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This document contains the relevant provisions which are to be made part of the App as ‘General Terms & Conditions’ and ‘Legal Notices’. The Legal Notices are sub-categorized as follows:
Display of General Terms & Conditions
The GT&C shall be displayed as a pop-up when the user launches the App for the first time after installation. Unless the user chooses the ‘I Agree’ button, the App should not operate any further as consent to the GT&C is essential. It is through the GT&C that the user will agree to the rest of the legal terms in the ‘Legal Notices’.
Display of Legal Notices
Users of apps must be able to access the Legal Notices of the App at any time while using the App. While it is preferable to write these out in full, because space is at a premium on mobile phones, a link to the Legal Notices may also be represented by an “i”.
The Legal Notices can be displayed together on a single page or via a menu. Displaying the Legal Notices as an overlay provides minimal disruption to the app.
GENERAL TERMS AND CONDITIONS
Bayer Pakistan (Private) Limited, a private limited company incorporated under the laws of the Islamic Republic of Pakistan (hereinafter referred to as “Bayer”, “we” or “us”), provides you with the “BConnect” mobile device application (the “Application”) under these Terms and Conditions (this “Agreement”). As used in these Terms and Conditions, ‘you’ or ‘users’ refers to individuals using the Application in connection with their own adherence activities or others, who may use the Application to supervise or support other users. By using the Application and/or by clicking the “I Agree” button, you unconditionally agree to follow and be bound by this Agreement, as well as the Legal Notices which consists of the (i) Conditions of Use; (ii) Privacy Statement; and (iii) Imprint. If you do not agree to be bound by and comply with all of the terms of this Agreement, you may not use our Application.
This Application is strictly intended for the use of employees and dealers of Bayer’s CropScience Division only. Use and access of this Application by any other person outside the scope of intended users is prohibited and therefore deemed to be void. By accessing and using the Application, you represent and warrant that you are an employee of Bayer duly authorized by Bayer to use this Application. By accessing and using the Application, you represent and warrant that (a) any and all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) your use of the Application will comply with and does not violate any applicable law, regulation, order or guideline.
Modifications of this Agreement
We reserve the right to update or modify this Agreement, at any time and for any reason, without penalty or liability to you or any third party. By continuing to use the Application after any such changes, you unconditionally agree to follow and be bound by this Agreement as changed. For these reasons, we encourage you to periodically review this Agreement.
Your use of any aspect of the Application is at your own risk. We cannot and do not accept any liability in respect of any activities that you may undertake through using the Application.
If you use and/or access the Application on or from an Android device which you or someone else rooted or on or from an iOS device which you or someone else jail broke, Bayer shall not be responsible for the security of your data, including your Personal Information, and you shall bear all responsibility for any breach, illegal access, loss and/or corruption of such data.
We make no representations or warranties whatsoever in respect of the Application. Information regarding insecticides, pesticides, agricultural advice and otherwise may be provided by third parties. Any actions you take based on content, notifications and otherwise provided by the Application are taken at your sole risk and we will not accept any liability in respect thereof. You should always check any information provided through the Application to ensure its accuracy. To the maximum extent permitted by applicable law, the Application is provided on an “as is” and “as available” basis. We make no representations or warranties of any kind, express or implied, as to the operation of the Application or any information, content, materials or products included or referenced therein. To the full extent permissible by applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, non-infringement of third parties’ rights and fitness for a particular purpose. We disclaim any implied or statutory warranties (i) regarding the security, accuracy, reliability, timeliness and performance of the Application; or (ii) that the Application will be error-free or that any errors will be corrected; or (iii) regarding the performance of or accuracy, quality, currency, completeness or usefulness of any information provided by the Application. We do not warrant that any description provided through the Application regarding products or otherwise is accurate, complete, reliable, current, safe or error-free. No communication, information or advice given by us or any representative of ours, whether written or oral, shall create any warranty. If you choose to rely on such information, you do so solely at your own risk. This disclaimer constitutes an essential part of this Agreement.
Requirements for Use
In order to use the Application, you must have compatible computing and mobile devices, access to the Internet and mobile messaging and data services, and certain necessary software. Fees and charges may apply to your use the Internet or mobile services, and you may be required to purchase hardware or software to enable your devices to access the Application. You agree that you are responsible for meeting these requirements and for your use of the Internet, any associated fees, charges or expenses.
We do not warrant or guarantee that the Application will function with your mobile or computing device or be compatible with the hardware or software on any particular devices. Information will be transmitted over a medium that will be beyond our control and jurisdiction; multiple factors, including network availability, may affect alert or notification delivery or otherwise interfere with the operation of the Application. We do not warrant or guarantee against, and therefore assume no liability for or relating to, any errors, omissions, delays, failures, interruptions, or corruption or loss of any data, alerts, notifications or other information transmitted in connection with your use of the Application, particularly relating to any failure of the reminder system to function as expected, including but not limited to the non-delivery of any alerts or notifications.
Without limiting the foregoing, we, our licensors, and our suppliers make no representations or warranties about the availability, accuracy, reliability, completeness, quality, performance, suitability or timeliness of the Application, Content, including software, text, graphics, links, or communications provided on or through the use of the Application.
We have no obligation to provide technical support or maintenance for the Application. At any time and for any reason, without notice or liability, we may modify or discontinue the Application or any part of it or impose limits on your use of or access to the Application.
Although we take reasonable measures to keep the Application free of viruses, worms, Trojan horses or other code that contain destructive properties, we do not warrant or guarantee that files available for downloading through the Application will be free of such contaminations.
When using this Application, we may collect and process information about your actual location for providing certain services as part of the Applications features. For this purpose we may use various technologies to determine your location, including IP address, GPS and other sensors that may, for example, provide us with information on nearby devices, Wi-Fi access points and cell towers. You hereby give your consent for us to obtain your location for the purpose mentioned above.
If you submit any information to us through or related to the Application or send us any business information, feedback, idea, concept or invention to us by e-mail, you represent and warrant to us that such information is not confidential and that you have all necessary permission to submit or otherwise make available such information. In addition, you grant us a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed, including the right to sublicense through multiple tiers of sublicenses.
You further agree that:
- you will not reproduce, duplicate, copy, sell, resell, or exploit the Application, its Content, its software or any portion of any of the foregoing;you will not use the Application for any purpose in violation of local, provincial, federal or international laws;
- you will not solicit another person’s password or personal information under false pretenses;
- you will not impersonate another person or entity or otherwise misrepresent your affiliation with a person or entity, and/or use or access another user’s account or password without permission;
- you will not violate the legal rights of others, including defaming, abuse, stalking or threatening users;
- you will not infringe the intellectual property rights, privacy rights, or moral rights of any third party;
- you will not post or transmit any Content that is (or you reasonably believe or should reasonably believe to be) illegal, fraudulent, or unauthorized, or furthers such activity, or that involves (or you reasonably believe or should reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material;
- you will not publish falsehoods or misrepresentations, including with respect to any information; and
- you will not post or transmit any Content that is (or reasonably should be understood to be) libelous, defamatory, obscene, offensive (including material promoting or glorifying hate, violence, or bigotry or otherwise inappropriate to the community ethos of the Application).
You agree not to interfere or attempt to interfere with the proper working of the Application or to disrupt the operations or violate the security of the Application. Violations of system or network operation or security may result in civil or criminal liability. We will investigate possible occurrences of such violations, and we may involve and cooperate with law enforcement authorities in prosecuting anyone involved with such violations. You agree to comply with all user responsibilities and obligations as stated in this Agreement. Non-enforcement or our failure to act with respect to a breach by you or others of this Agreement does not constitute consent or waiver, and we reserve the right to enforce such term at our sole discretion. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Nothing contained in this Agreement shall be construed to limit the actions or remedies available to us with respect to any prohibited activity or conduct.
We hereby grant to you a limited, non-exclusive, non-assignable, non-sublicensable license to access and use our Application, and any user guides, specifications or related documentation (the “Documentation”), subject to the terms and conditions of this Agreement. This license is only for your personal and non-commercial use and only for the term of this Agreement. To the extent not limited or restricted under any applicable law or regulation, you are granted permission to temporarily download one copy of the Application for personal, non-commercial use only on each mobile device that you own or control. You may not distribute or make the Application available for use by others on multiple devices simultaneously. Under this license, except as and only to the extent any of the following restrictions are prohibited by applicable law or any of the restricted activities are permitted by the licensing terms of any open-sourced components incorporated into the App, you may not:
- lend, rent, lease, sell, redistribute, assign, sublicense or otherwise transfer the Application or the right to download or use the App;
- use the Application for any commercial purpose or for any commercial or non-commercial public display;
- copy, decompile, reverse engineer, disassemble, attempt to derive the source code of the App, any Application updates, or any part of the Application or updates, or attempt to do any of the foregoing;
- copy, modify or create derivative works of the Application, Documentation any Application or Documentation updates or any part of the Application, Documentation or updates;
- remove any copyright or other proprietary notices from the App, Documentation, part of the Application;
- transfer the Content or materials from the Application to anyone else or “mirror” the same on any server;
- circumvent, disable, or otherwise interfere with security-related features of the Application or features that prevent or restrict use or copying of any content;
- use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Application;
- harvest, collect or mine information about other users of the Application;
- post or transmit any virus, worm Trojan horse or other harmful or disruptive element; or
- violate any applicable law, rule or regulation.
If you violate any of these restrictions, this license will automatically terminate, and you may be subject to prosecution and damages.
Bayer and its licensors own the Documentation and App, including any material or Content made available through the Application, including our proprietary algorithm, and all worldwide intellectual property rights in the foregoing. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit or otherwise use any material made available in the Application. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Application. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in this Agreement grants you any right to use any trademark, service mark, logo, or trade name of ours or any third party.
Limitations on Liability
To the maximum extent permitted by applicable law, under no circumstances and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall we, our affiliates, or any of our or their employees, directors, officers, agents, vendors or suppliers be liable to you or to any third party for any personal injury, including death, or for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use of or inability to use the Application, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer or device failure or malfunction, even if a representative of ours has been advised of or should have known of the possibility of such damages. In addition to the foregoing, we assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission or communications line failure. We are not responsible for any problems or technical malfunction of any telephone or cellular phone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any e-mail due to technical problems or traffic congestion on the Internet, including any injury or damage to users or to any person’s mobile device or computer related to or resulting from participation or use of the Application. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
Any claims arising in connection with your use of the Application must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under this Agreement are exclusive and are limited to those expressly provided for in this Agreement, even if the applicable remedy under this Agreement fails of its essential purpose.
You agree to defend, indemnify, and hold us harmless including our officers, directors, employees, agents, subcontractors, licensors and suppliers, any of our affiliated companies or organizations, and any successors, assigns or licensees, from and against any claims, actions or demands, damages, losses, liabilities, judgments, settlements, costs or expenses (including attorneys’ fees and costs) arising directly or indirectly from or relating to a) the breach of this Agreement by you or anyone using your computer, mobile device, password or login information; (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Application; (c) your violation of any law or regulation; or (d) any other matter for which you are responsible under this Agreement or under law. You agree that your use of the Application shall be in compliance with all applicable laws, regulations and guidelines.
ver: Disclaimers, Ownership, Limitations on Liability, Indemnity, Choice of Law and Forum, Entire Agreement and Severability.
Choise of Law and Forum
This Agreement shall be governed in all respects under the laws of the Pakistan. In any claim or action by you directly or indirectly arising under this Agreement or related to the Application, you irrevocably agree to submit to the exclusive jurisdiction of the courts located in Sindh. You waive any jurisdictional, venue or inconvenient forum objections to any of these courts that may have jurisdiction.
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.
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.
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.
Bayer is aware that the security of your private information is an important concern when you use our apps. We take the protection of your personal data very seriously. Therefore we would like you to know what data we maintain and what data we discard. With this privacy statement, we would like to inform you about our security measures.
Collection of Data
When you install this app, data may be stored for various security purposes. This data may include the name of your internet service provider and your IP-Address. This data could possibly lead to your identification, but we do not use it to do so. We do use the data from time to time for statistical purposes, but maintain the anonymity of each individual user so that the person cannot be identified. In cases when personal data is provided to others to provide you products or services you have requested, or for other purposes you have authorized, we rely on technical and organizational means to assure that applicable data security regulations are followed.
Collection and Processing of Personal Data
We collect personal data only when you provide it to us through registration, completion of forms or e-mails, or as part of an order for products or services, inquiries or requests for materials being ordered and similar situations in which you have chosen to provide the information to us.
The database and its contents remain with our company and stay with data processors or servers acting on our behalf and responsible to us. Your personal data will not be passed on by us or our agents for use by third parties in any form whatsoever, unless we have obtained your consent or are legally required to do so.
We will retain control of and responsibility for the use of any personal data you disclose to us. Some of this data may be stored or processed at computers located in other jurisdictions, such as the United States, whose data protection laws may differ from the jurisdiction in which you live. In such cases, we will ensure that appropriate protections are in place to require the data processor in that country to maintain protections on the data that are equivalent to those that apply in the country in which you live.
Purposes of Use
The data we collect will only be used for the purpose of supplying you with the requested products or services or for other purposes for which you have given your consent, except where otherwise provided by law.
Right of Access and Correction
You have the right to review and amend any personal data stored in our system if you believe it may be out of date or incorrect. Just send an e-mail to the address given in the imprint or contact the Data Privacy Officer at the address below.
Right of Cancellation
You have the right at any time to withdraw your consent to the use of your personal data in the future. Again, just send an e-mail to the address given in the imprint or contact the Data Privacy Officer at the address below.
We only retain personal data for as long as is necessary for us to render a service you have requested or to which you have given your consent, except where otherwise provided by law (e.g. in connection with pending litigation).
Bayer uses technical and organizational security precautions to protect your data from manipulation, loss, destruction or access by unauthorized persons. Any personal data that is provided to Bayer by you will be encrypted in transit to prevent its possible misuse by third parties. Our security procedures are continuously revised based on new technological developments.
If you have any problems, questions or ideas, please contact the following person:
Data Privacy Officer
Faiqa Mariam Zaman
Bayer Pakistan (Private) Limited
The constant development of the internet requires occasional adjustments to our privacy statement. We retain the right to make changes when necessary.
Bayer Pakistan (Private) Limited
4th Floor, Bahria Complex II,
M.T. Khan Road,