YOUR AGREEMENT TO THE TERMS

This document is an electronic record in terms of the Information Technology Act, 2000, and 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 the Platform.

Your use of the Platform and services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the Platform including the applicable policies which are incorporated herein by way of reference. If You transact on the Platform, You shall be subject to the policies that apply to the Platform for such transactions. By mere use of the Platform, You shall be contracting with Kisan Sarathi and these terms and conditions including the policies constitute Your binding obligations, with Us.

Your access or use of the Platform signifies that You have read, understood, and agreed to be bound by, without limitation or qualification, the Terms. You will not use the Platform for any purpose that is unlawful or prohibited by these Terms and Conditions.

By accessing or using the services as a user you also represent that you have the legal authority to accept the terms on behalf of yourself and any party you represent in connection with your use of Kisan Sarathi. If you do not agree to the terms, you are not authorized to use the Platform or its Services.

1. DEFINITION

The definitions provided in this Terms of Service are intended for clarification and understanding of the terms used herein. In the event of any dispute or disagreement arising from the interpretation of the definitions contained herein, such disputes shall be conclusively settled in accordance with the understanding and interpretation of Kisan Sarathi.

i. API: Application Programming Interface, which denotes and includes a set of protocols, tools, and definitions that allow different software applications to communicate with each other.

ii. Content: any data, text, images, audio, video, or other material that is uploaded or generated on the Kisan Sarathi Platform.

iii. Cookies: Cookies are small text files stored on your device (computer, tablet, smartphone) when you visit a website. They are widely used to make websites work more efficiently and to provide data to the owners of the site.

iv. Data: any information, including but not limited to personal data, user-generated content, usage data, cookies, metadata, and any other information collected, processed, or stored by the Kisan Sarathi platform during the use of its services or products. This includes information provided by users during registration, interactions with the platform's features, communication with other users, and any other activity performed on the Kisan Sarathi platform. Additionally, "Data" may also include information collected through automated means such as cookies, log files, and analytics tools to enhance the user experience, provide personalized content, and improve the performance and security of the Kisan Sarathi platform.

v. Experts: Any individual, particularly certified professionals from ICAR or affiliated Krishi Vigyan Kendras (KVKs), who accesses or uses the Expert Application to provide Services to Users.

vi. Kisan Sarathi Platform: Includes Kisan Sarathi website, App, Expert App or any other services provided by Kisan Sarathi.

vii. Platform(s): Kisan Call Center (KCC), Common Service Center (CSC), PM Kisan Saman Nidhi (PM Kisan), Indian Metrological Department (IMD), my Scheme, National Language Translation Mission (BHASINI).

viii. Third-Party: Any entity, organization, Authorised Service Provider or individual other than the user and Kisan Sarathi Platform as the case may be.

ix. User: any individual who accesses or uses the Kisan Sarathi Platform, including but not limited to registered users, visitors, and individuals interacting with the Platform's services, features, or content.

2. Services

"Kisan Sarathi" aims to provide seamless, multimedia, multi-way connectivity to the farmers with the latest agricultural technologies, a knowledge base, and a pool of a large number of subject matter experts. The Platform offers a comprehensive suite of services designed to empower farmers and agricultural stakeholders, including, but not limited to:

• Personalized Advisory: The Platform provides tailored agricultural advice based on individual farm and farmer profiles, considering factors such as soil type, climate, crop selection, and available resources.
• Expert Advisory: The Platform provides personalised, timely and regionally relevant advisory to farmers through their Expert App.
• Query Handling: Farmers can submit queries related to crop health, pest management, weather impacts or agricultural practices using multiple platforms including the Platform, UMANG, Kisan Call Centres (KCC), Common Service Centres (CSC).
• Live Interaction: Farmers can engage in real-time, interactive sessions with domain experts in their local language through live video or audio conferencing.
• Discussion Forums: A built-in community forum that allows thematic discussions among Experts and Farmers.
• Crop Calendar View: A visually rich calendar interface that displays crop lifecycle activities.
• IMD: Access real-time weather forecasts and IMD alerts tailored to region and crop requirements.
• Anywhere Anytime Access: Users can access and review past advisories, historical data, and other relevant information anytime, from any location with an internet connection.
• Dashboard & MIS: The Platform provides a user-friendly dashboard and management information system (MIS) for monitoring and evaluating farm performance, tracking progress, and making informed decisions.
• Call Facilities: Kisan Sarathi offers a range of call facilities, including mobile phone calls, click-to-call functionality, call conferencing, and call recording for enhanced communication and support.
• Access to Knowledge & Farmer Database: The Platform provides access to a comprehensive knowledge base and a Know Your Farmer (KYF) database, enabling users to access valuable information and connect with other farmers.
• Push Alert Messages: Users receive timely push notifications based on their location, domain of interest, and relevant events or advisories.
• Registration Facilitation: Users can register for Kisan Sarathi services conveniently through toll-free numbers and the official website.

3. Farmer Registration

3.1. If You use the Platform, You shall be responsible for maintaining the confidentiality of your display name, password, or any other personal identifier and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current, or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access on Your account on the Platform and refuse to provide You with access to the Platform.

3.2. To access and utilize the services offered under Kisan Sarathi Platform, users must first register for an account using their basic details i.e. name, mobile number etc. Registration is mandatory to receive any services through this program.

3.3. Your name and mobile phone number are your primary identifier on the Platform. It is your responsibility to ensure that Your mobile phone number is up to date on the Platform at all times.

3.4. You agree that Kisan Sarathi shall not be liable or responsible for the activities or consequences of the use or misuse of any information that occurs under your Account in cases, including, where You have failed to update Your revised mobile phone number on the Website Platform.

3.5. You are prohibited from accessing or using another user’s account. If You share or allow others to have access to Your account/profile on the Platform, by creating separate profiles under Your Account, or otherwise, they will be able to view and access Your Account information. You shall be solely liable and responsible for all the activities undertaken under Your Account, and any consequences therefrom.

3.6. You must immediately notify kisansarathiteam@gmail.com if you suspect any unauthorized access to or use of your account.

3.7. We reserve the right to temporarily suspend, deactivate, or block your account upon receipt of a complaint, alleging infringement of our policies.

4. Code of Conduct

4.1. User agrees to comply with all applicable laws, rules, and regulations and agrees not to:

• Use the Platform for any unlawful purpose or violate someone else's rights, including but not limited to harassment, bullying, breach of privacy, or any action that jeopardizes the safety or privacy of minors.
• Engage in spamming, impersonate any person or entity, whether actual or fictitious, or harvest data about Platform users.
• Open multiple accounts for himself or any other individual using multiple mobile numbers or using different authentication credentials, such as Aadhaar, PAN Card, or Driving Licence, each linked to separate numbers, yet attributable to a singular user.

4.2 User Responsibility:

• Users must keep their account credentials safe and confidential and must not voluntarily disclose any confidential data to third parties. By using the Platform, the User acknowledges and agrees to act responsibly while sharing any data with any Partners, whether on the Platform or in a personal capacity.
• Users must immediately notify kisansarathiteam@gmail.com about any unauthorized access or use of account.
• Users must ensure the accuracy of their personal data provided to Kisan Sarathi and must keep their data updated. In case of any addition, removal, or modification to the existing data users must promptly update their account.
• Users must not transmit unlawful, defamatory, obscene, offensive, or scandalous material via Kisan Sarathi.
• Providing incomplete, inaccurate, or false data via Kisan Sarathi may result in suspension or termination of access.
• The User shall only share such data with Partners that are required for the intended purpose and shall refrain from disclosing any additional personal data.
• Kisan Sarathi hereby absolves itself of any liability arising from the actions or conduct of the Partners, whether occurring online or offline. Users are advised to consult the individual policies of our Partners, as they operate under their own Terms.
• Users may have the right to provide feedback, suggestions, or comments to the Platform, with the understanding that the Platform may use this feedback to improve its offerings.
• Any content created/posted on the Platform will be the intellectual property of the Platform.

5. Ownership of Content and Grant of Conditional License

5.1. The Platform and all its content are owned by the Indian Council for Agricultural Research (ICAR) and Digital India Corporation (DIC).

5.2. Users are granted a conditional license to view the Platform and its Content for non-commercial purposes only, subject to certain restrictions that are listed below. You will not:

• Submit any software or other materials that include viruses, worms, Trojan horses, defects, date bombs, time bombs, malware, or any other items of a destructive nature.
• Manipulate identifiers, including by forging headers, to disguise the origin of any posting that you submit. "Frame" or "mirror" any part of the platform.
• Link to any portion of the Site other than the URL assigned to the homepage of the platform.
• Modify, adapt, sub-license, translate, sell, reverse engineer, decompile, or disassemble any portion of the platform, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the content.
• Remove any copyright, trademark, or other proprietary rights notices contained on the platform.
• Use any computer program, bot, robot, spider, offline reader, platform search/retrieval application, or other manual or automatic device, tool, or process to retrieve, index, data mine, or in any way reproduce or circumvent the security structure, navigational structure, or presentation of the content or the platform, including with respect to any CAPTCHA displayed on the platform. Operators of public search engines may use spiders to copy materials from the platform for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We may revoke this exception at any time and require the removal of archived materials gathered in the past.
• Use any automated software or computer system to search for or participate in activities including sending data from your computer to another computer where such software or system is active.
• Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure.
• Access, reload, or refresh transactional events or schedule appointment pages, or make any other request to transactional servers, more than once during any three-second interval.
• Reproduce, modify, display, publicly perform, distribute, or create derivative works of the platform or the Content.
• Use the platform to reproduce, modify, display, publicly perform, distribute, or create derivative works of the Kisan Sarathi Platform or the Content.
• Engage in any activity that seeks to bypass or undermine the technological measures put in place to control access to the platform and its Content. This includes but is not limited to attempting to decrypt, decode, modify, or reverse engineer appointment slips, underlying algorithms, or barcodes used in the production of tickets or on the Site. Such actions performed either by users themselves or through any third-party entity whether done manually or through automated means, are strictly prohibited and are not permissible on the Kisan Sarathi Platform.
• Use bot technology to search for activities through the Site; this specifically prohibits you from using automated software on the Site and prohibits you from circumventing any security measure, access control system, or other technological control or measure on the platform that is used to enforce booking appointment schedule limits.

5.3. The trademarks, logos, and service marks (collectively, the “Trademarks”) of Kisan Sarathi Platform, whether registered or unregistered, are the intellectual property of the platform owner or licensed to the platform owner. Unauthorized use of the Trademarks, including reproduction, imitation, dilution, or confusing or misleading uses, is strictly prohibited and may constitute a violation of the trademark laws. Use of the Trademarks without the platform owner’s express written consent is not permitted. Any such unauthorized use may result in appropriate legal action.

5.4. Access to and use of Kisan Sarathi, including its content, are governed by the Terms of Service agreed upon at registration, which include disclaimers of warranty and guidelines for linking to external sites. Users are granted a non-exclusive license to use Kisan Sarathi’s content for editorial, marketing, and promotional purposes, provided that the source is clearly and prominently cited. However, this permission does not extend to third-party copyrighted content, and users do not gain ownership rights over any material; reproduction of such content requires prior authorization from the copyright holder.

6. Community Guidelines

These policies apply to all types of content on Kisan Sarathi Platform, including unlisted and private content, links, community posts etc. If your content violates our community guidelines then appropriate action will be taken.

6.1. Respect and Tolerance:

• Civil Discourse: Engage in respectful discussions even when opinions differ.
• Harassment and Bullying: This policy protects Users from harassment and bullying. Please avoid any behaviour that can be attributed as harassment including sexual harassment and bullying or any other form of activities consisting coercion or use of force.
• No Hate Speech: Avoid offensive language, discrimination, harmful comments, or any kind of expressions that advocate incitement to harm, including acts of discrimination, hostility, radicalization, ethnicity, victims of a major violent event (and their kin), and verbal or physical violence.
• No Nudity or Profanity: Users must not post or share any content that contains nudity, sexual acts, or any other form of explicit sexual content. Sexually explicit content featuring minors and content that sexually exploits minors is not allowed on Kisan Sarathi.
• Empathy: Understand different perspectives and be open-minded.

6.2. Accuracy and Authenticity:

• Fact-checking: Verify data before sharing.
• Cite Sources: When discussing sensitive topics, provide credible sources.
• Avoid Rumours: Refrain from spreading unverified news.

6.3. Safety and Privacy:

• Privacy Awareness: Protect your data; avoid sharing any sensitive details.
• Report Abuse: Notify moderators of any cyberbullying or harassment.
• Online Safety: Educate others about online security.

6.4. Legal and Ethical Boundaries:

• Compliance: Abide by local, national, and international laws.
• No Harmful Content: Avoid promoting violence, illegal activities, or harm.
• Respect Copyright: Give credit for the content you share.

6.5. Non-Political and Non-Religious Content:

• Avoid Politics: Refrain from discussing political parties or ideologies.
• Religious Neutrality: Keep religious discussions respectful and non-proselytizing.

6.6. Community Moderation and Reporting:

• Moderators: Enforce guidelines consistently.
• User Reporting: Report inappropriate content promptly.
• Consequences: Violations may lead to warnings, temporary suspension, or permanent removal.

6.7. Impersonation:

• Content intended to impersonate a person or provide misinformation about your own self is not allowed in Kisan Sarathi.
• Using name, username, image, brand, logo, or other personal data that is inaccurate and is done with malafide intention to impersonate others is not allowed.

6.8. Spam, misleading metadata, and Deceptive practice:

• Kisan Sarathi doesn’t allow spam, scams, or other deceptive practices that take advantage of Users or Partners.
• Leaving large amounts of identical, untargeted, or repetitive data.

6.9. Misinformation:

• Don’t post content that has been technically manipulated or doctored in a way that misleads the Platform and may pose a serious risk of egregious harm.
• Don’t post content that may pose a serious risk of egregious harm by falsely claiming that old footage from a past event is from a current event.

7. Limitations of Multi-Lingual Interface

Translations on the Kisan Sarathi platform are executed by independent, third-party language service providers. We endeavour to ensure the translations are as accurate as possible. However, due to the inherent complexity and potential subjectivity of language, certain documents and materials may not be subject to translation. The User acknowledges that not all text may translate accurately or operate as intended when translated due to linguistic constraints. Kisan Sarathi shall not be held responsible for any discrepancies, inaccuracies, or misunderstandings arising from the use of translated content. Efforts will be made continuously to improve the translations on this portal, and any identified errors, omissions, or ambiguities will be addressed promptly to ensure clarity and accuracy.

8. Utilization of Kisan Sarathi APIs

Third Parties utilizing Kisan Sarathi APIs must submit an undertaking that they agree to the following terms regarding consent, limitations, redistribution, compliance with law, correctness of data, and contact information.

8.1 Consent

Any application (API/ No-code web page integration client) developed by Third Parties that uses Kisan Sarathi APIs to access and collect data from Kisan Sarathi, should ensure that it cannot access and collect personal data except as provided in the guidance issued by the ICAR and DIC. Wherever personal data is collected, consent management will have to be undertaken as per the applicable laws/ privacy policy/ directions of the government issued in this regard as may be applicable.

8.2 API/ No-code web page integration Limitations

Third parties shall not circumvent or attempt to circumvent limitations which are put on webpage integration requests, number of users that can be served etc. and appropriate action in accordance with the law shall be taken in the instance of such circumvention or attempt to circumvent.

8.3 Re-Distribution

Third Parties shall not re-distribute any data that they are able to access through the API/ No-code web page integration and shall ensure that integration of all such data shall compulsorily be limited to the specific services provided by Kisan Sarathi. Under no circumstances, shall Third Parties use the data collected for any purposes other than the purposes specified herein.

8.4 Compliance with Law, Third Party Rights, and other Terms of Service

The Third Parties will comply with all applicable laws, regulations, policies, and third-party rights (including without limitation, any laws regarding the import or export of data or software, privacy, and local laws) established by the Government of India. These Third Parties will not use the APIs/ No-code webpage integration to encourage or promote illegal activity or violation of third-party rights including these “Terms of Service” with Kisan Sarathi.

8.5 Correctness of Data provided by third-party systems

Third Parties collecting data from Kisan Sarathi and displaying it to users shall be solely responsible for the correctness of such data. Any liability arising out of any data so provided shall completely rest with such third parties. Any liabilities, civil or criminal, arising out of any incorrect data shall solely lie with the concerned Third Party. Kisan Sarathi shall not be responsible for any misleading data or incorrect data displayed by the Third Parties.

9. Disclaimer

9.1. Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis.

9.2. Without limiting the foregoing, to the maximum extent permitted under applicable law, Kisan Sarathi Platform DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Kisan Sarathi Platform makes no warranty or representation and disclaims all responsibility and liability for:

• The completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content;
• Any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content;
• The deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and
• Whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.

9.3. Users are solely responsible for their actions, interactions, and contributions on the platform. The Kisan Sarathi Platform does not endorse or verify the accuracy of any user-generated content.

9.4. Users acknowledge that sharing personal data with any third party, including but not limited to usernames, passwords, OTPs, mobile number, or other login credentials, is at their own risk. Kisan Sarathi shall not be responsible for any consequences resulting from such disclosures.

9.5. The Kisan Sarathi Platform, its administrators, and affiliated partners shall not be liable for any direct, indirect, incidental, consequential, or special damages arising from user actions or outcomes. This includes but is not limited to:

• Loss of data, opportunities, or profits;
• Harm caused by reliance on platform content;
• Disruptions or errors in platform functionality;
• User interactions with other participants;
• Any unauthorized access to user accounts.

9.6. The Terms of Service shall be made available in thirteen (13) languages (English, Hindi, Assamese, Bangla, Marathi, Odiya, Kashmiri, Kannada, Tamil, Telugu, Gujarati, Nepali, Malayalam) for the convenience of our users. In the event of any discrepancy or confusion arising from the interpretation of the Terms of Service in different languages, the interpretation of the English language version shall prevail. The user acknowledges and agrees that any translations provided are for convenience only, and the English version shall govern the relationship between the user and Kisan Sarathi.

10. Limit of Liability

Kisan Sarathi shall, in no event, be liable for any indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with your use of the Platform, or for any information or materials available through the Platform including from the use of, misuse of, or inability to use the IVR call services provided by the helpline Platform, or any other Third-Party websites. Kisan Sarathi shall not be liable or responsible for any claim, damage, or loss resulting, directly or indirectly, including, but not limited to failure of electronic or mechanical equipment or communication lines, telephone, or other connection problems.

11. Hyperlinking Policy

11.1. The User acknowledges that the Platform may include hyperlinks to third-party websites. The User agrees to review and comply with the terms of use and privacy policies of these external websites before engaging with them. Kisan Sarathi is not responsible for the content, accuracy, or opinions expressed on such websites, and such websites are not investigated, monitored, or checked for accuracy or completeness by Kisan Sarathi. Inclusion of any linked website on the Platform does not imply approval or endorsement of the linked website by the Kisan Sarathi. Kisan Sarathi does not guarantee that these links will always work and has no control over the availability of linked destinations.

11.2. The User acknowledges that the use of external websites linked to or from the Platform is done at the User’s own risk. The User is subject to the terms and conditions of those external websites. The User is responsible for taking all necessary precautions to ensure that any content accessed, links clicked, or software downloaded from the Site or any external websites is free from viruses, worms, Trojan horses, defects, date bombs, time bombs, malware, or any other harmful components. Kisan Sarathi disclaims any liability for damages that may result from the User’s use of these external websites.

11.3. No prior permission is required for directly linking to the data that is hosted on the website. However, data regarding such linking must be provided to enable us to inform of any changes or updates therein.

11.4. The pages belonging to Kisan Sarathi must load into a newly opened browser window of the User.

12. Termination/Blocking/Restriction of Account

12.1. Kisan Sarathi platform reserves the right to terminate or block user accounts in the event of violations of the Terms of Service and Privacy Policy. Such violations include, but are not limited to breaches of the code of conduct, copyright policy, mandates of account registration, etc.

12.2. Kisan Sarathi reserves the right to suspend or terminate your access to the services or deactivate your Kisan Sarathi Account if required to do so to comply with a legal requirement or a court order.

12.3. Kisan Sarathi reserves the right to block/restrict certain functionalities for users below the age of 18 years. Such Users shall be notified of the details of restricted/blocked functionalities.

13. Deactivation of Account

If a User remains inactive on the Platform for five (5) consecutive years, their account will be deactivated to ensure data security and platform integrity. During deactivation, the account will no longer be accessible or usable by the user, but the associated data will be retained in accordance with Our data retention policies as per Our Privacy Policy. Users may contact customer support for further assistance regarding account status or reactivation options.

14. Violation of the Terms of Service

Kisan Sarathi reserves the right to investigate any alleged or suspected violations of these Terms of Service. If a breach is determined, Kisan Sarathi may take appropriate legal actions, which may include, but are not limited to, the temporary suspension of user privileges, the removal of content that is deemed offensive or in violation of these terms, the blocking of user accounts, and the restriction of access to the site. These measures are taken to maintain the integrity and safety of the site and its users.

15. Indemnity

The User hereby agrees to indemnify and hold the Platform harmless from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with access to or use of the Services, including data and content provided in connection therewith, breach of the Terms or applicable law, or any misrepresentation made by the User.

17. Severability

If any of these Terms/Privacy Policy should be determined to be illegal, invalid, or otherwise unenforceable, it/they shall be severed and deleted from these Terms, and all other terms and/or conditions shall remain in full force and continue to be binding and enforceable.

18. Entire Agreement

Without prejudice to your or our rights in respect of fraud or fraudulent misrepresentation, these Terms constitute the entire understanding and agreement between you and us regarding the subject matter of these Terms and supersede all prior and contemporaneous agreements and understandings between you and us regarding the subject matter of these Terms.

20. Force Majeure

Notwithstanding any provision contained in this Terms of Service, neither party shall be liable to the other to the extent that the fulfilment or performance of any terms and conditions is delayed or prevented by revolutions, civil disorders, wars, acts of enemies, strikes, lack of available resources from persons other than the parties to this Terms of Use, electrical equipment availability or failure, fires, floods, rainfall, snowfall, earthquake, natural calamity, pandemic, central, state or municipal action, statute, ordinance, or regulation or without limiting the foregoing, any other cause not within its control and which by the exercise for reasonable diligence, it is unable to prevent. If any force majeure event occurs, the affected party shall promptly give a written notice to the other party and shall use reasonable efforts to minimize the impact of such event.

22. Contact Us

Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this platform at kisansarathiteam@gmail.com.