These Terms of Use (“Terms”) apply to Samak Technologies Private Limited (“MooRakshak”) website located at https://www.moorakshak.com and all associated URLs, applications, and services owned and maintained by Samak Technologies Private Limited, operating under the brand name "MooRakshak" (hereinafter referred to as "MooRakshak", "we", "our", or "us"). Please read these Terms carefully before you use the MooRakshak website or its associated services (“Services”). These Terms form a binding contract between a user of the Services (hereinafter referred to as “you”, “your”, “User”, or “Customer”) and MooRakshak.
PLEASE READ THESE TERMS CAREFULLY. THEY COVER IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS REGARDING THE SERVICES PROVIDED TO YOU. YOUR USAGE OF THE SITE OR SERVICES IN ANY MANNER OR CAPACITY, MEANS THAT YOU AGREE TO THESE TERMS IN THEIR ENTIRETY. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SITE OR SERVICES IN ANY MANNER.
These Terms include the provisions set out in this document, as well as those contained in the Privacy Policy and any other relevant policies, rules, and/or conditions (e.g., specific program rules for carbon credit generation) which are incorporated herein by reference. You understand and agree that by using the Services, you agree to also comply with these additional terms.
By accessing or using our Services, you signify your explicit and unequivocal agreement to these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Services. Your continued use of the Services signifies your acceptance of any amendments or changes to these Terms.
We are constantly trying to improve the Services, so these Terms may go through amendments/changes from time to time. We reserve the right to change these Terms at any time, but if we do, we will place a notice on our website or notify you through other communication channels (e.g., email to registered users). If you don’t agree with the new terms, you are free to reject them; however, that means you will no longer be able to use the Services. Your continued use of the Services in any way after an amendment/change to the Terms is effective means that you agree to all of the changes.
The Services take the privacy of its Users very seriously. Our Privacy Policy, available at https://www.moorakshak.com , details how we collect, use, process, and share your information. By using the Services, you also agree to the terms of our Privacy Policy.
4.1. You are required to provide us with certain information or data, such as your contact information and details related to your livestock and farm. You agree to provide us with accurate, current, and complete registration information about yourself and your operations, and to update such information to keep it accurate, current, and complete.
4.2. You represent and warrant that you are an individual of legal age, capable of forming a binding contract (or if not, you have obtained verifiable consent from a parent or legal guardian, and such guardian has agreed to these Terms on your behalf). The Services are intended for use by smallholder dairy farmers and related agricultural stakeholders. 4.3. You will only use the Services for your own, lawful, and personal/business operational use related to your farm, and not on behalf of or for the benefit of any third party unless explicitly authorized by MooRakshak. You will comply with all laws that apply to you, and you shall be solely responsible for your use of the Services along with your actions and omissions that relate to your usage of the Services. If your use of the Services is prohibited by these Terms or applicable laws, then we have a right to suspend or terminate your use of the Services immediately and without any written notification. We cannot and will not be held responsible for your using the Services in a way that breaks the law.
4.4. Data Accuracy: You are solely responsible for the accuracy, completeness, and legality of all data you input into the Services, including but not limited to animal data (breed, body weight, milk yield, lactation phase, health status), feed intake and composition data, farm-specific information, and any methane emission data. Inaccurate or incomplete data may lead to inaccurate recommendations, reports, or carbon credit estimations.
5.1. You represent, warrant, and agree that you will not provide, share, post, edit any content or user submission or otherwise use the Services or interact with the Services in a manner that: 5.1.1. infringes or violates the intellectual property rights or any other rights (including privacy rights) of MooRakshak or any third-party;
5.1.2. violates any applicable law or regulation, including, without limitation, any applicable export control laws, privacy laws, or any other purpose;
5.1.3. is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
5.1.4. violates the security of any computer network or system, or cracks any passwords or security encryption codes;
5.1.5. runs Mail-list, Listserv, or any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interferes with the proper working of the Services (including by placing an unreasonable load on the Services infrastructure);
5.1.6. uses “crawls,” “scrapes,” or “spiders” on any page, data, or portion of or relating to the Services (through use of manual or automated means);
5.1.7. makes unauthorized copies or stores any significant portion of the content from the Services;
5.1.8. reverse engineers, decompiles, disassembles, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services;
5.1.9. sells, rents, leases, timeshares, licenses, sublicenses, distributes, or otherwise transfers, in whole or in part, the Services to another party; or
5.1.10. provides, discloses, divulges, or makes available to, or permits use of the Services, in whole or in part, by any other individual or any third party without MooRakshak's express prior written consent.
5.2. A violation of any of the foregoing is grounds for immediate termination of your right to use or access the Services without cause or prior written notification.
6.1. All content, materials, features, and functionality on the MooRakshak website and Services, including but not limited to text, graphics, logos, images, software, algorithms, databases, and the design, selection, and arrangement thereof (collectively, the “Content”), are the exclusive property of MooRakshak, or its licensors, and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws of India and international treaties.
6.2. The "MooRakshak Intelligence Suite," including MooScore, MooBalance, MooBlend, MooScan, MooTrace, and MooSphere, are proprietary technologies of MooRakshak and/or its licensors.
6.3. Subject to the limited license granted herein, all intellectual property rights are reserved by MooRakshak. You shall not:
6.3.1. sell, rent, lease, or sub-license Content from the Services;
6.3.2. modify, publish, transmit, participate in the transfer of, or create derivative works based on any of the Content;
6.3.3. reproduce, duplicate, copy, or otherwise exploit Content for any commercial purpose without express written consent from MooRakshak;
6.3.4. edit, reverse engineer, decompile, or otherwise modify our Content or the underlying software in any manner;
6.3.5. redistribute Content from our Services without express written consent from MooRakshak; or
6.3.6. broadcast or otherwise show any material from our Content to the public.
6.4. MooRakshak hereby grants you a limited, non-exclusive, non-sublicensable, and non-transferable right and license to access and use the Services and view the Content only for the purpose of using the Services as intended and accessing the features provided to you. Any rights not expressly granted to you herein are reserved to MooRakshak. MooRakshak may allow you to copy or download certain Content where functionalities for doing so are explicitly provided, but all restrictions in this section still apply.
6.5. Certain components of the Services may include or rely on third-party content, software, or services. All such third-party content is the property of its respective owners and is used under appropriate licenses or permissions.
6.6. You understand and agree that any environmental or carbon-related data may be used by MooRakshak to generate anonymized insights, reports, or datasets, including for the purpose of participating in voluntary carbon markets, subject to your consent where required.
7.1. The Services may contain links or connections to third-party websites or services that are not owned or controlled by MooRakshak. When you access third-party websites or use third-party services, you accept that there are risks in doing so, and that MooRakshak is not responsible for such risks.
7.2. MooRakshak has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Services. In addition, we will not and cannot monitor, verify, censor, or edit the content of any third-party site or service. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize. By using the Services, you indemnify and hold us harmless towards any and all liability arising out of your usage of any third-party website or service.
If there is a dispute amongst Users on these Services, or between Users and any third party, you agree that MooRakshak is under no obligation to become involved. In the event that you have a dispute with one or more other Users, you agree to release MooRakshak, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes.
9.1. We are always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services at our sole discretion, and without notice. We reserve the right to remove any content from the Services at any time, for any reason, in our sole discretion, and without notice.
9.2. The services are currently free to use, but we reserve the right to charge for certain or all of the services/features in the future. We will notify you before any services/features are being monetized for a fee, and if you wish to continue using the Services, you must pay all applicable fees for such services/features.
We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms or for any other reason at our sole discretion. MooRakshak has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms. Upon termination, your right to use the Services will immediately cease.
If you access the Services or any associated services using a mobile device, you are responsible for any and all service fees associated with any such mobile access, including all applicable message and data rates and fees imposed by your wireless carrier, and for complying with all terms of use imposed by your wireless carrier. MooRakshak does not represent or warrant that the Services will be compatible with your mobile device.
12.1. MooRakshak, its licensors, suppliers, partners, or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives, and agents, and each of their respective successors and assigns (collectively, the “MooRakshak Parties”) make no representations or warranties concerning the Services, including without limitation regarding any Content contained in or accessed through the Services. MooRakshak Parties will not be held responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services or any claims, actions, suits, procedures, costs, expenses, damages, or liabilities arising out of or use of, or in any way related to your participation in, the Services.
12.2. The Services and Content are provided on an “as-is” and “as available” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that use of the Services will be uninterrupted or error-free. Your use of the Services is at your sole risk.
To the fullest extent allowed by applicable law, under no circumstances and under no legal theory (including, without limitation, tort, contract, strict liability, or otherwise) shall any of the MooRakshak Parties be liable to you or to any other person for: (a) any indirect, special, incidental, punitive, or consequential damages of any kind, including damages for lost profits, business interruption, loss of data, loss of goodwill, work stoppage, accuracy of results, or computer failure or malfunction; (b) any substitute goods, services, or technology; (c) any liability, in aggregate, for all claims arising out of or in connection with your use of the Services, in excess of Indian Rupees (INR) 1,00,000 (Rupees One Lakh Only), or (d) any matter beyond our reasonable control.
Certain features or modules of the Services may be labeled as "beta," "pilot," "experimental," or similar. These are made available on a trial or preview basis and may contain bugs, be incomplete, or change significantly. You agree to use such features at your own risk, and MooRakshak makes no warranties or guarantees about their performance, reliability, or fitness for any specific purpose.
You agree to defend, indemnify, and hold the MooRakshak Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including reasonable attorneys’ fees) arising from or in any way related to any claims relating to: (a) your use of the Services or any data or content you submit; (b) your violation of these Terms; or (c) your actions or omissions that relate to your usage of the Services.
16.1. These Terms shall be governed and construed in accordance with the substantive laws of India, without regard to its conflict of law provisions.
16.2. In the event of any claim, dispute, difference, or question between the parties arising out of or in connection with or in relation to these Terms (“Dispute”), the parties shall first endeavour to settle such Dispute amicably by mutual discussion in good faith.
16.3. If the parties fail to resolve the Dispute by such mutual discussion within 30 (Thirty) days of its occurrence, then the Dispute shall be referred to and finally resolved through a sole Arbitrator mutually appointed by the parties. The Arbitration proceeding shall be conducted in accordance with the provisions of the Arbitration and Conciliation Act, 1996, and the award of the Arbitrator shall be final and binding upon both the Parties. Each party shall bear its own costs in relation to arbitration proceedings, and the fees of the arbitrator shall be borne equally by both parties, unless the award provides otherwise.
16.4. The seat and venue for such Arbitration proceedings shall be Delhi, India and shall be conducted in the English language. Subject to the foregoing, the courts at Delhi, India alone shall have exclusive jurisdiction to entertain any Dispute arising out of these Terms.
17.1. Assignment: You shall not assign, delegate, or transfer these rights or obligations hereunder, in any way (by operation of law or otherwise) without MooRakshak's prior written approval. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
17.2. Waiver: The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder.
17.3. Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable.
17.4. Entire Agreement: You agree that these Terms are the complete and exclusive statements of the mutual understanding between you and us, and that these Terms supersede and cancel all previous written and oral agreements, communications, and other understandings relating to the subject matter of these Terms.
17.5. Translation of the Terms: MooRakshak may provide a translation of the English version of the Terms into other languages. You understand and agree that any translation of the Terms into other languages is only for your convenience and that the English version shall govern the terms of your relationship with MooRakshak. Furthermore, if there are any inconsistencies between the English version of the Terms and its translated version, the English version of the Terms shall prevail.
17.6. Update to terms: We may update these Terms from time to time. The “Effective Date” at the top of this page indicates when these Terms were last revised. Your continued use of the Services after any such changes constitutes your acceptance of the updated Terms. We encourage you to review this page periodically to stay informed of any changes.
17.7. Feedback and Suggestions: Any feedback, suggestions, ideas, or other information you provide to MooRakshak regarding the Services, whether submitted through the platform or by other means, shall be considered non-confidential. MooRakshak shall be free to use such information in any manner, including for product improvement, development, marketing, or other commercial purposes, without compensation or obligation to you.
If you have any questions about these Terms, please contact us at:
Email: support@moorakshak.com
Address: F-113, 2nd Floor, Jeewan Park, Uttam nagar, Delhi, India - 110059