Terms and Conditions

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms and conditions for access or usage of domain name www.dford.co.in (“Website”), including the related mobile site and mobile application (hereinafter referred to as “Platform”).

These terms and conditions (“Terms”, “Agreement”) are an agreement between Mobile Application Developer – “Data for Decisions Technology Solutions Private Limited.” (“Mobile Application Developer”, “us”, “we” or “our”) and You (“User”, “You” or “Your” or “Channel Partner”). This Agreement sets forth the general terms and conditions of your use of the DforD® Agrica Digital Finance mobile application and any of its products or services (collectively, “Mobile Application” or “Services”).

Accounts and Membership

If you use and/or create an account in the Mobile Application, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your Mobile to prevent unauthorized access to your Mobile Application. You are also responsible for security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it.

You should take all necessary steps to ensure that password is kept confidential and secure and inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is likely to be used by unauthorized person. Please ensure details provided by you are correct and complete, in case you wish to change or update the existing details, you can access and update such information in the settings section of the Mobile Application or connect customer support.

We may monitor and review new accounts before you may sign in and use our Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services to get the benefits of the Mobile Application. Also, we may block your email address and Internet Protocol (IP) address to prevent further registration.

Please note that this is an IT enabled application and best efforts have been put to give you the data of your accounts statement on a correct basis. However, there may be system error in some exceptional cases. Hence the data present herewith cannot be put to disputes in any court of law. If you face any discrepancy with respect to account balances or any other information in respect thereof, you may approach with your concerns to support.df@dford.co.in.

Links to Other Mobile or Any Other Linked Applications

Although this Mobile Application may link to other mobile or other type of applications in order to use our Mobile Application to facilitate in your business. We are not, directly and/or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked mobile application, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their mobile applications. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties.

Prohibited Uses

In addition to other terms as set forth in the Agreement, you are prohibited from using the Mobile Application or its contents:

• for any unlawful purpose;
• to solicit others to perform or participate in any unlawful acts;
• to violate any international, national, state or local regulations, rules, laws, or local ordinances;
• to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
• to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
• to submit false or misleading information;
• to upload or transmit known and unknown viruses or any other type of malicious code that may or will be used in any way that will either directly or indirectly affect the functionality or operation of the Service or of any related Mobile Application, other mobile applications, hosting services and/or the Internet;
• to collect or track the personal information of others;
• to spam, phish, pharm, pretext, spider, crawl, or scrape;
• for any obscene or immoral purpose; or
• to interfere with or circumvent the security features of the Service or any related Mobile Application, other mobile applications, hosting services and/or the Internet.

We reserve the right to terminate your use of the Service or any related mobile applications for violating any of the prohibited uses. You should carefully review the legal statements and other conditions of use of any mobile application which you may have access through a link from this Mobile Application. Your linking to any other off-site mobile applications is at your own risk.

Intellectual Property Rights

This Agreement does not impliedly transfer to you any intellectual property owned and/or licensed by Mobile Application Developer or third parties and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Mobile Application Developer. All trademarks, service marks, graphics and logos used in connection with our Mobile Application or Services, are trademarks or registered trademarks of Mobile Application Developer or Mobile Application Developer licensors. Other trademarks, service marks, graphics and logos used in connection with our Mobile Application or Services may be the trademarks of other third parties. Your use of the Mobile Application and Services grants you no right or license to reproduce or otherwise use any Mobile Application Developer or third party trademarks.

Limitation of Liability

In no event shall Mobile Application Developer, its owner, affiliates, officers, directors, employees, agents, suppliers, sponsors, investors or licensors be liable to any legal and/or natural person for (a): any direct, indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, gross negligence or otherwise, even if Mobile Application Developer has been advised as to the possibility of such damages or could have foreseen such damages resulting from (a) the use or inability to use the Mobile Application; (b) unauthorized access to or alternations of the user’s transmission of any data; (c) breach of condition, representation or warranties by the any party related to this Mobile and (d) any other acts or omission of the Mobile Application Developer.

Indemnification

You shall indemnify and hold harmless Mobile Application Developer and its owners, licensees, affiliates, directors, officers, employees, and agents from any claims or damages or actions including reasonable attorneys’ fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of due to Your breach of this terms and conditions, any usage policy of this Mobile Application or any other policies of any other mobile application as mentioned above and/or Your violation of law, rules, regulations or rights (including intellectual property rights) of a third party.

Events Beyond Our Reasonable Control

We shall not be responsible or held liable for any known or unknown delays or failure to comply with our obligations under this Agreement if the delays or failure are caused beyond our reasonable control. This condition does not affect your statutory rights.

Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Dispute Resolution

The formation, interpretation, and performance of the terms and conditions and any disputes arising out of it shall be governed by the substantive and procedural laws of India without regard to its rules on conflicts or choice of law and, to the extent applicable, to the laws of India. Any dispute or difference arising out of or in connection with this transaction shall as far as possible be resolved by the Parties by mutual consultation. If parties fail to reach agreement by mutual consultation within 30 days after a Party has made a request for mutual consultation the same can be referred to arbitration in accordance with the Rules of Arbitration and Conciliation of the Bombay Chamber of Chamber and Industry, and the award made in pursuance thereof shall be final and binding on the parties. The arbitration shall be conducted in English by a sole arbitrator and the venue of arbitration shall be Bangalore. The cost of the arbitral proceedings shall be borne equally by both the parties.

Changes and Amendments

We reserve the right to modify this Agreement, its terms and conditions or its policies relating to the Mobile Application or Services at any time, effective upon posting of an updated version of this Agreement in the Mobile Application. When we do, we will post a notification in our Mobile Application. Continued use of the Mobile Application after any such changes shall constitute your consent to such changes.

Acceptance of These Terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Mobile Application or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Mobile Application and its Services.

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms and conditions for access or usage of domain name www.dford.co.in (“Website”), including the related mobile site and mobile application (hereinafter referred to as “Platform”).

These terms and conditions (“Terms”, “Agreement”) are an agreement between Mobile Application Developer – “Data for Decisions Technology Solutions Private Limited.” (“Mobile Application Developer”, “us”, “we” or “our”) and You (“User”, “You” or “Your” or “Channel Partner”). This Agreement sets forth the general terms and conditions of your use of the DforD® Agrica Digital Finance mobile application and any of its products or services (collectively, “Mobile Application” or “Services”).

Accounts and Membership

If you use and/or create an account in the Mobile Application, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your Mobile to prevent unauthorized access to your Mobile Application. You are also responsible for security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it.

You should take all necessary steps to ensure that password is kept confidential and secure and inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is likely to be used by unauthorized person. Please ensure details provided by you are correct and complete, in case you wish to change or update the existing details, you can access and update such information in the settings section of the Mobile Application or connect customer support.

We may monitor and review new accounts before you may sign in and use our Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services to get the benefits of the Mobile Application. Also, we may block your email address and Internet Protocol (IP) address to prevent further registration.

Please note that this is an IT enabled application and best efforts have been put to give you the data of your accounts statement on a correct basis. However, there may be system error in some exceptional cases. Hence the data present herewith cannot be put to disputes in any court of law. If you face any discrepancy with respect to account balances or any other information in respect thereof, you may approach with your concerns to support.df@dford.co.in.

Links to Other Mobile or Any Other Linked Applications

Although this Mobile Application may link to other mobile or other type of applications in order to use our Mobile Application to facilitate in your business. We are not, directly and/or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked mobile application, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their mobile applications. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties.

Prohibited Uses

In addition to other terms as set forth in the Agreement, you are prohibited from using the Mobile Application or its contents:

• for any unlawful purpose;
• to solicit others to perform or participate in any unlawful acts;
• to violate any international, national, state or local regulations, rules, laws, or local ordinances;
• to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
• to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
• to submit false or misleading information;
• to upload or transmit known and unknown viruses or any other type of malicious code that may or will be used in any way that will either directly or indirectly affect the functionality or operation of the Service or of any related Mobile Application, other mobile applications, hosting services and/or the Internet;
• to collect or track the personal information of others;
• to spam, phish, pharm, pretext, spider, crawl, or scrape;
• for any obscene or immoral purpose; or
• to interfere with or circumvent the security features of the Service or any related Mobile Application, other mobile applications, hosting services and/or the Internet.

We reserve the right to terminate your use of the Service or any related mobile applications for violating any of the prohibited uses. You should carefully review the legal statements and other conditions of use of any mobile application which you may have access through a link from this Mobile Application. Your linking to any other off-site mobile applications is at your own risk.

Intellectual Property Rights

This Agreement does not impliedly transfer to you any intellectual property owned and/or licensed by Mobile Application Developer or third parties and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Mobile Application Developer. All trademarks, service marks, graphics and logos used in connection with our Mobile Application or Services, are trademarks or registered trademarks of Mobile Application Developer or Mobile Application Developer licensors. Other trademarks, service marks, graphics and logos used in connection with our Mobile Application or Services may be the trademarks of other third parties. Your use of the Mobile Application and Services grants you no right or license to reproduce or otherwise use any Mobile Application Developer or third party trademarks.

Limitation of Liability

In no event shall Mobile Application Developer, its owner, affiliates, officers, directors, employees, agents, suppliers, sponsors, investors or licensors be liable to any legal and/or natural person for (a): any direct, indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, gross negligence or otherwise, even if Mobile Application Developer has been advised as to the possibility of such damages or could have foreseen such damages resulting from (a) the use or inability to use the Mobile Application; (b) unauthorized access to or alternations of the user’s transmission of any data; (c) breach of condition, representation or warranties by the any party related to this Mobile and (d) any other acts or omission of the Mobile Application Developer.

Indemnification

You shall indemnify and hold harmless Mobile Application Developer and its owners, licensees, affiliates, directors, officers, employees, and agents from any claims or damages or actions including reasonable attorneys’ fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of due to Your breach of this terms and conditions, any usage policy of this Mobile Application or any other policies of any other mobile application as mentioned above and/or Your violation of law, rules, regulations or rights (including intellectual property rights) of a third party.

Events Beyond Our Reasonable Control

We shall not be responsible or held liable for any known or unknown delays or failure to comply with our obligations under this Agreement if the delays or failure are caused beyond our reasonable control. This condition does not affect your statutory rights.

Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Dispute Resolution

The formation, interpretation, and performance of the terms and conditions and any disputes arising out of it shall be governed by the substantive and procedural laws of India without regard to its rules on conflicts or choice of law and, to the extent applicable, to the laws of India. Any dispute or difference arising out of or in connection with this transaction shall as far as possible be resolved by the Parties by mutual consultation. If parties fail to reach agreement by mutual consultation within 30 days after a Party has made a request for mutual consultation the same can be referred to arbitration in accordance with the Rules of Arbitration and Conciliation of the Bombay Chamber of Chamber and Industry, and the award made in pursuance thereof shall be final and binding on the parties. The arbitration shall be conducted in English by a sole arbitrator and the venue of arbitration shall be Bangalore. The cost of the arbitral proceedings shall be borne equally by both the parties.

Changes and Amendments

We reserve the right to modify this Agreement, its terms and conditions or its policies relating to the Mobile Application or Services at any time, effective upon posting of an updated version of this Agreement in the Mobile Application. When we do, we will post a notification in our Mobile Application. Continued use of the Mobile Application after any such changes shall constitute your consent to such changes.

Acceptance of These Terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Mobile Application or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Mobile Application and its Services.

CONDITIONS OF USE

Access to and use of this app are subject to the following conditions. Please do not use this app unless you agree with these conditions. This app has been developed by the Crop Science Division, at Bayer Pakistan (Private) Limited (hereinafter to be referred to as BAYER) and is administrated by the same. We reserve the right to discontinue or to make partial or complete modifications to this app or to the Conditions of Use and to our General Terms and Conditions.

Please note that we may make such changes at our own discretion and without prior announcement. We must therefore ask you, next time you visit this app, to view the conditions again and to note any changes or amendments that may have been made.

Surrender of use and benefit

All details, documents and illustrations published in this app are the sole property of BAYER. Any permission to use the same is granted on the proviso that the relevant trademark/copyright note is displayed on all copies, that such details are only used for personal purposes, that they are not exploited commercially, that the details are not modified in any way and that all illustrations gained from the app are only used in conjunction with the accompanying text.

Trademarks and Copyright

All trademarks in this app are the property of BAYER, unless otherwise noted or in any other way perceivable as third-party rights. Any unauthorized use of these trademarks or other materials is expressly prohibited and constitutes a violation of copyright, trademark law or other industrial property rights.

Limited liability

BAYER has compiled the detailed information provided in this app from internal and external sources to the best of its knowledge and belief, using professional diligence. We endeavor to expand and update this range of information on an ongoing basis. The information in this app is purely for the purpose of presenting BAYER and its products and services. However, no representation is made or warranty given, either expressly or tacitly, for the completeness or correctness of the information in this app.

Please be aware that this information although accurate on the day it was published may no longer be up to date. We therefore recommend that you check any information you obtain from this app prior to using it in whatever form. Should you require any advice or instructions concerning our products or services, please contact us directly.

Users of this app declare that they agree to access the app and its content at their own risk. Neither BAYER nor third parties involved in the writing, production or transmission of this app can be held liable for damage or injury resulting from access or the impossibility of access or from the use or impossibility of use of this app or from the fact that you have relied on information given in this app.

Websites of third-party vendors/links

This app may contain links/references to third-party websites. By providing such links, BAYER does not give its approval to their contents. Neither does BAYER accept any responsibility for the availability or the contents of such websites or any liability for damage or injury resulting from the use of such contents, of whatever form. BAYER offers no guarantee that pages linked to provide information of consistent quality. Links to websites are provided to users of this app merely for the sake of convenience. Users access such websites at their own risk. The choice of links should in no way restrict users to the linked pages.

Details supplied by yourself

The user of this app is fully responsible for the content and correctness of details he or she sends to BAYER as well as for the non-violation of any third-party rights that may be involved in such details. The user gives his or her consent for BAYER to store such details and to use the same for the purpose of statistical analysis or for any other specified business purpose, unless the information involves personal details, going beyond master data or usage data.

In particular, BAYER is entitled to use the contents of such messages, including ideas, inventions, blueprints, techniques and expertise contained therein, for any purpose, such as the development, production and/or marketing of products or services and to reproduce such information and make it available to third parties without any limitations.

Applicable law

Any legal claims or lawsuits in conjunction with this app or its use are subject to the interpretation of the laws of the Islamic Republic of Pakistan, except for the provisions of international private law and the Hague Convention relating to the Uniform Law on the International Sale of Goods of July 1, 1964 and in the UN Sales Convention of April 11, 1980.