These terms and conditions (Terms) govern the use of AutoFocus Technologies PVT LTD Wiko India Platform (Wiko India) accessible as a website here, and as a mobile application here. The Terms constitute a binding and enforceable contract between the Company (defined below) and you (defined below). These Terms may be updated by the Company from time to time and the Terms, as amended, shall apply to you. You may always review the most current version of the Terms on the Wiko India Platform. Please refrain from using the Wiko India Platform if you do not agree to these Terms.

1. GENERAL TERMS

2. The Wiko India Platform is created by Auto Focus Technologies PVT LTD, a company incorporated under the laws of India, having its registered office at MH15 Car Decor, Satpur, Trambak Road, Nashik, Maharashtra, India (Company).

1. Within these Terms, ‘Privacy Policy‘ shall mean the privacy policy of the Wiko India Platform which shall be read as a part of Terms.
2. Within these Terms, ‘User’ or ‘you’ shall mean any person or entity accessing or using the Wiko India Platform. User shall also include a Trader’s (defined below) authorised personnel.
3. By clicking ‘I/We Accept’ during the sign-up process, you agree and acknowledge that by accessing the Wiko India Platform, you

1. are at least 18 years of age;
2. have read, understood, and are bound by the Terms, and if you represent a person or entity you confirm and represent that you have the necessary power and authority to bind such person and/or entity to these Terms and the Privacy Policy;

1. represent that you are compliant with all applicable laws.
2. While (i) the Terms are subject to revision at any time, as determined by the Company, and all changes are effective immediately upon being posted on the Wiko India Platform, and (ii) it is your responsibility to review these Terms periodically for any updates or changes; the Company shall make commercially reasonable efforts to periodically inform you of the Terms, Privacy Policy and other relevant terms that you are bound by, and update you of any change in such terms (if any).

1. You agree to not use the Wiko India Platform for any purpose that is prohibited by these Terms or applicable law. Expect as otherwise permitted by these Terms, you are not allowed to copy, modify, distribute, reproduce, publish, license, transfer, or otherwise use in any manner, in whole or in part, the Wiko India Platform or the information and materials on the Wiko India Platform.

1. SCOPE OF THE Wiko India Platform

The Wiko India Platform provides you with an online directory of global traders involved in the business of agriculture (Traders) and facilitates interaction between Users (with an account on the Wiko India Platform) and Traders via features such as the Wiko India Platform’s chat functionality, the RFQ exchange feature, order management system and the provision of insight into Trader operations etc. (Services). In addition to the Services offered, the Wiko India Platform also assigns scores to Traders on the Wiko India Platform, which is created and derived from a variety of publicly available data sources (Business Score).

1. COLLECTED INFORMATION

1. The Company collects specific types of information about you via the Wiko India Platform and various other means (Collected Information). Such Collected Information is only collected and used in accordance with the Privacy Policy. You expressly consent to the Company’s use of your Collected Information.

1. You represent and warrant that to the extent applicable, the Collected Information directly collected from you, is true, complete, accurate in all respects. You should immediately contact the Company at the details provided below if any of the Collected Information, relevant to you, undergoes any change.
2. We also process your chats with other users on the platform to ensure the community is safe and secure.
3. DISCLAIMERS

1. You understand that the Company is merely an online directory of Traders that inter alia facilitates interactions amongst Users and Traders. You agree and acknowledge that the Company is not responsible for any transactions or commercial arrangements you enter into with other Users or Traders on the Wiko India Platform and that such transactions or commercial arrangements are solely between you and the relevant counterparty unless Wiko India Platform’s team is directly involved in this trade as a part of Trade facilitation program.
2. The Wiko India Platform and Services are provided to you on “as is” and “as available” basis without warranty of any kind either express or implied. The Company does not warrant that the Services provided by the Wiko India Platform will be uninterrupted or error-free or that the Wiko India Platform or its hosting server are free from viruses or other harmful components. Further, you acknowledge that on occasion the Wiko India Platform may be temporarily down due to periodic maintenance, technical issues, or for any security reasons beyond the Company’s control. In such instances of downtime, the Company shall not be held liable for any losses which you may incur. However, the Company shall make best efforts to rectify the issue causing the downtime and make the Wiko India Platform available at the earliest.

1. ACCOUNT REGISTRATION
2. If you wish to avail the Services, you are required to register/create your own account on the Wiko India Platform. For the successful registration of your account, you are required to provide the Company with certain information. Such information will be used and processed in accordance with these Terms, the Privacy Policy. You agree to provide correct and valid information details as required in order to complete the registration process. For registration, you will need a business email address.

1. You will be required to take all the necessary measures for maintaining the privacy of your account’s email address used for registration. You will also be responsible for any and all activities that occur through your account. Additionally, you are prohibited from selling, trading, or otherwise transferring your account to another party or impersonating any other person for the purpose of creating an account on the Platform.
2. Use of another User’s account information to avail the Services is expressly prohibited.

1. PROPRIETARY RIGHTS
2. The Wiko India Platform contains copyrighted material, trademarks, and other proprietary information that belongs to the Company or its licensors, and you agree not to use or otherwise reproduce separately, the Company’s proprietary rights and the textual content associated with them without obtaining the Company’s prior written consent. You agree to not remove, obscure, or otherwise alter any proprietary notices appearing on any content on the Wiko India Platform, including copyright, trademark, and other intellectual property notices. and other intellectual property notices.

1. You agree that you shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Wiko India Platform other than as specifically authorised by the Company is strictly prohibited.

1. USER CONTENT
2. You may be permitted to post, upload, transmit through, or otherwise make available through the Wiko India Platform and/or Services, messages, text, data, files, images, graphics, photos, comments, feedbacks, information, content, and/or other materials (collectively User Content). Subject to the rights and license you grant the Company herein, you retain all right, title and interest in your User Content. It is the Users sole responsibility to monitor and protect any intellectual property rights that they may have in their User Content, and we do not accept any responsibility for the same.

1. You hereby represent and warrant that you shall not submit or upload any User Content to the Wiko India Platform that violates or infringes any third parties intellectual property rights (which includes patent, trademark, copyright or any other proprietary right). You are solely liable for any damage resulting from such violation/infringement of third-party rights or from any other harm resulting from User Content that you submit or upload on the Wiko India Platform.
2. You confirm and undertake that you will not host, display, upload, modify, publish, transmit, update or share any User Content that:

1. belongs to any other person over which you don’t have any right;
2. is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;

1. encourages conduct that would constitute a criminal offence, gives rise to civil liability or otherwise violates any law;
2. is harmful or inappropriate for minors in any manner whatsoever; 5. deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact.

1. impersonates another person;
2. violates any state, or central, or international laws;
3. infringes any patent, trademark, copyright or other proprietary rights;
4. 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;

1. contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
2. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person

1. You further represent and warrant that the User Content submitted by you to the Wiko India Platform is not subject to any confidentiality obligations. By submitting and/or uploading the User Content on the Wiko India Platform, you expressly grant the Company a worldwide, royalty-free, perpetual, irrevocable and freely transferable license to use, copy, distribute, display, make derivative copies, and modify the User Content without any restrictions. You also agree that such license will not revert to you due to any non-utilization of the User Content by the Company. You also agree to grant the Company the right to use the name that has been submitted with the User Content, in connection with such User Content. However, all such uses will be consistent with the terms of the Privacy Policy.
2. Notwithstanding the generality of the foregoing, the Company reserves the right to display advertisements in connection with your User Content and to use your User Content for advertising, marketing, promotional, and other commercial purposes. You acknowledge and agree that your User Content may be included on the websites and advertising networks of the Company’s third party partners such as distribution partners, marketing partners, accounts.
3. The Company has the right, but not the obligation, to monitor User Content. The Company has the right, in its sole discretion and for any reason whatsoever to edit, refuse to post, remove, or disable access to any User Content.

1. COMMUNITY GUIDELINES FOR Wiko India Platform FEED

To keep our feed safe, please adhere to the below guidelines

1. Safety – We’re committed to making Wiko India Platform a trusted place. We remove content that could contribute to a risk of harm to the physical security of persons. Content that threatens people has the potential to intimidate, exclude or silence others and isn’t allowed on Wiko India Platform.
2. Credibility – We want to make sure that the content people see on Wiko India Platform is credible. We believe that credibility creates a better environment for sharing, and that’s why we don’t want people using Wiko India Platform to misrepresent who they are or what they’re doing.
3. Privacy – We’re committed to protecting personal privacy and information. Privacy gives people the freedom to be themselves, choose how and when to share on Wiko India Platform and connect more easily.

Please DO NOT share your contact information while posting or commenting on the Wiko India Platform Feed.4. Spam Free – To protect our users from spam free and inappropriate content we remove content which is inappropriate or can be marked as spam. We also keep a check on the description. We do not allow link sharing yet so please refrain from sharing any external links

1. ORDER AND TRANSACTION GUIDELINES

The User shall not use the Services for / in furtherance of any sale or supply of prohibited products or services including but not limited to:

1. sale of regulated goods;
2. sale of counterfeit, replicas and pirated goods and goods infringing any intellectual property rights including pirated recordings or copies of unauthorized copyrighted materials whether in electronic or physical form or any other medium which may not be in existence at present;

1. sale of tobacco and cigarettes which includes cigarettes, cigars, chewing tobacco, and related products;
2. sale of liquor or any narcotic drugs and psychotropic substances;

1. sale / supply of any good or service which may not be in public interest;
2. gambling or other prohibited activities; and
3. sale / supply of goods or service which results in non-compliance of any applicable law.

The User specifically represents and warrants that:

1. The User shall be solely responsible for all the goods and services which the User purchases or sells via the Platform, including their description, price, fees, tax, any required legal disclosures, compliance and any offers or promotional content unless Wiko India Platform’s team is directly involved in this trade as a part of Trade facilitation program.
2. The User shall be solely responsible for setting and displaying the terms and conditions for sales on the Platform, including without limitation policies for sale, refund, return and the Users timelines for delivery etc unless Wiko India Platform’s team is directly involved in this trade as a part of Trade facilitation program.
3. The User shall clearly inform/communicate to its buyers that the sale of goods and services are done by the User and not by Wiko India Platform unless Wiko India Platform’s team is directly involved in this trade as a part of Trade facilitation program.
4. In the event, there is any defect, loss or discrepancy in the quality or quantity of the goods and services sold or purchased by the User, the User agrees that it shall resolve the matter with the relevant buyer/seller on its own and Wiko India Platform shall not be made liable or responsible for any issue arising out of said goods and services unless Wiko India Platform facilitates this trade through its team.

TRANSACTION INFORMATION

The User agrees and understands that Wiko India Platform is not liable or responsible or in any manner a party to any transaction where the payment has been made outside the Platform. Except to the extent otherwise required by Applicable Laws, Wiko India Platform is not liable for any payments authorized through the Platform using your Payment Details.1. The Users may upload information relating to transactions with their customers or relating to their businesses, including the sale of goods or services, costs, amounts paid and payable, and details of goods and services, on the Platform (such information is referred to as “Transaction Information”). Transaction Information may be exchanged between the Users and their customers through telephonic calls, text message, WhatsApp, email, or other electronic mediums that would depend on the contact details of Users and their customers provided on the Platform.

1. At the time of creating or uploading the first Transaction Information with respect to their customers, the User shall inform such customers of its use of the Platform to record such Transaction Information and Transaction Information related to future transactions and seek such customer’s express consent in this regard and to:

1. The creation of a profile of the customer on the Platform, which will require sharing such customer’s email and contact details with the Company;
2. receive communications from the Company regarding: (A) information relating to their transactions recorded on the Platform; (B) requests for payment; (C) information about the Company and the Services; (D) promotional offers and services from the Company and its third party partners, and (E) any other matter in relation to the Services.

iii. If such customers fail to provide consent, or withdraw consent, the User shall immediately cease to use the Services in relation to such customers.

1. The User shall be solely responsible for obtaining such consent from its customers and the Company shall assume that such consent as required under clause 4(b) above is sought and received by the User if the User provides details of such Transaction Information relating to any of such customers at any time during the use of the Platform. The User shall be solely responsible for compliance with all the applicable laws including without limitation the Prevention of Money Laundering Act, 2002 and the rules made thereunder. The Company shall not be responsible for any claims or liability or losses that may arise due to noncompliance of the anti-money laundering laws.

1. THIRD PARTY WEBSITES OR SERVICES

The Wiko India Platform may provide or facilitate, or third parties may provide, links or access to other sites, services, and resources (Third Party Services). The Company has no control over such Third Party Services and the Company is not responsible for and does not endorse such Third Party Services. You further acknowledge and agree that the Company will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, events, goods, or services available on or through any Third Party Services. Any dealings you have with third parties while using the Wiko India Platform are between you and the third party, and you agree that the Company shall not be liable for any loss or claim that you may have against any such third party.

1. Wiko India Platform ACCESS

By using the Wiko India Platform, you agree not to undertake certain activities which include but are not limited to:

1. infringing any proprietary rights, including but not limited to copyrights, patents, trademarks ortrade secrets, of any party;
2. except as may be provided hereunder, copying, displaying, distributing, modifying, publishing, reproducing, storing, transmitting, posting, translating, creating any derivative works, renting, or licensing the Wiko India Platform or any portion thereof;
3. downloading or copying any kind of information for the benefit of another individual, vendor or any other third party;

1. uploading, posting, or transmitting any information through the Wiko India Platform you do not have a right to make available (such as the intellectual property of another party);
2. uploading, posting, or transmitting any material that contains software or any virus or any other computer code, files or programmes designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
3. undertaking any action that imposes or may impose, in the Company’s sole discretion, an unreasonable or disproportionately large load on the Company’s infrastructure; use of data mining, robots, or similar data gathering and extraction tools;

1. making any back-up or archival copies of the Wiko India Platform or any part thereof;
2. bypassing any measures used by the Company to prevent or restrict access to the Wiko India Platform;

1. accessing, monitoring or copying any information on the Wiko India Platform using any robot, spider, scraper, or other automated means of any manual process for any purpose without the Company’s express written permission;
2. violating the restrictions in any robot exclusion headers on the Wiko India Platform or bypassing or circumventing other measures employed to prevent or limit access to the Wiko India Platform;
3. deep-linking to any portion of the Wiko India Platform for any purpose without the Company’s express written permission; or
4. ‘framing’, ‘mirroring’, or otherwise incorporating any part of the Wiko India Platform into any other website without the Company’s prior written authorisation.

1. INDEMNITY AND RELEASE

You agree to release, indemnify, and hold the Company and its affiliates and its officers, employees, directors and agents harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury arising out of or relating to these Terms or your use of the Wiko India Platform.

1. LIMITATION OF LIABILITY
   1. To the fullest extent permitted by applicable law, you hereby expressly agree to defend, indemnify, and hold harmless the Company, its affiliates, officers, agents, and successors and assigns, against any and all claims, liabilities, damages, losses, costs and expenses, including reasonable attorney’s fees, caused by or arising out of claims based upon any breach by you of these Terms or applicable law.

1. 1. In no event shall the Company be liable to compensate you or any third party for any direct,  indirect, special, incidental, consequential, or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not you have been advised of the possibility of such damages, based on any theory of liability, including breach of contract or warranty, negligence, or other tortious action, or any other claim arising out of or in connection with your use of or access to the Wiko India Platform.

1. TERMINATION
   1. You agree that the Company may, in its sole discretion, suspend or terminate your use of the Wiko India Platform and your account for any reason, including without limitation, if the Company believes that you have violated or acted inconsistently with the letter or spirit of these Terms. The Company may also in its sole discretion and at any time discontinue the provision of the Wiko India Platform, or any part thereof, with or without notice. You agree that the Company will not be liable to you or any third party for termination of your access to the Wiko India Platform.

1. 1. Upon termination, these Terms shall terminate, except for those clauses that are intended to survive expiry or termination.

1. NO WAIVER AND SEVERABILITY

You agree that no action of the Company, other than an express written waiver or amendment, may be interpreted as a waiver or amendment of any of these Terms. In the event any clause of these Terms is found to be unenforceable, then whenever possible, this will not affect any other clause, and each shall remain in full force and effect.

1. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms will be governed by and construed in accordance with the laws applicable in India and any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the applicable court under the jurisdiction of Nashik, Maharashtra.

1. NOTICE

You may communicate with the Company for any grievance that you experience in connection with the Wiko India Platform, at – Email: support@wikoindia.com