TERMS AND CONDITIONS – HARVESTED LABS PRIVATE LIMITED
These “Terms and Conditions” are published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011. These Terms are an “electronic record” as defined under Section 2(t) of the Information Technology Act, 2000 and the Rules thereunder. These Terms, being an electronic record, are generated by a computer system and do not require any physical or digital signatures.
1. Introduction
The website, www.harvestedlabs.com (“Website”) is owned and operated by Harvested Labs Private Limited(“Harvested Labs Private Limited”), headquartered at H-NO-16-107/10/7, ICRISAT COLONY PH 2 BEERA, Ramachanrapuram Village, Medak, Ramachandrapuram, Telangana, India, 502032. The use of the website is governed by these Terms and Conditions (“Terms”).
By using the Website, the user signifies that they have carefully read, understood, and agree to be bound by these Terms. When the user browses through the Website or avails any service provided by the Website, in the present or future, the user accepts and agrees to be bound by these Terms, policies, guidelines, and conditions of Harvested Labs Private Limited’s services.
These Terms may be changed, altered, edited, amended, modified, reviewed, revised, or substituted by Harvested Labs Private Limited at any time without prior notice. The user is requested to read the Terms before using or accessing the Website.
2. Platform Services
The Website is a platform that the user uses to signify their interest in joining a waitlist for information on the launch of Rakshak – the Laser Weeder (“Product”) for purchase.
The Website is a platform used by Harvested Labs Private Limited to:
- Provide information on our upcoming product and its value proposition
- Allow interested users to join our waitlist by providing their name, email address, and phone number.
The Website is only a platform that can be used by the user to browse information on the Product, join the waitlist by providing accurate personal information, and receive updates on the product and its launch. These activities are governed by these Terms.
2.1. Information Collection
When the user joins the waitlist, Harvested Labs Private Limited collects their:
- Full name
- Email address
- Phone number
When the user joins the newsletter, Harvested Labs Private Limited collects their:
- Email address
2.2. Accuracy of Information
The user is responsible for ensuring that the information they provide is accurate, current, and complete. They agree to update their information if it changes.
2.3. No Guarantee
Joining the waitlist does not guarantee that the user will receive the product or any specific benefits. We reserve the right to determine waitlist priorities and product availability at our sole discretion.
2.4. Service Provision
Provision of a specific service through the online platform of the Website will be subject to the user agreeing and consenting to certain additional terms, rules, policies, procedures, guidelines, disclaimers, notices or otherwise, if any, as applicable to such service (“Additional Terms”) and if there is any conflict between the Terms of Use and the Additional Terms, the Additional Terms shall take precedence in relation to that specific service.
3. User Jurisdiction
If Website is used from outside India, it is entirely at the user’s risk. The Website makes no representation that its contents and other features are available or otherwise suitable for use outside India. If the Website is used and accessed from or in locations outside India, the user shall ensure that the usage of the Website is legal and valid under applicable law of the user’s location. The user agrees to undertake all liabilities, responsibilities and consequences under applicable law in connection with the use of the Website from or in any location outside India. The user accessing the Website from any location outside India agrees and consents to enter into separate or additional terms as may be required by Harvested Labs Private Limited at any time.
4. User Covenants
The user agrees to use the Website and materials provided on the Website only for the purposes permitted by these Terms and all applicable laws. The user shall not use or access the Website in a manner that prejudicially affects the interests and goodwill of the Website, Harvested Labs Private Limited, or its affiliates or associates.
The user may not access (or attempt to access) any of the services by any means other than through the interface that is provided through the Website, unless user have been specifically allowed to do so in a separate agreement with Harvested Labs Private Limited. The user should not do anything that disables, overburdens, or impairs the proper functioning of the Website. Users specifically agree that they will not engage in any activity that interferes with or disrupts the services or the servers and networks that are connected to the services provided through the Website. The user should not obscure or obstruct any features of the Website. The user undertakes not to copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Website or any part thereof without a specific written permission from Harvested Labs Private Limited to do so.
When the user signs up for Harvested Labs Private Limited’s newsletter, the user expressly consents to receive communications from Harvested Labs Private Limited in relation to the product and access of the Website and its services and agrees that such communications shall not be treated as an unsolicited communication. The user agrees that Harvested Labs Private Limited may, at any time, modify or discontinue all or part of the Website, charge, modify or waive fees required to use the Website, or offer opportunities to some or all Website users.
5. Infrastructure
To use the Website, users require Internet connectivity or appropriate telecommunication links. The Website’s service does not include the provision of any computer system, resource, terminal, server, equipment, mobile or any devices.
Harvested Labs Private Limited is not responsible for any damage or loss resulting from a disruption in service, including any disruption that results from a disruption in an Internet service or from the Site being hacked or compromised in any way. Harvested Labs Private Limited shall not in any case provide any compensation as a result of any disruption and has sole discretion in delivering reimbursements, including reimbursements related to any disruption of service. Harvested Labs Private Limited is not responsible for any disruption in service to any third party applications. The user must comply with applicable third party terms, if any, such as mobile device agreement or wireless data service agreement etc. while using the Website.
6. Intellectual Property Rights
All content included on the Website, such as text, graphics, logos, button icons, images, and audio clips, digital downloads, data compilations, and software, is the property of Harvested Labs Private Limited, its affiliates, associates or its content suppliers and is protected by India and international copyright, authors' rights and database right laws. The compilation of all content on the Website is the exclusive property of Harvested Labs Private Limited, its affiliates, associates or its content suppliers and is protected by laws of India and international copyright and database right laws. All software used on this Website is the property of Harvested Labs Private Limited, its affiliates, associates or its software suppliers and is protected by laws of India and international copyright authors’ rights and database laws.
Harvested Labs Private Limited grants the user a limited license to access and make personal use of this Website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Harvested Labs Private Limited. This license does not include any resale or commercial use of the contents of the Website; any collection and use of any listings, descriptions, or prices; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another seller.
The trademarks, logos and service marks displayed on the Website are the property of Harvested Labs Private Limited or its affiliates, associates or its content suppliers or users or respective third parties. Users are not permitted to use the trademarks, logos and service marks without the prior consent of Harvested Labs Private Limited, its affiliates, associates or its content suppliers or users or the third party that may own the Marks.
Harvested Labs Private Limited owns all intellectual property rights to and into the trademark " Harvested Labs Private Limited,” and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions, goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
The users agree that they shall not use or apply for registration of any marks, or domain names which are similar to the marks or domain names used in connection with the Website or owned by Harvested Labs Private Limited. No user shall use, copy, reproduce, modify, alter, change, amend, transmit, broadcast, edit, revise, review, adapt, translate, distribute, perform, display, sell or otherwise deal with content or the intellectual property rights of the Website or content suppliers or third parties in any mode medium or manner now known or developed in future without authorization from Harvested Labs Private Limited and on happening of any such event Harvested Labs Private Limited reserves the right to immediately discontinue the Website services to such user without prejudice Harvested Labs Private Limited’s right to initiate legal action against such user.
Users are strictly prohibited from framing or use framing techniques to enclose any content or intellectual property on the Website to illegally and unlawfully exploit the content or intellectual property rights owned by Harvested Labs Private Limited or content suppliers or third party as the case is.
7. Third Party Websites
The Website may contain links to other websites and the Website are not in any way responsible for the terms of use or content of such websites and expressly disclaims all liability associated with the content and use of these websites. The linked websites are not under the control of Harvested Labs Private Limited and users are encouraged to read the terms of use and privacy policy of each and every linked website. If users decide to access any of the third-party websites linked to the Website, it is at the risk of the users to access and use such linked websites and Harvested Labs Private Limited shall not be responsible in any manner whatsoever.
8. Disclaimer
The user expressly agrees that the use of the Website is at the user’s sole risk. While Harvested Labs Private Limited strives to provide accurate and up-to-date information about our product, we make no representations or warranties regarding the accuracy, completeness, or reliability of any information on the Website. Product specifications, features, pricing, and launch dates are subject to change without notice.
The Website and all its content are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including but not limited to warranties and merchantability, fitness for a particular purpose, or non-infringement.
The Website could also be linked to third party websites and Harvested Labs Private Limited assumes no responsibility for results obtained from the use of these websites. Harvested Labs Private Limited makes no assurances that the Website is bug free and user friendly or the safety of the use of the Website. Harvested Labs Private Limited, including affiliates, associates and their respective owners, directors, officers, agents, shareholders and partners shall not be liable in any manner with respect to the loss or damage incurred or suffered by the users on account of virus attacks or bugs or other software or programmers that may be present or embedded while using or accessing the Website.
Harvested Labs Private Limited does not guarantee that the services provided through the Website will function without interruption or errors. In particular the operation of the services may be interrupted due to maintenance, updates, or system failures, virus attacks, bugs or due to any other technical reasons or otherwise. Website disclaims all liability for losses or damages caused by any such interruption or errors in functioning. Harvested Labs Private Limited also disclaims all liability for any malfunctioning impossibility of access or poor use conditions of the Website due to inappropriate equipment, disturbances related to internet services, down time or otherwise.
To the maximum extent permitted by applicable law, Harvested Labs Private Limited will have no liability related to user content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Harvested Labs Private Limited also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user content.
9. Limitation of Liability
To the maximum extent permitted by law, under no circumstances shall Harvested Labs Private Limited, its affiliates, successors or assigns be liable for any indirect, incidental, special, punitive, exemplary or consequential damages, including without limitation loss of data, loss of revenue or profits, loss or interruption of use of the site or services, or the provision of services to members, services, technology or rights, whether in an action in negligence, contract, tort, strict liability, warranty or any other legal or equitable theory, even if Harvested Labs Private Limited has been advised of the possibility of such damages. In no event will the maximum aggregate liability of the company, its affiliates, successors or assigns for any loss or damages relating to or arising out of this agreement, whether based in negligence, contract, tort or any other form of action, exceed Rs. 500.
10. Indemnity
The user agrees to indemnify, defend, and hold harmless the Company, its affiliates and its and their respective owners, investors, contractors, officers, directors, members, managers, partners, shareholders, licensors, suppliers, customers, employees, agents, third-party advertisers, technology providers and service providers from and against any loss, damage, cost, or liability (including, reasonable attorneys' fees) resulting from or relating in any way to a third-party claim, demand, action or proceeding that arises out of this Agreement or the Site, including but not limited to in relation to: (a) the user’s use, non-use or misuse of, or connection to the Site, the services and any content (including without limitation the user’s content and any third party content) forming part of the Site; (b) any listings liability, harm, damage or other default in any land or service sold or exchanged through the Site; (c) any incomplete, unsuccessful, frozen or negligent transaction between you and any other seller or buyer or any other person, whether consummated on the Site or outside the Site; and (d) any violation of any law, including any violation of any intellectual property rights of any individual, group or entity anywhere in the world. The user agrees to be strictly liable to the Company and any third party for any fraud or misrepresentation, whether intentional or unintentional.
11. Termination
Harvested Labs Private Limited reserves the right to terminate the services provided to any user without prior notice in the event of any default committed by user including but not limited to the breach of any applicable law, policies, guidelines and conditions of Harvested Labs Private Limited’s service or Additional Terms or these Terms or the Privacy Policy (including any modifications or additional notifications or instructions). On such termination, the user’s information and other details shall be black listed by the Website and shall be taken into consideration whenever necessary.
Harvested Labs Private Limited will terminate the services provided to any user if it is required under any applicable law. Without prejudice, Harvested Labs Private Limited reserves its right to terminate the services if such provision of services to the users is not economically viable for Harvested Labs Private Limited. Users may choose to discontinue availing services and facilities provided through the Website by privacy@harvestedlabs.com.
Post termination of the services provided to the user through the Website, the user’s personal information would reside in the Website’s database for a certain period of time. It is also clarified that certain terms and conditions of the policies, guidelines and conditions of Harvested Labs Private Limited’s service or Additional Terms or these Terms and the Privacy Policy continue to be binding on the user and if any user by default or otherwise is found using or dealing with the Website post termination of the service provided through the Website, the user shall be prosecuted by Harvested Labs Private Limited. The user shall be also liable to compensate Harvested Labs Private Limited for any unauthorized use of the Website.
12. Governing Law and Dispute Resolution
12.1. Governing Law
These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions.
12.2. Jurisdiction
Subject to the arbitration clause below, the courts of Hyderabad, India shall have exclusive jurisdiction over any disputes arising out of or related to these Terms or the user’s use of the Website.
12.3. Arbitration
Any dispute, controversy, or claim arising out of or relating to these Terms or your use of the Website shall be resolved through arbitration in accordance with the Arbitration and Conciliation Act, 1996. The arbitration shall be conducted by a sole arbitrator appointed by mutual consent, and the seat of arbitration shall be Hyderabad, India. The language of arbitration shall be English.
13. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
14. Waiver
Harvested Labs Private Limited’s failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
15. Entire Agreement
These Terms, together with Harvested Labs Private Limited’s Privacy Policy, constitute the entire agreement between the user and Harvested Labs Private Limited regarding the user’s use of the Website and supersede all prior agreements and understandings.
16. Contact Information
If a user has any questions, concerns, or complaints regarding these Terms or the Website, please contact Harvested Labs Private Limited at:
Address: H-no-16-107/10/7, Icrisat Colony Ph 2 Beera, Ramachanrapuram Village, Medak, Ramachandrapuram, Telangana, India, 502032.
Phone: +91-7995063131
Email: privacy@harvestedlabs.com
17. Language
These Terms have been prepared in English. In the event of any conflict between the English version and any translation, the English version shall prevail.