, resulting in interruptions, delays, or errors. We reserve the
right to change, revise, update, suspend, discontinue, or otherwise modify the
Services at any time or for any reason without notice to you. You agree that we
have no liability whatsoever for any loss, damage, or inconvenience caused by
your inability to access or use the Services during any downtime or
discontinuance of the Services. Nothing in these Legal Terms will be construed
to obligate us to maintain and support the Services or to supply any
corrections, updates, or releases in connection therewith.

10. GOVERNING LAW

These
Legal Terms shall be governed by and defined following the laws of __________.
__________ and yourself irrevocably consent that the courts of __________ shall
have exclusive jurisdiction to resolve any dispute which may arise in
connection with these Legal Terms.

11. DISPUTE RESOLUTION

Informal
Negotiations

To expedite resolution and control the cost of any
dispute, controversy, or claim related to these Legal Terms (each a
"Dispute" and collectively, the "Disputes") brought by
either you or us (individually, a "Party" and collectively, the
"Parties"), the Parties agree to first attempt to negotiate any
Dispute (except those Disputes expressly provided below) informally for at
least __________ days before initiating arbitration. Such informal negotiations
commence upon written notice from one Party to the other Party.

Binding
Arbitration

Any dispute arising
out of or in connection with these Legal Terms, including any question
regarding its existence, validity, or termination, shall be referred to and
finally resolved by the International Commercial Arbitration Court under the
European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according
to the Rules of this ICAC, which, as a result of referring to it, is considered
as the part of this clause. The number of arbitrators shall be __________. The
seat, or legal place, or arbitration shall be __________. The language of the
proceedings shall be __________. The governing law of these Legal Terms shall
be substantive law of __________.

Restrictions

The Parties agree
that any arbitration shall be limited to the Dispute between the Parties
individually. To the full extent permitted by law, (a) no arbitration shall be
joined with any other proceeding; (b) there is no right or authority for any
Dispute to be arbitrated on a class-action basis or to utilize class action
procedures; and (c) there is no right or authority for any Dispute to be
brought in a purported representative capacity on behalf of the general public
or any other persons.

Exceptions to
Informal Negotiations and Arbitration

The Parties agree
that the following Disputes are not subject to the above provisions concerning
informal negotiations binding arbitration: (a) any Disputes seeking to enforce
or protect, or concerning the validity of, any of the intellectual property
rights of a Party; (b) any Dispute related to, or arising from, allegations of
theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for
injunctive relief. If this provision is found to be illegal or unenforceable,
then neither Party will elect to arbitrate any Dispute falling within that
portion of this provision found to be illegal or unenforceable and such Dispute
shall be decided by a court of competent jurisdiction within the courts listed
for jurisdiction above, and the Parties agree to submit to the personal
jurisdiction of that court.

12. CORRECTIONS

13. DISCLAIMER

THE
SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR
USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED
BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE
SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY
OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE
APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR
RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND
MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED
ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION
AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION
OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES,
OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD
PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR
ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT
POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT
WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR
SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY
HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY
BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY
PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE
THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND
EXERCISE CAUTION WHERE APPROPRIATE.

14. LIMITATIONS OF LIABILITY

IN
NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,
SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF
DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO
THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER
AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE
LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US OR . CERTAIN US STATE LAWS AND
INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR
ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY
HAVE ADDITIONAL RIGHTS.

15. INDEMNIFICATION

You
agree to defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand,
including reasonable attorneys’ fees and expenses, made by any third party due
to or arising out of: (1) use of the Services; (2) breach of these Legal Terms;
(3) any breach of your representations and warranties set forth in these Legal
Terms; (4) your violation of the rights of a third party, including but not
limited to intellectual property rights; or (5) any overt harmful act toward
any other user of the Services with whom you connected via the Services.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume
the exclusive defense and control of any matter for which you are required to
indemnify us, and you agree to cooperate, at your expense, with our defense of
such claims. We will use reasonable efforts to notify you of any such claim,
action, or proceeding which is subject to this indemnification upon becoming
aware of it.

16. USER DATA

We
will maintain certain data that you transmit to the Services for the purpose of
managing the performance of the Services, as well as data relating to your use
of the Services. Although we perform regular routine backups of data, you are
solely responsible for all data that you transmit or that relates to any
activity you have undertaken using the Services. You agree that we shall have
no liability to you for any loss or corruption of any such data, and you hereby
waive any right of action against us arising from any such loss or corruption of
such data.

17. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND
SIGNATURES

Visiting
the Services, sending us emails, and completing online forms constitute
electronic communications. You consent to receive electronic communications,
and you agree that all agreements, notices, disclosures, and other
communications we provide to you electronically, via email and on the Services,
satisfy any legal requirement that such communication be in writing. YOU HEREBY
AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER
RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF
TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive
any rights or requirements under any statutes, regulations, rules, ordinances,
or other laws in any jurisdiction which require an original signature or
delivery or retention of non-electronic records, or to payments or the granting
of credits by any means other than electronic means.

18. MISCELLANEOUS

These
Legal Terms and any policies or operating rules posted by us on the Services or
in respect to the Services constitute the entire agreement and understanding
between you and us. Our failure to exercise or enforce any right or provision
of these Legal Terms shall not operate as a waiver of such right or provision.
These Legal Terms operate to the fullest extent permissible by law. We may
assign any or all of our rights and obligations to others at any time. We shall
not be responsible or liable for any loss, damage, delay, or failure to act
caused by any cause beyond our reasonable control. If any provision or part of
a provision of these Legal Terms is determined to be unlawful, void, or
unenforceable, that provision or part of the provision is deemed severable from
these Legal Terms and does not affect the validity and enforceability of any
remaining provisions. There is no joint venture, partnership, employment or
agency relationship created between you and us as a result of these Legal Terms
or use of the Services. You agree that these Legal Terms will not be construed
against us by virtue of having drafted them. You hereby waive any and all
defenses you may have based on the electronic form of these Legal Terms and the
lack of signing by the parties hereto to execute these Legal Terms.

19. CONTACT US

In
order to resolve a complaint regarding the Services or to receive further
information regarding use of the Services, please contact us at:

__________

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2 After this has content for privacypolicy.html

TERMS
AND CONDITIONS

Last
updated May 01, 2023

AGREEMENT
TO OUR LEGAL TERMS

We
are Physiz Agtech Pvt Ltd, doing business as PhyFarm, a company registered in
India at 102 thinQbate, Marwah House, KrishanLal Marwah Marg, Mumbai,
Maharashtra 400072.

Our
VAT number is 27AAJCP2410M1ZB. We operate the website https://phyfarm.com (the
‘Site’), the mobile application PhyFarm (the ‘App’), as well as any other
related products and services that refer or link to these legal terms (the
‘Legal Terms’) (collectively, the ‘Services’). Automation, Sensing and Data
platform for Agriculture.

You
can contact us by phone at 9321010745, email at admin{at}phyfarm{dot}com , or
by mail to 102 thinQbate, Marwah House, KrishanLal Marwah Marg, Mumbai,
Maharashtra 400072, India. These Legal Terms constitute a legally binding
agreement made between you, whether personally or on behalf of an entity
(‘you’), and Physiz Agtech Pvt Ltd, concerning your access to and use of the
Services. You agree that by accessing the Services, you have read, understood,
and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH
ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE
SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.We will provide you with
prior notice of any scheduled changes to the Services you are using. The
modified Legal Terms will become effective upon posting or notifying you by
admin{at}phyfarm{dot}com , as stated in the email message. By continuing to use
the Services after the effective date of any changes, you agree to be bound by
the modified terms.The Services are intended for users who are at least 13
years of age. All users who are minors in the jurisdiction in which they reside
(generally under the age of 18) must have the permission of, and be directly
supervised by, their parent or guardian to use the Services. If you are a
minor, you must have your parent or guardian read and agree to these Legal
Terms prior to you using the Services. We recommend that you print a copy of
these Legal Terms for your records.

TABLE
OF CONTENTS

1.
OUR SERVICES

2.
INTELLECTUAL PROPERTY RIGHTS

3.
USER REPRESENTATIONS

4.
USER REGISTRATION

5.
PURCHASES AND PAYMENT

6.
CANCELLATION

7.
PROHIBITED ACTIVITIES

8.
USER GENERATED CONTRIBUTIONS

9.
CONTRIBUTION LICENCE

10.
MOBILE APPLICATION LICENCE

11.
THIRD-PARTY WEBSITES AND CONTENT

12.
SERVICES MANAGEMENT

13.
PRIVACY POLICY

14.
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY

15.
TERM AND TERMINATION

16.
MODIFICATIONS AND INTERRUPTIONS

17.
GOVERNING LAW

18.
DISPUTE RESOLUTION

19.
CORRECTIONS

20.
DISCLAIMER

21.
LIMITATIONS OF LIABILITY

22.
INDEMNIFICATION

23.
USER DATA

24.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

25.
CALIFORNIA USERS AND RESIDENTS

26.
MISCELLANEOUS

27.
CUSTOM CLAUSE 1 (Add any additional clause if needed)

28.
CONTACT US

1.
OUR SERVICES

The
information provided when using the Services is not intended for distribution
to or use by any person or entity in any jurisdiction or country where such
distribution or use would be contrary to law or regulation or which would
subject us to any registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access the Services from other
locations do so on their own initiative and are solely responsible for
compliance with local laws, if and to the extent local laws are applicable.The
Services are not tailored to comply with industry-specific regulations (Health
Insurance Portability and Accountability Act (HIPAA), Federal Information
Security Management Act (FISMA), etc.), so if your interactions would be subjected
to such laws, you may not use the Services. You may not use the Services in a
way that would violate the Gramm-Leach-Bliley Act (GLBA).2. INTELLECTUAL
PROPERTY RIGHTSOur intellectual propertyWe are the owner or the licensee of all
intellectual property rights in our Services, including all source code,
databases, functionality, software, website designs, audio, video, text,
photographs, and graphics in the Services (collectively, the ‘Content’), as
well as the trademarks, service marks, and logos contained therein (the
‘Marks’).Our Content and Marks are protected by copyright and trademark laws
(and various other intellectual property rights and unfair competition laws)
and treaties in the United States and around the world.The Content and Marks
are provided in or through the Services ‘AS IS’ for your personal,
non-commercial use or internal business purpose only.Your use of our
ServicesSubject to your compliance with these Legal Terms, including the
‘PROHIBITED ACTIVITIES’ section below, we grant you a non-exclusive,
non-transferable, revocable licence to:access the Services;

and
download or print a copy of any portion of the Content to which you have
properly gained access. Solely for your personal, non-commercial use or
internal business purpose. Except as set out in this section or elsewhere in
our Legal Terms, no part of the Services and no Content or Marks may be copied,
reproduced, aggregated, republished, uploaded, posted, publicly displayed,
encoded, translated, transmitted, distributed, sold, licensed, or otherwise
exploited for any commercial purpose whatsoever, without our express prior
written permission. If you wish to make any use of the Services, Content, or
Marks other than as set out in this section or elsewhere in our Legal Terms,
please address your request to: admin{at}phyfarm{dot}com . If we ever grant you
the permission to post, reproduce, or publicly display any part of our Services
or Content, you must identify us as the owners or licensors of the Services,
Content, or Marks and ensure that any copyright or proprietary notice appears
or is visible on posting, reproducing, or displaying our Content. We reserve
all rights not expressly granted to you in and to the Services, Content, and
Marks.Any breach of these Intellectual Property Rights will constitute a
material breach of our Legal Terms and your right to use our Services will
terminate immediately. Your submissions and contributions Please review this
section and the ‘PROHIBITED ACTIVITIES’ section carefully prior to using our
Services to understand the (a) rights you give us and (b) obligations you have
when you post or upload any content through the Services.Submissions: By
directly sending us any question, comment, suggestion, idea, feedback, or other
information about the Services (‘Submissions’), you agree to assign to us all
intellectual property rights in such Submission. You agree that we shall own
this Submission and be entitled to its unrestricted use and dissemination for
any lawful purpose, commercial or otherwise, without acknowledgment or
compensation to you.Contributions: The Services may invite you to chat,
contribute to, or participate in blogs, message boards, online forums, and
other functionality during which you may create, submit, post, display,
transmit, publish, distribute, or broadcast content and materials to us or
through the Services, including but not limited to text, writings, video,
audio, photographs, music, graphics, comments, reviews, rating suggestions,
personal information, or other material (‘Contributions’). Any Submission that
is publicly posted shall also be treated as a Contribution.You understand that
Contributions may be viewable by other users of the Services and possibly
through third-party websites.When you post Contributions, you grant us a licence
(including use of your name, trademarks, and logos): By posting any
Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual,
non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and
licence to: use, copy, reproduce, distribute, sell, resell, publish, broadcast,
retitle, store, publicly perform, publicly display, reformat, translate,
excerpt (in whole or in part), and exploit your Contributions (including,
without limitation, your image, name, and voice) for any purpose, commercial,
advertising, or otherwise, to prepare derivative works of, or incorporate into
other works, your Contributions, and to sublicence the licences granted in this
section. Our use and distribution may occur in any media formats and through
any media channels.This licence includes our use of your name, company name,
and franchise name, as applicable, and any of the trademarks, service marks,
trade names, logos, and personal and commercial images you provide.You are
responsible for what you post or upload: By sending us Submissions and/or
posting Contributions through any part of the Services or making Contributions
accessible through the Services by linking your account through the Services to
any of your social networking accounts, you:confirm that you have read and
agree with our ‘PROHIBITED ACTIVITIES’ and will not post, send, publish,
upload, or transmit through the Services any Submission nor post any
Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene,
bullying, abusive, discriminatory, threatening to any person or group, sexually
explicit, false, inaccurate, deceitful, or misleading;

to
the extent permissible by applicable law, waive any and all moral rights to any
such Submission and/or Contribution;

warrant
that any such Submission and/or Contributions are original to you or that you
have the necessary rights and licences to submit such Submissions and/or
Contributions and that you have full authority to grant us the above-mentioned
rights in relation to your Submissions and/or Contributions;

andwarrant
and represent that your Submissions and/or Contributions do not constitute
confidential information.You are solely responsible for your Submissions and/or
Contributions and you expressly agree to reimburse us for any and all losses
that we may suffer because of your breach of (a) this section, (b) any third
party’s intellectual property rights, or (c) applicable law.We may remove or
edit your Content: Although we have no obligation to monitor any Contributions,
we shall have the right to remove or edit any Contributions at any time without
notice if in our reasonable opinion we consider such Contributions harmful or
in breach of these Legal Terms. If we remove or edit any such Contributions, we
may also suspend or disable your account and report you to the
authorities.Copyright infringementWe respect the intellectual property rights
of others. If you believe that any material available on or through the
Services infringes upon any copyright you own or control, please immediately
refer to the ‘DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY’
section below.

3.
USER REPRESENTATIONS

By
using the Services, you represent and warrant that:

(1)
all registration information you submit will be true, accurate, current, and
complete;

(2)
you will maintain the accuracy of such information and promptly update such
registration information as necessary;

(3)
you have the legal capacity and you agree to comply with these Legal Terms;

(4)
you are not under the age of 13;

(5)
you are not a minor in the jurisdiction in which you reside, or if a minor, you
have received parental permission to use the Services;

(6)
you will not access the Services through automated or non-human means, whether
through a bot, script or otherwise;

(7)
you will not use the Services for any illegal or unauthorised purpose;

and

(8)
your use of the Services will not violate any applicable law or regulation.If
you provide any information that is untrue, inaccurate, not current, or
incomplete, we have the right to suspend or terminate your account and refuse
any and all current or future use of the Services (or any portion thereof).

4.
USER REGISTRATION

You
may be required to register to use the Services. You agree to keep your
password confidential and will be responsible for all use of your account and
password. We reserve the right to remove, reclaim, or change a username you
select if we determine, in our sole discretion, that such username is
inappropriate, obscene, or otherwise objectionable.

5.
PURCHASES AND PAYMENT

We
accept the following forms of payment:- Visa- Mastercard- American Express-
PayPal You agree to provide current, complete, and accurate purchase and
account information for all purchases made via the Services. You further agree
to promptly update account and payment information, including email address,
payment method, and payment card expiration date, so that we can complete your
transactions and contact you as needed. Sales tax will be added to the price of
purchases as deemed required by us. We may change prices at any time. All
payments shall be in INR, USD.You agree to pay all charges at the prices then
in effect for your purchases and any applicable shipping fees, and you
authorise us to charge your chosen payment provider for any such amounts upon
placing your order. If your order is subject to recurring charges, then you
consent to our charging your payment method on a recurring basis without requiring
your prior approval for each recurring charge, until such time as you cancel
the applicable order. We reserve the right to correct any errors or mistakes in
pricing, even if we have already requested or received payment.We reserve the
right to refuse any order placed through the Services. We may, in our sole
discretion, limit or cancel quantities purchased per person, per household, or
per order. These restrictions may include orders placed by or under the same
customer account, the same payment method, and/or orders that use the same
billing or shipping address. We reserve the right to limit or prohibit orders
that, in our sole judgement, appear to be placed by dealers, resellers, or
distributors.

6.
CANCELLATION

All
purchases are non-refundable. You can cancel your subscription at any time by
contacting us using the contact information provided below. Your cancellation
will take effect at the end of the current paid term.If you are unsatisfied
with our Services, please email us at admin{at}phyfarm{dot}com or call us at
9321010745.

7.
PROHIBITED ACTIVITIES

You
may not access or use the Services for any purpose other than that for which we
make the Services available. The Services may not be used in connection with
any commercial endeavours except those that are specifically endorsed or
approved by us.As a user of the Services, you agree not to:Systematically
retrieve data or other content from the Services to create or compile, directly
or indirectly, a collection, compilation, database, or directory without
written permission from us.Trick, defraud, or mislead us and other users,
especially in any attempt to learn sensitive account information such as user
passwords.Circumvent, disable, or otherwise interfere with security-related
features of the Services, including features that prevent or restrict the use
or copying of any Content or enforce limitations on the use of the Services
and/or the Content contained therein.Disparage, tarnish, or otherwise harm, in
our opinion, us and/or the Services.Use any information obtained from the
Services in order to harass, abuse, or harm another person.Make improper use of
our support services or submit false reports of abuse or misconduct.Use the
Services in a manner inconsistent with any applicable laws or
regulations.Engage in unauthorised framing of or linking to the Services.Upload
or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or
other material, including excessive use of capital letters and spamming
(continuous posting of repetitive text), that interferes with any party’s
uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts,
alters, or interferes with the use, features, functions, operation, or
maintenance of the Services.Engage in any automated use of the system, such as
using scripts to send comments or messages, or using any data mining, robots,
or similar data gathering and extraction tools.Delete the copyright or other
proprietary rights notice from any Content.Attempt to impersonate another user
or person or use the username of another user.Upload or transmit (or attempt to
upload or to transmit) any material that acts as a passive or active
information collection or transmission mechanism, including without limitation,
clear graphics interchange formats (‘gifs’), 1×1 pixels, web bugs, cookies, or
other similar devices (sometimes referred to as ‘spyware’ or ‘passive
collection mechanisms’ or ‘pcms’).Interfere with, disrupt, or create an undue
burden on the Services or the networks or services connected to the
Services.Harass, annoy, intimidate, or threaten any of our employees or agents
engaged in providing any portion of the Services to you.Attempt to bypass any
measures of the Services designed to prevent or restrict access to the
Services, or any portion of the Services.Copy or adapt the Services’ software,
including but not limited to Flash, PHP, HTML, JavaScript, or other code.Except
as permitted by applicable law, decipher, decompile, disassemble, or reverse
engineer any of the software comprising or in any way making up a part of the
Services.Except as may be the result of standard search engine or Internet
browser usage, use, launch, develop, or distribute any automated system,
including without limitation, any spider, robot, cheat utility, scraper, or
offline reader that accesses the Services, or use or launch any unauthorised
script or other software.Use a buying agent or purchasing agent to make
purchases on the Services.Make any unauthorised use of the Services, including
collecting usernames and/or email addresses of users by electronic or other
means for the purpose of sending unsolicited email, or creating user accounts
by automated means or under false pretences.Use the Services as part of any
effort to compete with us or otherwise use the Services and/or the Content for
any revenue-generating endeavour or commercial enterprise.Use the Services to
advertise or offer to sell goods and services.Sell or otherwise transfer your
profile.

8.
USER GENERATED CONTRIBUTIONS

The
Services may invite you to chat, contribute to, or participate in blogs,
message boards, online forums, and other functionality, and may provide you
with the opportunity to create, submit, post, display, transmit, perform,
publish, distribute, or broadcast content and materials to us or on the
Services, including but not limited to text, writings, video, audio,
photographs, graphics, comments, suggestions, or personal information or other
material (collectively, ‘Contributions’). Contributions may be viewable by
other users of the Services and through third-party websites. As such, any
Contributions you transmit may be treated as non-confidential and
non-proprietary. When you create or make available any Contributions, you
thereby represent and warrant that:The creation, distribution, transmission,
public display, or performance, and the accessing, downloading, or copying of
your Contributions do not and will not infringe the proprietary rights,
including but not limited to the copyright, patent, trademark, trade secret, or
moral rights of any third party.You are the creator and owner of or have the
necessary licences, rights, consents, releases, and permissions to use and to
authorise us, the Services, and other users of the Services to use your Contributions
in any manner contemplated by the Services and these Legal Terms.You have the
written consent, release, and/or permission of each and every identifiable
individual person in your Contributions to use the name or likeness of each and
every such identifiable individual person to enable inclusion and use of your
Contributions in any manner contemplated by the Services and these Legal
Terms.Your Contributions are not false, inaccurate, or misleading.Your
Contributions are not unsolicited or unauthorised advertising, promotional
materials, pyramid schemes, chain letters, spam, mass mailings, or other forms
of solicitation.Your Contributions are not obscene, lewd, lascivious, filthy,
violent, harassing, libellous, slanderous, or otherwise objectionable (as determined
by us).Your Contributions do not ridicule, mock, disparage, intimidate, or
abuse anyone.Your Contributions are not used to harass or threaten (in the
legal sense of those terms) any other person and to promote violence against a
specific person or class of people.Your Contributions do not violate any
applicable law, regulation, or rule.Your Contributions do not violate the
privacy or publicity rights of any third party.Your Contributions do not
violate any applicable law concerning child pornography, or otherwise intended
to protect the health or well-being of minors.Your Contributions do not include
any offensive comments that are connected to race, national origin, gender,
sexual preference, or physical handicap.Your Contributions do not otherwise
violate, or link to material that violates, any provision of these Legal Terms,
or any applicable law or regulation.Any use of the Services in violation of the
foregoing violates these Legal Terms and may result in, among other things,
termination or suspension of your rights to use the Services.

9.
CONTRIBUTION LICENCE

By
posting your Contributions to any part of the Services, you automatically
grant, and you represent and warrant that you have the right to grant, to us an
unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable,
royalty-free, fully-paid, worldwide right, and licence to host, use, copy,
reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store,
cache, publicly perform, publicly display, reformat, translate, transmit,
excerpt (in whole or in part), and distribute such Contributions (including,
without limitation, your image and voice) for any purpose, commercial,
advertising, or otherwise, and to prepare derivative works of, or incorporate
into other works, such Contributions, and grant and authorise sublicences of
the foregoing. The use and distribution may occur in any media formats and
through any media channels.This licence will apply to any form, media, or
technology now known or hereafter developed, and includes our use of your name,
company name, and franchise name, as applicable, and any of the trademarks,
service marks, trade names, logos, and personal and commercial images you
provide. You waive all moral rights in your Contributions, and you warrant that
moral rights have not otherwise been asserted in your Contributions.We do not
assert any ownership over your Contributions. You retain full ownership of all
of your Contributions and any intellectual property rights or other proprietary
rights associated with your Contributions. We are not liable for any statements
or representations in your Contributions provided by you in any area on the
Services. You are solely responsible for your Contributions to the Services and
you expressly agree to exonerate us from any and all responsibility and to
refrain from any legal action against us regarding your Contributions.We have
the right, in our sole and absolute discretion,

(1)
to edit, redact, or otherwise change any Contributions;

(2)
to re-categorise any Contributions to place them in more appropriate locations
on the Services;

and

(3)
to pre-screen or delete any Contributions at any time and for any reason,
without notice. We have no obligation to monitor your Contributions.10. MOBILE
APPLICATION LICENCEUse LicenceIf you access the Services via the App, then we
grant you a revocable, non-exclusive, non-transferable, limited right to
install and use the App on wireless electronic devices owned or controlled by
you, and to access and use the App on such devices strictly in accordance with
the terms and conditions of this mobile application licence contained in these
Legal Terms. You shall not:

(1)
except as permitted by applicable law, decompile, reverse engineer,
disassemble, attempt to derive the source code of, or decrypt the App;

(2)
make any modification, adaptation, improvement, enhancement, translation, or
derivative work from the App;

(3)
violate any applicable laws, rules, or regulations in connection with your
access or use of the App;

(4)
remove, alter, or obscure any proprietary notice (including any notice of
copyright or trademark) posted by us or the licensors of the App;

(5)
use the App for any revenue-generating endeavour, commercial enterprise, or
other purpose for which it is not designed or intended;

(6)
make the App available over a network or other environment permitting access or
use by multiple devices or users at the same time;

(7)
use the App for creating a product, service, or software that is, directly or
indirectly, competitive with or in any way a substitute for the App;

(8)
use the App to send automated queries to any website or to send any unsolicited
commercial email;

(9)
use any proprietary information or any of our interfaces or our other
intellectual property in the design, development, manufacture, licensing, or
distribution of any applications, accessories, or devices for use with the
App.Apple and Android DevicesThe following terms apply when you use the App
obtained from either the Apple Store or Google Play (each an ‘App Distributor’)
to access the Services:

(1)
the licence granted to you for our App is limited to a non-transferable licence
to use the application on a device that utilises the Apple iOS or Android
operating systems, as applicable, and in accordance with the usage rules set
forth in the applicable App Distributor’s terms of service;

(2)
we are responsible for providing any maintenance and support services with
respect to the App as specified in the terms and conditions of this mobile
application licence contained in these Legal Terms or as otherwise required
under applicable law, and you acknowledge that each App Distributor has no
obligation whatsoever to furnish any maintenance and support services with
respect to the App;

(3)
in the event of any failure of the App to conform to any applicable warranty,
you may notify the applicable App Distributor, and the App Distributor, in
accordance with its terms and policies, may refund the purchase price, if any,
paid for the App, and to the maximum extent permitted by applicable law, the
App Distributor will have no other warranty obligation whatsoever with respect
to the App;

(4)
you represent and warrant that (i) you are not located in a country that is
subject to a US government embargo, or that has been designated by the US
government as a ‘terrorist supporting’ country and (ii) you are not listed on
any US government list of prohibited or restricted parties;

(5)
you must comply with applicable third-party terms of agreement when using the
App, e.g. if you have a VoIP application, then you must not be in violation of
their wireless data service agreement when using the App;

and

(6)
you acknowledge and agree that the App Distributors are third-party
beneficiaries of the terms and conditions in this mobile application license
contained in these Legal Terms, and that each App Distributor will have the
right (and will be deemed to have accepted the right) to enforce the terms and
conditions in this mobile application license contained in these Legal Terms
against you as a third-party beneficiary thereof.11. THIRD-PARTY WEBSITES AND
CONTENT The Services may contain (or you may be sent via the Site or App) links
to other websites (‘Third-Party Websites’) as well as articles, photographs,
text, graphics, pictures, designs, music, sound, video, information,
applications, software, and other content or items belonging to or originating
from third parties (‘Third-Party Content’). Such Third-Party Websites and
Third-Party Content are not investigated, monitored, or checked for accuracy,
appropriateness, or completeness by us, and we are not responsible for any
Third-Party Websites accessed through the Services or any Third-Party Content
posted on, available through, or installed from the Services, including the
content, accuracy, offensiveness, opinions, reliability, privacy practices, or
other policies of or contained in the Third-Party Websites or the Third-Party
Content. Inclusion of, linking to, or permitting the use or installation of any
Third-Party Websites or any Third-Party Content does not imply approval or
endorsement thereof by us. If you decide to leave the Services and access the Third-Party
Websites or to use or install any Third-Party Content, you do so at your own
risk, and you should be aware these Legal Terms no longer govern. You should
review the applicable terms and policies, including privacy and data gathering
practices, of any website to which you navigate from the Services or relating
to any applications you use or install from the Services. Any purchases you
make through Third-Party Websites will be through other websites and from other
companies, and we take no responsibility whatsoever in relation to such
purchases which are exclusively between you and the applicable third party. You
agree and acknowledge that we do not endorse the products or services offered
on Third-Party Websites and you shall hold us blameless from any harm caused by
your purchase of such products or services. Additionally, you shall hold us
blameless from any losses sustained by you or harm caused to you relating to or
resulting in any way from any Third-Party Content or any contact with Third-Party
Websites.

12.
SERVICES MANAGEMENT

We
reserve the right, but not the obligation, to:

(1)
monitor the Services for violations of these Legal Terms;

(2)
take appropriate legal action against anyone who, in our sole discretion,
violates the law or these Legal Terms, including without limitation, reporting
such user to law enforcement authorities;

(3)
in our sole discretion and without limitation, refuse, restrict access to,
limit the availability of, or disable (to the extent technologically feasible) any
of your Contributions or any portion thereof;

(4)
in our sole discretion and without limitation, notice, or liability, to remove
from the Services or otherwise disable all files and content that are excessive
in size or are in any way burdensome to our systems;

and

(5)
otherwise manage the Services in a manner designed to protect our rights and
property and to facilitate the proper functioning of the Services.

13.
PRIVACY POLICY

We
care about data privacy and security. By using the Services, you agree to be
bound by our Privacy Policy posted on the Services, which is incorporated into
these Legal Terms. Please be advised the Services are hosted in Multiple Data
Centres across APAC. If you access the Services from any other region of the
world with laws or other requirements governing personal data collection, use,
or disclosure that differ from applicable laws in India, then through your
continued use of the Services, you are transferring your data to APAC, and you
expressly consent to have your data transferred to and processed in APAC.
Further, we do not knowingly accept, request, or solicit information from
children or knowingly market to children. Therefore, in accordance with the
U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge
that anyone under the age of 13 has provided personal information to us without
the requisite and verifiable parental consent, we will delete that information
from the Services as quickly as is reasonably practical.

14.
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY

NotificationsWe
respect the intellectual property rights of others. If you believe that any
material available on or through the Services infringes upon any copyright you
own or control, please immediately notify our Designated Copyright Agent using
the contact information provided below (a ‘Notification’). A copy of your
Notification will be sent to the person who posted or stored the material
addressed in the Notification. Please be advised that pursuant to federal law
you may be held liable for damages if you make material misrepresentations in a
Notification. Thus, if you are not sure that material located on or linked to
by the Services infringes your copyright, you should consider first contacting
an attorney.All Notifications should meet the requirements of DMCA 17 U.S.C. §
512(c)(3) and include the following information:

(1)
A physical or electronic signature of a person authorised to act on behalf of
the owner of an exclusive right that is allegedly infringed;

(2)
identification of the copyrighted work claimed to have been infringed, or, if
multiple copyrighted works on the Services are covered by the Notification, a
representative list of such works on the Services;

(3)
identification of the material that is claimed to be infringing or to be the
subject of infringing activity and that is to be removed or access to which is
to be disabled, and information reasonably sufficient to permit us to locate
the material;

(4)
information reasonably sufficient to permit us to contact the complaining
party, such as an address, telephone number, and, if available, an email
address at which the complaining party may be contacted;

(5)
a statement that the complaining party has a good faith belief that use of the
material in the manner complained of is not authorised by the copyright owner,
its agent, or the law;

and

(6)
a statement that the information in the notification is accurate, and under
penalty of perjury, that the complaining party is authorised to act on behalf of
the owner of an exclusive right that is allegedly infringed upon.Counter
NotificationIf you believe your own copyrighted material has been removed from
the Services as a result of a mistake or misidentification, you may submit a
written counter notification to [us/our Designated Copyright Agent] using the
contact information provided below (a ‘Counter Notification’).

To
be an effective Counter Notification under the DMCA, your Counter Notification
must include substantially the following: (1) identification of the material
that has been removed or disabled and the location at which the material
appeared before it was removed or disabled;

(2)
a statement that you consent to the jurisdiction of the Federal District Court
in which your address is located, or if your address is outside the United
States, for any judicial district in which we are located;

(3)
a statement that you will accept service of process from the party that filed
the Notification or the party’s agent;

(4)
your name, address, and telephone number;

(5)
a statement under penalty of perjury that you have a good faith belief that the
material in question was removed or disabled as a result of a mistake or
misidentification of the material to be removed or disabled;

and

(6)
your physical or electronic signature.If you send us a valid, written Counter
Notification meeting the requirements described above, we will restore your
removed or disabled material, unless we first receive notice from the party
filing the Notification informing us that such party has filed a court action
to restrain you from engaging in infringing activity related to the material in
question. Please note that if you materially misrepresent that the disabled or
removed content was removed by mistake or misidentification, you may be liable
for damages, including costs and attorney’s fees. Filing a false Counter
Notification constitutes perjury.Designated Copyright Agent Ip Spectra Attn:
Copyright Agent Pusa Campus Delhi, Delhi 11001
Indiaipspectra{at}pusakrishi{dot}in

15.
TERM AND TERMINATIONT

hese
Legal Terms shall remain in full force and effect while you use the Services.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT
TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND
USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON
FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY
REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY
APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE
SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED
AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.If we terminate or suspend
your account for any reason, you are prohibited from registering and creating a
new account under your name, a fake or borrowed name, or the name of any third
party, even if you may be acting on behalf of the third party. In addition to
terminating or suspending your account, we reserve the right to take
appropriate legal action, including without limitation pursuing civil,
criminal, and injunctive redress.

16.
MODIFICATIONS AND INTERRUPTIONS

We
reserve the right to change, modify, or remove the contents of the Services at
any time or for any reason at our sole discretion without notice. However, we
have no obligation to update any information on our Services. We will not be
liable to you or any third party for any modification, price change,
suspension, or discontinuance of the Services.We cannot guarantee the Services
will be available at all times. We may experience hardware, software, or other
problems or need to perform maintenance related to the Services, resulting in
interruptions, delays, or errors. We reserve the right to change, revise,
update, suspend, discontinue, or otherwise modify the Services at any time or
for any reason without notice to you. You agree that we have no liability
whatsoever for any loss, damage, or inconvenience caused by your inability to
access or use the Services during any downtime or discontinuance of the
Services. Nothing in these Legal Terms will be construed to obligate us to
maintain and support the Services or to supply any corrections, updates, or
releases in connection therewith.

17.
GOVERNING LAW

These
Legal Terms shall be governed by and defined following the laws of India.
Physiz Agtech Pvt Ltd and yourself irrevocably consent that the courts of India
shall have exclusive jurisdiction to resolve any dispute which may arise in
connection with these Legal Terms.

18.
DISPUTE RESOLUTION

Informal
NegotiationsTo expedite resolution and control the cost of any dispute,
controversy, or claim related to these Legal Terms (each a ‘Dispute’ and
collectively, the ‘Disputes’) brought by either you or us (individually, a
‘Party’ and collectively, the ‘Parties’), the Parties agree to first attempt to
negotiate any Dispute (except those Disputes expressly provided below)
informally for at least one hundred (100) days before initiating arbitration.
Such informal negotiations commence upon written notice from one Party to the
other Party.Binding ArbitrationAny dispute arising out of or in connection with
these Legal Terms, including any question regarding its existence, validity, or
termination, shall be referred to and finally resolved by the International
Commercial Arbitration Court under the European Arbitration Chamber (Belgium,
Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which, as a
result of referring to it, is considered as the part of this clause. The number
of arbitrators shall be two (2). The seat, or legal place, or arbitration shall
be Mumbai, India. The language of the proceedings shall be English. The
governing law of these Legal Terms shall be substantive law of
India.RestrictionsThe Parties agree that any arbitration shall be limited to
the Dispute between the Parties individually. To the full extent permitted by
law, (a) no arbitration shall be joined with any other proceeding;

(b)
there is no right or authority for any Dispute to be arbitrated on a
class-action basis or to utilise class action procedures;

and
(c) there is no right or authority for any Dispute to be brought in a purported
representative capacity on behalf of the general public or any other
persons.Exceptions to Informal Negotiations and ArbitrationThe Parties agree
that the following Disputes are not subject to the above provisions concerning
informal negotiations binding arbitration: (a) any Disputes seeking to enforce
or protect, or concerning the validity of, any of the intellectual property
rights of a Party;

(b)
any Dispute related to, or arising from, allegations of theft, piracy, invasion
of privacy, or unauthorised use;

and
(c) any claim for injunctive relief. If this provision is found to be illegal
or unenforceable, then neither Party will elect to arbitrate any Dispute
falling within that portion of this provision found to be illegal or
unenforceable and such Dispute shall be decided by a court of competent
jurisdiction within the courts listed for jurisdiction above, and the Parties
agree to submit to the personal jurisdiction of that court.

19.
CORRECTIONS

There
may be information on the Services that contains typographical errors,
inaccuracies, or omissions, including descriptions, pricing, availability, and
various other information. We reserve the right to correct any errors,
inaccuracies, or omissions and to change or update the information on the
Services at any time, without prior notice.20. DISCLAIMERTHE SERVICES ARE
PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE
SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES
AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE
MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE
SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED
TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1)
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY
OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND
USE OF THE SERVICES, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE
SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION
STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM
THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY
ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF
ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR
OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY
WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND
WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY
TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY
ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE
APPROPRIATE.

21.
LIMITATIONS OF LIABILITY

IN
NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,
SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF
DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO
THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER
AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE
AMOUNT PAID, IF ANY, BY YOU TO US DURING THE one (1) mONTH PERIOD PRIOR TO ANY
CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT
ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF
CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE
DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL
RIGHTS.

22.
INDEMNIFICATION

(2)
use of the Services;

(3)
breach of these Legal Terms;

(4)
any breach of your representations and warranties set forth in these Legal
Terms;

(5)
your violation of the rights of a third party, including but not limited to
intellectual property rights;

(6)
any overt harmful act toward any other user of the Services with whom you
connected via the Services. Notwithstanding the foregoing, we reserve the
right, at your expense, to assume the exclusive defence and control of any
matter for which you are required to indemnify us, and you agree to cooperate,
at your expense, with our defence of such claims. We will use reasonable
efforts to notify you of any such claim, action, or proceeding which is subject
to this indemnification upon becoming aware of it.

23.
USER DATA

24.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting
the Services, sending us emails, and completing online forms constitute
electronic communications. You consent to receive electronic communications,
and you agree that all agreements, notices, disclosures, and other
communications we provide to you electronically, via email and on the Services,
satisfy any legal requirement that such communication be in writing. YOU HEREBY
AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER
RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF
TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive
any rights or requirements under any statutes, regulations, rules, ordinances, or
other laws in any jurisdiction which require an original signature or delivery
or retention of non-electronic records, or to payments or the granting of
credits by any means other than electronic means.

25.
CALIFORNIA USERS AND RESIDENTS

If
any complaint with us is not satisfactorily resolved, you can contact the
Complaint Assistance Unit of the Division of Consumer Services of the
California Department of Consumer Affairs in writing at 1625 North Market
Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800)
952-5210 or (916) 445-1254.26. MISCELLANEOUSThese Legal Terms and any policies
or operating rules posted by us on the Services or in respect to the Services
constitute the entire agreement and understanding between you and us. Our
failure to exercise or enforce any right or provision of these Legal Terms
shall not operate as a waiver of such right or provision. These Legal Terms
operate to the fullest extent permissible by law. We may assign any or all of
our rights and obligations to others at any time. We shall not be responsible
or liable for any loss, damage, delay, or failure to act caused by any cause
beyond our reasonable control. If any provision or part of a provision of these
Legal Terms is determined to be unlawful, void, or unenforceable, that
provision or part of the provision is deemed severable from these Legal Terms
and does not affect the validity and enforceability of any remaining
provisions. There is no joint venture, partnership, employment or agency
relationship created between you and us as a result of these Legal Terms or use
of the Services. You agree that these Legal Terms will not be construed against
us by virtue of having drafted them. You hereby waive any and all defences you
may have based on the electronic form of these Legal Terms and the lack of
signing by the parties hereto to execute these Legal Terms.

27.
CUSTOM CLAUSE 1

Custom
Clause 1

28.
CONTACT US

In
order to resolve a complaint regarding the Services or to receive further
information regarding use of the Services, please contact us at:Physiz Agtech
Pvt Ltd102 thinQbate, Marwah HouseKrishanLal Marwah MargMumbai, Maharashtra
400072IndiaPhone: 9321010745 admin{at}phyfarm{dot}com