Office No. Building Name Street Name110085DelhiIN
Syngenta Retailer
Office No. Building Name Street NameDelhi, IN
+9118001215315https://syngentaretailers.syngenta.com/s/6374b08819e0cf01b3206a07/63aaea0caa7473007d889b19/color-logo-480x480.png"[email protected]

TERMS OF SERVICE AND PRIVACY POLICY

Welcome to our “Syngenta Retailer” ‘Mobile Application’ and ‘Web Application’ (hereinafter known as ‘App’). This App is published by or on behalf of “Syngenta India Private Limited”, (erstwhile Syngenta India Limited) (hereinafter known as “Syngenta”/ “Company”, registered under the Companies Act, 1956 and having its registered office at Amar Paradigm, S. No.11/11/3, Baner Road, Pune, Maharashtra, India, 411045(including its assignees, affiliates and successors). The App primarily serves the retailers in India and provides Services including but not limited to facilitating sale and purchase of Syngenta products by the Buyers and Sellers.  Additionally, the retailers can connect with third-party service providers, to avail Services such as credit Services, product delivery at doorstep and loyalty program benefits (“Services”).

BY DOWNLOADING OR OTHERWISE ACCESSING THE APP, YOU AGREE TO BE BOUND BY THE FOLLOWING “TERMS AND CONDITIONS” AND OUR ‘PRIVACY POLICY’. IF YOU HAVE ANY QUERIES ABOUT THE APP OR THESE “TERMS OF SERVICE” OR “AGREEMENT OR TERMS, YOU CAN CONTACT US BY ANY OF THE MEANS SET OUT IN PARAGRAPH 16 OF THESE TERMS. IN FURTHERANCE OF THE FOREGOING, YOU ALSO REPRESENT THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE PROVISIONS OF THESE TERMS. YOUR USE OR ACCESS TO THE APP AND ANY REGISTRATION ON THE APP SHALL BE DEEMED TO BE YOUR CONSENT TO THESE TERMS OF SERVICE. BEFORE PROCEEDING, YOU AGREE AND ACKNOWLEDGE THAT SYNGENTA IS A MERE FACILITATOR FOR ALL INSTANCES OF SERVICES AND THE SERVICES ARE AVAILED BY YOU IN YOUR INDIVIDUAL CAPACITY OR AS AN AUTHORISED REPRESENTATIVE OF A THIRD PARTY.

 

The App and the Services provided is/ are made available on Google Play store/Apple Appstore/PWA (web app) to the Users (hereinafter referred to as “You”, “Your” or “User”) of the App.

 

 

  1. ELIGIBILITY

 

Upon successful registration on the App, You may take a note of the following:

 

  • You are fully able, competent and authorized to enter into the terms, conditions, obligations, representations and warranties set forth in this Agreement. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the App.

 

  • If You are a minor i.e. under the age of 18 years, ou shall not register as a User or, transact or use the App. Syngenta reserves the right to terminate your registration and/or refuse your access to App if it is brought to Syngenta ’s notice or discovered that you are under the age of 18 years.

 

  • If You register as a business entity, you represent that You are duly authorized by the business entity to accept the terms and conditions of this Agreement and You have the authority to bind the business entity to this Agreement and that the business entity is registered under the applicable laws.

 

  • Your use of App does not violate any applicable law or regulation.

 

  • You have not been previously removed from using the Service or App by Us or your account has not been terminated by Us.

 

  • You do not have any other fictitious account or Subscriber ID registered on the App.

 

 

  • All the information provided by You is true, accurate, current and complete, and You will not hold us liable to verify any such information or your eligibility or authority to use the App or avail the Services.

 

2. USE OF APP AND/OR SERVICE

Upon signing up on the App by the User, Syngenta hereby grants to the User during the Term of this Agreement, a fixed-term, non-exclusive, non-transferable, revocable, non-sub licensable, worldwide, limited license to use and access the App and/or Services for the User’s internal business use only and in accordance with the terms and conditions of this Agreement. The grant of license to use and access App and Services shall be restricted to Users only and must be in accordance with the terms and conditions of this Agreement. Nothing herein contained shall be construed as granting to the User any intellectual property right, which includes copyrights under the App and Services except as expressly provided for hereunder. Syngenta  reserves all rights not expressly granted herein. Use of the App for any purpose not expressly permitted by this Agreement is strictly prohibited.

3. ACCESS TO APP’S PLATFORM

Syngenta does not guarantee availability of the App at all times. We shall take reasonable efforts to make the Services available to You, at all times through the App. However, as the Services are provided over the internet, data and cellular networks, the quality and availability of the same may be affected by factors outside Syngenta ’s control. Therefore, we shall not be liable for non-availability of the Services at any time. We may try and restore access to the App and the Services on a reasonable and commercially viable basis.

4. ACCOUNT MANAGEMENT

 

  • Login credentials.

User shall be responsible for maintaining the confidentiality of its Login credentials which would be generated at the time of logging into the App and User agrees to accept responsibility for all activities that are carried out in its name.

Unauthorized use of Log in credentials.

You must (i) notify Syngenta immediately in case of any breach of security or unauthorized use of Your log in credentials (ii) report to Syngenta immediately and use reasonable efforts to stop any unauthorized use of the Services that is known or suspected by You, and (iii) not provide false identity information to gain access to another User’s credentials to use the Services. You agree to abide by all applicable laws and regulations. You shall be solely responsible for Your acts and omissions. Syngenta shall not be responsible for any misuse or unauthorized use of Your credentials and loss of data or functionality occasioned due to such unauthorized use.

5. TERM AND TERMINATION

 

  • This Agreement will remain valid from the time the User signs up to use the App and the Services till this Agreement is terminated as provided herein.

 

  • Your right to access and use the App terminates automatically upon –

 

  1. Your material breach of any terms contained in this Agreement;
  2. if we are unable to verify or authenticate any information You provide.

 

  • We may at any time, at our sole discretion, reinstate suspended User. A User that has been suspended or blocked may not register or attempt to register with us or use the App (through itself or any other entity or legal form) in any manner whatsoever until such time that such a User is reinstated by us. Notwithstanding the foregoing, if You breach the Agreement or other rules and policies, we reserve the right to recover any amounts due and owed by You to us and take strict legal action, including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against You.

 

  • Upon the expiry or termination of this Agreement:

 

  1. the User’s right to access the App and use the Services shall immediately cease;
  2. Termination of the Agreement or User’s deletion of its User ID shall not immediately remove the contents of the User ID and User’s account shall continue to be functional and User shall be liable to the extent of any uncompleted Services that the User has agreed to avail or provide till the date of completion of the Services.

 

6. RESTRICTIONS ON USE OF APP

 

  • You agree and understand that App merely provides browsing/visiting the App to its registered Users. All products listed, contents therein, Services provided are advertised by Syngenta including third parties. Syngenta shall bear no responsibility or liability in relation to or arising out of third party User generated content. Syngenta is merely an intermediary here.

 

  • You agree, undertake and confirm that Your use of the App shall be strictly governed by the following binding principles:

 

  1. Not interfere with another’s use and enjoyment of App.
  2. Not Infringes any patent, trademark, copyright, proprietary rights, third-party’s trade secrets, rights of publicity, or privacy
  3. Not violates any law for the time being in force.
  4. To not deceive or misleads the addressee/ Users about the origin of messages or communicates any information which is grossly offensive or menacing in nature.
  5. shall, directly or indirectly, offer or attempt to offer trade or attempt to trade in any item which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.

 

  • You shall not use any ‘deep-link’, ‘page-scrape’, ‘robot’, ‘spider’, automatic device, program, algorithm, methodology, or any similar or equivalent manual process to access, acquire, copy, monitor any portion of the App or content or in any way reproduce, or circumvent the navigational structure, presentation of the App, or any content to obtain or attempt to obtain any material, documents, or information or gain unauthorised access through any means not purposely made available through the App. We reserve our right to bar any such activities.

 

  • You shall not probe, scan or test the vulnerability of the App or any network connected to the App or breach the security, authentication measures on the App or any network connected to the App. You may not reverse look-up, trace or seek to trace information on any other user of or visitor to App (including any account on the App that is not owned by You) or to its source or exploit the App, any service, information made available, or offered by or through the App in any way where the purpose is to reveal any information provided by the App.

 

 

  • It is also possible for others to obtain personal information about You due to Your use of the App and use such information to harass or injure you. We do not approve of such unauthorized uses but by using the App, You acknowledge and agree that we are not responsible for the use of any personal information that You publicly disclose or share with others on the App. Please carefully select the type of information that You publicly disclose or share with others on the App. You also agree not to hold Syngenta responsible in any manner for such act of other User towards You.

 

  • Syngenta shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group(s) of people, intentionally or unintentionally.

 

7. COMPETITIONS

 

If You take part in any “Competition” which is run in or through the App, you agree to be bound by the rules of that Competition and any other “Rules” specified by Syngenta from time to time and by the decisions of Syngenta, which are final in all matters relating to the Competition. Syngenta reserves the right to disqualify any entrant and/or winner in its absolute discretion without notice in accordance with the Competition Rules.

 

8. IN-APP VOUCHER CODES

 

Any in-App voucher codes issued by Syngenta may only be used in accordance with our Terms and Conditions for in-App voucher codes.

 

9. SUBSCRIBER CONTENT

 

  • All text, graphics, visual interfaces, photographs, trademarks, logos, sounds, music and artwork, notes, messages, emails, billboard postings, drawings, profiles, opinions, ideas, images, videos, audio files, other material or information (collectively ‘Content’)are Syngenta as well as third-party generated Content and Syngenta has no responsibility or liability over such third-party generated Content as Syngenta  is merely an intermediary for the purposes of this Agreement except for the Content explicitly generated by Syngenta . Except as expressly provided in the Agreement, no part of the App including the Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including ‘mirroring’) to any other computer, server, website or other medium for publication, distribution or any commercial enterprise without Syngenta ’s prior written consent.

 

  • You may use the information of the Products made available on the App for downloading provided You:

 

  • use such Content only for Your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it to any media;
  • make no modifications to any Content; and
  • do not make any additional representations or warranties relating to the Content.

 

10. PROPREITARY RIGHTS

 

  • The “Trade Marks”, service marks, and logos contained on or in the App are owned by Syngenta or its group companies or third parties vendors. You cannot use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trade Marks without the prior written consent of Syngenta or the relevant group Syngenta  or the relevant Vendors of Syngenta. Syngenta owns all rights in any intellectual property rights created or developed by Syngenta  and exclusively owns all rights (including intellectual property rights), title, interest in respect of the App.  
  • All Content on the App, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks and other intellectual property rights. You must not copy, reproduce, republish, upload, post, transmit, or distribute Syngenta ’s or other sellers’ material in any way, including by email or other electronic means and whether, directly or indirectly, You must not assist any other person to do so. Without the prior written consent of the owner, modification or use of the material on any other website/networked computer environment or for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks, and other proprietary rights is prohibited. Any rights not expressly and unequivocally granted to the User are reserved. Any use for which You receive any remuneration, whether money or otherwise, is a commercial use for the purposes of this clause.

 

  • Syngenta may link to or offer third-party services on App as part of the Services. Any purchase, enabling, or engagement of such third-party services, including but not limited to Finance Services and any exchange of data between You and any third-party service provider, is solely between You and the applicable third-party service provider and is subject to the terms and conditions of such third-party service provider. Syngenta does not warrant, endorse or support such third-party services and is not responsible or liable for such third-party services or any losses or issues that result as Your use of such third-party services. If You purchase, enable or engage any third-party service for use in connection with the Services, You acknowledge that Syngenta may allow providers of those third-party services to access Your data used in connection with the Services as required for the interoperation of such third-party services with the Services. You represent and warrant that Your use of any third-party service signifies Your independent consent to the access and use of Your data by the third-party service provider, and that such consent, use, and access is outside of Syngenta ’s control. Syngenta will not be responsible or liable for any disclosure, modification or deletion of data resulting from any such access by third-party service providers or any claims, liabilities or losses suffered by a User due to such use of third-party services.

11. TRANSACTIONS BETWEEN BUYER AND SELLER

  • Syngenta is merely a facilitator and is not and cannot be a party to or control in any manner any advertisement, exhibition, making available, offer to sell or transactions of sale or purchase on the App including logistics (directly managed by Seller).
  • When a product is listed for sale on the App by a Seller, products sold to Buyer by the Seller will be governed by the bipartite contractual arrangement entered into directly between the Buyer and the Seller. Buyer agrees that Syngenta cannot and does not confirm each Seller’s purported identity. Syngenta encourages Buyers to exercise discretion and caution while dealing with various Sellers.
  • User further acknowledges and undertakes that it shall use the App or Services only for its lawful business purposes. Buyer agrees to purchase the products from the Seller for further resale or commercial purpose and shall not use the products purchased for your personal use or consumption.
  • For any Services, Syngenta does not represent either the Seller or the Buyer in specific transactions. Syngenta does not control and is not liable to or responsible for the quality, safety, suitability of products, lawfulness or availability of the products or services offered for sale on the App, or the ability of the Seller to complete a sale or the ability of Buyers to complete a purchase. Syngenta does not implicitly or explicitly support or endorse the sale or purchase of any products on the App. At no time shall any right, title or interest in the products sold through or displayed on the App vest with Syngenta nor shall Syngenta have any obligations or liabilities in respect of any transactions on the App.
  • Each User acknowledges that it is fully assuming the risks of conducting any purchase and sale transactions (hereinafter referred to as “Transaction Risk”) in connection with using the Platform or Services, and that it is fully assuming the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using the App. User acknowledges and undertakes that it is transacting on the App at its own risk and is using its best and prudent judgment before entering into any transactions through the App.
  • Syngenta shall neither be liable nor responsible for any actions or inactions of the User nor any breach of conditions, representations or warranties of the products and hereby expressly disclaims any and all responsibility and liability in that regard. Syngenta shall not mediate or resolve any dispute or disagreement between Buyer and the Seller of the products or any third party that is rendering services to you.
  • Syngenta does not make any representations pertaining to the information, content, products included on or delivery of the products or otherwise made available to User and User acknowledges that we are only acting as an intermediary between the Buyer and the Seller. User hereby further agrees, acknowledges and confirms that Syngenta is not responsible in any way for the products purchased by the Buyer from the Seller and it is explicitly agreed by the User that Syngenta will not in any way, under any circumstances whatsoever, be responsible or held liable for products purchased by Buyer from the Seller and/or in relation to any issue and/or dispute thereof. User hereby further agrees, acknowledges and confirms that under the aforesaid circumstances Buyer’s only recourse will be against the Seller and Syngenta will not be made a party to any such issue and/or dispute between the Seller and the Buyer.
  • The User(s) shall be solely responsible for obtaining all necessary third party licenses and permissions (if any required under applicable law) regarding the right and authority (if required under applicable laws) to re-sell, trade, re-distribute or export or offer to sell, trade the products or services and such sale, trade, distribution or export or offer does not violate any applicable laws
  • The Seller shall be responsible to arrange for logistics including fulfilment of delivery of product to the Buyer at its own. Syngenta will not in any way, under any circumstances whatsoever, be responsible or held liable for delay, cancelation, damage, return of the product to the Buyer.
  • Upon placing the order on the App, Buyer shall make payment for the Products purchased by using the cash on delivery payment mode made available by Syngenta on the App. The payment shall be collected by the Seller or any third party arranged by Seller directly. In no event Syngenta shall be made responsible and liable for non-receipt of payment by the Seller and shall not be part of any dispute arising out of such issue between the Buyer and the Seller.
  • Syngenta reserves all rights to remove or restrict listings of any counterfeit or spurious products that may violate the Terms of Use.

12. PRIVACY POLICY

We respect data privacy rights and are committed to protecting personal information collected on the App. This privacy policy (“Privacy Policy”) sets forth how we collect, use and protect the personal information collected on this App.

PLEASE READ THIS PRIVACY POLICY CAREFULLY. BY CONTINUING TO USE THE APP, AND PROVIDING US PERSONAL INFORMATION, YOU CONSENT TO OUR USE OF YOUR PERSONAL INFORMATION IN ACCORDANCE WITH THE TERMS OF THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, YOU MAY WITHDRAW YOUR CONSENT.SUCH AN INTIMATION TO WITHDRAW YOUR CONSENT CAN BE PROVIDED BY EMAIL TO [email protected] . YOU REPRESENT THAT YOU HAVE OBTAINED EXPLICIT CONSENT FROM ANY INDIVIDUAL WHOSE PERSONAL INFORMATION IS SHARED BY YOUR USAGE OF THE APP.

This Privacy Policy is an electronic record in the form of an electronic contract being compliant and construed in accordance with The Indian Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 under The Information Technology Act 2000 (“Privacy Rules”) that require publishing of privacy policy for the collection, use, storage and transfer of sensitive personal data.                                                                                                                                                                                                                                                                                                                                                       

 

  1. Definition

“User(s)”, “you”, “your” shall include any individual who registers and uses the App. 

  1. Personal Information Collected

For purposes of this Privacy Policy, “Personal Information” means information that can be used to personally identify an individual, including but not limited to the name, mobile number, email address, address/location details, photographs, gender details, and other details as applicable.

  1. To use the App, the User is required to share the mobile number, one-time password (OTP) will be generated, and upon completion of the OTP verification process, the User can sign into the App. In order to register and use the App, the User has to provide information such as name, mobile number, residence/office address. In connection with the transactions on the App You may be required to submit additional documents including but not limited to GST certificate, Pesticide License, Udyog aadhar etc to facilitate sale and purchase of products.
  2. The App may contain functionality that collects information about Your location, such as via GPS (global positioning systems), your mobile network, or bluetooth beacon. Syngenta may collect and use Your precise (or GPS) location information collected from the App to enhance your use of the App by providing You with curated information and Services.  
  • Syngenta may also collect the mobile device IP address or other unique identifier ("Device Identifier") for any mobile phone, tablet, or other device (any, a "Device") used to access the App. A Device Identifier is automatically assigned to Your Device, and our servers identify your Device by its Device Identifier.
  1. The App will not access your photos or camera without first getting your explicit permission. If You give us permission to access photos or Your camera, the App will only use images that You specifically choose to share with us. You may use the App to select the photo or photos you choose to share, Syngenta will never import the photos you review except those you explicitly share. At any time, you can manage your photos and camera preferences by turning off this feature in the Device settings of your mobile device.
  2. When You access our App, we may direct you to third-party pages to facilitate additional services including but not limited to loan facilities. Additional information may be collected and stored by a third-party service provider. Please note we do not request and collect financial information from our Users. Please note that we do not have any control over such other entities, and You will be providing such information at Your own risk.

In future, we may include other optional requests for information from the User including through user surveys in order to help customize the App and to deliver personalized information to the User and for other purposes.

  1. Accuracy of information

User undertakes that it shall be solely responsible for the accuracy, correctness, or truthfulness of the Personal Information shared with us whether of its own or any third party. In the event the User is sharing any Personal Information on behalf of a third person, the User represents and warrants that it has the necessary authority to share such Personal Information with Syngenta, obtained a written consent from such third party and Syngenta  shall not be responsible for verifying the same. The User understands and acknowledges that such Personal Information shall be subject to the Terms and Conditions of this Privacy Policy.

III. Use of Personal Information

We use the Personal Information for the following purposes:

  • To complete the registration formalities and to create an account for the User;
  • To provide User with the Services and to assist the User in the event the User needs any additional support;
  • To facilitate sale and purchase of products
  • to inform Users about our products or upcoming events;
  • for creation or development of business intelligence or data analytics (for this purpose we may share the Personal Information with certain software or tools available online);
  • to provide You with a better experience when you access our App;
  • to maintain and manage our App;
  • to manage our relationship with You;
  • to assist the User with technical difficulties that may arise in relation to the User’s use and access to the App;
  • To call the User to provide any service or specific request or to solicit certain Services;
  • for internal record keeping; and to comply with our legal or statutory obligations.
  1. Disclosures

We do not sell, rent, share, distribute, lease or otherwise provide Your Personal Information to third parties, without Your prior consent. However, in course of providing access to the App we may share Your personal Information. Accordingly, You expressly give your free consent to us to disclose or share your Personal Information in the following cases:

  • We may provide your Personal Information to our affiliates to enable them to improve the App, provide feedback and respond to their queries.
  • We may share your Personal Information with the service providers such as but not limited to third-party lenders, service providers, logistics partners, payment gateways, banks, consultants who work with us in connection with operating the App and/ or providing the Services. All such service providers are subject to stringent confidentiality restrictions consistent with this Privacy Policy.
  • We may transfer your Personal Information if we are acquired by another entity, or if we merge with another company or transfer a part of our business, including the App, to a third party. Any such third party or resultant entity that receives Your Personal Information shall have the right to continue to use your Personal Information in line with the purposes set out herein. In the event of such a sale or transfer, we may notify You.
  • Personal Information of the User may be shared with Syngenta internal business processes to enable Syngenta to improve services and offerings. The Personal Information may be shared/updated across Syngenta’s App ecosystem.
  • We may disclose Your Personal Information to governmental and public authorities for reasons of national security, law enforcement or other issues of public importance. Where legally permitted we will inform You ahead of such transfer. We may also disclose Personal Information if we determine in good faith that disclosure is necessary to protect our rights, resolve legal conflict, enforce our Terms and Conditions, investigate fraud or protect other Users.
  1. Data Retention

We will retain User’s Personal Information as long as it is required to be retained for the purpose of provision of the Services. We may also retain and use User’s Personal Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

  1. Security

Your Personal Information is stored securely on a third-party service providers secure cloud infrastructure namely Amazon Web Services (“AWS”) Data Centers. Syngenta is committed to maintaining information security; we have a dedicated information security team and AWS also implements robust security practices. Although we provide App appropriate firewalls and protections, we cannot warrant the security of Personal Information transmitted as these systems are not hack proof. Data pilferage due to unauthorized hacking, virus attacks, technical issues is possible, and we will take necessary measures to mitigate such events.

  • Your Rights

You have the right to access Personal Information in our possession, right to have us rectify or modify any such Personal Information, right to have us erase/delete your Personal Information, right to restrict us from processing such Personal Information, right to object to our use of Personal Information, withdraw consent at any time where we are relying on consent to process Personal Information. Depending on the nature of the request, we may ask You to complete a Personal Information request form or seek certain details to verify the request. All requests for Personal Information will be handled within a reasonable period of time. If You would like to exercise any of these rights, please contact us on [email protected].

  • Accessing and modifying Personal Information

In case Users that avail of our Services or use our App, need to access, review, and/or make changes to the Personal Information, Users may do so themselves on his/her user account or by requesting Syngenta ’s admin to do so.

  1. Links to other Websites

Our App may contain links to other websites or platforms/ App of your interest. Please note that we do not have any control over such other websites, and you will be accessing these websites at your own risk. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such websites/Apps and those are not governed by this Privacy Policy. You should exercise caution and look at the privacy policy applicable to such websites.

 

  1. Choice and Opt-Out

We may send you communications including but not limited to (a) notices about your use of our App and Services, including those concerning violations of use, (b) updates, (c) promotional information regarding the Services and (d) newsletters. You may opt out of receiving promotional calls, emails and newsletters from us by following the unsubscribe instructions provided in those emails. Alternatively, you can opt out, at any time, by emailing [email protected]  with your specific request.

  1. Changes to this Policy

Please revisit this page periodically to stay aware of any changes to this Privacy Policy, which we may update from time to time. If we modify this Privacy Policy, we will make it available through the App and indicate the date of the latest revision. If such modifications materially alter your rights or obligations hereunder, we will make reasonable efforts to notify you of the change via email or through our App.

This Privacy Policy was last modified on 22nd December, 2022.

13. INDEMNITY

 

You shall indemnify and hold harmless Syngenta , its licensees, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees from any claim, demand, or actions including reasonable attorneys' fees made by any third party or penalty imposed due to or arising out or relating to: (i) your violation of any rights of any other person in connection with the App; (ii) infringement of any third party intellectual property rights; (iii) any breach of the Terms and Conditions of this Agreement; (iv) any breach of applicable law or violation of any laws and regulations.

 

14. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES PROVIDED BY SYNGENTA ON OR THROUGH THE APP ARE PROVIDED "AS IS", "AS AVAILABLE", AND SYNGENTA HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, AND UNDERTAKINGS ARE HEREBY EXCLUDED.

IN NO EVENT SHALL SYNGENTA , ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, INFORMATION, OR OTHER INTANGIBLE LOSSES (EVEN IF APP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE APP OR THE SERVICE, INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE APP OR THE SERVICE OR THE CONTENT POSTED ON YOUR USER ID, FROM INABILITY TO USE THE APP OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE APP OR THE SERVICE. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY ONLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR RENDERED THROUGH OR ADVERTISED IN CONNECTION WITH THE APP OR THE SERVICES THROUGH THE USER ID OR ANY LINKS ON THE APP, AS WELL AS BY REASON OF ANY INFORMATION, OPINIONS OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE APP OR THE SERVICES. THESE LIMITATIONS SHALL APPLY ONLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT SYNGENTA SHALL NOT BE LIABLE FOR USER DETAILS AND CONTENTS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED WARRANTY OR REMEDY HEREIN.

15. GENERAL

 

  • These Terms and Conditions (as amended from time to time) constitute the entire agreement between you and Syngenta concerning your use of the App.

 

  • Syngenta reserves the right to update, modify or change these Terms and Conditions from time to time. If it does so, the updated version will be effective immediately, and the current Terms may be available through a link in the App to this page. You are responsible for regularly reviewing these Terms so that you are aware of any updates/changes to the Terms and Conditions and you will be bound by any new policy/policies upon your continued use of the App.”

 

  • These Terms and Conditions shall be governed by and construed in accordance with India laws and regulations and you agree to submit to the exclusive jurisdiction of the courts at Pune.

 

  • If any provision(s) of these Terms and Conditions are held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties (as reflected in the provision) and all other provisions shall remain in full force and effect.

 

  • Syngenta’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Syngenta in writing.

 

  • Unless otherwise expressly stated, nothing in the Terms and Conditions shall create any rights or any other benefits whether pursuant to the Contracts Act 1972 or otherwise in favour of any person other than you, Syngenta and its group companies.

 

 

16. Contact us

If You have any questions or concerns or grievances regarding this Terms of Service and Privacy Policy, or wish to withdraw Your consent in relation to the processing of Your Personal Information you can reach out to our App via email at [email protected] or call us on 18001215315.