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Terms and Conditions for Favara

Welcome to the Favara website and application. You agree to abide with and be governed by the following terms and conditions of use, which together with our privacy policy regulate Kalibroida Technology Solutions Private Limited's (Owner of  Favara) connection with you in connection to this app/website and the Services (as described below)

In the event of a discrepancy between these terms and conditions and any other instrument established between the parties hereto, these terms and conditions shall govern.

 

DEFINITIONS

The following definitions relate to the terms and conditions that regulate this order execution agreement between you and us and are set forth below:

• "We", "us", "our", "Carrier", " Favara", "Company" prefer to refer to Kalibroida Technology Solutions Private Limited (owner of  Favara), its authorized agents, employees,  and its independent contractors, as well as the organizations that bring or undergo to carry the Order placed by using Favara website or application herein in or perform any other ancillary services on its behalf.

• "You", "your", and "consignor" refer to the sender, consignor, or consignee or customer or farmer or client of the Order placed by using Favara website or application, the holder of this Order placed by using Favara website or application Note, the recipient and owner of the contents of the Order placed by using Favara website or application, or another party with a legal interest in those contents, as applicable.

 

"Services" refers to  Favara's technology-based services that enable the following:

 

o To  buy the drone services, to buy and sale drone as a product,  hire drone and hire pilot and all drone related services  by Customers for a moment in time service or for a time-and-usage-based service  using the internet and/or mobile telecommunications devices;

o Customers' buying services, products or can hire a service ;

o Other services that  Favara may from time to time introduce.

o "Favara Drones" refers to and encompasses all operations and services performed by us in connection with the Order placed by using Favara website or application.

o "Applicable Law" refers to all laws, statutes, ordinances, guidelines, notifications, policies, rules, bye-laws, regulations, directions, directives and orders or other governmental limitations or any particular aspect of decision of, or dedication by, or any explanation, management and other pronouncements having the force of law of the Republic of India and any other applied jurisdiction by state,  court, tribunal, municipality, government, ministry, department, etc.

 

USER(S) ELIGIBILITY

User(s) refers to any individual or business entity/organization that legally operates in India or another nation, uses and is authorized to use  Favara's services. It is explicitly stated that our Services and products are only provided to those individuals and business entities/organizations who can make legally binding contracts in accordance with the Applicable Law. An individual must be at least 18 years old to be a User and eligible to utilize our Services.

Favara informs its users that they must adhere to the applicable laws when using the website or android application or ios application or any other  Drones platform.  Favara is not responsible for any potential consequences resulting from your behavior or actions while using this website of application.  Favara may, at any moment and in its sole discretion, refuse service to anyone.

 

USER(S) AGREEMENT

This agreement applies to visitors, registered - free users, farmers and paid users who access the website or android application or ios application for whatever reason. It also applies to any legal entity that you may represent under apparent or actual authority. This website may only be utilized for personal or internal reasons.

This agreement applies to all Favara Services or products available on the website, along with any supplementary terms and conditions applicable to the specific service used/accessed by the user (s).

In the event of a dispute or disagreement between any provision of these terms and conditions and the terms and conditions applicable to the individual service, the terms and conditions applicable to the particular service shall govern.

 

AMENDMENT TO USER(S) CONTRACT

Favara may change, modify, amend, or update this agreement at any time, with or without prior notice to the user(s), and the amended and restated terms and conditions of use shall take effect immediately upon posting. If you do not comply with the modifications, you must cease using the service or products. Your continued use of the Services will represent your assent to the modified terms and assent to the updated Agreement. In addition, User(s) shall be bound by any modifications made to any policy or agreement referenced in these Terms of Service.

 

RIGHTS TO INTELLECTUAL PROPERTY

Favara is the exclusive owner or authorized licensee of all website, android application, ios application and content rights. Web site content means its design, layout, text, photos, graphics, sound, video etc. The website contains trade secrets and intellectual property rights protected by copyright and other international laws. All title, ownership, and intellectual property rights remain with  Favara, its affiliates, or the licensors of  Favara content, as applicable.

All rights not expressly granted in this agreement or by Favara.in are reserved. This website is exclusively designed to give general information for the personal use of the reader, services offered and product information.  who assumes full responsibility for its application.  Favara does not represent or endorse the accuracy or reliability of any information or advertisements (collectively "content") contained on, distributed through, or linked, downloaded or services offered or product on sale or hiring or rental services, accessed from any of the services contained on this website, or the reliability of any products, data or other materials showcased, or acquired by you as a consequence of an advertisement or any other details or offer in or in associated with the Service or products.

We assume no liability for any errors, omissions, or outcomes derived from the use of this information. This website's favara.in and favara drones android/ios applications contents are provided "AS IS" with no guarantee of completeness, accuracy, timeliness, or of the obtained results from the use of this information, even without guarantee of any sort, express or implied, containing, but not limited to, warranties of effectiveness, merchantability, and fitness for a specific purpose. Nothing contained herein shall in any way replace the user's independent research and sound technical and commercial judgment (s).  Favara.in or Favara Drones android application or Favara Drones ios application shall not be liable for any direct, indirect, incidental, accidental for living or non-living things, punitive, or consequential damages of any kind relating to the services or product purchased or hired from Favara.in or Favara Drones android application or Favara Drones ios application platforms.  Favara.in or Favara Drones android application or Favara Drones ios application platforms does not have any control on electronics parts or products or services offered or any chemical composition used for agricultural spraying services on platform in case if products sold or services offered by platform behaved improperly and if any damage happen to living or non-living things or any demise happen Favara.in or Favara Drones android application or Favara Drones ios application platforms shall not be liable for any compensation or adjustments. The user(s) of this website must accept that they rely on any content at their own risk. While login when user click on checkbox means user is accepting and agreeing for all terms and conditions.

Favara retains the right, at its sole discretion and without obligation, to correct any errors or omissions in any aspect of the Service or the app/website.

 

Trademark

All connected icons and logos are registered trademarks, trademarks, or service marks of  Favara in various jurisdictions and are protected by copyright, trademark, and other proprietary laws. Copying, modifying, using, or publishing these trademarks without authorization is strictly prohibited.

 

Copyright

All content on this website is owned by  Favara brand name under legal entity  Kalibroida Technology Solutions Private Limited , with the exception of third-party content and links to third-party websites.

It is prohibited to retrieve  Favara.in or Favara Drones android / ios application content systematically for the purpose of creating or compiling, directly or indirectly, a collection, compilation, database, or directory (whether through robots, spiders, automatic devices, or manual processes) without written permission from  Favara.in or Favara Drones android / ios application.

In addition, it is illegal to use the content for any purpose that is not expressly permitted by this Agreement, and doing so may result in legal action. As a condition of your access to and use of  Favara's Services, you undertake not to violate the intellectual property rights of  Favara or any third party in any way.   Favara or Favara Drones android / ios application reserves the right to terminate the account of a user(s) upon any infringement of the rights of a third party in connection with the use of the  Favara service, or if  Favara believes that user(s) conduct is harmful to the interests of  Favara, its affiliates, or other users, or for any other reason in its sole discretion, with or without cause. You shall indemnify brand name Favara or Kalibroida Technology Solutions Pvt. Ltd. for any damages or expenses incurred by  brand name Favara or Kalibroida Technology Solutions Pvt. Ltd. as a result of any violation of  Favara's  or Kalibroida Technology Solutions Pvt. Ltd. ‘s intellectual property rights, without limiting  Favara's or Kalibroida Technology Solutions Pvt. Ltd. ‘s  right to pursue legal action against you.

 

Links TO THIRD-PARTY WEBSITES

Links to third-party sites are given as a courtesy to users, and  Favara has no control over such sites, including their content and resources.

 Favara may provide users with access to content, products, or services offered by third parties via hypertext links (in the form of words, banners, channels, or otherwise) to the third party's website. Before accessing such sites, you are advised to read their terms and conditions and/or privacy policies so that you are informed of the terms and conditions of your use.  Favara believes that user(s) acknowledge that  Favara has no control over such third party's site, does not monitor such sites, and is not responsible or liable for such third party site, or any material, products, or Services made available on such a site. User(s) shall study  Favara's Privacy Policy and comply with  Favara's Privacy Policy at the time of engagement with  Favara, with respect to and concerning any information and data.

 

TERMINATION

The majority of the site's material and several of its features are accessible to visitors without payment.  Favara retains the right to terminate access to specific areas or functionalities of the website at any time and for any reason, with or without prior notice.  Favara retains the right to deny specific users access to any/all of its services without prior notice/explanation in order to safeguard its own interests and/or the interests of other site visitors.  Favara maintains the right to limit, deny, or create different access to the website and its services for various users, as well as the right to modify existing features or introduce new features without prior notice.

 

TERMS & CONDITIONS FOR USE OF OUR SERVICE

The following Terms and Conditions shall apply to consumers using the Company's Services to buy the drone services, to buy and sale drone as a product,  hire drone and hire pilot and all drone related services or individual Favara Drone users:

The customer shall pay the fare (as agreed), order fees or advance or any fee or levy presently payable or hereafter imposed by the Applicable Law or necessary to be paid in order to use Favara's services or products.

The parties agree and acknowledge that the use of the Company's services is at the customer's sole risk, and further acknowledges that the Company disclaims all express and implied representations and security of any kind.

The customer is responsible for ensuring he or she does not engage in any of the following behaviors while using the service:

• Contaminating or causing damage to the product or drone services provider

• Misusing, soiling, or damaging any technical or non-technical product or services offered by Favara.

• When a customer or farmer utilizes the services of Favara Drone, the farmer is prohibited from engaging in any activities that could have adverse effects on people's health, soil health, or the environment. It's important to note that Favara Drone is a drone service provider and does not possess knowledge of the fertilizers, pesticides, or any chemical compositions used for crop or soil spraying. Consequently, the customer bears sole responsibility and accountability for the use of any fertilizers, pesticides, or chemical compositions on crops. In the event of mishaps, accidents, or allegations arising from such matters, the customer will be held responsible.

• Additionally, customers must ensure that no minors are present in the vicinity of the drone flying area, and all individuals should maintain a distance of at least 150 feet from the drone. Favara Drone Company will not be held responsible for any accidents that may occur, as the remote sensors of the drone may occasionally behave unpredictably and go out of control.

• Favara is just a service provider or product seller or hiring service or rental service aggregator platform such as favara.in website or favara drones android/ios application platform hence the user must follow the all the rules and regulation mentioned by Ministry of civil aviation notification, New Delhi issued on 26th January, 2022 (Certification Scheme for Unmanned Aircraft Systems) and favara.in website or favara drones android/ios application platform not liable or responsible for any violation of rules and regulation mentioned by Ministry of civil aviation notification, New Delhi issued on 26th January, 2022 (Certification Scheme for Unmanned Aircraft Systems).

The Company shall be allowed to reveal to all businesses within its collective, or any government body as so needed by the Applicable Law or by guideline or demand from any government body, the specifics of the Customer in its possession in any manner it deems fit or if it believes it to be in its best interests to do so.

The Company reserves the right to cancel the reservation of any  Favara Drone made by the Customer at any time and without explanation. The user(s) shall indemnify  Favara for all fees incurred in connection with this booking.

In the event of missing items during association with Favara, the Company will make "reasonable efforts" to locate them, but is not liable in the event of loss, damage, theft, or misappropriation to / of the same.  Favara aggregates the drones in order to provide the Services. User(s) shall not be permitted to withhold payment from  Favara in the event of loss of any item. In addition,  Favara reserves the right, in accordance with the Applicable Law, to exercise particular lien over the Order placed by using Favara website or application until full payment is made to  Favara for the Services if any payments from the User to  Favara remain outstanding for the period specified by  Favara in its respective invoice / statement. In addition, User(s) shall indemnify  Favara for any loss, damage, or expenditures incurred by  Favara as a result of its custody of the order placed during this period.

Within twenty-four hours of utilising the Company's drones or Services, the Customer must notify the Company in writing of any complaints regarding the Services or the usage of the Drone on support@favara.in

The Company is not responsible for the behavior of the  Favara Drone service provider. However, the Company encourages you to inform it of any grievances you may have against a driver you hired through its Services.

The Company shall have the right to add to, vary, or amend any or all of these terms and conditions at any time, and the Customer shall be bound by such addition, variation, or amendment when such addition, variation, or amendment are incorporated into these terms and conditions at Company's website at www.Favara.in or Favara Drones android / ios application on the date that Company may indicate such addition, variation, or amendment is to take effect.

The Company records all calls made to its call centre for quality assurance and training purposes. In the event that you post an inquiry on our app/website, including any enquiry pertaining to our Services, relevant fees, or Terms of Service, you hereby expressly consent to receive our responses, by telephone or email, to such queries and all connected information pertaining to our Services. For the avoidance of doubt, relevant information shall include marketing and/or commercial information. You understand, agree, and acknowledge that such information does not qualify as an unsolicited commercial communication under the Telecom Unsolicited Commercial Communications Regulations, 2007 and/or that due to the disclosure of such information, our telephone numbers do not qualify to be registered under the 'National Do Not Call Register' or the 'Private Do Not Call Register' in accordance with the Telecom Unsolicited Commercial Communications Regulations, 2007 or a successor legislation.

All cancellations made within 30 minutes of order booking assignment will incur an INR 50/- cancellation fee (Indian Rupees Fifty only). If you cancel five order booking in a single day following driver allocation, your account will be temporarily suspended for 24 hours. The data is subject to change.

 

DRONE PILOT SERVICES

Customers can utilize Drone Pilot Services "Hire Drone Pilot" on the screen of the website/app.

"Drone Pilot Services" refers to the service supplied by Drone Pilot in which Drone Pilot is responsible for the order execution placed on the platform Favara website or application of products.

The term "Drone Pilot" refers to the drone's driver and any user or customer who is there. The Customer agrees to the following terms and conditions by activating the "HIre Drone Pilot"  on the Website/review App's screen or by utilizing the Drone Pilot Services. In addition to the terms and conditions applicable to customers for Drone rental, the following terms shall apply:

• You acknowledge that the Drone Pilot Service is only provided for execution of order placed and instruction given by company

• You agree that the ground movement (the distance between the pilot staying arrangement  and drone service execution address) must not exceed 10 KMs.

• You acknowledge that the additional charges (as shown on the Invoice) for the Drone Pilot Service are your responsibility.

• You agree to be present in person during the execution of service or order placed by using Favara website or application.

• You agree that  Favara is not accountable for the misbehavior of the Drone Pilot or Favara Drone service provider throughout the order execution process.  if you are unavailable or any deviation of order places please report the update to Favara support call center number and send email to support@favara.in. However, you are required to bring such instances to the attention of the Company. The Company may respond in such situations at its own discretion.

 

CONFIDENTIALITY

The user(s) shall not disclose to a third party any information obtained pursuant to the service agreement with  Favara. Access to any information pertaining to  Favara's business shall be kept confidential to the extent that it could harm  Favara's business. The user shall indemnify  Favara for any loss of business or reputation caused by the user's actions (s).

DISCLAIMER

Mobile technology is used to continuously track all Company-registered Drone for security purposes alone. It is hereby made abundantly apparent that the Company neither owns nor employs any Favara Drone  or Drone Pilot for order execution of Order placed by using Favara website or applications. Drone and Drone Pilots are all provided by third parties, and they  are on their own. The company disclaims any and all liability in regards to the Drone Pilot, Drone, goods, any material or products or documents or liquid or solid or non-living items carried during Favara Drones, and the Drone. The Company is permitted to utilize customer information for marketing reasons. The Company may send regular SMS notifications to registered cell phone numbers.

YOUR ACCEPTANCE OF OUR CONDITIONS AND TERMS

Whether or not you have signed the front of our Order placed by using Favara website or application note, you accept our terms and conditions outlined in the Order placed by using Favara website or application.  While login when user click on checkbox means user is accepting and agreeing for all terms and conditions. In addition to our employees, directors, and agents, anybody we engage or subcontract to collect, Favara Drones, or execute your order or perform other Services may invoke our terms and conditions. Only one of our authorized executives may agree in writing to a change to these terms and conditions. When you offer us oral or written directions for the order execution that clash with our terms and conditions, we are not bound by them.

 

YOUR OBLIGATIONS

o You warrant, undertake, and guarantee to us that:

o The contents of the Order placed by using Favara website or application (including, but not limited to, weight and number of items) have been accurately described on our Order placed by using Favara website or application note and that the Order placed by using Favara website or application Note is complete in all respects and that the documents as required for the Favara Drone using of the Order placed by using Favara website or application, including invoices and permits, are enclosed with the Order placed by using Favara website or applications.

o That all statements, information, and documents provided by you relating to the Order placed by using Favara website or application will be true and accurate, and you acknowledge that if you make a false or fraudulent statement about the Order placed by using Favara website or application or any of its contents, you risk a civil claim and/or criminal prosecution, with possible forfeiture and sale as penalties. You agree to indemnify and hold us harmless against any claims brought against us or our representatives based on the information you give.

o We are permitted to deliver the products to the address listed on the Order placed by using Favara website or Favara Drones application Note, and it is explicitly acknowledged that we shall be decisively believed to have delivered the items in line with the terms of this agreement. We will send delivery confirmation through SMS/email; a lack of response within 24 hours will constitute acceptance of delivery. Incase users order execution address situated in remote location where in airport connectivity is not available within 100kms of radius from order execution area in such case service dealy may happen and user is agreed for the same.

o You have accurately disclosed the execution address and you will provide any landmark for the same.

• You understand, agree, and acknowledge that the Services are not appropriate for Favara Drone valuables such as cash, gold, silver, diamond, precious stones, jewelry, expensive luxury products, etc. ("Valuables"). If you hand over / load the Drone with Valuables for Favara Dronesation, any loss / damage / theft / misappropriation to / of the Order placed by using Favara website or application shall be at your risk and not ours, for the reasons stated previously and without bias, we shall not only are the right to actually specifically and particularly disclaim any liability and/or commitment emerging from the loss / damage / fraud / misallocation to/of the order placed or any contents of the Order placed by using Favara website or application,

• You consent to indemnify us and hold us innocuous from any obligations we may suffer or any costs, destruction or expenditure, along with legal fees, we incur as a result of your breach of any of these warranties, representations, and assurances, even if we accept a order placed that violates any of your obligations accidentally.

• You affirm that any statements and information you supply regarding the order placed's conveyance will be true and accurate. You accept that if you make false or fraudulent statements concerning the Order placed by using Favara website or application or any of its contents, you risk a civil claim and/or criminal prosecution, as well as the seizure and sale of your Order placed by using Favara website or application. Insofar as we may willingly assist you in fulfilling customs and other processes, we do so at your entire risk. You agree to indemnify and hold us blameless from any claims that may be brought against us as a result of the information you submit to us, as well as any costs we incur as a result, and to pay any administration fee we may charge you for delivering the Services outlined in this condition.

• The customer agrees and acknowledges that the use of the Company's services is at the customer's sole risk and that the Company disclaims all representations and warranties of any kind, whether express or implied, as to condition, suitability, quality, merchantability, and fitness for any purpose, to the maximum extent permitted by applicable law. Without limiting the preceding, the Company makes no representations or warranties regarding:

o The Services satisfy the customer's specifications.

o The Services shall be uninterrupted, delivered on schedule, secure, and free of errors.

o Any commitment or obligation for any injury or damage, and however caused or struggled by the Customer emerging out of the use of Services provided by the Company or due to the the Company's inability providing Services to the Customer for any reason whatsoever, such as limited to the Customer's non-compliance with the Services' recorded voice instructions, breakdown, incomplete or complete failure of any network terminal,  computer tele-transmission, data processing system, or computer tele-transmission equipment.

o Any claims for negligence of any kind resulting from the use of the Company's service, including, but not limited to,indirect, incidental,  direct, punitive, and catastrophic damages.

o Any additional or extra fees for remote areas, as well as toll fees.

o Any additional or extra fees for remote areas, as well as toll fees.

• You've complied with all applicable laws.

?     Circumstances beyond our control, including but not limited to: Acts of God, such as earthquakes, cyclones, storms, flooding, fire, sickness, fog, snow, or frost, and other natural calamities or disasters or internet connectivity or electric current unavailability.

?     Force majeure, which includes (but is not limited to) war, epidemics, pandemics, accidents, acts of public enemies, strikes, embargoes, perils of the air, local disputes or civil commotions, Favara or Pilot's sudden health issue situations such as heart attack or any similar health condition that disables Favara or Drones application from performing service.

?      Latent faults or inherent vices in the order placed's contents.

?      Third-party criminal crimes such as theft and arson.

?     Your acts or omissions or those of third parties, including: You breaching (or any other person claiming an interest in the order execution you to violate) your responsibilities under these terms and conditions.

o The contents of the Order placed by using Favara website or application comprising any item that is a banned item / Hazardous Goods / Valuables, regardless of whether we mistakenly accepted the Order placed by using Favara website or application or you voluntarily gave it over to everyone without informing / informing / reporting it to us.

 

DANGEROUS GOODS / SECURITY 

• Dangerous Goods

o We do not perform other Services pertaining to goods that, in our sole opinion, are Dangerous Goods

o We may, at our discretion, accept certain Dangerous Goods for order execution or for the performance of other Services in certain places provided you have been granted the status of an approved customer, which must be communicated to you in writing prior to the acceptance of your order placed. Your Dangerous Goods will only be accepted if they conform with the relevant regulations and our specifications. Details on our requirements and the application process for approved client status are available at our local office, and you will be charged a dangerous goods surcharge upon acceptance of your drone services.

• We only accept order if you declare the nature and value of the order ("said to contain" basis). We assume no responsibility for the accuracy of the property's description, kind, or valuation, and you agree to indemnify us and keep us blameless from any claims that may be brought against us arising out of or pertaining to the declaration you submit, as well as any costs we incur as a result.

 

REJECTED DELIVERIES

If the recipient declines to accept delivery, we will attempt to contact you to discuss the next steps, if necessary. You agree to pay any costs we incur in forwarding, disposing of, or returning the order placed, as well as our fees (if applicable) for the agreed-upon next step.

If user(s) terminates the agreement with Favara with regard to any Order placed by using Favara website or application, user(s) shall be responsible for paying  Favara any fees and other expenses incurred with regard to such Order placed by using Favara website or application.

 

CLAIMS BROUGHT BY THIRD PARTIES

You agree not to permit any other person with an interest in the Order placed by using Favara website or application to bring a claim or action against us arising from the execution, even if we were negligent or in default, and if a claim or action is made, you will indemnify us against the consequences of the claim and the costs we incur defending it. 

The terms and conditions of use and/or Agreement and the Privacy Policy constitute the entire agreement between the User(s) and brand name Favara belongs to legal entity Kalibroida Technology Solutions Private Limited with respect to access to and use of the website and the Services offered by  Favara, superseding any prior written or oral agreements relating to the same subject matter herein.

GST

• The Invoice will be subject to GST, if applicable; • All information will be evaluated prospectively only.

• Under no circumstances will invoices be changed retroactively due to a delay in delivering information on GST registration.

• Taxes on the reverse charge mechanism shall be paid by the recipient of services, if applicable.

GOVERNING LAW AND JURISDICTION

These Terms of Service shall be governed and construed in accordance with the laws of India, without respect to conflict of law principles. Any disputes, disagreements, or claims arising out of or relating to these Terms of Service or any Services supplied by us pursuant to these Terms of Service shall be subject to the exclusive jurisdiction of the courts of [Pune].

 

DISCLAIMER

The content provided on this website favara.in and inside the Favara Drones android / ios applications is for informational purposes only. We make no portrayals or guarantees of any kind, either express or implied, regarding the comprehensiveness, precision, durability, suitability or availability with respect to the website/application or the information, products, services, or related graphics enclosed on the website/application for any purpose. Therefore, any reliance you place on such material is completely at your own risk.

In no circumstances shall we be liable for any loss or damage, including, without restriction, indirect or compensatory loss or injury or any harm or loss whatsoever arising from loss of data or profits resulting from or in connection with the use of this website / application .

Through this website / app, you can access third-party websites that are not managed by Favara. We have no control over the availability, nature, or content of those websites. The inclusion of links does not necessarily constitute a recommendation or an endorsement of the content they contain.