I.1. This website / mobile application, www.kosara.in/ Kosara App, respectively (hereinafter referred to as “Kosara”), is owned, hosted and operated by KAV.
Kosara is a farm to home, fresh produce and farming venture, involving (i) subscriptions to fresh, healthy and organically grown vegetables and fruits, from KAV on farms designated for Users, and (ii) sale of other products grown/produced by KAV or sourced through partner farms/ventures, wherein Users can avail the products and services offered on Kosara (“Services”).
I.3. Please read this document carefully. These Terms, regulating the access to Kosara and use of the Services, constitute a legally binding agreement between Kosara/KAV and the User.
I.4. This document is an electronic record in terms of the Information Technology Act and the rules enacted thereunder. This electronic record is generated by a computer system and does not require any physical or digital signatures.
I.5. Information available on Kosara should not be regarded as a substitute for professional, legal, financial or any other category of advice. Users should conduct their own due diligence and obtain professional advice prior to consummation of any transactions.
Unless otherwise specified, the capitalized words shall have the meanings as defined herein below:
(a) “Information Technology Act” means the Information Technology Act, 2000, as amended.
(b) “KAV” means Kosara Agri Ventures LLP, a limited liability partnership incorporated in India.
(c) “Person” means any natural person, company, corporation, partnership or any other entity that is a legal person under law.
(d) “Subscriber” means any Person who has subscribed to the Services (whether on a paid or free basis) or purchased any item from Kosara or has logged into Kosara.
(e) “Terms” means these terms and conditions and any policy/terms so mentioned by terms of reference.
(f) “User” or “You” means any Person who accesses Kosara or avails the Services or makes a purchase or accesses Kosara for the purpose of viewing, browsing, publishing, sharing, transacting, displaying or uploading information or views and includes Subscribers, browsers / visitors and advertisers.
III.2. In addition to the Terms, You will be subject to the rules, guidelines, policies, terms and conditions applicable to any Service or for accessing Kosara, that are provided on Kosara, which shall be deemed to be incorporated into the Terms and shall be considered as part of the Terms.
IV.1. In order to avail the Services or for accessing Kosara, You will be required to register with Kosara and be subject to our verification process. We may, in our sole discretion, permit or deny your registration. The membership of Kosara is available only to those who are above the age of 18 (eighteen) years, excluding such persons who are incompetent to contract under the Indian Contract Act, 1872, which include inter alia persons of unsound mind and persons who are disqualified from contracting by any law to which they are subject to. If You are a minor and wish to browse/use Kosara, you may do so through your legal guardian, however, KAV reserves the right to terminate your account upon obtaining any information/knowledge of You being a minor and using the membership of Kosara.
IV.2. You are solely responsible for protecting the confidentiality of your username and password and any activity under the account will be deemed to have been done by You. You agree to: (a) provide true, accurate, current and complete information about yourself (“User Information”) as prompted by the sign-up process; and (b) maintain and promptly update the User Information provided during sign up to keep it true, accurate, current, and complete. In the event that You provide us with false and/or inaccurate details or KAV has a reason to believe that false and inaccurate information has been furnished, KAV reserves the rights to, in its sole discretion, permanently suspend your account.
IV.3. While KAV works to protect the security of your content and account, KAV cannot guarantee that unauthorized third parties will not be able to circumvent its security measures. Please notify KAV immediately, at firstname.lastname@example.org, in the event of any compromise or unauthorized use of your account. You are also responsible for ensuring that only authorized individuals have access to your account and for all actions taken or content added through your account.
IV.4. By accessing Kosara or availing the Services and providing us with the User Information, You agree that (a) we can send you communications about Kosara or the Services; and (b) You may be contacted by us or our service providers, whether by phone, mobile phone, text (SMS), email, postal mail or otherwise.
IV.5. KAV does not approve, control, or endorse any User Information and has no obligation to do so. However, KAV reserves the right (but assumes no obligation) to remove or modify any User Information for any reason, in its sole discretion, including any content which it believes violates the Terms.
IV.6. When You provide User Information via access to Kosara or via our Services, you grant KAV a royalty-free, perpetual, irrevocable and sub-licensable license to publish, reproduce, distribute, display, adapt, modify and otherwise use Your User Information in connection with access to Kosara or our Services. KAV will not pay You or otherwise compensate You for the content you provide to it.
IV.7. You understand and agree that any User Information that You post or submit to Kosara may be redistributed through the internet and other media channels and may be viewed by the general public.
V.1. You agree not to submit any material, including but not limited to links, photographs, videos etc, financial, contact or other information on Kosara unless You have acquired or received all necessary rights and authorizations from the owner/power of attorney holder of such material, including from the photographer and/or copyright owner of any photographs, to publish and distribute the said material on Kosara. KAV has not carried out any independent verification of the authenticity or compliance requirements, as may have been required under any law for the time being in force, of such material.
V.2. KAV shall have the sole authority to choose the manner in which any material will be searched, displayed, accessed, downloaded, copied and otherwise used on Kosara and KAV shall have the right to modify the material in the exercise of its rights under these Terms.
V.3. KAV reserves the right to remove all or any part of material posted on Kosara without notice. KAV accepts no responsibility for checking/verifying the accuracy of material or data files submitted by the User on Kosara.
VI.1. Users are required to pay the applicable charges for the Services. The details of the charges are clearly set out on Kosara. You may communicate with us at email@example.com to get more information in this regard.
VI.2. The charges payable to KAV for any online services/subscriptions (excluding any offline products/services), are to be paid through the online payment portal built into Kosara.
VI.3. Any payments for subscriptions to different subscription packaged offered by Kosara, will be treated as an advance paid toward supply of fresh, healthy and organically grown vegetables and fruits, from KAV. All services associated with the aforementioned supply of fresh produce, such as access to the Kosara App and website, farm visits, workshops (unless paid for), deliveries (if a part of the model subscribed to), training etc., will be treated as free of cost add-ons to the primary services/produce. You may reach out to firstname.lastname@example.org, if you want a copy of the bill of supply generated against payments made by You.
VI.4. Any payments for other products/services listed on Kosara, will be billed to you directly by KAV or partner service providers, against an invoice/bill of supply, as the case may be.
VI.5. KAV reserves the right to alter/modify the amounts payable for the Services without any prior notice. KAV may offer certain discounts or other offers for the various Services. The terms and conditions of the offers/discounts shall be clearly set forth on Kosara and the same may be time bound and hence You may not claim any offers/discounts when the time for the same has lapsed/expired.
VI.6. There are specific value-added services that may be offered directly by third party vendors through Kosara or at the Kosara farm, and the role of KAV in such cases is only to post the availability of such services on Kosara or give them space at the Kosara farm. KAV will not be liable or responsible in any way for such services or the quality of such services. Any payments being made by Users do not accrue to KAV and KAV will not entertain any requests for information / clarification regarding such services.
VI.7. You understand and undertake that any monies paid while accessing Kosara or availing the Services or any transaction consummated while doing so, do not and will not constitute any type of real estate transaction between Kosara/KAV and You, including but not limited to, leasing, selling, sub-letting, licensing etc,. Demarcation of certain farm areas for supply of vegetables and fruits, grown by KAV, and different subscription packages, is simply an experience being given to the Users and the same does not constitute any allotment /assignment/transfer or conveyancing of the land or any type of real estate transaction. You will not have any legal or easementary rights in the land on which User farms are demarcated or on any of the Kosara farms. You hereby relinquish any and all claims or right to dispute any right, title or interest in the land located on Kosara farms.
(a) Please note that due to the perishable nature of our products, we do not permit returns. However, customers may seek a refund or exchange if the produce is found damaged or incase of other issues similar issues.
(b) Customers are requested to kindly email us at email@example.com a photograph of the damaged consignment in order to seek a refund. that clearly shows what the damage is - the same must be done within 48 hours of the receipt of the consignment.
(d) If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.
(e) Refund of monies paid, if any, will be at the sole discretion of KAV. Any refund queries will be ascertained on a case to case basis.
VII.1. You agree to treat all information obtained from access to Kosara, or any of the Services and any information otherwise made available to You under any Service or access to Kosara (“Information”) as proprietary to KAV.
VII.2. KAV does not ensure the accuracy of, endorse or recommend any content on Kosara and any User who uses such content is doing so at its own risk. The details/material provided on the relevant pages of Kosara, such as images, videos etc. are merely indicative and provided for information purposes only and may/may not be a part of the actual product/ Services offered.
VII.3. You hereby agree and undertake:
(a) To not use any Information for further distribution, publication, public display or preparation of derivative works or facilitate any of these activities in any way, without the prior consent of KAV;
(b) Not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Information or software obtained from Kosara; and
(c) Not to use Kosara (including, without limitation, any Services you may obtain through your use of Kosara):
(i) in a manner that violates any local, state, national, foreign or international statute, regulation, rule, order, treaty, or other law;
(ii) to stalk, harass, or harm another Person;
(iii) to impersonate any Person or otherwise misrepresent your affiliation with any Person; or
(iv) to interfere with or disrupt Kosara or servers or networks connected to Kosara.
VII.4. Users violating these specific terms, specifically those Users searching/availing the Services or accessing Kosara in an abusive or excessive manner, shall be subject to immediate termination of their account without notice. You acknowledge that KAV also has the right to report any such aforementioned violations to law enforcement authorities, if it deems so necessary.
VIII.1. You hereby expressly agree not to:
(a) Access Kosara / use any of the Services in any manner so as to impair the interests and functioning of KAV/ Kosara and which is non-compliant with applicable laws and regulations;
(b) Access any data on Kosara which you are not authorized to access;
(c) Attempt or breach security or authentication measures without proper authorization;
(d) Attempt to interfere with access to any other User including but not limited to by submitting a virus of any kind, overloading, flooding, mail bombing or crashing;
(e) Copy, distribute, download, display, perform, reproduce, modify, edit, alter, enhance, broadcast or tamper with in any way or otherwise use any material contained on Kosara, except as permitted; or
(f) Remove any copyright, trade mark or other intellectual property notices contained in the original material from any material copied or printed off from Kosara or link to Kosara, without KAV’s express written consent.
VIII.2. You are prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, updating or sharing or share any information that:
(a) belongs to another person and to which the User does not have any right to;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
(c) harm minors in any way;
(d) infringes any patent, trademark, copyright or other proprietary rights;
(e) violates any law for the time being in force;
(f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(g) impersonate another person;
(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or
(i) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
VIII.3. If any User is found to be violating any of the above-mentioned terms, such User’s account shall be immediately terminated, without notice and future access to Kosara may be blocked. In addition, such User may also be subject to civil and/or criminal liability under law.
IX.1. Users desirous of accessing Kosara or availing the Services undertake that they shall comply with all applicable laws in India and any orders of any governmental or regulatory authorities or Court to which they are subject.
IX.2. All Users undertake and agree that any transactions consummated through Kosara, do not constitute a real estate transaction.
IX.3. All Users undertake that they shall abide by all rules and regulation, guidelines and instructions communicated to them through any means with regard to visits to the Kosara farm.
All logos, brands, trademarks and service marks (“Marks”) appearing on Kosara are either owned or used under license by KAV. All rights accruing from the same, statutory or otherwise, wholly vest with KAV. The access to Kosara does not confer upon You any license or right to use in respect of these Marks, except as expressly provided herein, and therefore, the use of these Marks in any form or manner, otherwise than as permitted under these Terms, is strictly prohibited. Any violation of the above would constitute an offence under applicable law.
X.2. KAV respects the intellectual property rights of all Users as well as third parties, it has and will continue to adhere to all the laws applicable in India in this respect. In a case where a User is found to be using Kosara as a platform to infringe the intellectual property rights of others, KAV will be free to terminate such User’s account forthwith without any notice to such User.
X.3. By allowing You to access Kosara, KAV grants You a limited, non-exclusive, non-assignable, revocable license to access Kosara and use the Services, provided that You are in compliance with the Terms. Except for the limited license granted to You, as aforesaid, You are not conveyed any other right or license in any way. This license does not allow You to copy or sell the Services or materials, scrape or mine Kosara, the Services, or materials, or frame any part thereof. Any unauthorized use/access of Kosara or the Services and any use that exceeds the license granted to You, will lead to termination of the permission or license granted by these Terms.
XI.1. KAV and any third party providing materials, services or content to KAV, disclaims all warranties, express or implied, statutory or otherwise including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement of third party rights, completeness or accuracy of the information, update or correctness of the information, freedom from computer viruses, other violation of rights regarding services, products, material and contents of Kosara.
XI.2. KAV shall not be liable for any disclosure of information concerning the User’s account and/or particulars nor for any error and/or omissions and/or inaccuracy with regard to information so disclosed or for any loss or damages sustained by reason of such disclosure, weather intentionally or inadvertently.
XI.3. The views expressed on Kosara by the Users are their own. KAV does not endorse the same and shall not be responsible for them. No claim as to the accuracy and correctness of the information on Kosara is made although every attempt is made to ensure that the content is not misleading/ offensive/ inappropriate. In case any inaccuracy is or otherwise improper content is sighted on Kosara, please report it to in accordance with Clause 16.8 of these Terms.
XI.4. It is solely the responsibility of the User to evaluate the completeness and usefulness of all opinions, advice, Services and other related information listed on Kosara. KAV does not warrant that the access to Kosara will be uninterrupted or error-free or that defects will be corrected.
XI.5. No information contained herein shall constitute an invitation or an offer to invest in KAV or any of its affiliates or group entities. Further, nothing contained in Kosara should be construed as a recommendation to use any product, service, process, equipment or formulation or otherwise and KAV makes no representation or warranty, express or implied that, the use thereof will not infringe any patent, or otherwise.
XII.1. KAV will not be liable for any damages of any kind arising out of or relating to the use or the inability to use Kosara, or its content, including but not limited to damages caused by or related to errors, omissions, interruptions, defects, delay in operation or transmission, computer virus, line failure and all other direct, indirect, special, incidental, punitive, loss of profit/goodwill, exemplary or consequential damages whether based on warranty, contract, tort or any other legal theory including force majeure events, and whether or not, such Person was intimated or advised of the possibility of such damages.
XII.2. With respect to any third party products/services/listings, KAV has absolutely no control over the quality, safety or legality of the items or services advertised, the truth or accuracy of the listings, the ability of sellers/service providers to sell items/services offered thorough Kosara. KAV cannot and does not control whether or not sellers/service providers will complete the sale of items/services they offer.
XII.3. KAV assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft or destruction or unauthorized access to or alteration of any User’s data/information. KAV shall not be responsible for any problem or technical malfunction on-line-systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problem or traffic congestion on the internet or at any website/application or combination thereof, including injury or damage to any User or to any other person’s computer related to or resulting from participating or downloading materials/information from Kosara.
XII.4. Kosara may provide links to web sites and access to content, products and services from third parties, including advertisers, affiliates and sponsors of Kosara or KAV. You agree that Kosara or KAV is not responsible for the availability/accuracy of content including but not limited to opinions, advice, statements and advertisements provided on such third party web sites and You shall bear all risks associated with the use of such content and for acting upon such content. KAV is not responsible for any loss or damage of any sort which You may incur from usage of contents of third party websites/mobile applications. KAV makes no representations or warranties as to the functioning of any third-party websites//mobile applications. A link to a third party web site from Kosara does not constitute endorsement by KAV of the owner of the other site, the content of its site, or its products or services.
XIII.1. You agree to defend, indemnify, and hold harmless, KAV and/or its associates, subsidiaries and their respective partners, officers, directors, employees, affiliates, licensees, business partners, agents and other representatives (collectively, “Representatives”) from and against any claims, notices, actions, demands or proceedings, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of Kosara or its material or your breach of these Terms or any applicable law.
XIII.2. KAV will not be party to any legal proceedings between parties contracted through the third party services. The User hereby undertakes not to make or initiate any claims, notices, actions, demands or proceedings, arising out of or in any way related to such disputes against KAV or its Representatives. In case KAV or any of its Representatives is sought to be implicated in any legal proceedings, costs will be recovered from the party that names KAV or any of its Representatives as a party to such proceedings.
XIV.1. KAV may, without notice and in its sole discretion, and at any time, terminate or restrict the use or access of any User to Kosara, or any part thereof, for any reason whatsoever that it may deem fit, including without limitation, if the User has violated or acted inconsistently with the letter or spirit of these Terms or any applicable law.
XVI.1. Modification and Variation of the Terms and Services
(a) KAV may amend/modify the Terms, at any time, without prior notice to You and such modifications shall be effective immediately upon posting of such modified terms and conditions on Kosara.
(b) You may review the modified terms and conditions periodically to be aware of such modifications and your continued access to or use of Kosara shall be deemed conclusive proof of your acceptance of these terms and conditions, as amended/modified from time to time.
(c) KAV reserves its right to withdraw wholly or partly, without assigning any reason, any of Services offered through Kosara, with or without any notice.
These Terms govern your use of Kosara. If any provision of these Terms or part thereof is inconsistent with or is held to be invalid/void by or under any law, rule, order or regulation of any Government or by the final adjudication of any court, such inconsistency or invalidity shall not affect the enforceability of any other provision of the terms and conditions.
The failure of KAV to exercise or enforce any right or provision of the terms and conditions of use shall not constitute a waiver of its right to enforce such right or provision subsequently.
XVI.4. Assignment of Rights
You are not permitted to assign or otherwise transfer your rights or obligations under these Terms. KAV may assign its rights and duties under these Terms without any such assignment being considered a change to the Terms, at its sole discretion, without any notice to You.
XVI.5. Governing Law
By accessing Kosara You agree that the laws prevailing in India shall be the governing laws in all matters relating to Kosara, the Services as well as the Terms.
Courts at New Delhi, India, India alone shall have the exclusive jurisdiction in all matters relating to use of Kosara, the Services and these Terms, irrespective of the territory and jurisdiction of your access to Kosara.
XVI.7. Monitoring and Reporting
KAV does not routinely monitor your postings on Kosara but reserves the right to do so. However, if KAV becomes aware of an inappropriate use of Kosara or any of its Services, KAV will respond in any way that, in its sole discretion, it deems fit and appropriate. You acknowledge that KAV will have the right to report to law enforcement authorities any actions that may be considered illegal, as well as any information it receives of such illegal conduct. When requested, KAV will co-operate fully with law enforcement agencies in any investigation of alleged illegal activity on the internet. KAV reserves all other rights.
XVI.8. Complaints and Grievance Redressal
Any complaints, abuse or concerns with regards to content and or comment or breach of these Terms shall be immediately informed to the designated Grievance Officer as mentioned below in writing or through email.
Name: Paras Chopra