MyYara Terms Of Use

MyYara Terms of Use

Welcome to Yara International ASA`s ("Yara") farm management portal MyYara ("Site"). By using this Site, you agree to the general terms and conditions for use ("Terms of Use") set out herein, it being understood that you are entering into a binding agreement with Yara and its group companies. If you are accepting these Terms of Use on behalf of another person or other legal entity, you represent and warrant that you have full authority to bind that person or legal entity to these Terms of Use. If you do not agree with these Terms of Use, do not use this Site. These Terms of Use shall apply to the maximum extent permitted by mandatory law.

1 Changes to these Terms of Use

Yara may, at any time, modify these Terms of Use by amending this webpage. You are expected to revise these Terms of Use on a regular basis, as any modification will be binding on you if you continue to use the Site. If you do not agree to the modified terms, you must discontinue the use of the Site and request Yara to close your account by contacting us by phone call +44 147 288 9253 or by emailing agronomy.uk@yara.com

2 Use of the Site

You may:

(a) Upload your data and information ("User Content") to the Site;

(b) print and download extracts from the Site for your personal reference; and

You must not use the Site and/or attempt, allow or enable others to:

(a) Engage in any fraudulent or harmful activity, including but not limited to, threaten, harass or bully or distribute spam, Trojan horses, viruses and any other forms of malware or harmful items;

(b) upload, use, make available and/or share any User Content (as defined in section 2) on the Site which (i) violates the rights of third parties, including but not limited to, any intellectual property rights or the privacy or labour rights of your employees or other third parties, or (ii) contains any false, fraudulent, illegal, harmful and/or defamatory material;

(c) scan and/or test the vulnerability of the Site or breach, disable, circumvent, remove or damage any authentication or security measures or any other technical restrictions on this Site;

(d) make alter, translate, modify, reproduce, disassemble, decompile, reverse engineering, create derivative works or in any other way exploit the whole or parts of the Site without the explicit written consent from Yara;

(e) use any part of the Site or the Site Content for commercial purposes without obtaining a license to do so from us or our licensors;

(f) violate these Terms of Use or any applicable laws or regulations; or

(g) modify copies of any Site Content which you have printed or downloaded, and you must not use such Site Content without, if any, accompanying text. Our status (and that of any identified contributors) as authors of Site Content must always be acknowledged.

We aim to update the Site regularly and may at any time change the Site and/or its content. If the need arises, we may without notice suspend access to the Site or on our sole discretion close it indefinitely.

3 Access to the Site, Accounts and Password

To use this Site, you must create an account and provide the information that is requested. By creating an account you will be regarded as "Account Owner". It is your obligation to make sure that your contact details and account information is accurate and updated.

You must treat your user identification code, password and/or any other information facilitating your access and use of the Site as confidential and you must not disclose it to any third party, except as set out in these Terms of Use (e.g. section 2 first paragraph letter (c)).You agree that you are solely responsible for any and all activity on your account and that you immediately without delay shall notify Yara of any unauthorized use of your account.

Yara reserves the right to close your account and/or remove User Content, at any time for any reason, without notice or liability.

4 Content

This Site offers resources such as, but not limited to, information, data, documents, photographs, graphics, artwork, user interfaces, text, audio and video and features that will enable you to upload, download, share and otherwise utilize your data on the Site ("Site Content").

You have the sole responsibility for the accuracy, quality, reliability and maintenance of the User Content that you upload to the Site. You hereby represent and warrant that your User Content does not violate these Terms of Use and that you assume all risks connected to any disclosure of the User Content to third parties. Yara shall not be liable for any loss or corruption of User Content or costs related thereto.

5 Data Collection and Use

Yara reserves a royalty free right to collect, use, and otherwise utilize User Content, including any personal data from which an individual can, directly or indirectly be identified, for commercial, statistical, analytical and/or marketing purposes on the terms and conditions set out herein. Yara may hereunder use the User Content for:

(a) Provision of reports and/or recommendations derived from such User Content that may be relevant to you in respect of your business activities;

(b) aggregation of User Content with other locally available data (the "Aggregated Data") and to compile and analyze the Aggregated Data to prepare reports, studies, analyses, statistics, etc. for any purpose;

(c) transfer of Aggregated Data to any associated third party farm management portal (domestic and/or foreign) for the purposes of i) improving or developing the Site and similar portals and software and tools intended to be used with such portals; and ii) for the proper functioning of the Site and similar portals and software and tools intended to be used with such portals; and

(d) use and distribution of Aggregated Data within Yara's group of companies (domestic and/or foreign) for any purpose, including but not limited to, as part of its business offerings towards other customers and business partners.

Upon termination of this Agreement, irrespective of the reason, Yara shall retain the right to use the Data as specified herein, except for the use set out in this section 5 first paragraph letter (a).

6 MyYara Privacy Policy

Yara is sensitive to your privacy issues, especially on the Internet, and have established a privacy policy ("MyYara Privacy Policy") to address your concerns. The MyYara Privacy Policy has been published at the following webpage: MyYara Privacy Policy. The MyYara Privacy Policy governs how Yara may process User Content that is personal data.

7 Intellectual Property Rights

The Site and the Site Content is the intellectual property of Yara and/or a third party from which Yara has purchased a license. All rights, title and/or interest, recognized in any country or jurisdiction in the world, whether registered or not, to the Site and the Site Content is reserved.

All rights of ownership of- and any intellectual property rights relating to User Content belongs to the Account Owner. Yara may utilize the User Content for the purposes set out in these Terms of Use. If you upload User Content on behalf of the Account Owner, you hereby agree that title and all intellectual property rights to such User Content belong to the Account Owner.

If you are the owner, or authorized representative of the owner, of a copyright, trademark or other intellectual property right, you hereby agree to notify Yara without delay of any infringements of your rights occurring on or through the Site. Yara will, at its sole discretion, delete any Site Content and/or User Content that infringes or is suspected to infringe any third party rights.

8 Disclaimer and Limitation of Liability

Yara will not be liable if, for any reason, the Site is unavailable. We may at our sole discretion restrict access to the entire or parts of the Site and/or interrupt the operations of the Site as necessary to perform maintenance, corrections or other changes without notice or liability. It is your sole responsibility to ensure that a secure connection is used to communicate with the Site.

The Site and Site Content is provided to you "as is". Yara makes no warranty or representation of any kind as to the validity, accuracy, correctness, suitability, availability or timeliness of the Site. Yara is under no obligation to update the Site. All use of the Site is at your own risk, including but not limited to the risk that you might be exposed to inaccurate, inappropriate and otherwise objectionable content.

Any information and recommendations conveyed is to the best of Yara's knowledge correct and accurate on the date of issuance, and are merely intended to serve as guidelines for the appropriate use of the Site and its related software modules and for the appropriate use, handling and storage of any associated goods and/or services, and may not be deemed as a guarantee or indication of quality, or serve as a basis for liability towards Yara or its representatives in any way whatsoever.

Because of the multitude of crops, grown in different production systems, on various soils, and under countless climatic conditions, Yara disclaim all warranties, express or implied, as to the accuracy of Site Content and its related software modules and takes no liability for management decisions based on this information. When using the Site and its related software modules you accept that you will take full responsibility for all agronomic decisions.

Yara and/or all affiliated entities hereby expressly exclude all conditions, warranties, representations and other terms which might otherwise be implied by law. Yara and/or any affiliated entities shall not be liable for any direct or any indirect or consequential losses, including but not limited to, loss of profits, loss of sales, loss of business, business interruption, loss or corruption of data or information, loss of business opportunity, goodwill and/or reputation or any other damages arising out of or in any way connected with the use and/or inability to use the Site. Your sole remedy in case of dissatisfaction shall be to discontinue your use of the Site and request Yara to close your account. In the event that Yara and/or any affiliated entity is liable for your losses under mandatory law, the maximum aggregate liability for Yara and/or any affiliated entity shall be limited to EUR 10 000.

Nothing in this section shall limit or exclude any liability for fraudulent misrepresentation.

9 Indemnity

You agree to indemnify, defend and hold us, our affiliates, subsidiaries, officers and employees harmless against any and all claims, demands, liabilities, damages, loss and expenses (including attorneys` fees) made against us arising out of (i) your use of the Site, or (ii) your breach of these Terms of Use.

10 Waiver and Severability

The failure of Yara to enforce at any time, or for any period of time, any provision hereof, or to take any discretionary action hereunder, shall not be construed to be a waiver of such provisions or of the right of Yara to thereafter enforce each and every provision of these Terms of Use.

If any provision of these Terms of Use is held by any competent authority to be invalid, void or unenforceable in whole or in part, the validity of the other provisions of these Terms of Use and the remainder of the provision in question shall not be affected.

11 Translations

These Terms of Use may be translated into other languages. If there is any conflict between the English version and another language version of these Terms of Use, the English language version shall prevail.

12 Assignment

We may transfer our rights and obligations under these Terms of Use to another company within the Yara group of companies or any third party organization. You may only transfer your rights and obligations under these Terms of Use to another person or legal entity if we agree in writing.

13 Jurisdiction and Applicable Law

These Terms of Use shall be governed by, and construed in accordance with, the laws of Norway and shall be subject to the non-exclusive jurisdiction of the courts of Norway.

14 Contact

You agree to receive electronic communications from Yara in connection with this Site. If you need to contact Yara regarding the Site, please contact us at email address agronomy.uk@yara.com.

Feel free to submit your ideas, feedback and suggestions ("Suggestions") that might help us improve your and other users' use of this Site. By sending us Suggestions, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to use, modify, distribute and, in any other way, utilize your Suggestions.