(1)KWS SAAT SE & Co. KGaA (hereinafter referred to as "KWS") provides the "myKWS" platform at https://www.kws.de (hereinafter referred to as "myKWS"), via which the duly registered participants use the "myKWS" platform Access the content available on myKWS and use the other free services and software currently available on myKWS ("myKWS Tools") within the scope of the respective availability. Further information on the services can be found in the service description, § 8, as well as the software in the service description of myKWS Tools, § 9.
(2)These Terms of Use govern the provision of the Services and myKWS Tools by KWS and the use of such Services and myKWS Tools by you as a properly registered Participant.
(3) Information about KWS can be found here.
§ ° 2 Changes to the Terms of Use
KWS reserves the right to change these Terms of Use at any time with effect even within existing contractual relationships. KWS will notify you of such changes at least 30 calendar days before the planned entry into force of the changes. If you do not object within 30 days from receipt of the notification and continue to use the services after the expiry of the opposition period, the changes shall be deemed to have been validly agreed upon expiration of the deadline. In case of opposition, the contract will be continued under the previous conditions. KWS will point out your right of objection and the consequences in the notification of change.
§ ° 3 Registration authorization
(1)The use of the services available on myKWS requires you to register as a participant. A claim to participation does not exist. KWS is entitled to reject requests to participate without giving reasons.
(2)You are only allowed to register if you are of legal age and unlimited legal capacity. Minors are prohibited from registering. In the case of a legal entity, the registration must be carried out by a natural person who has unlimited legal capacity and is authorized to represent.
- § ° 4 Your registration on myKWS
(1)Registration for myKWS is free of charge for you. KWS reserves the right to offer one or more services or myKWS Tools for a fee.
(2)The contact details and other information requested by KWS during the registration process must be completely and correctly stated by you. When registering a legal entity, the natural person authorized to represent must also be indicated.
(3)After you have provided all the data requested by you, they will be checked by KWS for completeness and plausibility. If the information is correct from the point of view of KWS and there are no other concerns from KWS's point of view, KWS will release your requested access and notify you by e-mail. The e-mail is considered acceptance of your application to participate. From receipt of the e-mail, you are entitled to use myKWS within the scope of these Terms of Use. For this you must first confirm your activation by clicking on the link contained in the e-mail.
§ ° 5 Responsibility for the access data
(1)During the registration process, you will be asked to enter a username and password. With this data, you can after the activation of your access and your confirmation gem. § 4 (3) on myKWS login. It is your responsibility that the username does not violate the rights of third parties, in particular any naming or trademark rights and does not violate common decency.
(2)The access data including the password must be kept secret by you and not be made accessible to unauthorized third parties.
(3)It is also your responsibility to ensure that your access to myKWS and the use of the services available on myKWS are made solely by you or by the persons authorized by you. If it is to be feared that unauthorized third parties have become aware of or gain access to your access data, KWS must be informed immediately.
You are liable for any use and / or other activity that is performed under your access data, according to the statutory provisions.
You are required to keep your data (including your contact information) up-to-date. If during the duration of your participation a change of the indicated data sets in, then you must correct the information on myKWS in your personal settings immediately. If you do not succeed, please inform us of your changed data immediately by e-mail or fax.
§ ° 7 Termination of participation
(1)You can cancel access at any time by unsubscribing from myKWS.
(2)Upon termination of the contract, the contractual relationship ends and you may no longer use your access. KWS reserves the right to block the username and password when the termination takes effect.
(3)KWS is entitled to irretrievably delete all data resulting from your participation within 30 calendar days of the effective date of the termination and after expiry of any statutory retention periods.
§ ° 8 Service offer and availability of services
(1)KWS provides you with various information and other services for temporary use at mykWS. Such services may include, but are not limited to, the making available of data, contributions, image and sound documents, information and other content (hereinafter collectively "contentbe called).
The content and scope of the services are determined in accordance with the provisions of these General Terms of Use myKWS and, if applicable, also in special terms of use of the respective services, otherwise according to the functionalities currently available on myKWS.
(2)The services available on myKWS may also include third-party services to which KWS merely provides access. For the use of such services - which are respectively identified as third-party services - divergent or additional provisions may apply to these Terms of Use, to which KWS will refer you in each case.
(3)A claim to the use of the services available on myKWS exists only in the context of the technical and operational possibilities at KWS. KWS endeavors to ensure that its services remain as uninterrupted as possible. However, technical interruptions (such as power interruption, hardware and software failures, technical problems in the data lines) may cause temporary restrictions or interruptions.
- § ° 9 Use of the myKWS tools, availability and liability for the calculation results
(1)KWS provides you with various myKWS tools free of charge at myKWS. Currently, the deployment of the following myKWS tools is planned or already in progress:
- Ackerfit Mix Consultant
- Agroservice test results maize
- Volunteer rape timer
- Biogas Calculator
- soil temperatures
- Feldaufgangs-Timer ZR
- Feeding Guide Corn
- Nematode Generation-Timer ZR
- Nematode Manager ZR
- Neutral variety comparison grain
- Price barometer rye
- Risk calculator ears fusarium wheat
- Turnip currently
- Seeds & Sowing Starch in particular Seeds and Seeds Corn, Seeds and Seeds Rape, Seed Feeder Calculator ZR, Sowing Starch Calculator Grain
- Schadbild-Finder, especially Schadbild-Finder Mais, Schadbild-Finder rape, Schadbild-Finder rye, wheat, barley, Schadbild-Finder ZR
- Silage-Manager But
- Silage-Schadbild-Finder
- Variety consultant, in particular variety advisor corn, variety advisor rapeseed, variety advisor cereals, variety advisor ZR
- Drying costs calculator Grain corn
- TS Monitoring More
- VorsprungPlus Interactive result chart
- Heat sums corn
- Weather Service
The content and scope of the services are determined by the provisions in these General Terms of Use myKWS Farm Service as well as any additional special conditions of use of the respective myKWS Tools, otherwise according to the functionalities currently available on myKWS.
(2) The results and recommendations made in the framework of the myKWS Tools are created with the greatest possible care. The myKWS tools contain assumptions and simplifications. The recommendations based on the myKWS tools are made on the basis of courtesy and without the will to bind the law. The use of the computer is at your own risk and responsibility.
(3) The results of the myKWS tools are calculated fully automatically and made available to the participant without prior checking by KWS. Therefore, KWS can not rule out that in rare cases erroneous results due to erroneous input data or indefinite model states. The results are therefore to be understood as an additional information offer, for the correctness of which no liability can be assumed.
(4) KWS assumes no responsibility for the accuracy of the results determined by myKWS Tools. Liability is expressly excluded in this context. § 8 (3) applies accordingly.
- § ° 10 Changes to services and myKWS tools
KWS is entitled at any time to change services or myKWS Tools provided free of charge to myKWS, to make new services or myKWS Tools available free of charge or for consideration, and to discontinue the provision of free services or computers. KWS will pay attention to your legitimate interests.
§ ° 11 Content protection, responsibility for third party content
(1)The content and myKWS Tools available on myKWS are predominantly protected by copyright or other intellectual property rights and rightsare each the property of KWS or other third parties who have made the respective content available, The compilation of the content as such may be protected as a database or database work within the meaning of §§ 4 (2), 87a (1) UrhG. You may only use these contents and myKWS tools in accordance with these Terms of Use, the additional, if applicable, special terms of use of the respective services or KmyKWS Tools as well as in the context specified by myKWS.
(2)The content available on myKWS comes partly from KWS and partly from other third parties. Contents of other third parties are summarized below "DrittinhalteKWS does not check the completeness, accuracy and legality of third-party content and therefore accepts no responsibility or guarantee for the completeness, accuracy, legality and timeliness of the third-party content, including with regard to the quality of the third-party content and its suitability for one purpose, as well as third party content on linked external websites.
Insofar as the contents are not expressly marked as third party content, these are provided by KWS.
§ 12 Scope of permitted use, monitoring of use activities
(1)Your right to use is limited to access to myKWS as well as to the use of the respective services available on myKWS and myKWS Tools within the scope of these Terms of Use.
(2)You are responsible for the creation of the technical conditions necessary for the contractual use of the services and myKWS Tools. KWS does not owe you any advice in this regard.
(3)KWS points out that your usage activities can be monitored to the extent permitted by law and to improve the user-friendliness and further development of the myKWS. This may also include the logging of IP connection data as well as their evaluation in case of a concrete suspicion of a violation of the present Terms of Use and / or a concrete suspicion of the existence of any other unlawful act or crime.
- § 13 Right of use of content available on myKWS and myKWS tools
(1)Unless these Terms of Use or myKWS expressly permit further use or are made possible on myKWS by means of a corresponding functionality (eg download button),
(2)You are only entitled to download content ("Download") as well as to print out contents as far as there is a possibility to download or print out on myKWS as functionality (eg by means of a download button).
You will receive a perpetual and non-exclusive right of use for your own non-commercial purposes for the content that you have duly downloaded or printed out. For the rest, all rights to the content remain with the original owner of the rights (KWS or the respective third party).
(3)Your mandatory legal rights (including copying for private and other own use according to § 53 UrhG) remain unaffected.
§ ° 14 Blocking of access
(1)KWS may suspend your access to myKWS temporarily or permanently if there are concrete indications that you have violated or violated these Terms of Use and / or applicable law, or if KWS has any other legitimate interest in blocking. When deciding on a suspension, KWS will take due account of your legitimate interests.
(2)In case of temporary or permanent blocking, KWS blocks your access authorization. A permanently locked access authorization can not be restored. Permanently suspended persons are permanently excluded from participation in myKWS and may not register again for myKWS.
One of the quality requirements of KWS is to deal responsibly with the personal data of the participants. KWS handles all data processing procedures in accordance with statutory regulations. An overview of the type of data collected, the way in which this data is used and passed on, and the manner in which you receive information about the information provided by KWS are given on the website of KWSData protection.
§ 16 Limitation of Liability
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§ 17 written form requirement
§ ° 18 Severability clause
