TERMS AND CONDITIONS

These terms and conditions (“T&C”) govern the use of services and products made available on or through Fawda’s website (https://fawda.in/) and/or Fawda’s mobile app (FAWDA), collectively, the “Platform”. These T&C also include our privacy policy (available as a separate document “Privacy Policy”), and any guidelines, additional, or supplemental T&C, policies, and disclaimers made available or issued by us from time to time (“Supplemental T&C”). The Privacy Policy and the Supplemental T&C form an integral part of these T&C. In the event of a conflict between these Terms and the Supplemental Terms with respect to applicable Services, the Supplemental Terms will prevail.

The T&C constitute a binding and enforceable legal contract between Fawdastar Agrisolutions Private Limited, a company incorporated under the Companies Act, 2013 with its registered address at 122, Vill & PO - Mora, Saharanpur, Uttar Pradesh - 247453 (“Fawda”, “we”, “us”, or “our”), and you, a user of the Services or products (“you” or “Customer”). By using the Services or products, you represent and warrant that you have full legal capacity and authority to agree to and bind yourself to these T&C. If you represent any other person, you confirm and represent that you have the necessary power and authority to bind such person to these T&C.

By using the Services or products, you agree that you have read, understood, and are bound by, these T&C, as amended from time to time, and that you will comply with the with you. If you do not agree to these Terms, or comply with the requirements listed here, please do not use the Services or products.

1. SERVICES

  1. The Services include the provision of the Platform that enables you to arrange and schedule different agri-based services with independent third-party service providers of those services (“Service Providers”). As a part of the Services, Fawda facilitates the transfer of payments to Service Provides for the services they render to you and collects payments on behalf of such Service Providers.
  2. The services rendered by Service Providers are referred to as “Support Services”. The term “Services” does not include the Support Services. Fawda does not provide the Support Services and is not responsible their provision. Service Providers are solely liable and responsible for the Support Services that they offer or otherwise provide through the Platform. Fawda do not employ Service Providers, nor are Service Providers agents, contractors, or partners of Fawda. Service Providers do not have the ability to bind or represent Fawda.
  3. The Platform is for your personal and non-commercial use only, unless otherwise agreed upon in accordance with the T&C of a separate agreement. The Platform is intended for use only within India.
  4. A key part of the Services is Fawda’s ability to send you text messages, electronic mails, or WhatsApp messages, including in connection with your bookings, your utilisation of the Services, or as a part of its promotional and marketing strategies. While you may opt out of receiving these text messages by contacting Fawda at founders@fawda.in or through the in-Platform settings, you agree and acknowledge that this may impact Fawda’s ability to provide the Services (or a part of the Services) to you.
  5. In certain instances, you may be required to furnish identification proof to avail the Services or the Support Services, and hereby agree to do so. A failure to comply with this request may result in your inability to use the Services or Support Services.
  6. Fawda Credits:
    • Fawda may, in its sole discretion, offer promotional codes that may be redeemed for credits, other features or benefits related to the Services, and/or Support Services, subject to any additional T&C that may apply on a promotional code (“Fawda Credits”).
    • You agree that
      • you shall use Fawda Credits in a lawful manner, and only for the purposes specified by such Fawda Credits,
      • you shall not duplicate sell, or transfer the Fawda Credits in any manner (including by posting such codes on a public forum) unless you have Fawda’s express prior consent to do so
      • Fawda Credits may be disabled by Fawda at any time for any reason without any liability to you or us,
      • Fawda Credits are not valid for cash, and
      • Fawda Credits may expire prior to your use.
    • Fawda may, at its sole discretion, provide only certain users with Fawda Credits that may result in different amounts charged for the same or similar services obtained by other users.
    • Fawda reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Fawda Credits, by you or any other user, if Fawda reasonably determines or believes that the use or redemption of the Fawda Credits was in error, fraudulent, illegal, or in violation of the applicable Fawda Credit T&C or these T&C.

2. ACCOUNT CREATION

  1. To avail the Services, you will be required to create an account on the Platform (“Account”). For this Account, you may be required to furnish certain details, including but not limited to your phone number. To create an Account, you must be at least 18 years of age.
  2. You warrant that all information furnished in connection with your Account is and shall remain accurate and true.
  3. You are solely responsible for maintaining the security and confidentiality of your Account and agree to immediately notify us of any disclosure or unauthorised use of your Account or any other breach of security with respect to your Account.
  4. You are liable and accountable for all activities that take place through your Account, including activities performed by persons other than you. We shall not be liable for any unauthorised access to your Account.
  5. You agree to receive communications from us regarding
    • requests for payments
    • information about us and the Services,
    • promotional offers and services from us and our third-party partners, and
    • any other matter in relation to the Services.

3. USER CONTENT

  1. Our Platform may contain interactive features or services that allow users who have created an account with us to post, upload, publish, display, transmit, or submit comments, reviews, suggestions, feedback, ideas, or other content on or through the Platform (“User Content”).
  2. As part of the effective provision of the Services and quality control purposes, we may request reviews from you about Service Providers and you agree and acknowledge that Service Providers may provide reviews about you to us. You must not knowingly provide false, inaccurate, or misleading information in respect of the reviews. Reviews will be used by us for quality control purposes and to determine whether Customers and Service Providers are right users of the Platform. If we determine at our sole discretion that you are not a right user, we reserve the right to cancel your registration and remove you from our Platform.
  3. You grant us a non-exclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, and royalty-free licence to
      make available, modify, adapt, translate, and create derivative works of, the User Content, for the functioning of, and in connection with, the Services, and
    • use User Content for the limited purposes of advertising and promoting the Services, or furnishing evidence before a court or authority of competent jurisdiction under applicable laws.
  4. In connection with these Terms & conditions, and the licences granted under this clause, you hereby waive any claims arising out of any moral rights or other similar rights relating to the User Content.
  5. You agree and acknowledge that Fawda may, without notice to you, remove, or otherwise restrict access to User Content that, in its sole discretion, violates these Terms & conditions.

4. CONSENT TO USE DATA

  1. You agree that we may, in accordance with our Privacy Policy, collect and use your personal data. The Privacy Policy is available at our platform (website and app) and it explains the categories of personal data that we collect or otherwise process about you and the manner in which we process such data.
  2. In addition to any consent you may provide pursuant to the Privacy Policy, you hereby consent to us sharing your information with our third party service providers. We may use information and data pertaining to your use of the Services for provision of the Services, analytics, trend identification, and purposes of statistics to further enhance the effectiveness and efficiency of our Services, and provision of beneficial schemes, new offers, and for experience enhancement.
  3. Subject to applicable laws, we may be directed by law enforcement agencies or the government and related bodies to disclose data in relation to you in connection with criminal or civil proceedings. You understand and agree that in such instances we shall have the right to share such data with relevant agencies or bodies.

5. BOOKINGS

  1. Orders: The Platform permits you to request various Support Services at a time of your choosing. To make a booking, you should follow the instructions on the Platform and provide necessary information. We use reasonable efforts to enable you to find a Service Provider who is able to provide that service at the requested time. If, in the unlikely event we cannot find a Service Provider for the specific timeslot, we will not be responsible for finding the service provider.
  2. Confirmation: Once you place a job request and service provider accepts the job, we will provide acceptance notification of the job via SMS or a push notification. Here, you will be required to make the payment in accordance with these Terms & Conditions to confirm the job booking. Service provider contact details will be shared to you to discuss job details.
  3. Cancellations: In case, due to some reason, discussion failed, bookings must be cancelled by you on the platform. Payment will be fully refunded to your account and job request will be open again.

6. PRICING, FEES, AND PAYMENT TERMS

  1. Fawda reserves the right to charge you for the different Services you may avail and/or for any other facilities you may opt for, from time to time, on or via the Platform.
  2. Charges and Fees in respect of Support Services:
    • In respect of Support Services that you seek to avail through the Platform, you shall be required to pay us (Fawda) the amount indicated at the time of booking. This amount includes the charges of service provider and Fawda’s fees. Fawda takes the responsibility of transferring payment to service provider.
    • Fawda shall notify you of the applicable Charges, Fees, and payment methods at the time of booking. Generally, you may make payments for Support Services through UPI. We have the right to modify and otherwise restrict the modes of payment available to you.
    • For the avoidance of doubt, please note that the Charges are payable to Service Providers, and Fawda acts as a limited collection agent on behalf of such Service Providers to collect and transfer amounts due to them.
    • All Charges and Fees are inclusive of applicable taxes.
    • Fawda reserves the right to reasonably amend the Fawda’s fees at any time at its sole discretion. However, charges to service provider shall be decided by you only when placing the job order. A change in Fawda’s fees shall not impact any bookings that have been confirmed before the publication of the revised Fees on the Platform.
    • Charges and Fees that you pay are final and non-refundable upon completion of the job, unless otherwise determined by Fawda or required by the unable to report of the job.
    • You acknowledge and agree that Charges and Fees applicable in certain geographical areas may increase substantially during times of high demand. You are advised to place the job order accordingly.
  3. Payment Processors: We may use a third-party payment processor (“Payment Processor”) to bill you through your selected mode of payment. The processing of payments will be subject to the terms and policies of such Payment Processor in addition to these Terms & Conditions. We shall not be liable for any error of the Payment Processor. In the event of any unsuccessful payment, the money debited shall be credited in accordance with the terms & conditions of the Payment Processor.
  4. Cancellation: You may elect to cancel your request for services from a Service Provider at any time prior to start of the job, without any cancellation fee.
  5. Subscriptions: Fawda may from time to time offer subscription packages (howsoever named) for monetary consideration. The packages shall provide Customers with additional benefits, which may include the ability to avail discounted Support Services. You agree that subscription packages (howsoever named) shall be subject to additional terms and conditions. You acknowledge that such subscription packages will be subject to additional terms and conditions that will be deemed to be an integral part of these Terms and conditions.

7. CUSTOMER CONDUCT

  1. Fawda prohibits discrimination against Service Providers, including on the basis of race, religion, caste, national origin, disability, sexual orientation, sex, marital status, gender identity, age, or any other characteristic that may be protected under applicable law. Such discrimination includes but is not limited to any refusal to accept Support Services based on any of these characteristics.
  2. We request that you treat all Service Providers with courtesy and respect, and that you provide them with a safe, clean, and appropriate location to perform the Support Services. Service Providers shall be entitled to refuse to perform Support Services if you have not provided a safe, clean, and appropriate location for them, or you behave towards them in a manner which is discourteous, disrespectful, abusive, or otherwise inappropriate. In such case, we reserve the right to withhold access to the Services and otherwise limit your access to Support services at our absolute discretion.
  3. You agree that you will be liable for discriminating against Service Providers or for any failure, intentional or otherwise, to provide the Service Providers a safe, clean, and appropriate location for them to perform the Support Services. Additionally, you will also disclose any and all information that may have a bearing on the ability of the Service Provider to perform the Support Services or impact the Services Provider’s health, safety, or well-being, to Fawda and the Service Provider.
  4. You agree that in the event a Service Provider behaves in a manner that is discourteous, disrespectful, abusive, inappropriate, or in violation of the law, you shall be required to report such incident to founders@fawda.in at the earliest but in any event within 48 (forty eight) hours of such incident.

8. THIRD PARTY SERVICES

  1. The Platform may include services, content, documents, and information owned by, licensed to, or otherwise made available by, a third party (“Third Party Services”) and contain links to Third Party Services. You understand and acknowledge that Third Party Services are the sole responsibility of the third party that created or provided it and that use of such Third Party Services is solely at your own risk.
  2. We make no representations and exclude all warranties and liabilities arising out of completeness. Should you avail a Third Party Service, you shall be governed and bound by the terms and conditions and privacy policy of the third parties providing the Third Party Services. Further, all intellectual property rights in and to Third Party Services are the property of the respective third parties.

9. YOUR RESPONSIBILITIES

  1. You represent and warrant that all information that you provide in relation to the Services and Support Services is complete, true, and correct on the date of agreeing to these Terms & Conditions and shall continue to be complete, true, and correct while you avail the Services and/or the Support Services. Should any information that you provide change during the existence of these Terms & Conditions, you undertake to immediately bring such change to our notice. We do not accept any responsibility or liability for any loss or damage that you may suffer or incur if any information, documentation, material, or data, provided to avail the Services is incorrect, incomplete, inaccurate, or misleading or if you fail to disclose any material fact.
  2. You shall extend all cooperation to us in our defence of any proceedings that may be initiated against us due to a breach of your obligations or covenants under these Terms & Conditions.
  3. In respect of the User Content, you represent and warrant that:
    • you own all intellectual property rights (or have obtained all necessary permissions) to provide User Content and to grant the licences under these Terms & Conditions;
    • you are solely responsible for all activities that occur on or through your account on the Platform and all User Content;
    • the User Content does not and shall not violate any of your obligations or responsibilities under other agreements;
    • the User Content does not and shall not violate, infringe, or misappropriate any intellectual property right or other proprietary right including the right of publicity or privacy of any person or entity;
    • the User Content does not and shall not contain any viruses, corrupted data, or other harmful, disruptive, or destructive files or content;
    • the User Content does not and shall not violate any third party rights; and
    • the User Content (A) does not belong to any other person to which you do not have any right, (B) does not threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, public order, cause incitement to the commission of any cognisable offence, prevents investigation of any offence, or is insulting another nation, (C) is not defamatory, grossly harmful, blasphemous, paedophilic, invasive of another’s privacy, discriminatory based on gender, ethnically objectionable, disparaging, relating to, or encouraging money laundering or gambling, libellous, hateful, racist, violent, obscene, pornographic, unlawful, harmful to children, or (D) otherwise offensive, objectionable, or restricts, or inhibits, any other person from using or enjoying the Services.
  4. You shall not use the Services in any manner except as expressly permitted in these Terms & Conditions. Without limiting the generality of the preceding sentence, you shall not:
    • infringe any proprietary rights, including but not limited to copyrights, patents, trademarks, or trade secrets of any party;
    • except as may be provided hereunder, copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate, create any derivative works from or license the Services;
    • use the Services to transmit any data, or send or upload any material that contains viruses, Trojan horses, worms, timebombs, keystroke loggers, spyware, adware, or any other harmful programmes, or similar computer code, designed to adversely affect the operation of any computer software or hardware;
    • use any robot, spider, other automated device, or manual process to monitor or copy the Services or any portion thereof;
    • engage in the systematic retrieval of content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory;
    • use the Services in (A) any unlawful manner, (B) for fraudulent or malicious activities or (C) in any manner inconsistent with these Terms & Conditions;
    • decompile, reverse engineer, or disassemble the Services;
    • link to, mirror, or frame, any portion of all or any of the Services; or
    • violate applicable laws in any manner.
  5. You warrant that you shall not engage in any activity that interferes with or disrupts the Services.
  6. You shall not attempt to gain unauthorised access to any portion or feature of the Services, any other systems or networks connected to the Services, to any of our servers, or through the Platform by hacking, password mining, or any other illegitimate means.
  7. You shall not directly or indirectly, in any capacity, solicit, attempt to influence, engage, approach, or accept or encourage the solicitations or approach of a Service Provider from whom you have availed Support Services, to either terminate or otherwise cease their registration on or engagement with the Platform, or avail services the same as or similar to the Support Services independently, without booking the Support Services through your Account. You agree that this limitation is reasonable and fair and is necessary for the protection of the privacy and security of Service Providers and that this will not preclude you from obtaining services the same as or similar to the Support Services through the Platform or other means. You further agree that any potential harm to Service Providers from the non-enforcement of this clause far outweighs any potential harm to you.

10. OUR INTELLECTUAL PROPERTY

  1. All rights, titles, and interest in, and to the Services, including all intellectual property rights arising out of the Services, are owned by or otherwise licensed to us. Subject to compliance with these Terms and Conditions, we grant you a non-exclusive, non-transferable, non-sub licensable, revocable, and limited licence to use the Services in accordance with these Terms & Conditions and our written instructions issued from time to time. Any rights not expressly granted herein are reserved by Fawda or Fawda’s licensors.
  2. We may request you to submit suggestions and other feedback, including bug reports, relating to the Services from time to time (“Feedback”). We may freely use, copy, disclose, publish, display, distribute, and exploit the Feedback we receive from you without any payment of royalty, acknowledgement, prior consent, or any other form of restriction arising out of your intellectual property rights.
  3. Except as expressly stated in these Terms & Conditions, nothing in these Terms & Conditions should be construed as conferring any right in, or licence to, our or any third party’s intellectual property rights.

11. T&C AND TERMINATION

  1. These T&C shall remain in effect unless terminated in accordance with the terms hereunder.
  2. We may restrict, deactivate, or terminate your access to, or use of, the Services, or any portion thereof,
    • immediately and at any point at our sole discretion, (A) if you violate or breach any of the obligations, responsibilities, or covenants under these T&C, (B) when you cease to become a user of our Services, (C) you do not, or are likely not to qualify under applicable law, or the standards and policies of Fawda, to access and use the Services, or (D) violate or breach the Community Guidelines,
    • upon 30 (Thirty) days’ prior written notice to you, or
    • immediately for any legitimate business, legal, or regulatory reason.
  3. You may terminate these T&C, at any time, for any reason by sending a notice to Fawda at founders@fawda.in
  4. Upon termination of these T&C:
    • the Account will expire;
    • the Services will “time-out”; and
      • implication, intended to survive termination or expiry.

12. DISCLAIMERS AND WARRANTIES

  1. The Services are provided on an “as is” basis without warranty of any kind, express, implied, statutory or otherwise, including without limitation the implied warranties of title, non-infringement, merchantability, or fitness for a particular purpose. Without limiting the foregoing, we make no warranty that the Services will meet your requirements or expectations.
  2. No advice or information, whether oral or written, obtained by you from us shall create any warranty that is not expressly stated in the T&C.
  3. While Fawda strives to provide accurate information about Support Services and Charges, pricing errors may occur from time to time.
  4. You agree and acknowledge that we are merely a Platform that connects you with Service Providers, and we shall not be liable in any manner for any obligations that have not been explicitly stated in these T&C. We are not liable or responsible for fulfilment of any bookings, for the performance of the Support Services by any Service Provide, or for any acts or omissions of the Service Provider during their provision of the Support Services including any damage they may cause to property. By booking Support Services through the Platform, you are entering into a contract with the relevant Service Provider for the provision of those services, and we accept no responsibility or liability, nor do we make any warranty, representation, or guarantee in respect of the Service Provider’s performance under that contract.
  5. You agree and acknowledge that soliciting or receiving services from any Service any rights that you may have under these T&C.
  6. We do not guarantee or warrant and we make no representation whatsoever regarding the reliability, quality, or suitability of the Service Providers.
  7. You hereby accept full responsibility for any consequences that may arise from your use of the Services and Support Services, and expressly agree and acknowledge that we shall have absolutely no liability in this regard.
  8. Fawda will maintain a complaints management framework and will manage this framework on behalf of Service Providers in a reasonable manner and in accordance with the non-excludable requirements of relevant applicable laws.
  9. To the fullest extent permissible by law, we disclaim all liability for any loss or damage arising out of, or due to:
    • your use of, inability to use, or availability or unavailability of the Services or the Support Services;
    • the occurrence or existence of any defect, interruption, or delays, in the operation or transmission of information to, from, or through the Services, communications failure, theft, destruction, or unauthorised access to our records, programmes, services, servers, or other infrastructure relating to the Services;
    • the failure of the Services to remain operational for any period of time; and
    • the loss of any User Content and any other data in connection with your use of the Services.
  10. In no event shall Fawda, its officers, directors, and employees, or its contractors, agents, licensors, partners, or suppliers, be liable to you for any direct, special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation, lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever, including but not limited to any abuse or breach of data), even if Fawda or an authorised representative had been advised of the possibility of such damages, arising out of, or relating to (A) these T&C, (B) the Services or the Support Services, (C) your use or inability to use the Services or the Support Services, or (D) any other interactions with another user of the Services.
  11. To the maximum extent permitted by law, our liability shall be limited to the amount of commission we receive in respect of a particular booking made on the Platform.
  12. Nothing in these T&C will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit.

13. INDEMNITY

You shall indemnify, defend at our option, and hold us, our parent companies, and our officers, employees, directors, agents, and representatives, harmless from and against any claim, demand, lawsuits, judicial proceeding, losses, liabilities, damages, and costs (including, without limitation, all damages, liabilities, settlements, and attorneys’ fees), due to or arising out of your access to the Services or Support Services, use of the Services or Support Services, violation of these T&C, or any violation of these T&C by any third party who may use your Account.

14. JURISDICTION, GOVERNING LAWS, AND DISPUTE RESOLUTION

  1. These T&C shall be governed by and construed and enforced in accordance with the laws of India. Subject to other provisions in this clause, courts in Saharanpur shall have exclusive jurisdiction over all issues arising out of these T&C or the use of the Services.
  2. Any controversies, conflicts, disputes, or differences, arising out of these T&C shall be resolved by arbitration in Saharanpur in accordance with the Arbitration and Conciliation Act, 1996 for the time being in force, which is deemed to be incorporated by reference in this clause. The tribunal shall consist of 1 (One) arbitrator appointed by Fawda. The language of the arbitration shall be English. The parties to the arbitration shall keep the arbitration confidential, and not disclose to any person, other than on a need to know basis, or to legal advisors, unless required to do so by law. The decision of the arbitrator shall be final and binding on all the parties thereto. Each party to the arbitration shall bear its own costs with respect to any dispute.

15. GRIEVANCE REDRESSAL

  1. You may contact our designated Grievance Redressal Officer with any complaints or queries relating to the Services or these T&C through registered post or through email, details of which are provided below:
    • Name: Rajkumar Pundir
    • Designation: Director
    • Email Address: founders@fawda.in
  2. We shall ensure that your complaint is resolved within timelines prescribed by applicable laws.

16. MISCELLANEOUS PROVISIONS

  1. Changes to T&C: The T&C are subject to revisions at any time, as determined by us, and all changes are effective immediately upon being posted on the Platform. It is your responsibility to review these T&C periodically for any updates or changes. You will be deemed to have accepted the changes made to these T&C if you continue to use the Platform once it has been posted.
  2. Modification to the Services: We reserve the right at any time to add, modify, or discontinue, temporarily or permanently, the Services (or any part thereof), with or without cause. We shall not be liable for any such addition, modification, suspension, or discontinuation of the Services.
  3. Severability: If any provision of these T&C is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions of these T&C will continue to be in effect. If any unlawful or unenforceable provision would be lawful or enforceable if a part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the clause, in which case the entirety of the relevant provision will be deemed to be deleted).
  4. Assignment: You shall not license, sell, transfer, or assign your rights, obligations, or covenants under these T&C, or your Account in any manner without our prior written consent. We may grant or withhold this consent at our sole discretion, subject to any conditions we deem appropriate.
  5. Notices: All notices, requests, demands, and determinations for us under these T&C (other than routine operational communications) shall be sent to founders@fawda.in.
  6. Third Party Rights: No third party shall have any rights to enforce any T&C contained herein.
  7. Force Majeure: We shall have no liability to you if we are prevented from or delayed in performing our obligations, or from carrying on our business, by acts, events, omissions, or accidents beyond our reasonable control, including without limitation, strikes, failure of a utility service or telecommunications network, act of God, war, riot, civil commotion, malicious damage, or compliance with any law or governmental order, rule, regulation, or direction.