TERMS OF USE

 

Last updated on: 22 Sept 2023

 

These Terms and Conditions (“Terms”) govern your access or use of the website available at https://mastercardfarmernetwork.co.in/ or mobile application Farmrise One operated by Bayer (collectively, the “Platform”) and services made available on or through the Platform (the provision of the Platform and services on or through the Platform are referred to as “Services”).

 

The Services are provided by Bayer CropScience Limited, a company established under the laws of India, having its registered office at Bayer House, Central Avenue, Hiranandani Estate, Thane (West) – 400607 and its affiliates (“Bayer”, “we”, “us” or “our”). Please read these Terms carefully before accessing or using the Platform or Services. These Terms also include our privacy policy, available at https://mastercardfarmernetwork.co.in/ (“Privacy Policy”) and any other additional policies and terms issued by Bayer from time to time. For the purposes of these Terms, a user of the Platform or Services is referred to as a “User” or “you”.

 

Your access and use of the Platform and the Services constitute your agreement to be bound by these Terms, which establishes a contractual relationship between you and Bayer. If you do not agree to these Terms, you may not access or use the Services or the Platform.

 

1.          SERVICES

 

The Platform is a digital marketplace that enables farmer producer organisations, farmer producer companies, and other analogous farmer producer collectives (collectively, “FPOs”) and farmers to sell agricultural produce (“Produce”) to buyers (each, a “Buyer”), in each case, as permitted by the applicable law. The Platform may also enable third party service providers, including but not limited to our affiliates, payment gateway providers, banking and financial service providers, warehouse service providers and insurers (collectively, “Service Providers”) to provide additional services to FPOs and Buyers through the Platform. Services include, but are not limited to the facilitation of sale and purchase of agricultural commodities among Users.

 

2.          ELIGIBILITY

 

2.1.      You may use the Services if you are competent to contract, have not been previously suspended or removed by Bayer from availing the Services or have been disqualified from availing any Services, and are not barred or otherwise legally prohibited from accessing or using the Services.

 

2.2.      If you represent an entity, organisation, or any other legal person, you confirm and represent that you are duly authorised to accept these Terms on behalf of and have the necessary power to bind such entity, organisation, or legal person to these Terms.

 

3.          PROFILE CREATION

 

3.1.      To access certain features of the Platform or the Services, you are required to create a profile (“Account”) on the Platform. To create an Account, you must provide us with your email address and phone number, which we will use to authenticate your identity by generating a one-time- password in accordance with these Terms. If you choose to create an Account, you agree to provide and maintain true, accurate, and complete information about yourself. A failure to do so shall constitute a breach of the Terms, which may result in immediate termination or suspension of your Account.

 

3.2.      You are solely responsible for maintaining the confidentiality of the Account details and for any activity that occurs through your Account. You agree to immediately notify Bayer of any actual or suspected unauthorised use of your Account or any other breach of security. Bayer or its affiliates will not be liable for any losses or damages that may arise from your failure to comply with the above-mentioned provisions or your failure to ensure the confidentiality of your Account or password.

 

3.3.      Bayer reserves the right to revoke your access to the Account, Platform, and/or Services if, in its reasonable opinion, you are in breach of any provision of the Terms or the applicable law, in the event of any actual or suspected unauthorised access to your Account, or if your Account remains inactive for a period exceeding 1 (one) calendar year.

 

3.4.      You agree and acknowledge that you may be required to provide Bayer with access to certain information to enable it to provide the Services. Where this information includes personal information, Bayer’s access to and use of such information shall be in accordance with the Privacy Policy. You may have the right to revoke access to your data; however, this may impair your use of the Services.

 

4.          VERIFICATION

 

4.1.      You may be required to undertake certain additional processes with us in order to avail the Services. In this regard, we may, under the instructions of our Service Providers and on their behalf, require you to upload documents and information that may be necessary for the Service Providers to ascertain your eligibility to avail the Third Party Services (defined below).

 

4.2.      Any processing of personal information that we undertake shall be in accordance with our Privacy Policy. Further, in the event any additional information, data, or documentation is required by us or the Service Providers (collectively, “Additional Information”), you agree to share such Additional Information promptly upon request, and further authorise us and/or our Service Providers to process such Additional Information in connection with the Services, the Third Party Services and your use of the Platform.

 

4.3.      If the Additional Information provided by you, in our sole discretion, is unreliable or appears to be fraudulent or deficient,  we reserve the right to not provide you the Services or access to the Platform, as the case may be.

 

5.          FEES

 

5.1.      You may be charged a fee for the specific Service which shall be set forth on the Platform (“Fees”). We reserve the right to charge such Fees as we may determine, in our sole discretion from time to time, to provide you with the Services chosen by you. You agree to the pay any Fees in accordance with the timelines prescribed by Bayer from time to time.

 

5.2.      Each User agrees and acknowledges that Bayer reserves the right to introduce or change any Fees, charges or commissions for the use of the Platform or the Services, in any manner it deems appropriate, and in the event a User uses or continues to use the Platform or the Services on or after the date such Fees, charges or commission are introduced, such User shall be deemed to have agreed to accept the imposition of such Fees, charges or commission, and shall be responsible to pay to Bayer such amounts for the use of the Platform or Services.

 

5.3.      Changes to any Fees, charges or commissions shall be notified through the Platform and shall become effective from the date of such notification.

 

5.4.      Each User agrees that it shall be solely responsible for payment of any applicable governmental or statutory duties or taxes in relation to the marketing and sale of the Produce or any payments to Bayer or any other transactions undertaken pursuant to their interactions on the Platform.

 

5.5.      Users agree that Bayer shall, at all times, have the right to set-off or counterclaim any payments due to, or from, any User in one transaction, against any payments due to, or from, the User in other or previous transactions. Further, Bayer shall have the right to withhold any payment with respect to a sale or a transaction if Bayer at its sole discretion suspects that such a sale or a transaction is suspicious in nature.

 

6.          PAYMENT FOR TRANSACTIONS CONDUCTED OVER THE PLATFORM

 

6.1       You understand and agree that any and all contracts of sale and/or purchase of any goods or services (including title, pricing, payment methods, terms and warranties) that are availed through the Platform are solely between the respective contracting parties. The settlement of any monies related to such sale and/or purchase shall be enabled by the respective contracting third party.

 

7.          THIRD PARTY SERVICES

 

7.1       The Services may include services, content, documents, and information owned by, licensed to, or otherwise made available by a third party (“Third-Party Services”) or contain links to Third-Party Services as necessary to enable such service providers to provide Third-Party Services that are complementary to the Services. You understand and acknowledge that Third Party Services are the responsibility of the third party that created or provided it and acknowledge that use of such Third Party Services is solely at your own risk.

 

7.2       We make no representations and exclude all warranties and liabilities, express or implied or arising in law, arising out of or pertaining to such Third Party Services, including their accuracy or completeness. Should you avail a Third Party Service, you shall be governed and bound by the terms and conditions and privacy policy of the third parties providing the Third Party Services.

 

7.3       In the provision of the Third-Party Services, the third party shall ensure its use of Services-generated data is restricted only to what is necessary to provide the respective complementary service, with appropriate data minimization and responsible data storage requirements in place.

 

8.          GENERAL RESPONSIBILITIES

 

8.1       You represent and warrant that:

 

(a)         all information that you provide on the Platform or in relation to the Services or through the Account or any Additional Information you provide is complete, true, and correct on the date of agreeing to these Terms and shall continue to be complete, true, and correct while you avail the Services, access the Platform or otherwise have an Account on the Platform. Should any information that you provide change during the existence of these Terms, you undertake to immediately bring such change to our notice. We do not accept any responsibility or liability for any loss or damage that you may suffer or incur if any information, documentation, material, or data provided to avail the Services is incorrect, incomplete, inaccurate, or misleading, or if you fail to disclose any material fact or notify us of any change to the same.

 

(b)        you possess all the necessary licences, concessions, grants, authorisations, registrations and permits required for availing the Services and/or access to the Platform.

 

(c)         your use and access of the Platform and/or the Services shall not violate any applicable law, including any to data protection laws and any financial sector regulatory requirements.

 

(d)        that you do not and will not impersonate any person or entity, or falsely state or otherwise misrepresent such person’s or entity’s identity.

 

(e)        your use and access of the Platform and/or Services shall not violate the Bayer’s Code of Conduct as available at https://www.bayer.com/en/procurement/supplier-code-of-conduct.

 

(f)          you have obtained the requisite consent as may be required under applicable law from a third party prior to sharing any personal information of such third party with Bayer or any other third party. You agree that you will share a copy of such a consent with Bayer upon Bayer’s request.

 

8.2       You shall extend all cooperation to us, in our defence of any proceedings that may be initiated against us due to breach of your obligations or covenants under these Terms.  

 

8.3       You shall not use the Services in any manner except as expressly permitted in these Terms and in accordance with applicable law. Without limiting the generality of the preceding sentence, you may not:

 

(a)         infringe, violate or misappropriate any proprietary rights, including but not limited to copyrights, patents, trademarks, or trade secrets, of any party;

(b)        except as may be provided hereunder, sell, lease, sublicense, copy, display, market, distribute, modify, publish, reproduce, store, transmit, post, translate, create any derivative works from, or license the Services;

(c)         use the Services to transmit any data or send or upload any material that contains viruses, trojan horses, worms, timebombs, keystroke loggers, spyware, adware, or any other harmful programmes or similar computer code designed to adversely affect the operation of any computer software or hardware;

(d)        use any robot, spider, other automated device, or manual process to monitor or copy the Platform or Services or any portion thereof;

(e)        engage in the systematic retrieval of content from the Platform to create or compile, directly or indirectly, a collection, compilation, database or directory;

(f)          use the Services in any unlawful manner, for fraudulent or malicious activities, or in any manner inconsistent with these Terms;

(g)         violate applicable laws in any manner;

(h)        use the Platform for any purpose other than the sale and purchase of the Produce and to avail itself of any Services made available by the Platform;

(i)          reverse engineer, decompile or disassemble any third party’s intellectual property, or otherwise attempt to obtain, directly or indirectly, source code or attempt to discover any underlying proprietary methods or algorithms;

(j)          upload or transmit any information or content that is obscene, pornographic, paedophilic, immoral, invasive of another’s privacy, or is relating to or encouraging money laundering or gambling, an online game that causes user harm, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence;

(k)         act in an abusive or threatening manner or use abusive or threatening language on or through the Platform;

(l)          upload or transmit information or content that is harmful to children or that impersonates another person, or deceive or mislead any addressee about the origin of a message, or knowingly and intentionally communicates any misinformation or information which is patently false and untrue or misleading in nature or, in respect of any business of the Indian government, is identified as fake or false or misleading by the fact check unit of the Indian government;

(m)       threaten the unity, integrity, defence, security, or sovereignty of India, friendly relations with foreign states, or public order, or cause incitement to the commission of any cognizable offence, or prevent investigation of any offence, or insult another nation in any manner; and

(n)        take any action that may adversely affect the Services or Platform.

 

8.4       Each User irrevocably and unconditionally agrees that any contract entered into between Users, through or facilitated by the Platform, in violation of the Terms, shall be void and any delivery or payment made in furtherance thereto shall be deemed to be invalid.

 

8.5       Bayer and its affiliates shall have the right to inspect and audit any Users or any other third-party engaged by such Users in relation to the transactions undertaken through the Platform and/or use of the Services by such Users or any such third parties engaged by such Users, including their records and place of business through itself or through its approved third-party testing agencies. Cost of such audit shall solely be borne by Bayer unless such audit reflects any discrepancy in accounts or non-compliance with these Terms, in which case the cost of such audit shall be borne by the respective User.

 

8.6       The User shall ensure that any personnel of the User or any third party acting under the instructions of the User (“Representative”) who has access to the Services and any personal data in connection with the Services is granted access only on a need-to-know basis and is subject to a duly enforceable contractual or statutory confidentiality obligation that is at least as stringent as the confidentiality obligations specified under these Terms.

 

8.7       The User shall ensure that it undertakes appropriate measures to prevent unauthorised access to its Account and the Platform.

 

9.          OUR INTELLECTUAL PROPERTY

 

9.1       All rights, title, and interest in and to the Platform and Services, including all intellectual property rights arising out of the Platform and Services, are owned by or otherwise licensed to us. Subject to compliance with these Terms, we grant you a personal, non-exclusive, non- transferable, non-sub licensable, royalty-free, revocable, and limited licence to use the Platform in accordance with these Terms and instructions issued by us from time to time.

 

9.2       We may request you to submit suggestions and other feedback, including bug reports, relating to the Services and Platform from time to time (“Feedback”). We may freely use, copy, disclose, publish, display, distribute, and exploit the Feedback we receive from you, without any payment of royalty, acknowledgement, prior consent, or any other form of restriction arising out of your intellectual property rights in such Feedback.

 

9.3       If a User submits any material on or for the Platform, such User hereby grants Bayer a non-exclusive, royalty-free, irrevocable, perpetual and fully sub-licensable, assignable and transferrable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content (including the name that such Users submit in connection therewith) throughout the world in any media.

 

9.4       Except as stated in these Terms, nothing in these Terms should be construed as conferring any right in or license to our or any third-party’s intellectual property rights.

 

9.5       Any infringement, violation or misappropriation of Bayer’s intellectual property by the User that is likely to have an have an adverse impact on Bayer’s or any of its partners’ brand, standing or reputation shall result in immediate termination or suspension of Services as determined by Bayer in its sole discretion.

 

10.       REGULATORY CHANGES

 

You acknowledge and agree that we may have to modify the Services and/or the Platform to comply with the applicable laws. As a result of this, you may be unable to access or use all or any part of the Services and/ or Platform. We shall not be liable to you for such inability to use the Services and/ or Platform pursuant to our compliance with the applicable laws.

 

11.       TERM

 

These Terms shall remain in effect unless terminated in accordance with the terms hereunder.

 

12.       SUSPENSION, WITHDRAWAL OR TERMINATION OF ACCESS TO PLATFORM OR USE OF SERVICES

 

12.1    We do not guarantee that our Platform, or any content on it, or our Services will always be available or be uninterrupted. We may revoke your access, suspend or withdraw or restrict the availability of all or any part of our Platform or Services for business, legal and operational reasons with immediate effect. We shall not be liable for any such revocation, suspension, withdrawal or discontinuation of the Services or the Platform.

 

12.2    Notwithstanding anything to the contrary in these Terms, any other terms, or any other communication between you and us, we may terminate your use of the Platform and your access to the Services at any time with or without notice, and for or without any reasons including non-compliance with applicable laws if you violate or breach any of your obligations or responsibilities under these Terms.

 

12.3    Upon termination: (i) the Services and Platform will “time-out”; (ii) you shall not be eligible to avail any features of the Services and Platform.

 

12.4    In case you do not wish to continue using our Services, and/or wish to deactivate your account, and/or unsubscribe from the mailing lists, you may do so by contacting us at dpo_india@bayer.com.

 

13.       DISCLAIMERS AND WARRANTIES

 

13.1    To the fullest extent permissible under the applicable law, Bayer disclaims all warranties, statutory, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, satisfactory quality, accuracy, title and non-infringement, compatibility, applicability, usability, appropriateness, and any warranty that may arise out of course of performance, course of dealing, or usage of trade. No advice or information, whether oral or written, obtained by you through the Platform or your use of the Services will constitute or create any representation or warranty not expressly stated herein.

 

13.2    You acknowledge and agree that the use of the Services and your access to the Platform is at your sole risk. To the fullest extent permitted under applicable law, the Platform including any data, information, Third Party Services, reference sites, Services, or software made available through the Platform are provided on an “as is” and “as available” basis and without warranties or representations of any kind, either express or implied. We and any of our Third-Party Services providers do not warrant that the data, software, functions, or any other information offered on or through the Platform will be uninterrupted or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected.

 

13.3    You shall be solely responsible for the activities that may take place through your Account, and you agree to use, access, and enter the Platform at your sole risk.

 

13.4    You understand that we shall in no manner be held liable for any unauthorised use of the Service or the Platform through your Account due to unauthorised access including but not limited to hacking and security breaches.

 

13.5    You hereby accept full responsibility for any consequences that may arise from your use of the Services and the Platform, and expressly agree and acknowledge that we shall have absolutely no liability in connection with your use of the Services and the Platform including but not limited to quality of produce, rates negotiated between the transacting parties, delivery of the produce, and payments on or through the Platform.

 

13.6    To the fullest extent permissible by law, we, our affiliates and our related parties, each disclaim all liability to you for any loss or damage arising out of or due to:

 

(a)         your use of, inability to use, or availability or unavailability of the Services or Platform, including any Third Party Services;

(b)        the occurrence or existence of any defect, interruption, or delays in the operation or transmission of information to, from, or through the Services, communications failure, theft, destruction or unauthorised access to our records, programmes, services, server, or other infrastructure relating to the Services or the Platform;

(c)         the failure of the Services or Platform to remain operational for any period of time; or

(d)        the collection or processing of your personal information by Bayer.

 

13.7    You also agree and acknowledge that there can be disruption in communication due to factors outside our control, including but not limited to your device being switched off, incorrect email address, network interruptions. You agree not to hold us liable for non-delivery of any alert or any loss suffered by you due to any delay, distortion or failure of communication.

 

13.8    You further agree and acknowledge that any offers provided by us may vary from user to user.

 

14.       LIMITATION OF LIABILITY

 

In no event shall Bayer, its affiliates or related parties, be liable to you or any third party for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever, including but not limited to abuse or breach of data), even if we or an authorised representative have been advised of the possibility of such damages, arising out of or relating to: (i) these Terms, (ii) the Services, (iii) your use or inability to use the Services, or (iv) any other interactions with another User in connection with the Services. Notwithstanding any provision to the contrary, the maximum aggregate liability of Bayer, its affiliates or related parties for any and all claims arising out of the use or access of the Platform and/or Services in the aggregate will be limited to any payments that have been received by Bayer directly from you in relation to such activity that has caused damages, losses or expenses to you. These limitations will also apply with respect to damages incurred by reason of any products or services sold or provided to you by third parties other than Bayer and received by you through or advertised on the Platform or received by you through any links provided on the Platform. This paragraph sets forth the entire liability of Bayer and your exclusive remedy with respect to the Service.

 

15.       INDEMNITY

 

15.1.   You shall indemnify, defend or settle at our option, and hold us, our parent companies, subsidiaries, affiliates, and their officers, associates successors, assigns, licensors, employees, directors, agents, and representatives, harmless from and against any claim, demand, lawsuits, judicial proceeding, losses, liabilities, damages and costs (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) due to or arising out arising from or relating to:

(a)         acts, commissions or omissions, errors, misrepresentations, misconduct, negligence, fraud, forgery, dishonesty, violation attributable to you and/or your personnel/agents/representatives, or any third party who may use your Account;

(b)        your access to the Platform and the Services and your use of the Platform and the Services is in violation of these Terms;

(c)         contravention of any applicable law;

(d)        any claim from any governmental authority;

(e)        any third party as a result of any action or inaction on your part, including but not limited to infringement of intellectual property rights;

(f)          unauthorized use of your Account as a result of your failure in keeping the account information secure, absolute, correct and confidential; and

(g)         service deficiency, inaccurate Produce availability or requirement details that are displayed on the Platform due to any negligence or default on your part.

 

15.2.   For the avoidance of doubt, it is clarified that the right to indemnification in connection with any of the aforesaid causes of action is independent and in addition to other rights and remedies of Bayer as may be available at law or in equity.

 

15.3.   It is further clarified that the rights and obligations under this clause shall survive a User’s cessation of the use of the Platform or the Services.

 

16.       CONSENT TO USE DATA

 

We may use aggregated and anonymised information and data pertaining to your use of the Services for analytics, trends’ identification, and purposes of statistics to further enhance the effectiveness and efficiency of the Platform in accordance with our Privacy Policy.

 

17.       JURISDICTION, GOVERNING LAWS, AND DISPUTE RESOLUTION

 

17.1    These Terms shall be governed by and construed and enforced in accordance with the laws of India. Subject to Clause 17.2, courts in Mumbai shall have exclusive jurisdiction over all issues arising out of these Terms or the use of the Services.

 

17.2    Any controversies, conflicts, disputes, or differences arising out of these Terms shall be resolved by arbitration in Mumbai in accordance with the Rule of Arbitration and Conciliation of the Bombay Chamber of Commerce and Industry, Mumbai. The language of the arbitration shall be English. The parties to the arbitration shall keep the arbitration confidential and not disclose to any person, other than on a need to know basis or to legal advisors and unless required to do so by law. The decision of the arbitrator shall be final and binding on all the parties hereto. Each party to the arbitration shall bear its own costs with respect to any dispute.

 

18.       MISCELLANEOUS PROVISIONS

 

18.1    Severability: If any provision of these Terms is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions of these Terms will continue to be in effect. If any unlawful or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue to be in effect (unless that would contradict the clear intention of the clause, in which case the entirety of the relevant provision will be deemed to be deleted).

 

18.2    Assignment: You shall not licence, sell, transfer or assign your rights, obligations, or covenants under these Terms in any manner without our prior written consent. We may grant or withhold this consent in our sole discretion and subject to any conditions deemed appropriate. Bayer may assign its rights to any of its affiliates, subsidiaries, or parent companies, or to any successor in interest of any business associated with the Services without any prior notice to you.

 

18.3    Notices: All notices, requests, demands, and determinations for us under these Terms (other than routine operational communications) shall be sent to dpo_india@bayer.com.

 

18.4    Third Party Rights: No third party shall have any rights to enforce any Terms contained herein.

 

18.5    Force Majeure: You agree that we shall not be liable for any breach of these Terms if such breach is caused by an event that is unforeseeable and beyond our reasonable control (such as, depending on the circumstances, unavailability of any communication system, breach or virus in our system, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, unauthorised access to computer data and storage devices, computer crashes and regulatory or government actions (“Force Majeure Event”). In such circumstances, we will be entitled to a reasonable extension of time to perform our obligations and shall take commercially reasonable methods to inform you of the Force Majeure Event and use all reasonable endeavours to mitigate the effects of the Force Majeure Event.

 

18.6    Relationship between Parties: The relationship between Bayer and each User is on a principal to principal basis. Nothing in these Terms shall be deemed to constitute any person a partner, joint venture agent or legal representative of any other, or to create any fiduciary, employer-employee relationship between any such persons.

 

18.7    Publicity: Except as otherwise expressly provided in this Terms, no User shall issue any press release, blog, media outreach, public announcement, disclosure, statement or response, advertisement, or any other form of publicity relating to or in connection with the Platform or Services or the subject matter thereof without first obtaining the prior written consent of Bayer.

 

18.8    Translations: We may provide you with translated versions of these Terms solely to assist you with understanding these Terms in greater detail. The English version of these Terms shall be controlling in all respects. In the event of any inconsistency between the English version of these Terms and any translated version, the terms of the English version shall prevail.

 

18.9    Compliance with Laws: The User shall comply, and shall ensure that each of Representatives acting on its behalf, will comply with, and shall not, directly or indirectly, do any act or thing that will or could constitute a violation of, any and all applicable laws, including those relating to export, re-export, and import control and sanctions laws and regulations (including those enacted by U.S. sanctions authorities, such as the U.S. Office of Foreign Assets Control and the U.S. Department of State and the Export Administration Regulations maintained by the U.S. Department of Commerce), “know your customer” or anti-money laundering, marketing, anti-terrorism proliferation financing, Privacy and Information Security Requirements, anti-corruption and anti-bribery laws and regulations (including the United States (“U.S.”) Foreign Corrupt Practices Act and the United Kingdom’s Bribery Act) and other laws and regulations similar in purpose and effect, applicable in the United States of America, the Territory, or any other country having proper jurisdiction. Accordingly, and without limiting the generality of the first sentence of this Clause 18.9, the User agrees that it is the intent of the Parties that no payments or transfers of value or other advantage shall be made or undertaken or attempted which have the purpose or effect of public or commercial bribery, acceptance of or acquiescence in extortion, kickbacks or other unlawful or improper means of obtaining business for any person. Therefore, the User represents, warrants and covenants that it and its Representatives acting on its behalf has not and will not, in connection with the Services make, promise or offer to make any payment or transfer of anything of value or any other advantage directly or indirectly through a representative, intermediary, agent or otherwise: (i) to any government official; (ii) to any political party; or (iii) to any other person; for the purpose of improperly influencing any act, omission to act or decision of such official, political party or individual or securing an improper advantage to assist it in obtaining or retaining business.  The User further represents, warrants and covenants that it and each of its Representatives acting on its behalf will not, in connection with the Services, accept anything of value from any third party seeking to improperly influence any act or decision or in order to secure an improper advantage to that third party.  For the purposes of this Terms, “government official” is defined as:  (i) any employee or officer of a government of a country, state or region, including any federal, regional or local government or department or agency, or enterprise owned, in whole or in part, or controlled by such a government, (ii)  any official of a political party, (iii) any official or employee of a public international organization, (iv) any person acting in an official capacity for, or on behalf of, such entities, or (v) any candidate for political office. Without limiting the foregoing, the User represents, warrants and covenants that each of it and its Representatives acting on its behalf: (a) is not named on any U.S. Department of Treasury Office of Foreign Asset Control Sanctions lists or any applicable foreign sanctions lists; (b) shall not, directly or indirectly, access, use, sell, export, re-export, transfer, divert, or otherwise dispose of all or any part of the Services or Documentation to any country (or national thereof) that is subject to antiterrorism controls or U.S. embargo, or to any other person or entity or destination prohibited by the laws of the U.S. or the laws of the Territory or any other applicable jurisdiction, without obtaining, at its own expense, prior authorization from the competent government authorities as required by those laws. Failure to comply with the terms of this Clause 18.9, will constitute a material breach of the Terms.

 

18.10  Survival: Clause 5 (Fees), Clause 7 (General Responsibilities), Clause 9 (Our Intellectual Property), Clause 12.3, Clause 13 (Disclaimer and Warranties), Clause 14 (Limitation of Liability), Clause 15 (Indemnity), Clause 17 (Jurisdiction, Governing Laws, and Dispute Resolution), Clause 18 (Miscellaneous Provisions) shall survive the termination of these Terms. Notwithstanding the foregoing, the provisions of these Terms which by their nature are intended to survive the termination of these Terms shall survive the termination of these Terms.

 

18.11  Correspondences: You agree to receive communications from us regarding (a) information relating to transactions undertaken on or through the Platform, (b) requests for payments, (c) information about us, the Services, (d) promotional offers and services, and (e) any other matter in relation to the Services.

 

18.12  Changes to the Terms and the Platform: Bayer reserves the right at any time to modify these Terms as well as modify the Services or the Platform at any time. Such modifications and additional terms and conditions will be effective immediately. Bayer reserves the right to suspend or withdraw or restrict the availability of all or any part of the Platform or the Services for business and operational reasons.

 

19.       GRIEVANCE REDRESSAL MECHANISM

 

In order to address any questions or grievances that you may have regarding the use of the Services, please contact our grievance officer:

Name: Falgun Shah

Address: Bayer CropScience Limited Bayer House, Central Avenue, Hiranandani Estate, Thane West - 400607

Email Address: feedback.farmriseone@bayer.com

 

 

 

PRIVACY STATEMENT

 

Last updated: 22nd September 2023

 

Bayer CropScience Limited and its affiliates (hereinafter “us”, “our” and “we”), in its capacity as a data fiduciary in respect of processing of your personal data, wishes to provide you with information on the processing of your personal data. At Bayer, we are committed to protecting your personal data and respecting your privacy. This Privacy Statement (“Statement”) outlines our practices in relation to the collection, storage, usage, processing, and disclosure of personal data that you have consented to share with us when you access, use, or otherwise interact with our Platform or avail our Services.

 

Please note that unless specifically defined in this Statement, capitalised terms shall have the same meaning ascribed to them in our Terms and Conditions, available at https://mastercardfarmernetwork.co.in/ (“Terms”). Please read this Statement in consonance with the Terms.

 

By using the Services, you confirm that you have read and agree to be bound by this Statement and consent to the processing activities described under this Statement.

 

1.          BACKGROUND AND KEY INFORMATION

 

(a)         How this Statement applies:

 

This Statement applies to individuals who access or use the Services (“you” or “User”). By using the Services, you consent to the collection, storage, usage, and disclosure of your personal data, as described in and collected by us in accordance with this Statement.

 

(b)        Review and Updates:

 

We regularly review and update our Statement, and we request you to regularly review this Statement. It is important that the personal data we hold about you is accurate and current. You are required to let us know if your personal data changes during your relationship with us.

 

2.          PERSONAL DATA THAT WE COLLECT

 

(a)         We collect different types of personal data about you, as may be applicable to you depending on the utility our Services provide you with. This includes, but is not limited to: 

 

(i)          Contact Data, such as your mailing address, email address, and mobile numbers.

 

(ii)        Identity and Profile Data, such as your name, username or similar identifiers, photographs, gender, field location, and information about your farming operations.

 

(iii)       Marketing and Communications Data, such as your address, email address, information posted in service requests, offers, wants, feedback, comments, pictures and discussions in our chat boxes, responses to User surveys and polls, your preferences in receiving marketing communications from us and our third parties, and your communication preferences.

 

(iv)       Technical Data, which includes your IP address, browser type, internet service provider, details of operating system, access time, page views, device ID, device type, frequency of visiting our website and use of the Platform, website and mobile application activity, clicks, date and time stamps, location data, and other technology on the devices that you use to access the Platform.

 

(v)         Transaction Data, which includes details of transactions that may occur through the Platform or in connection with the Services. For example, transaction data may include the services you have sought or availed through the Platform or confirmations of such services.

 

(vi)       Data from SMSs: We collect certain information from your SMSs. Please note that such data is limited to details of the transactions contained in the SMS. We do not collect, read or store any personal SMSs. 

 

(vii)      Financial Data, which includes your past credit history, income details, details of loans issued or otherwise applied for through the Platform, payments, and repayments thereof, bank account details, and bank account statements.

 

(viii)     Usage Data, which includes information about how you use the Services your activity on the Platform, booking history, user taps and clicks, user interests, time spent on the Platform, details about user journey on the mobile application, and page views.

 

(b)        We also collect, use, and share aggregated data such as statistical or demographic data for any purpose. Aggregated data could be derived from your personal data but is not considered personal data under law as it does not directly or indirectly reveal your identity. However, if we combine or connect aggregated data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Statement.

 

(c)         We are required to collect your personal data to provide you with access to the Platform and Services. In certain cases, we are required to collect personal data as required by law, or under the Terms. If you fail to provide us that data as and when requested by us, we will not be able to perform our obligations under the arrangement we have with you or are trying to enter into with you (for example, to provide you with features of the Services). In this case, we may have to cancel or limit your access to the Services (or part thereof).

 

3.          HOW DO WE COLLECT PERSONAL DATA?

 

We use different methods to collect personal data from and about you including through:

 

(a)         Direct Interactions: You provide us your personal data when you interact with us. This also occurs when you authorise a person to share personal data with us. This includes personal data you provide (or someone on your behalf provides) when you (or someone on your behalf):

 

(i)          create(s) an Account with us;

(ii)        use(s) our Services or carry out other activities in connection with the Services;

(iii)       enter(s) a promotion, user poll, or online surveys;

(iv)       request(s) marketing communications to be sent to you; or

(v)         report(s) a problem with the Platform and/or our Services, give(s) us feedback, or contact(s) us.

 

(b)        Automated technologies or interactions: Each time you visit the Platform or use the Services, we will automatically collect Technical Data about your equipment, browsing actions, and patterns. We collect this personal data by using cookies, web beacons, pixel tags, server logs, and other similar technologies. We may also receive Technical Data about you if you visit other websites or apps that employ our cookies.

 

(c)         Information we receive from other sources including third parties and publicly available sources: We will receive personal data about you from various third parties and public sources including our third parties, Google analytics for advertising and user analytics purposes, and other publicly available sources.

 

4.          HOW DO WE USE YOUR PERSONAL DATA?

 

(a)         We will only use your personal data when the law allows us to. Most commonly, we will use your personal data where we need to provide you with the Services or where we need to comply with a legal obligation. We use your personal data for the following purposes:

 

(i)          to verify your identity to register you as a user, and create your user account with us on the Platform;

(ii)        to provide the Services to you;

(iii)       to monitor trends and personalise your experience;

(iv)       to improve the functionality of our Services based on the information and feedback we receive from you;

(v)         to improve customer service to effectively respond to your Service requests and support needs;

(vi)       to track transactions and process payments;

(vii)      to send periodic notifications to manage our relationship with you including to notify you of changes to the Services, send you information and updates pertaining to the Services you have availed, and to receive occasional company news and updates related to us or the Services;

(viii)     ​​to assist with the facilitation of the Services offered to you, including to send you information and updates about the Services you have availed;

(ix)       to market and advertise the Services to you;

(x)         to respond to court orders, establish or exercise our legal rights, or defend ourselves against legal claims;

(xi)       to administer and protect our business and the Services, including for troubleshooting, data analysis, system testing, and performing internal operations;

(xii)      to improve our business and delivery models;

(xiii)     for fraud prevention and detection;

(xiv)     for compliance with applicable law;

(xv)      to perform our obligations that arise out of the arrangement we are about to enter or have entered with you;

(xvi)     to store your personal data with IT cloud solution providers; and

(xvii)    to enforce our Terms.

 

(b)        You agree and acknowledge that by using our Services and creating an account with us on the Platform, you authorise us, our associate partners, and affiliates to contact you via email, phone, or otherwise. This is to provide the Services to you and ensure that you are aware of all the features of the Services and for related purposes.

 

(c)         You agree and acknowledge that any and all information pertaining to you, whether or not you directly provide it to us (via the Services or otherwise), including but not limited to personal correspondence such as emails, instructions from you, etc., may be collected, compiled, and shared by us in order to render the Services to you. This may include but not be limited to financial institutions, third-party service providers, third party partners, storage providers, data analytics providers, consultants, lawyers, and auditors. We may also share this information with other entities in the Bayer group in connection with the above-mentioned purposes.

 

(d)        You agree and acknowledge that we may share data without your consent, when it is required by law or by any court or government agency or authority to disclose such information. Such disclosures are made in good faith and belief that it is reasonably necessary to do so for enforcing this Statement or the Terms, or in order to comply with any applicable laws and regulations.

 

5.          THIRD PARTY LINKS AND USER EXPERIENCE IMPROVEMENT SERVICES

 

(a)         Our Services may, from time to time, contain Third Party Services or links to Third Party Services. Please note that the Third Party Services, that may be accessible through our Services have their own privacy policies. We do not accept any responsibility or liability for the policies or for any personal data that may be collected through the Third Party Services. Please check their policies before you submit any personal data to such websites or use the Third Party Services.

 

(b)        We use third-party user experience improvement services (including but not limited to those provided by Google Inc., and/or its affiliates) and applications to better understand your behaviour in connection with the Services. 

 

(c)         Your relationship with these third parties and their services and tools is independent of your relationship with us. These third parties may allow you to permit or restrict the information that is collected. It may be in your interest to individually restrict or enable such data collections.

 

(d)        The place of processing information depends on each third-party service provider and you may wish to check the privacy policy of each of the service providers to identify the data shared and its purpose. You will be subject to a third party’s privacy policy if you opt in to receive communications from third parties. We will not be responsible for the privacy standards and practices of third parties.

 

6.          COOKIES

 

(a)         Cookies are small files that a site or its service provider transfers to your device’s hard drive through your web browser (if you permit it to) that enables the sites or service providers’ systems to recognise your browser and capture and remember certain information.

 

(b)        We use cookies to help us distinguish you from other users of the Platform, understand and save your preferences for future visits, keep track of advertisements and compile aggregate data about site traffic and site interaction so that we can offer you a seamless user experience. We may contact third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.

 

(c)         Additionally, you may encounter cookies or other similar devices on certain pages of the Platform that are placed by third parties. We do not control the use of cookies by third parties. If you send us personal correspondence, such as emails, or if other users or third parties send us correspondence about your activities or postings on the Platform, we may collect such information within a file specific to you.

 

7.          YOUR RIGHTS IN RELATION TO YOUR PERSONAL DATA

 

(a)         Access and Updating your Personal Data: All personal data that you provide us with should be accurate, up-to-date, and true. Should you wish to correct or update your personal data available with us, we shall make best efforts to provide you with the ability to access and correct inaccurate or deficient data, subject to any legal requirements.

 

(b)        Opting-out of Marketing and Promotional Communications: When we send you marketing and promotional content through email, we make best efforts to provide you with the ability to opt-out of such communications by using the opt-out instructions provided in such emails. You understand and acknowledge that it may take us up to 10 (Ten) business days to give effect to your opt-out request. Please note that we may still send you administrative emails about your user account or any Services you have requested or received from us, from which you cannot opt-out.

 

(c)         Request the erasure of your personal data: You agree and acknowledge that your personal data will continue to be stored and retained by us as required by or permitted under applicable laws or regulatory requirements. However, you will be able to ask us to delete or remove personal data to the extent permitted under applicable laws. In some instances, we will be unable to facilitate requests for the deletion of your data, as we may be required to store data for longer periods of time to comply with applicable laws or in case you wish to continue using the Services through the Platform. In case of any questions/clarifications related to data privacy reach out to dpo_india@bayer.com.

 

8.          TRANSFERS OF YOUR PERSONAL DATA

 

(a)         We comply with applicable laws in respect of storage and transfers of personal data.  In the course of our business, we may transfer your personal data to countries other than the one you are based in.

 

(b)        By submitting your information and personal data to us, you agree to the transfer, storage, and processing of such information and personal data in the manner described above.

 

(c)         You agree and understand that your personal data may be among the assets transferred to prospective buyers in the context of in case of an acquisition, merger or any other type of corporate or asset transition involving a change of ownership or control concerning us or our Services.

 

9.          DATA SECURITY

 

(a)         We implement appropriate security measures to protect your personal data from unauthorised access and disclosure, and follow standards prescribed by applicable law.

 

(b)        Where you have chosen a password that enables you to access certain parts of the Services, you are responsible for keeping this password secret and confidential. We will not be responsible for any unauthorised use of your information, or for any lost, stolen, or compromised passwords, or for any activity on your user account due to such unauthorised disclosure of your password. In the event your password has been compromised in any manner whatsoever, you should promptly notify us to enable us to initiate a change of password.

 

10.       DATA RETENTION

 

(a)         You agree and acknowledge that your personal data will continue to be stored and retained by us for as long as necessary to fulfil our stated purpose(s) and for a reasonable period after the termination of your account on the Platform or access to the Services to comply with our legal rights and obligations.

 

(b)        In some circumstances, we may aggregate your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

 

11.       UPDATES TO THIS STATEMENT

 

(a)         We may occasionally update this Statement. If we make changes to this Statement, we will upload the revised Statement on the Platform or share it with you through other means, such as email. To the extent permitted under applicable law, by using our Platform after such notice, you consent to updates made to this Statement.

 

(b)         We encourage you to periodically review this Statement for the latest information on our privacy practices.

 

12.       GRIEVANCE OFFICER

 

If you have any questions about this Statement, how we process or handle your personal data, or otherwise, you may reach out to us, with your queries, grievances, feedback, and comments by contacting our grievance officer whose details are provided below:

Name: Hemal Bhavsar
Address: Bayer CropScience Limited Bayer House, Central Avenue, Hiranandani Estate, Thane West - 400607

Email Address: dpo_india@bayer.com