GreenCast Connect Mobile Application – Terms & Conditions

General

The App is designed for and offered only to Professional Turf Managers for use in relation to turf control activities. The Greencast Connect solutions offer a comprehensive information, monitoring and management service that combines innovative hardware, software, and data analytics to help optimize turf care practices.

The GreenCast connect solution offers a three-tier subscription model with instant access to the Basic model by signing-up with for an account with your personal details. For signing-up to the paid Advanced or Premium subscription model, please visit or contact us directly.

In general, the App uses your inputs and processes them, including through extrapolation, combination with data and insights from other sources (for example, weather forecasts or sensor data) and the use of algorithms and statistical models to produce the outputs. There is more detail on some of the individual features of the App in the table.

Disease Forecast

Obtains weather forecast data for the location that you specify (“Location”) to provide the following Outputs:

• a prediction of the likelihood that the weather conditions (temperature, humidity, rainfall) in the specified Location may be conducive to a particular disease. All the App’s outputs are intended to be used to support and inform turf management decisions taken independently by you, or where you use the App as part of a service you provide to your End Customers, by you and your End Customers. The App, including the Outputs, should not be used for any other purpose.

PLEASE NOTE – The outputs provided by the App are dependent upon some factors that we cannot control:

• The weather – due to the nature of weather forecasting, forecasts provided by our weather forecasting partners will not be entirely accurate.
• Local conditions - conditions at the Location may be conducive to disease even when the weather forecast is outside the risk criteria.
• Third party data – although we take reasonable care to ensure that we use good quality, accurate third-party data, some third-party data is made available for use by us without any warranty that it is correct or error-free.
• Your Inputs - the quality, accuracy and timeliness of Your Inputs may affect the Outputs.
• Information may not be fully up to date - we take reasonable care to ensure that information about turf care products (for example, products, varieties, equipment) is up to date at the time when it is incorporated in the App. Updated data may be released from time to time but will only be incorporated into the App periodically when we release an App update. Therefore, you should not rely on agricultural product information in the App as being fully up-to-date.

PLEASE NOTE:

There are many factors which influence turf management. Syngenta does not provide any guarantee that use of the App will produce the desired results. The Outputs should not be used as the sole basis for making turf management decisions and you should exercise your professional judgment.

Any information contained or referenced in the App relating to professional turf management products and services is provided to support and inform your independent decisions. Syngenta does not provide any guarantee that the information within the App is accurate or fully up-to-date.

Syngenta Product information. For additional information or queries about Syngenta’s professional products and services, please contact us directly.

Read and follow the label: If you use any product (whether Syngenta’s or a third party’s) you must read and follow the label accompanying that product and comply with all applicable laws and regulations relating to the use of that product.

In particular, you agree that you are responsible for inspecting your turf and exercising your judgment in deciding whether to follow any recommendation or other Outputs from the App, and for implementing turf management practices in accordance with good practice, stewardship guidance and any applicable laws and regulations. We draw your attention to sections “Disclaimer” and Limitation of Liability below.

If you are a consumer, you may not download and use the App. If you download and use the App, you represent and warrant that you are not doing so in a consumer capacity (private use) but in a professional capacity and on behalf of a company or other business entity, or on behalf of a research institute or public body (“Business”). You also represent and warrant that you are authorized to bind the Business to the Terms & Conditions. Unless the context otherwise requires, in the Terms & Conditions, “you” and “your” means both the person who has downloaded and uses the App and the Business on behalf of which the App is being used. 

By installing the GreenCast Connect Mobile Application (the “App”) you agree to be bound by these Terms & Conditions (together with any policies cited within these Terms & Conditions). Please review these Terms & Conditions carefully before you use the App. Your download, installation, or use of the App constitutes your acceptance of these Terms & Conditions which takes effect on the date on which you download, install or use the App. If you do not agree with these Terms & Conditions, you should stop using the App immediately.

Conditions of Use

Syngenta Crop Protection AG and its Affiliates (“Syngenta”) offer this App service to you, provided that you are of legal age to form a binding contract. The application can only be used after creation of an account by the administrator.

Your Information: “Your Information” includes any information data, text, software, photographs, graphics, video, messages or other materials you provide to Syngenta during the registration. You are solely responsible for the accuracy and security of your Information.  Syngenta may take any action, however, with respect to your Information that Syngenta deems necessary or appropriate in its sole discretion if it believes it may create liability for Syngenta or may cause Syngenta to lose (in whole or in part) the services of its internet service providers or other service partners.  You hereby warrant that you have all rights, including copyrights and any other applicable proprietary rights necessary to submit your Information to Syngenta. You acknowledge that Syngenta does not have any responsibility to determine what information that is submitted to Syngenta should be protected.

Registration Obligations:  If you register to use the App, you agree to: (a) provide true, accurate, current and complete information about yourself or company as prompted by the App and (b) maintain and promptly update the information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Syngenta has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Syngenta has the right to suspend or terminate your registration at Syngenta’s sole discretion and refuse any and all current or future use of the App.  If you have registered with us on behalf of a company or other entity that you represent and warrant that you have the authority to bind such company or other entity to this agreement.

User ID, Password and Security: During the registration to use the App, you may select a User ID and password. Your Syngenta account and User ID may not be transferred or sold to another party and you are solely responsible for maintaining the confidentiality of your User ID and password and for all activities that occur under your User ID and password. You agree to (a) immediately notify Syngenta of any unauthorized use of your User ID or password or any other breach of security and (b) ensure that you properly exit the App at the end of each session.  Syngenta cannot and will not be liable for any loss or damage arising from your failure to comply with this clause.

Rules about Your Account: You represent and warrant that your Information and your use of the App (a) will not be fraudulent or involve counterfeit, stolen or banned goods; (b) will not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) will not violate any law, statute, ordinance or regulation (including, without limitation, those governing export controls, trade quotas, consumer protection, unfair competition, anti-discrimination or false advertising); (d) will not be defamatory, trade libelous, unlawfully threatening or harassing; (e) will not be obscene or contain child pornography; (f) will not contain any viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (g) to collect e-mail addresses and other information about others without their consent or (h) to create false e-mail addresses or otherwise attempt to mislead others as to the identity of the sender or the origin of a message.

Data Protection

Any personal information you supply to Syngenta via this App will be used and protected in accordance with the Privacy Policy also available in the App.

Syngenta is committed to respecting the personal privacy of the individuals who use the App. The Privacy Statement posted in the App describes Syngenta’s current policies and practices with regard to the personal information collected by Syngenta through this App. The Privacy Statement is part of these Terms & Conditions. When you agree to be bound by these Terms & Conditions, you are consenting to the collection, use and disclosure of your personal information in accordance with the Privacy Statement in the App.

Proprietary Rights, License, and Intellectual Property Rights

You acknowledge and agree that the services provided via the App and the App itself contain proprietary and confidential information which is the sole and exclusive property of Syngenta that is protected by applicable intellectual property and other laws, regulations, and treaties. The App is owned by Syngenta. The information, details, data, documents, illustrations, content, graphics, and design published in the App are the property of Syngenta and cannot be used or reproduced in any manner without the prior written consent of Syngenta. You agree not to re-sell this App for any purpose. Any unauthorized use of our materials is expressly prohibited and constitutes a violation of copyright, trademark law, or other intellectual property rights. You further acknowledge and agree that content supplied to you via the App is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Syngenta, you agree not to modify, distribute or create derivative works based on the content received via the App. Subject to the Terms & Conditions, Syngenta grants you a limited, non-exclusive, non-transferable license to access and make personal use of the App and not to modify it, or any portion of it, except with the express written consent of Syngenta.  This license does not include any resale or commercial use of the App or its contents; any collection and use of any product listings, descriptions or prices; any derivative use of the App or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots or similar data gathering and extraction tools. The App or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose other than for which it is intended without the express written consent of Syngenta. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout or form) of Syngenta without express written consent.  You may not use any meta tags or other “hidden text” utilizing Syngenta Intellectual Property without the express written consent of Syngenta.  Any unauthorized use terminates the permission or license granted by Syngenta.

Prohibited Uses

In addition to other prohibitions as set forth in the Terms & Conditions, you are prohibited from using the App or its services and content for reasons including, but not limited to:

• for any unlawful purpose;
• to solicit others to perform or participate in any unlawful acts;
• to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
• to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
• to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
• to submit false or misleading information;
• to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the App and its services;
• to collect or track the personal information of others;
• to spam, phish, pharm, or pretext;
• for any obscene or immoral purpose; or
• to interfere with or circumvent the security features of the App and its services.

We reserve the right to terminate your use of the App and its content and services for violating any of the prohibited uses.

Availability

This App is available to handheld mobile devices running Apple® iOS Operating System or Android™ OS. Syngenta will use reasonable efforts to make the App available at all times. However, you acknowledge the App is provided over the internet and mobile networks and the quality of the App may be affected by factors outside Syngenta’s reasonable control.

Syngenta does not accept any responsibility whatsoever for the unavailability of the App, or any difficulty or inability to download or access content or any other communication system failure which may result in the App being unavailable. You may be charged by your service provider for downloading and/or accessing the App on Your mobile phone, tablet or other handheld device (the “Device”). These may include data roaming charges if you do this outside your home territory. All these charges are solely your responsibility. If you do not pay the bills for your Device then we assume that you have the permission from the person that does before incurring any of these charges.

Termination

Any obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms & Conditions are effective unless and until terminated by either you or us.

Syngenta may terminate your use of the App in its sole discretion at any time and for any reason by giving notice of termination to you.

Upon any termination (i) the rights and licenses granted to you herein shall terminate and (ii) your account will be disabled and you will not be granted access to the App and its services.

Warranties

Syngenta hereby warrants to you that:

1. its issuance of this agreement does not and will not breach any other agreement or terms and conditions to which it is a party; and
2. it has the necessary authority to issue this agreement.

You hereby warrant to Syngenta that:

1. Your acceptance of this agreement does not breach any other agreement or terms and conditions to which you are a party; and
2. Should you place any order for any service on behalf of a third party, such action is taken by you pursuant to instructions provided by such third party and You undertake to communicate the terms of this agreement and the service specific terms and conditions (as applicable) to such third party and your acceptance of this agreement and the service specific terms and conditions (as applicable) shall also bind such third party as if such third party had placed the order; and
3. You will provide all the answers required for the provision of the App services in good faith and will not knowingly, recklessly or carelessly make any misrepresentations or incorrect statements; and
4. You will comply with any additional terms and conditions published by Syngenta from time to time.

No Warranties

The information set forth on, and description of services offered through the App were believed by Syngenta to be accurate at the time of preparation or obtained from sources believed to be reliable. Syngenta makes no warranty concerning the accuracy of the information or of the service descriptions set forth in the App or the results obtained through its use. In addition, Syngenta makes no express or implied warranties, either of merchantability, fitness for a particular purpose, accuracy, completeness or correctness, non-infringement, or of any other nature regarding the information or service descriptions set forth in the App.

Syngenta gives no representation or warranty, express or implied and whether arising by common law or statute that any electronic documents, computer software or data (which shall include without limitation disks, tapes, hard drives, Database access or any other form of program or file delivery, tangible or intangible and whether delivered to you electronically via a communications network or otherwise) (collectively, the "Data") supplied to you is free from any errors, interruptions, computer virus or other malicious programming or is accurate or is confidential or is compatible with your computer systems or mobile device or that there is no functionality included which is incompatible with your computer systems or mobile device. The App and its content are delivered on an “as-is” and “as-available” basis. Syngenta shall not be liable for any disruption in the Data transmission, errors or omissions in the content of the Data, or loss or damage which may arise by the delivery of the Data, save to the extent that such liability cannot by law be limited or excluded.

The above disclaimer applies to any and all damages, claims, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Trademark Notice

All of the trademarks, service marks and logos displayed in the App (the “Trademark(s)”) are registered and unregistered trademarks of Syngenta, one of its affiliates, or third parties who have licensed their trademarks to Syngenta or one of its affiliates. Except as expressly stated in these Terms & Conditions, you may not reproduce, display or otherwise use any Trademark without first obtaining Syngenta's written permission.

Limitation of Liability

We do not guarantee, represent or warrant that your use of our App and its services will be uninterrupted, timely, secure or error-free.  You agree that from time to time we may remove the App and its services for indefinite periods of time for maintenance and updates. The App and its services and all products and services delivered to you through the App (as applicable) are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use.

In no case shall Syngenta, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the App, App services and content, or any products procured using the App, or for any other claim related in any way to your use of the App and its content, service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the App and its services or any content (or product) posted, transmitted, or otherwise made available via the App and its services, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Indemnification

You agree to indemnify, defend and hold harmless Syngenta and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms & Conditions, your use of the App and its content and services, or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Consent

By agreeing to the Terms & Conditions, and in accordance with our Privacy Statement in the App, you consent to Syngenta’s and/or its agent’s collection, use, and disclosure of information as it relates to this App and its services and the Terms & Conditions, including any associated personal information, for the following purposes: (a) your use and participation in the App; and (b) Syngenta’s better understanding of your needs and preferences in order to develop and offer information, services, and products by Syngenta, Syngenta’s affiliates, Syngenta’s agents or Syngenta’s authorized distributors/retailers. You acknowledge and agree that Syngenta and its agents may communicate with you by electronic messages for commercial activities associated with your use as it relates to this App and any purposes contemplated under these Terms & Conditions.

Links to Other Syngenta or 3rd Party Websites

This App may contain hyperlinks to other websites operated by Syngenta or other Syngenta entities ("Other Syngenta website(s)"). These Other Syngenta websites are separate and distinct websites. Each serves a different purpose. Each Other Syngenta website is therefore governed by its own terms of use and its own privacy statement. If you access Other Syngenta websites through links on the App, please take a few minutes to review the terms of use and privacy statement posted on each Other Syngenta website you visit.

Certain content, products, and services available via our App may include materials from third-parties. 

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. 

Unsolicited Ideas and Comments

Syngenta welcomes your comments and feedback regarding this App. All information and materials submitted to Syngenta, such as any comments, feedback, ideas, questions, designs, data or the like, will be considered non-confidential and non-proprietary. For this reason, we ask that you not send us any information or materials that you do not wish to assign to us, including, without limitation, any confidential information and any original creative materials. By submitting communications and/or materials to Syngenta through this App, you assign to Syngenta, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in the information and/or materials you submit to Syngenta. Syngenta will be entitled to use any information and/or materials you submit through this App, and any ideas, concepts, know-how or techniques contained in any such information and/or materials, for any purpose whatsoever, included but not limited to developing, manufacturing and marketing products using such information or materials without restriction and without compensating you in any way. However, Syngenta will not use any information or materials you submit through this website in a way that may violate applicable privacy laws.  In particular, Syngenta will not release your name or otherwise publicize the fact that you submitted information or materials to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this App will be published or otherwise used with your name on it; or (c) we are required to do so by law. You are responsible for the communications you submit through this website, including, without limitation, their truthfulness and accuracy. Please note that your submissions do not have any legally binding effect on Syngenta. Therefore, invoices, reminders and the like must be exclusively sent to the addresses set forth in the respective contract.

You agree that your comments will not violate any rights of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the App and its services or any related websites. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you and any third-party.

General

No Agency or Partnership: Both Syngenta and you are acting alone and not as an agent, representative or employee of the other.  Nothing in this agreement or any action taken hereunder will create between Syngenta and you, or be deemed to create between Syngenta and you, a partnership, association, joint venture or other co-operative entity.

Assignment: You may not assign or otherwise transfer any of your rights or obligations under this agreement.

Invalidity: If any provision of this agreement is found to be invalid, the invalidity of such provision will not affect the validity of the remaining provisions of this agreement or any service specific terms and conditions.

Waiver: Failure by either party to exercise any right or remedy under this agreement does not constitute a waiver of such right or remedy.

Precedence: In the event of any discrepancy or inconsistency between this agreement and any service specific terms and conditions, the service specific terms and conditions shall take precedence.

DISCLAIMER

The App and its Contents are provided on an "as is”, "as available" basis. We do not guarantee that the App will always be available. Although we will try to minimize disruption and inform you in advance of planned shut-downs, we reserve the right to shut down the App without prior notice.

To the fullest extent permitted under applicable law, and other than as expressly set out in this Agreement, Syngenta and our respective service providers and licensors disclaim all representations and warranties of any kind including: (a) all warranties of merchantability, fitness for a particular purpose, title and non-infringement with respect to the App and its Contents; (b) all warranties relating to delays, interruptions, errors, or omissions in the operation of the App or any part of the App; (c) all warranties relating to the transmission or delivery of the App or its availability at any particular time or location; (d) all warranties relating to the security of the App or that the Contents are free of viruses, worms or other code that may manifest contaminating or destructive properties; and (e) all warranties relating to the use, validity, accuracy, currency, completeness, suitability, reliability and availability of the App and the Contents.

Governing Law and Jurisdiction

This agreement (and any dispute, controversy, proceeding or claim of whatsoever nature arising out of or in any way relating to it) shall be governed by, and interpreted in accordance with, the substantive laws of the State of Delaware, United States of America, exclusive of any rules with respect to conflicts of law provisions and the (ordinary) courts of the State of Delaware, United States of America shall have exclusive jurisdiction for any claims relating to this agreement.

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