The following Terms and Conditions of Use (hereinafter, the “Terms”) constitute a legally binding agreement between you in the capacity of Site User (the “User” or the “Users”) and Bayer SA (hereinafter, “Bayer”), including Monsanto Argentina SRL and its affiliates (hereinafter, “Bayer Group”).
In order to use the Online Business Portal of Bayer Crop Science (hereinafter, the “Site”), the User shall accept the terms established herein, as well as the Privacy Policy. Additionally, by accessing the Site, the User assumes the exclusive responsibility over its use and handling, committing itself to maintain the confidentiality of the information to which it may have access, as well as to not disclose, either in whole or in part, said information without the proper authorization. These terms are additional to any other agreement that you may have with Bayer or any other person buying our products. These terms only refer to how you use this Web Site.
Please read these Terms carefully, then click on “ACCEPT” if you agree with them. By accessing, navigating or clicking on the “Log In” button or by logging in, the User acknowledges having read, understood, and accepts to adhere to the Terms and Conditions of this agreement and to comply with all the applicable laws and standards.
If you disagree with these terms, do not use the Site.
1. User: In order to have access to the Site, the User shall already have a previous registration, for which he/she shall comply with Bayer’s requirements (including, but not limited to requesting from the User, specific commercial or Personal Data (the “Personal Data”).
The User commits itself to update the Personal Data when necessary. Bayer shall not be responsible for the accuracy of the Personal Data provided by the User. The Users guarantee and are liable, in any case, for the truthfulness, accuracy, completeness, validity and authenticity of the entered Personal Data. All the information and the Personal Data entered by the User shall have the character of an affidavit.
Bayer reserves the right to request proof or additional information for the purposes or verifying the information provided by a User in terms of Personal Data, as well as to suspend Users whose data temporarily or definitely has not been confirmed.
Bayer reserves the right to reject an application for registration or to cancel or suspend, temporarily or definitely, an Account in the event that mismatches, or inconsistencies are found on the information provided by the User or if suspicious activities are detected, without said suspension arising rights of compensation or redress in favor of the User.
Bayer commits itself to not use the Personal Data for any other purpose than those specified in these Terms and Conditions of Use or in the Privacy Policy.
When a User logs into Site, a third-party service will register its browser, the type of device and that it is a client, but it will not know its identity It will also capture information about the IP address, the pages visited in the Site from said address, the time invested and the activities carried out in each page, the sites visited just before and after this Site, as well as how the website worked for the User in terms of duty time and page loading speed. In order to improve the Site, we use these aggregated and anonymous data to diagnose issues with our web sites, to increase the stability of our platform and to understand how the Site is used and what seems to increase or decrease sales.
2. Data Processing. The processing of all the data gathered by Bayer regarding the Site shall be carried out as exposed herein and in the Privacy Policy and according to the requirements of Law No. 25.326 for the Protection of Personal Data, Reg. Decr. No. 1.558/201 and other supplementary standards (“LPDP”), in all their terms.
3. Access to Information. User Profile. Once registered, the User will be able to access its Account (hereinafter, the “Account”) or, in some cases, depending on the User’s profile, it may have access to third parties’ Accounts. Throughout the Site, the User shall be able to, according to its type of access, use several functions of the Service, including making payments for purchases of goods and services, download invoices, verify its Account statement or its clients’ Account statements; if the User is also a Bayer “Dealer”, receive payments on behalf or ordered by Bayer, as well as use or apply any other function offered in the future to the User, subject to the Terms and Conditions established for each feature.
The User is obliged to maintain the confidentiality of its Password. The User shall be responsible for its preservation. Any operation carried out with the Password shall be valid and binding for the Parties. The User commits itself to notify Bayer, in a timely manner and through the appropriate means, about any unauthorized use of its Account, as well as logins or log-in attempts by unauthorized third parties. In the event that the User has employees or recruits who have access to the Account and they are no longer employed by the User, it shall change the password immediately to prevent access by unauthorized third parties.
4. Use of the Site. Bayer has a Customer Support service managed by a third-party, if you ask for help, they will be able to see your information in the part of the Web Site in which they will solve the issue.
The User may not use Bayer’s Site or services in any way that could damage, disable, overload or affect the Site or any service from Bayer (or the networks connected to said Site or said services) or interfere with the use and benefit of Bayer’s Site or services by third parties. The User shall not obtain unauthorized access to the Site or any service from Bayer, other Accounts, computer systems or networks connected to this Site, through illegal access, password mining or other means. The User shall not obtain or try to obtain materials or information through means accidentally available through this Site.
5. User Behavior. The User agrees to use the Site in a proper manner and, additionally, accepts that, by using the Site, the User is committed to NOT:
a. Use the information contained on the Site for your own benefit, not improperly or in any way that might favour the competition of the Bayer Group
b. Upload, distribute or disclose in any other way, any libelous, slanderous, profane, hateful, pornographic, abusive, illegal, or objectionable material;
c. upload or distribute files containing viruses, worms, damaged files or any other similar software or programs that may damage the operation of other person’s computer or property;
d. harass, stalk, threat or in any other way, violate other person’s legal rights (including the right to privacy and the right of publicity);
e. broadcast or in any other way make available Material for which the User does not have the right to disclose under any law or under contractual or fiduciary relationship;
f. publish material that infringes other’s intellectual property rights (including, but not limited to, copyrights, trade secrets, trademark rights or other intellectual property rights);
g. intentionally or unintentionally violate applicable local, state, national or international laws;
h. transmit or in any other way make available unsolicited or unauthorized promotional or advertising materials or any other form of request;
i. distribute or in any other way, publish material containing the funding application, advertising or requesting products or services;
j. share the User Identification or the confidential Password with third parties;
k. damage minors in any way;
l. impersonate other people or entities or make false statements or, in any other way, falsify a relationship with other person or entity;
m. falsify headers or, in any other way, manipulate identifiers to divert the origin of any Content broadcasted through the Intranet;
n. interrupt the flow of dialogue, make a screen scroll faster than other Users can handle or, in any other way, act in a manner that negatively affects the ability of other Users to participate in real-time exchanges;
o. interfere or interrupt the Site, the servers, or the connected networks, or disobey any requirement, procedure, policy, or regulation of networks connected to this Site;
p. collect or gather Personal Data regarding other Users; or customers, in the case of Users making charges on behalf or ordered by other clients and
q. publish Personal Data without the consent of the involved person.
6 Security. The data transferred using Internet shall be encrypted for transmission safety purposes. In transmissions between the User and the Site, the technological identification verifies the identity of the issuer and the recipient. In this case, the proof of said identity abides to the name of the User and its password.
7. Access Termination or Cancellation. You accept that Bayer is able to, under certain circumstances and without a prior notification, immediately cancel and terminate your possibility of access to this website. The causes of termination include, but are not limited to: (a) breaches or violations to these Terms and Conditions of Use or the Privacy Policy; (b) requirements of legal or government authorities; (c) your request (Account termination requested by the User); (d) termination or substantial modifications to the service (or any part thereof); (e) unexpected technical or safety issues; (f) prolonged periods of inactivity.
Similarly, you agree that all the causes of termination may be invoked by us at our sole discretion and that we will not be liable before you or any third-party for any termination of your Account.
8. Links to Third-party Websites. This Site may contain links to third-party websites (“Linked Sites”) and include information gathered by third parties (“Third-party Information"). Bayer does not exert control over the Linked Sites nor the third-party information and is not responsible for the content of the Linked Sites or the third-party information, including, without limiting the accuracy, compliance with copyright, legality or moral standards, links or any other aspect of the Linked Sites. Bayer shall not be liable for any form of transmission received from Linked Sites nor for the malfunctioning of said Sites and is not responsible for changes or updates to said sites. Bayer offers said links and information to the Users only for the convenience of the User. The inclusion of third-party links or information does not imply Bayer’s support to the Site or any association with its operators. The User is responsible for reading and adhering to the privacy statements and the terms of use published in the Linked Sites.
Every User with access to the Site shall comply with all the applicable laws. Every Site linked to Bayer’s Site:
a. Can be connected with, but cannot replicate, the content of this Site;
b. shall not create a browser environment or a framing technique in the content of this Site;
c. shall not imply that Bayer is supporting said ling or its products;
c. shall not counterfeit its relationship with Bayer;
e. shall not present false information about Bayer’s products or services;
f. shall not be able to use Bayer’s Trademarks without written express consent; and
g. shall not include any content that may be interpreted as unwanted, offensive, or controversial, and shall only include content suitable for all ages.
All the claims, notifications, communications, and reports required regarding these Terms and Conditions of Use, including the User’s copyright infringement notices, will be carried out in written and sent by fax with confirmation to the number specified below, or will be delivered personally or sent through an authorized courier service with a 24-hour delivery to Bayer at the address below:
Bayer SA Ricardo Gutierrez 3652; Munro. Prov. Buenos Aires Argentina
9 Accuracy, Integrity and Validity of the Information. The material provided at this Site is intended exclusively for general information and shall not be taken as basis or used as the sole basis for decisions without consulting more accurate, complete, and updated primary information sources. Any reliance on the material in this Site shall be at the User’s risk. This Site shall contain certain historic information. Historic information is not necessarily updated and is provided only for reference. Bayer reserves the right to modify the content of this Site at any time. The User agrees that it is its own responsibility to monitor amendments or modifications to the Site by logging in periodically, and that it shall communicate with Bayer at the telephone +54-011-4316-2950 in the event that it wants to report any datum that may contribute to the update of the information on the Site.
10. Personal Data Protection. The holder of the Personal Data shall have the power to exert the right to access said data for free and in periods no longer than six months, unless a legitimate interest is demonstrated according to that established in Article 14, Section 3 of the Law No. 25.326. The National Directorate for the Protection of Personal Data, the Supervisory Body of the Law 25.326, has the power to handle complaints and claims issued regarding the non-compliance with the Personal Data protection standards.
11. Copyrights and Restrictions. Bayer or the original author of the material is the owner of the copyrights of all the materials provided in this Site by Bayer. Unless under the extent established herein, none of the materials can be copied, reproduced, distributed, republished, downloaded, exhibited, published, or transmitted in any war or through any mean, including, without limitation, electronic, mechanical, photocopied or recorded in any other way, without the prior written consent from Bayer and the copyright owner. An authorization to exhibit, copy and download the materials from the Site for personal and non-commercial use is granted provided that the User does not modify the materials and maintains the copyright and registered intellectual property notifications shown on the materials. This authorization expires automatically if the User does not comply with any of these Terms and Conditions of Use. Once the authorization has expired, the User shall immediately destroy each and every downloaded and printed material.
The reproduction, in whole or in part, of this Site, its translation or its addition to a computer system, its location, or transmission in any way or through any mean, whether electronic, mechanical, photocopy, recording or other means, without the previous and written consent from Bayer S.A. is prohibited. The non-compliance with these exclusive rights of Bayer S.A. constitutes an infringement and implies responsibility for the offender, which shall arise civil and criminal penalties.
12. Trademarks. The Trademarks, service Trademarks and logos (hereinafter, the “Trademarks”) used and exhibited in this Site are registered Trademarks of Bayer and others.
None of the content in this Site shall be interpreted as a granting, implicitly, by estoppel or otherwise, of a license or the right to use a Trademark exhibited in the Site, without the written consent from the owner of the Trademark.
Bayer S.A. and Bayer’s logo shall not be used in any way, including in advertising related to the distribution of the materials of this Site, without the prior written consent from Bayer.
13. Amendments to the Services Provided through this Site. Bayer reserves the right to modify or temporarily or permanently suspend, at any time or periodically, any of the services provided through this Site (or part of it), with or without a previous notice, or according to the provisions of a written agreement between the User and Bayer. The User agrees that Bayer is not responsible before the User or any third-party for the amendment, suspension, or interruption of said services.
14. Disclaimer of Warranties. The materials on this Site are provided “in their natural state”, without any warranty of any kind, whether express or implied. Insofar as possible according to the applicable law, Monsanto denies any warranty, express or implied, including, without limitation, implied merchantability warranties, for an intended purpose, or non-infringement, regarding the Site and the materials on the Site. Bayer does not warrant or make representations regarding the use, validity, accuracy, or reliability of, or the results from the use of, or in any other way regarding, the materials of this Site, the operation of the Site or any Site linked to this Site.
15. Assignment of Rights. The User shall not assign its rights or obligations in virtue of this agreement without the prior written consent from Bayer. If it transfers its rights and obligations with the authorization of Bayer or in virtue of the law, these Terms and Conditions shall be binding for the person or entity receiving them.
16. Limitation of Liability. In any case, including, but not limited to, negligence, Bayer shall be responsible for direct, indirect, special, consequential, or emerging damage, including, without limitation, damages by loss of data or loss of profit emerging from the Site or its use, or the inability to use the materials on the Site, even when Bayer or its authorized representative have been warned about the possible damages. If the use by the User of this Site results in the need for maintenance, repair or correction of equipment or data, the User shall cover said costs. Some states do not allow for the exclusion or limitation of consequential or emerging damages; thus, the preceding limitation or exclusion is not applicable to the User.
17. Compensation. The User agrees to defend, compensate, and hold Bayer, its affiliates and their respective directors, officials, employees, and agents harmless against damages, claims and expenses, including lawyer’s fees, arising from the use of this Site or the transmission of the information, the data, the material or the content of the Site by the User.
18. Notification and Consent for Electronic Communications. The User agrees to receive electronic communications from Bayer, by e-mail or by publishing notices on Bayer’s or Bayer Group’s websites. You acknowledge that all agreements, announcements, and other communications provided to you by electronic means satisfy any legal requirement for said communications to be signed in writing.
You irrevocably agree to be contacted according to the contact information provided or updated on the Site.
19. Governing Law and Jurisdiction. This Site is controlled and operated by Bayer in the Republic of Argentina. Bayer makes no representations regarding the appropriateness and availability of the materials on the Site to be used elsewhere, and regarding the limited access to them from territories where their content is illegal. Users who chose to access the Site from other places do so under their own initiative and are responsible for their compliance with the applicable local laws.
These terms and any claim related to, and the use of, this Site and the materials contained herein are governed by the laws of the Republic of Argentina. The User irrevocably agrees to adhere to the exclusive jurisdiction of the courts based on the Autonomous City of Buenos Aires, regarding any action for the execution of these Terms and Conditions of Use and the Privacy Policy.
The Site was designed to comply with the laws of the Republic of Argentina. If any of the provisions of these Terms was declared inapplicable, illegal, or unenforceable, said provision shall be considered separately from these Terms and Conditions of Use and the remaining provisions shall be fully enforceable. The fact of not exerting or Bayer not demanding any right or provision from these Terms does not constitute a waiver of said right or provision.
20. Amendments to the Terms and Conditions of Use. Bayer may verify these Terms and Conditions of Use and amend them at any time by publishing new Terms and Conditions of Use in this Site. By using this Site, the User agrees to adhere to each and every review and, therefore, shall periodically visit this Site to determine the current Terms and Conditions of Use to which it shall adhere.