Terms and Conditions

General

This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of services provided by Jaitra Sri INFOTECH through this Android Application Poultry App on Google Play Store.

Poultry App (“App”) includes the Android Application and various software/systems owned and operated by Jaitra Sri INFOTECH (“Company”) a Partnership Firm, incorporated under the provisions of the Indian Partnership Act, 1932, formed at Eluru (Andhra Pradesh, India), where such expression shall, unless repugnant to the context thereof, be deemed to include its respective representatives, administrators, employees, managers, officers, agents and their successors and assigns.

For the purpose of these Terms of Services (“Terms”), wherever the context so requires.

The term ‘You’ & ‘User’ shall mean any legal person or entity accessing or using the services provided on or through this App, who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872. User shall include, the Poultry Farmers, Wholesalers, traders, supervisors, suppliers, chicken shops and retailers for the digitalized services.

The terms ‘We’, ‘Us’ & ‘Our’ shall mean the App and/or the Company, as the context so requires.

The term ‘Service’ or ‘Services’ means the service to the Poultry Farmers to do their business and improved farm management and FCR calculations, weather updates, Daily updated prices, broadcasting the stock to the traders and wholesalers providing easy sales gateway and category opted by the User, and includes the ancillary and related services

Services will be covered under two sub-categories: Broiler and Layer; Broilers: Broilers are raising poultry for their meat and whereas Layers are raised for their eggs.

The terms ‘Party’ & ‘Parties’ shall respectively be used to refer to the User and the Company individually and collectively, as the context so requires.

The User unequivocally agrees that these Terms constitute a legally binding agreement between the User and the Company, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Company, through the App, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same.

The Company reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the
User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. The User has a duty to periodically check the Terms and stay updated on its requirements. If the User continues to use the App following such a change, the User will be deemed to have consented to any and all amendments / modifications made to the Terms.

Eligibility

The User represents and warrants that he/she is competent and eligible to enter into legally binding agreements and that he/she has the requisite authority to bind himself/herself to these Terms, as determined solely by the provisions of the Indian Contract Act, 1872. The User may not use this App if he/she is not competent to contract under the Indian Contract Act, 1872, or is disqualified from doing so by any other applicable law, rule or regulation currently in force.

Term

These Terms shall continue to form a valid and binding contract between the Parties, and shall continue to be in full force and effect until:

The User continues to access and use the Services on the App; or
The Transaction between the Parties, if any, concludes to the satisfaction of both Parties;
whichever is longer. The Parties agree that certain portions of these Terms (“Clause”), which are related to general practice and enforceability, shall continue to remain in full force and effect indefinitely, even after the expiry or termination of these Terms as contemplated herein.

Termination

The Company reserves the right, in its sole discretion, to unilaterally terminate the User’s access to the products or services of the App, or any portion thereof, at any time, without notice or cause. The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same, as described in Clause 3 hereinabove.

ACTIONS UNDERTAKEN BY THE APP ON YOUR DEVICE

Upon download and installation of the App, You grant the Company to perform the following actions on the device You have installed the App in:

To read from, write on, modify and delete data pertaining to the App on the device’s storage;
To be asked for the general credentials and particulars for identity and verification;
To access information about networks, access networks including Wi-Fi networks, receive and send data through the network;
To determine Your approximate location from sources like, but not limited to mobile towers and connected Wi-Fi networks;
To determine Your exact location from sources such as, but not limited to GPS;
To access the model number, IMEI number and details about the operating system of the device the App has been installed on or the website is visited from, as well as the phone number of the device;
Suppliers may be asked for further information, for verification purposes, like:
Copy of Aadhar Card (front and back),

COMMUNICATION

By using this App, and providing his/her contact information to the Company through the App, the User hereby agrees and consents to receiving calls, auto-dialled and/or pre-recorded message calls, e-mails and text messages from the Company and/or any of its affiliates or partners at any time, subject to various other Clauses of the Terms. In the event that the User wishes to stop receiving any such marketing or promotional calls/email messages/text messages, the User may send an e-mail to the effect to info@poultryapp.com with the subject Do Not Disturb. The User agrees and acknowledges that it may take up to thirty (30) business days for the Company to give effect to such a request by the User.

The User expressly agrees that notwithstanding anything contained hereinabove, he/she may be contacted by the Company or any of its affiliates / partners relating to any service availed of by the User on the App or anything pursuant thereto.
It is expressly agreed to by the Parties that any information shared by the User with the Company shall be governed by the Privacy Policy (Link).

PAYMENTS AND REFUNDS

You can download our app for Free. The basic plan for poultry app is free of cost which includes 50% – 60% of our basic features and we also offer different levels of membership with various benefits, few extra features added in paid Memberships, Upgrade to the premium memberships and get access for all our unique features to enjoy our Poultry app completely.

SECURITY OF PAYMENTS AND TRANSACTIONS

Transactions on the App are secured and protected by technological means. Any information entered by the User when transacting on the App is encrypted to protect the User against unintentional disclosure to third parties. The User’s credit and debit card information is not stored by or retained by the Company in any manner. On placing the order, the User will be redirected to the relevant payment gateway, i.e. Razor pay, which is authorized to handle the information provided and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with. All the services provided by Razor pay shall be subject to the Terms and Conditions of Razor pay, and We take no responsibility of any activity of Razor pay. However, We promise to provide assistance and render help for any credit/debit related problems and refunds, on case to case basis.

ORDERS: PLACING AND CANCELLATION

The User will place the orders through this App only, by making the payment of the fair price, displayed on the screen, after order selections.
The Order will be filtered through the automated algorithms of the Water Tanker App and assign a regional supplier, who will be responsible for the ordered supply, once accepts such order.
If a supplier does not accept the order within 6 hours, Water Tanker App will try to reassign the order to other nearby suppliers in the region.
Once a supplier accepts the order it cannot be cancelled by the consumer. But consumer can contact supplier to cancel.
If an order has been cancelled by consumer then he/she will lose 20% of the total amount he paid.
If a supplier cancels an order with his/her own reasons, he/she will get negative hits.
If a supplier has more than 3 cancellations within a week, his/her account will be blocked for the upcoming week.
If an order got cancelled, then We will initiate the refund within 2-5 working days.

INTELLECTUAL PROPERTY AND IP COMPLAINTS

Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Company’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of these Terms. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the Company on the App, are the property of the Company.

We respect the intellectual property of others and rights attached thereto. If You believe Your work is similar or identical in a way that constitutes copyright infringement or are aware of any infringing material on the App, please contact Us by sending an email to info@jaitrasriinfotech.com.

USER OBLIGATIONS

The User agrees and acknowledges that he/she is a restricted user of this App, and that the User undertakes not to:

Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of any other person or entity;
Engage in any activity that interferes with or disrupts access to the App or the services provided therein (or the servers and networks which are connected to the App);
Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever under any law, rule or regulation currently in force; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
Post any image/file/data that infringes the copyright, patent or trademark of another person or legal entity;
Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the App;
Probe, scan or test the vulnerability of the App or any network connected to the Website/ Application, nor breach the security or authentication measures on the Website/ Application or any network connected to the Website. The User may not reverse look-up, trace or seek to trace any information relating to any other user of, or visitor to, the App, or any other customer of the App, including any user account maintained on the App not operated/managed by the User, or exploit the App or information made available or offered by or through the App, in any manner;
Collect or store data about other Users, including Distributors, Suppliers and Partners of the Company.
Use the App or any material or content therein for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of this App or any other third party(ies);
Violate any code of conduct or guideline which may be applicable for or to any particular product or service offered on the App;
Violate any applicable laws, rules or regulations currently in force within or outside India;
Violate any portion of these Terms, including but not limited to any applicable additional terms of the App contained herein or elsewhere, whether made by amendment, modification, or otherwise;
Threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or cause incitement to the commission of any cognizable offence, or prevent the investigation of any offence, or insult any other nation.
Directly or indirectly offer, attempt to offer, trade, or attempt to trade, any item the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
Additionally, the User, (which includes all the Suppliers) shall comply with the local laws and regulations, in the jurisdiction they perform or are expected to perform the Services. On registration itself, the compliance of law with any applicable laws, rules and regulations shall be confirmed impliedly.

DISCLOSURES AND COMPLIANCE FOR THE SUPPLIERS

Water is a subject matter of States in India, and, each State has different set of rules, for use, distribution and extraction of water and water sources. Therefore, the Suppliers shall be required to comply with the local laws, rules, regulations and customs related to extraction, distribution and supply of water, in the state or a region.
Each Supplier, before registering on the Water Tanker App, shall take the necessary approvals, licenses or certifications, if so required by the local laws or the regulations of state or the region, where they are likely to provide the Services.
On application for registration on the Water Tanker App, it shall be considered impliedly that the Supplier has complied with such laws, regulations and obtained such approvals or certifications, as may be required.
The Company or the App Admin does not take any responsibility for the non-compliance of provisions of local/regional laws, rules or regulations, on part of the Suppliers.
The Company, suo-moto, may ask the Suppliers, to present the proof of local compliance, approvals or certifications, if so needed for the purpose of transparency and/or to fulfil the requirement of law.
The Company reserves the rights to reject, terminate or restrict the registration of a Supplier, at any time, if found non-complying, without giving a specific reason, for such action. Additionally, the Company can file a complaint for the legal actions against any such Supplier, to obey the provisions of law of the land.

SUSPENSION OF USER ACCESS AND ACTIVITY

Notwithstanding other legal remedies that may be available to it, the Company may in its sole discretion limit the User’s access and/ or activity by immediately removing the User’s access credentials either temporarily or indefinitely, or suspend / terminate the User’s membership, and/or refuse to provide User with access to the App, without being required to provide the User with notice or cause:

If the User is in breach of any of these Terms;
If the User has provided wrong, inaccurate, incomplete or incorrect information;
If the User’s actions may cause any harm, damage or loss to the other users or to the App or to the Company, at the sole discretion of the Company.

DISPUTE ARISING OUT OF THIS AGREEMENT

It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of these Terms and any disputes arising herefrom will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or the aforementioned Policy.

Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of both Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to the other Party, the dispute will be resolved by arbitration, as detailed hereinbelow;
Arbitration: In the event that the Parties are unable to amicably resolve a dispute by mediation, the said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on both Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole
discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Eluru in the state of Andhra Pradesh, India.

The Parties expressly agree that the Terms, the aforementioned Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of India, and that the Courts in the state of Andhra Pradesh, India shall have exclusive jurisdiction over any disputes arising between the Parties.

MISCELLANEOUS PROVISIONS

Entire Agreement: These Terms, read with the Policy form the complete and final contract between the User and the Company with respect to the subject matter hereof and supersedes all other communications, representations and agreements (whether oral, written or otherwise) relating thereto;
Waiver: The failure of either Party at any time to require performance of any provision of these Terms or the aforementioned Policy shall in no manner affect such Party’s right at a later time to enforce the same. No waiver by either Party of any breach of these Terms or the aforementioned Policy, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms or theaforementioned Policy.
Severability: If any provision/clause of these Terms or the aforementioned Policy is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality and enforceability of the remaining provisions/clauses of these Terms/ Policy shall in no way be affected or impaired thereby, and each such provision/clause of these Terms/ Policy shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms/ Policy shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations.