These terms and conditions (“Terms & Conditions” or “TCS”) govern the use of the mobile applications – “KIREAP Farmer”, “KIREAP Logistic”, “KIREAP Offtaker” (“Apps”), the Logistics Provider partner portal, as is relevant for each category of Users (defined below) including the Products Section of each App and/ or the website [https://kireap.com/ ] (hereinafter separately or collectively referred to as the “Platform”). These Terms may be made available in multiple languages, including Hindi, for convenience. In the event of any inconsistency, conflict, or ambiguity between the English version and any translated version, the English version shall prevail.
Kireap Technologies India Private Limited, a company incorporated under the laws of India having its Registered Office at ’17, 6th Main, 5th Cross, chamundeshwari nilaya, Begur Main Road, Hulimavu, Bengaluru, Bengaluru Urban, Karnataka, 560068′ (hereinafter shall be referred to as “Company”, “Us”, “We” or “Our”) are the operators of the Platform.
“User” or “You” shall mean any person registered on the Platform i.e., either as 1) a farmer (“Farmer” or “Seller”), 2) a (usually closely located) logistics provider (“Logistics Provider“) or 3) a buyer (“Buyer” or “Offtaker”) (altogether also referred to as “Users“) (see in more detail provisions for each participant category later). The Platform envisages to empower farmers and closely located logistics providers to conduct a profitable global business, optimize supply chains, provide full online traceability of deliveries and to foster sustainable development.
The Terms are an ‘electronic record’ in terms of the Information Technology Act, 2000 and rules made thereunder as applicable. The Terms are (i) published in accordance with the provisions of Rule 3(1)(a) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 and (ii) generated by a computer system and does not require any physical, electronic, or digital signatures by the Company.
Before You use or register on this Platform, please read these Terms & Conditions and Our Privacy Policy carefully. Through Your affirmative action in clicking on the check box and on the ‘I Accept’ button while registering or availing any Services (defined below) on the Platform, You agree to be bound by the TCS. The TCS apply together with Our Privacy Policy, which governs explicitly the processing of Your personal data if You access and use the Platform. You hereby further agree that the TCS are being concluded and executed electronically, and You shall not claim invalidity of these Terms merely on the grounds that it is being concluded electronically. If You disagree with any part of these TCS or are not willing to be bound by the TCS and/or any rules and policies as displayed on the Platform, please do not accept the TCS nor use or access the Platform. These TCS and the Privacy Policy shall be read and construed harmoniously.
These TCS do not apply to any browsing, accessing or transacting by You on any third-party platform, that You may access through this Platform or in connection with the Services offered on the Platform, or otherwise. Such platforms/ websites may be governed by its own set of terms and policies that We encourage You to determine and read.
Please read the TCS carefully before accessing and using Our App resp. Platform or any part thereof.
These Terms and Conditions form a legal and binding agreement between the User and Us.
1. KIREAP’S OFFERING/SERVICES
You acknowledge that the Platform allows You to avail certain Services through the Platform as has been set out in this section (collectively referred to as “Services”), and subject to these TCS:
1.1. Applicable for all Users
(i) Access to the Platform: The Company provides You a limited, non–exclusive, non–transferable, non-sublicensable, non-assignable, royalty free license to use the Platform for the purposes of registering on the Platform, accessing the Content (as defined below in Section 16), and availing the Services as set out in this Section 1, depending upon the nature of Your use. The Services, including any updates, enhancement, new features, and/ or the addition of any new platform, are subject to these TCS.
(ii) All Services are provided to You on a principal-to-principal basis between You and the Company. Nothing herein is intended to nor be construed to constitute the relationship of a principal and agent, employer and employee, partners, joint venture, co-owners or otherwise as participants in a joint undertaking or representative of the other for any purpose whatsoever.
(iii) The Company may, at its discretion, add, modify, or remove any of the Services listed above from time to time without special notice to You, unless required under applicable laws.
1.2. Buyers
(i) If You are a Buyer, then You may submit an inquiry (“Inquiry”) for a desired quantity of agricultural goods on the Platform (through the Offtaker App). Upon submission of an Inquiry, the Platform will display an offer price in real time (“Price”), determined through automated algorithms that take into account various relevant variables. For the avoidance of doubt, the Price is generated solely by the Company via the Platform, and You as the Buyer will not negotiate pricing directly with Farmers. You may accept or reject the displayed offer. If You accept the offer, You may proceed to create a provisional order through the Platform (“Provisional Order”).
(ii) Upon creation of the Provisional Order, Your request will be matched with the stock available in Our database within the time window indicated on the Platform and, provided that there is a corresponding match, We will organize pickup from a suitable Farmer and delivery from a suitable Logistics Provider . You will then be prompted and redirected to a third party payment service provider to make a token advance payment. Upon successful receipt of such payment, the Company shall thereafter procure the produce from the Farmers and arrange delivery to the location as specified by You. You understand and agree to periodically check and monitor the confirmation status and delivery dates on the App and take appropriate action as required on the App at that stage. In the future, if feasible, You will receive a confirmation from Our side to confirm availability (if given) and estimated delivery dates (which are only estimations and not legally binding). For the avoidance of doubt, the responsibility to monitor the App and take timely action shall remain solely with You.
(iii) Upon arrival of the shipment at the delivery location, You shall complete verification and quality checks in the manner enabled on the Platform. Upon completion of delivery and confirmation on the Platform, You shall make the final payment to the Company via the Platform in accordance with the payment terms as displayed on the Platform.
(iv) In the event You reject a consignment in whole or in part due to quality or other agreed parameters (in accordance with Clause 8.4 of these TCS), You shall record such rejection on the Platform. Any adjustment to the Price payable by You arising from such rejection shall be processed by the Company through issuance of a credit note or adjustment against future transactions on the Platform. No cash refunds shall be issued unless expressly agreed otherwise in writing by the Company.
(v) Nothing in these TCS obligates You to accept a Price or create a Provisional Order. Similarly, creation of an Inquiry does not guarantee availability of supply or logistics.
1.3. Farmers
(i) If You are a Farmer, You may receive order requests from Our side, in which You may accept or reject within the time window indicated on the Platform. In the event You accept, You will first have to confirm if the requested goods are available in the requested quantities at Your farm. You shall also upload photographs of the produce on the Platform in the manner indicated. Once You confirm availability, You will need to confirm and undertake in a binding manner that the respective goods ordered will be made available at the specified time for pick up by a Logistics Provider chosen by Us. You further confirm that, the goods will upon delivery, correspond to the generally expected features of such goods and are fresh and free from spoilage, and shall be made available for inspection and quality verification at the time of pickup.
(ii) You shall deliver produce to the designated collection center and pack the produce in the manner indicated on the Platform. Upon arrival of the Logistics Provider, You shall confirm handover of the produce by scanning the relevant QR codes and completing the confirmation process enabled on the Platform.
(iii) Upon successful confirmation of pickup on the Platform, the Company shall initiate payment to You for the produce supplied, in the manner and timeline indicated on the Platform.
(iv) Nothing in these TCS requires You to supply produce exclusively through the Platform or to accept any particular offer.
(v) The Company may verify the quality of produce at the time of pickup in accordance with parameters displayed on the Platform. Once produce has been accepted and picked up, the Company assumes responsibility for the produce. Any subsequent rejection by a Buyer shall not affect Your right to receive payment for produce already collected in accordance with these TCS.
1.4. Logistics Providers
(i) If You are a Logistics Provider, You may receive driving and pick-up requests from Our side through the Platform, in which case, You will first have to confirm if You are available for pick-up and undertake in a binding manner that You will pick up the respective goods ordered by a prescribed time at the latest and deliver them to a designated point of delivery by a prescribed time at the latest.
(ii) You shall ensure that details of the vehicle and driver assigned for each pickup are uploaded on the Platform in the manner indicated. Upon assignment, login credentials will be generated for the driver to access the App.
(iii) The driver shall complete pickup and delivery confirmations through the Platform, including scanning of QR codes and completion of the verification steps enabled on the Platform.
(iv) You shall ensure that vehicles used for transport are suitable for carrying agricultural produce and that the produce is transported in a safe and hygienic manner. You shall comply with all applicable laws, permits and licensing requirements, if any, in relation to transport of goods.
1.5. What do We (KIREAP) provide?
We are facilitating the purchase and sale of agricultural goods from Farmers to Buyers with the help of associated Logistic Providers, all of which is taking place seamlessly through the Platform and administered by Us at the backend. As a Farmer, Buyer or Logistics Provider, You will not interact directly with Your counterparties, i.e., We will not disclose data gathered online from Farmers and Logistic Providers or Buyers to each other. No data is exchanged among these categories of Users. We will be in charge for administration of the order, delivery and transportation process from the Farmer to the Buyer and pay the price offered by the Farmer and resp. agreed by the Buyer to the Farmer
1.6. What do We (KIREAP) not provide?
We do not provide Our Services browser-based online currently, You may only access the Services via Our (mobile) App. We do not provide any guarantee that requested goods are available in the Buyer’s requested amount and/or requested time nor do We provide any guarantee that goods will meet the requirements, satisfaction of a Buyer. Should Buyer be dissatisfied with goods received, Buyer can notify Us and We will investigate such matter, pass it on to the Farmer or Logistics Provider (whoever is responsible) and/or ask for improvements/corrections. We may at Our sole discretion exclude Farmers or Logistic Providers from the Platform in the event of repeated complaints about non-delivery of goods or delivery of impaired/spoiled goods. We do not provide Buyers with binding delivery dates or a guarantee that the goods will reach the destination in time. Delivery dates mentioned are mere estimations. We do not provide You with the names/data of the Buyer, Farmer or Logistic Providers.
2. ELIGIBILITY AS A USER
The User of this Platform confirms and warrants that the User is a natural or legal person acting in a business capacity (if a natural person, then one who has attained the age of at least 18 (Eighteen) years) and is legally allowed to enter into a contract in India under applicable law. The User is allowed to access and utilize the Services in accordance with these TCS. We may review Your application as a User under discretionary viewpoints on sustainability.
3. YOUR USER ACCOUNT
3.1. If You wish to use the Platform, You are required to open an account on the App and for these purposes, You will be required to provide certain personal information, including Your name, postal and/or email-address, phone number and any other information that is deemed necessary by Us to identify You and help establishing an account.
3.2. You are responsible for maintaining the confidentiality of Your account credentials, including Your password, and for ensuring the security of Your devices to prevent unauthorized access to Your account. You confirm to accept responsibility for all activities that occur under Your account with Your password to the extent within Your control. You should inform Us immediately if You have any reason to believe that Your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner.
3.3. You can access and update most of the information You provided to Us on Your account area in the Apps/Platforms after You log-in or by writing to Us at privacy@kireap.com or call Us at +91/7619441562.
3.4. For the avoidance of doubt, the right to use this Platform is personal to the User and is not transferable to any other person or entity.
3.5. In the event You have registered Your phone number on the ‘Do Not Disturb’ registers with Your network provider or taken similar steps to block unsolicited calls, You might not be able to receive some of Our calls from representatives. You must then attempt to contact Us via e-mail or resp. contact Us yourself if You wish to communicate with Us.
4. USER RESPONSIBILITIES FOR ACCESS
4.1. You are required to use the Platform only for legally permissible purposes. Should We detect any illegal use of the Platform by You, We may at Our sole discretion suspend Your account and terminate Your agreement.
4.2. In order to access the App, You need an industry-conforming mobile device with a stable internet connection supplied by Your internet service provider. We are not responsible for the internet/telecommunications-based transmission of information to or from Our App resp. Platform to You. You are also required to maintain adequate IT-Security on Your mobile device. Should We gain notice that Your mobile device and the access to Our App resp. Platform could be compromised (e.g. with viruses or similar intrusive means), then, We may suspend access to Your account in order to protect Our systems until the issue with Your mobile device/system is resolved.
4.3. You are required to reasonably cooperate with Us where necessary to provide You with access and enable the satisfactory delivery of Our Services. You shall notify Us on any events regarding Your mobile device or systems that may compromise or impede Our delivery of Service to You. Should You not cooperate sufficiently with Us and should there be impairments to Services caused by this, then We will not be liable for them or any delays caused resp. such impairments or delays may persist resp. the dates will be postponed automatically for as long as You do not cooperate sufficiently with Us.
5. CHANGES OF TERMS AND CONDITIONS
We reserve the right, to change these TCS and Privacy Policy from time to time. The version of the TCS currently in effect is available here. In case of changes to the TCS, We will notify You in advance through suitable notifications. Should You not provide Your acceptance of the revised TCS and/ or Privacy Policy, We will cease provision of Services to You. We encourage You to visit the Platform from time to time to ensure that You are well informed about Our latest TCS and policies concerning personal data protection. All communications, transactions and dealings on the Platform shall be subject to the latest version of the TCS and Privacy Policy in force at the time.
For the avoidance of doubt, We remain free to conduct changes, modifications and/or improvements of our underlying technologies at any time as long as the service quality is not substantially impaired.
6. PRIVACY
We may collect certain data from You in order to provide the Services or otherwise. Our use of Your personal information is governed in accordance with the Privacy Policy available here.
7. LICENSE TO USE THE APP/PLATTFORM
We grant You a non-exclusive, non-transferable and non-sublicensable license to access and use the Platform for availing the Services on Your mobile device from anywhere in the world, but not to download any material from it (other than page caching) or modify it, or any portion of it, except with Our express written consent, and/or Our affiliates, as may be applicable. The license is limited to the duration of this agreement. Upon termination of the agreement, You may no longer use the App/Platform. Any unauthorized access to and use of the Platform or any networks, servers or computer systems connected to Platform and any attempt to modify, adapt, translate or reverse engineer any part of the Platform or re-format or frame any portion of the pages of the Platform save to the extent expressly permitted by these Terms & Conditions or mandatory law, is not permitted.
For the avoidance of doubt, the Platform or any portion of the Platform (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without Our express written consent, and / or Our affiliates, as may be applicable. The same applies to any Content provided to You through the Service which may only be used for the consumption of the Service, but not for other commercial purposes. In the event of any unauthorized use of the Platform We may terminate this license.
8. PAYMENT TERMS
8.1. PRICING AND PRODUCT WARRANTY
All the products listed on the App will be sold at the price displayed at the time of ordering, unless otherwise specified. The price confirmed at the time of Your order will be the price charged on the date of the delivery. Shipping charges if any will be displayed to You at the time of placing Your order or during the order confirmation stage. The warranty provided on the products will be specified on the corresponding product detail page. If no warranty is mentioned, the product is sold without any warranty. This does not affect any mandatory statutory rights that may apply and cannot be excluded.
8.2. PAYMENT
All payments conducted over the Platform, will be facilitated through a third-party digital payment service provider. You may be required to sign a separate agreement or agree to other applicable terms and conditions with such third-party digital payment service provider and open an account when being forwarded online to it for the first time.
We pay Farmers upon pickup, i.e., once a Logistics Provider (Driver) has selected a Farmer, reached its location, stitched goods and conducted QR Scanning, confirmed bag count & weight and completed the Pickup, Farmers will receive the final payment from the Company.
We charge Buyers when their assigned offtakers (the ones initiating offloading) have conducted a quality validation, QR Scan Check and have either accepted/rejected fully/partially the consignment in the Platform and offloading is completed.
8.3. TRANSFER OF RISK AND INSURANCE
Unless, the Farmer has specified own sale terms on his online profile, as a default rule, the risk of loss or damage to the goods shall pass from the Farmer to the Buyer in accordance with the Incoterms specified in this Agreement. Unless otherwise agreed, Section 26 of the Sale of Goods Act, 1930 (“SOGA”). For the purpose of these TCS, delivery shall be deemed to have occurred when the goods are handed over to the Buyer or to a Logistics Provider nominated by the Buyer, as applicable. Unless otherwise agreed for a specific transaction, the Farmer shall be responsible for the costs, risks, and obligations associated with the delivery of the goods until the transfer of risk occurs in accordance with this Clause.
8.4. DELIVERY AND ACCEPTANCE OF GOODS
The Buyer shall inspect the Goods immediately upon delivery and notify the Company through the Platform of any alleged discrepancies or damages (given the quick perishability of agricultural goods), together with reasonable supporting evidence. Failure to provide such notice, or acceptance of delivery without reservation shall constitute irrevocable acceptance of the goods. Any additional costs incurred post-transfer of risk, including those arising from incomplete documentation or failure to comply with the specified Incoterms, shall be borne by the Buyer. Rejection of goods shall be permitted only where there is a material and verifiable deviation from the agreed specifications or where the goods are demonstrably damaged prior to delivery. Minor or immaterial variations that do not affect the intended use of the goods shall not constitute valid grounds for rejection.
8.5. ORDER CANCELLATION
The Buyer may cancel orders provided that such cancellation reaches Our knowledge earlier than when the dispatch of goods has been organized and bindingly confirmed to Farmers and/or Logistic Providers. After this point in time, We will not process any cancellations and the Buyer must bear the involved costs.
8.6. RETURN AND REFUNDS
We do not facilitate or offer returns or refunds for ordered goods. Agricultural goods are quickly perishable and may be subject to contamination under way. For this reason, once You order and receive goods, You may not return them to Us or the respective Farmer.
9. USER WARRANTIES AND INDEMNITY
We reserve the right to recover any additional costs for re-delivery incurred by Us or Our service partners in the event that non-delivery occurs on account of a mistake by You (i.e., wrong name or address or any other wrong information).
You represent and warrant that You will use the Services provided by Us, Our affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using and transacting on the Platform.
You represent and warrant You will provide authentic and true information in all instances where such information is requested from You. We reserve the right to validate the information and other details provided by You at any point of time. If Your details turn out to be untrue (wholly or partly), then We have the discretionary right to reject the registration and block You from using the Services.
You represent and warrant that You are accessing the Services available on this App and transacting at Your sole risk and are using Your reasonable judgment before entering into any transaction through this Platform.
You represent and warrant that before placing an order, You will read the product description carefully. By placing an order for a product, You will have to agree and accept the specific conditions of sale stated in the products description.
You represent and warrant that if You notice any flaws in goods supplies in terms of quality, safety, health or hygiene, You will inform Us right away so that We can take necessary steps at Our end from a quality perspective as well as under law , if applicable and required.
You agree to indemnify and hold Us, Our affiliated and subsidiary companies, and each of their directors, officers, employees, and agents, harmless from any and all claims raised by third parties (including reasonable attorneys’ costs) that may arise from Your accessing or use of the App resp. Platform. In particular, You agree to indemnify, save, and hold Us, Our affiliates, contractors, employees, officers, directors, agents and its third party associates, licensors, and partners harmless from any and all claims, demands, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to Your access, use or misuse of the Services or of the App or Platform, any violation by You of these TCS, or any breach of the representations, warranties, and covenants made by You herein or Your infringement of any intellectual property or other right of any person or entity, or as a result of any threatening, libelous, obscene, harassing or offensive material posted/ transmitted by You on the App. We reserve the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Us, including rights to settle, and You agree to cooperate with Our defense and settlement of these claims. We will use reasonable efforts to notify You of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of these TCS.
10. MONITORING OF THE PLATFORM AND PROHIBITED USES
We have the right and liberty to monitor the content posted/shared on the Platform or any part thereof at all times, which may include information provided in Your account. The monitoring of the App / Platform is important to determine the veracity of the information provided by You and that every User acts compliant with the TCS provided herein. We may remove or restrict access to content that violates these TCS or applicable laws at any time.
For the avoidance of doubt, in addition to other prohibitions set forth in the TCS, You are prohibited from using the Platform to upload, modify, transmit, communicate or share on the Platform in any manner information that/commits an act: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any law for the time being in force; (d) belongs to another person and to which You do not have any right; (e) is obscene, pornographic, paedophilic, invasive of another’s privacy, including bodily privacy, insulting, or harassing on the basis of gender, racially, or ethnically objectionable, relating or encouraging money laundering or gambling, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence; (f) is harmful to child; (g) infringes any patent, trademark, copyright or other proprietary rights; (h) deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any misinformation or information which is patently false and untrue or misleading in nature; (i) impersonates another person; (j) 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 cognisable offence or prevents investigation of any offence or is insulting other nation; (k) contains software virus or any other computer code, file or program designed to interrupt, destroy, or limit the functionality of any computer resource; (l) disrupts or interferes with the security of, or otherwise causes harm to, the Platform, systems resources, accounts, passwords, servers, or networks connected to or accessible through the Platform or any affiliated or linked sites; (m) violates the TCS contained herein or elsewhere and/or the Privacy Policy; (n) reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform; (o) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (p) to submit false or misleading information; (q) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (r) to collect or track the personal information of others; (s) to spam, phish, pharm, pretext, spider, crawl, or scrape; (t) for any obscene or immoral purpose; or (u) to interfere with or circumvent the security features of the Service or any related website, other websites, or the internet. We reserve the right to remove any such material in its sole discretion and suspend or terminate Your use of the Service or any related website for violating any of the prohibited uses and shall have no liability or responsibility to the User(s) in any manner whatsoever. If required by mandatory applicable law, We may have to disclose certain information to the competent authorities as We deem necessary to satisfy any applicable law, regulation, legal process or governmental request, or refuse to post or to remove any information or material, in whole or in part, at the Company’s sole discretion.
11. INTELLECTUAL PROPERTY RIGHTS
We, Our suppliers and licensors expressly reserve all ownership in intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on the Platform. Access to the Platform does not confer and shall not be considered as conferring upon anyone any transfer of rights under any of Our or any third party’s intellectual property rights. All rights, including copyright, in Our Platform (including this website) are owned by or licensed by Us. Any use of this App or its contents, including copying or storing it or them in whole or part, other than for Your own personal, non-commercial use is prohibited without permission from Us. You may not modify, distribute or re-post anything on this App for any purpose. The names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Us, Our affiliates, Our partners or Our suppliers. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on the Platform. Access to the Platform does not authorize anyone to use any name, logo or mark in any manner.
References on the Platform to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to You and do not in any way constitute or imply endorsement from Us, sponsorship or recommendation of the third party, information, product or service. We are not responsible for the content of any third party websites, and We do not make any representations regarding the content or accuracy of material on such sites. If You decide to link to any such third party websites, You do so entirely at Your own risk. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Platform (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Platform for Your personal use only. The Contents and software on the App resp. Platform may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on the Platform is strictly prohibited.
12. WARRANTY OF KIREAP
12.1. Notwithstanding anything to the contrary contained herein, to the maximum extent permitted by applicable law, We and Our affiliated companies hereby exclude any and all warranties for the permanent, error-free or uninterrupted functioning of the Platform.
12.2. In particular, We make no representations or warranties about the accuracy, reliability, completeness, current-ness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Platform or that the operation of the Platform will be error free and/or uninterrupted. We assume no liability for any monetary or other damage suffered by You on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Platform; and/or any interruption or errors in the operation of the Platform. It is up to You to take technical precautions to ensure that whatever You select for Your use is free of such items as viruses, worms, malware, Trojan horses and other items of a destructive nature. We make no representations or warranties regarding the accuracy, completeness or suitably of User-provided information, services or third party products provided via the Platform.
12.3. If and to the extent that We would include additional software-based, AI-based models, large language models, algorithmic systems or big data-analytics-based features into Platform (such as e.g. weather forecasting, satellite sensing, multispectral imagery of crop, historical data- or other predictive analytics or logistics optimization), then such services are all offered with no warranty of accuracy or success whatsoever. You will use such services at Your own risk. You acknowledge and agree that the Platform does not permit, and You shall not use the Platform or any AI system to host, display, upload, modify, publish, transmit, store, update or share any information or content that is prohibited under any applicable law, including content specified in Clause 10 of these TCS. You agree to use the Platform and AI systems only for lawful purposes and in compliance with these TCS.
12.4. The Company shall take reasonable efforts to ensure that the Platform, including any AI systems deployed on or through that Platform, do not intentionally facilitate bias or discrimination against any person or group or threaten the integrity of electoral processes. You agree not to use the Platform or any AI systems in a manner that promotes any bias or discrimination or threatens the integrity of the electoral process.
12.5. Where We make available AI features that are experimental, under-tested or subject to known limitations, We may display notices or consent prompts informing You of possible unreliability of outputs. By continuing to use such AI features, You acknowledge and accept these limitations.
12.6. YOUR ACCESS OR USE OF THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE FURTHER MAKE NO WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TCS.
12.7. YOU FURTHER AGREE THAT NEITHER WE NOR THIRD PARTY SERVICE PROVIDER NOR ANY OF THEIR AFFILIATES, ACCOUNT PROVIDERS OR ANY OF THEIR AFFILIATES WILL BE LIABLE FOR ANY HARMS, WHICH LAWYERS AND COURTS OFTEN CALL AS DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF COMPANY OR SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE / PLATFORM; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES, (iii) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICE; EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; OR (vii) ANY OTHER MATTER RELATING TO THE SERVICE.
13. PLATFORM FUNCTIONING AND REGULATORY COMPLIANCE
13.1. The Platform does not operate as an auction site or bidding platform. Prices for goods listed or transacted on the Platform are not determined through bidding or auction conducted on the Platform.
13.2. Prices displayed or agreed for goods on the Platform are determined through automated systems based on predefined parameters and market data. The Company does not ordinarily manually intervene or manipulate price determination for individual transactions, except where necessary to the extent required to correct any technical errors or operational issues.
13.3. The points of collection, pick up, delivery and storage and other operational activities facilitated through the Platform are undertaken in accordance with applicable laws and prevailing trade practices, unless otherwise expressly specified for a particular transaction.
13.4. To the extent any transaction facilitated through the Platform involves trading of notified agricultural produce in areas subject to applicable state agricultural marketing laws, the Company shall comply with the applicable regulatory requirements and obtain such registrations, licences or approvals as may be required from time to time. The Company does not encourage or facilitate trading in contravention of applicable laws.
13.5. From time to time, the Company may facilitate storage of goods in warehouses owned, managed and operated by independent third party service providers under valid and subsisting contractual arrangements. The Company does not assume responsibility for the operation, maintenance, safety, regulatory compliance, or statutory obligations of any such third-party warehouse operator. Any compliance, licensing, insurance, safety, labour, or other statutory requirements applicable to such warehouse operations shall be the sole responsibility of the relevant third-party warehouse operator. To the extent permitted under applicable law, the Company shall not be liable for any loss, damage, delay, or non-compliance arising from acts or omissions of third-party warehouse operators.
14. LIMITATION OF LIABILITY
To the furthest extent possible under applicable law, We hereby exclude any and all liability towards You. In particular, We shall have no liability to You or to any third party for any indirect or consequential damages, including lost profits or revenues. Our liability for damages caused by slight negligence is excluded. In all other cases, Our liability is limited to the extent permitted by mandatory law.
15. ADVERTISERS/ THIRD PARTY LINKS ON THE PLATFORM
We accept no responsibility for advertisements contained within the Platform or any part thereof. We have no control over and accepts no responsibility for the content of any website or mobile application to which a link from the Platform or any part thereof exists. Such linked websites and mobile applications are provided “as is” for User’s convenience only with no warranty, express or implied, for the information provided within them or the veracity thereof. We do not provide any endorsement or recommendation of any third-party website or mobile application to which the Platform or a part thereof provides a link.
16. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at Our request, You send certain specific submissions (for example contest entries) or without a request from Us, You send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), You agree that We may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that You forward to Us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
You agree that Your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right and will be in compliance with Clause 10 of these TCS. You further agree that Your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than Yourself, or otherwise mislead Us or third-parties as to the origin of any comments. You are solely responsible for any comments You make and their accuracy. We take no responsibility and assume no liability for any comments posted by You or any third-party.
You are granting to Us and Our service providers the right to use any information, data, passwords, materials or other content (collectively, “Content“) You provide through in order to perform Our Services. Company and service provider of Company may use, modify, display, distribute and create new material using such Content to provide the Service to You. We may also use, sell, license, reproduce, distribute and disclose aggregate, non-personally identifiable information that is derived through Your use of the Service. By submitting Content, You automatically agree, or promise that the owner of such Content has expressly agreed that, without any particular time limit, and without the payment of any fees, We and Our third party service provider may use the Content for the purposes set out above. As between Us and third-party service provider, Company owns Your confidential account information.
17. ACKNOWLEDGEMENTS
You acknowledge that the use of the products or Services is entirely based on the wisdom of the Users and neither We nor Our affiliates, contractors, employees, officers, directors, agents and its third-party associates, licensors, and partners have any liability products assistance procured by or to a registered User. You acknowledge that We will not be responsible for any claim or damage in case of use of the Services or products or access of the Platform. We in no manner warrant or guarantee the performance of a third-party service provider that is providing Services through the App, if any. You acknowledge that We in no manner guarantee that the Users have provided all the information on this App, which is true and correct including his address, phone numbers etc. You acknowledge that it is Your responsibility to verify the information about the person on the Platform and We are in no manner liable if the information on Users provided on this App is untrue or incorrect.
18. APPLICABLE LAWS
Your use of this Platform and any Term & Conditions stated in this agreement is subject to laws of India. In case of any disputes arising out of the use of the Platform or any part thereof, Courts of Bangalore, Karnataka will have exclusive jurisdiction.
19. COMPLAINTS
Users have complete authority to file a complaint/share feedback if they are disappointed by Services rendered by Us through the Platform or any part thereof. They can give their complaint/ feedback in writing or by way of an email to the following:
Email: grievances@kireap.com
20. General Provisions
20.1. Notice: All notices from the Company will be served by email to Your registered email address or by notification on the Platform.
20.2. Assignment: You cannot assign or otherwise transfer the TCS, or any rights granted hereunder to any third-party. The Company’s rights under the TCS are freely transferable by the Company to any third-party without the requirement of seeking Your consent.
20.3. Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Terms, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.
20.4. Waiver: Any failure by Company to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by Company of that provision or right.
20.5. Privity of Contract: Save as otherwise expressly provided in these TCS, any person who is not a party to these TCS shall not have any rights to enforce these TCS.
Date of Terms & Conditions: 29 April 2026
