§ 1 Scope, information about myKWS
(1) KWS UK Ltd. (hereinafter referred to as “KWS”, “we” or “us”) provides the platform “myKWS” via www.kws.com/gb/en/ (hereinafter referred to as “myKWS”), where duly registered users can access the services and content available on myKWS and use further services and software provided from time to time through myKWS (“myKWS Tools”). Further information about the services and content available on myKWS can be found in § 7 and further information about the myKWS Tools can be found in § 8 of these Terms of Use.
(2) These Terms of Use also apply to the use of the myKWS app and all services provided through it. Unless otherwise expressly regulated, any reference to “my KWS” as well as to “Services” and “myKWS Tools” in these Terms of Use also refer to the myKWS app and the content, services, tools and software functionalities made available through it.
(3) These Terms of Use govern the provision of access to myKWS and myKWS Tools by KWS and the use of myKWS and myKWS Tools by you as duly registered user.
(4) Our contact details are:
KWS UK LTD
56 Church Street, Thriplow, Royston, SG8 7RE
E-mail:
ukmarketing@remove-this.kws.com
Phone: 01763 2073100
Further information about KWS can be found here https://www.kws.com/gb/en/
(5) PLEASE READ THESE TERMS OF USE CAREFULLY. BY REGISTERING TO USE MYKWS, A LEGALLY BINDING CONTRACT IS CREATED BETWEEN YOU AND KWS.
§ 2 Changes to the Terms of Use
KWS reserves the right to change these Terms of Use at any time. KWS will notify you at least 30 days before any changes take effect. If you do not agree to the changes, you may stop using myKWS and myKWS Tools and request that your registered account be deleted. YOU WILL BE DEEMED TO HAVE AGREED TO THE CHANGES IF YOU CONTINUE TO USE MYKWS AND MYKWS TOOLS AFTER EXPIRY OF THE 30 DAY NOTICE PERIOD.
§ 3 Registration
(1) The use of myKWS and myKWS Tools requires your registration as a user and acceptance of these Terms of Use. Upon registration, a license agreement between KWS and the user is concluded. There is no entitlement to the conclusion of an agreement. KWS is entitled to reject user registrations without stating reasons.
(2) You are only allowed to register if you are of legal age and fully legally competent. Under-age persons are not allowed to register.
§ 4 Your registration with myKWS
(1) Your registration with myKWS is free of charge. KWS reserves the right to offer specific content or myKWS Tools subject to a fee. Applicable fee details and other terms will be provided before you access such content or myKWS Tools.
(2) Your registration is linked to you as an individual. Your account may not be used by other persons, unless the use or linking of other accounts is expressly provided for and permitted within the services.
(3) You are obliged to provide complete and correct contact details and further information as requested by KWS during the registration process.
(4) If KWS accepts your registration, KWS will activate your account and inform you via e-mail. As of receipt of the e-mail, you are entitled to use myKWS within the scope of these Terms of Use. In order to be able to do so, you will have to confirm activation of your account by clicking the link contained in the e-mail.
§ 5 Responsibility for login data
(1) During the registration process, you will be asked to state a username and password. Following the activation of your account and your confirmation in accordance with § 4 (4) you will be able to log in to myKWS. It is your responsibility to ensure that your username does not infringe any third-party rights, in particular rights to names or trademarks, and is not contrary to good morals.
(2) You are obliged to keep the login details to your account safe from third-party access and to ensure that the login details do not become known to third parties. ANY ACTIONS AND LEGAL TRANSACTIONS MADE VIA YOUR ACCOUNT WILL BE ATTRIBUTED TO YOU UNLESS (I) IT IS DISCERNIBLE TO KWS THAT SOMEONE OTHER THAN THE REGISTERED USER WAS ACTING OR (II) YOU CAN PROVE THAT THE MISUSE OF YOUR LOGIN DATA WAS WITHOUT YOUR FAULT. YOU MUST INFORM KWS IMMEDIATELY IF YOU FEAR THAT UNAUTHORIZED THIRD PARTIES HAVE GAINED OR WILL GAIN ACCESS TO YOUR LOGIN DETAILS.
(3) You are obliged to keep your details (including your contact details) up to date. If your details change during the term of use, you must correct your details in your personal settings on myKWS without undue delay. Should you not be able to do so, please inform us of your changed details by email or fax without undue delay.
§ 6 Termination of use
(1) You can terminate the license agreement at any time by requesting the deletion of your account on the myKWS platform or via the respective functionality of the myKWS App.
(2) Once the termination takes effect, the contractual relationship ends and you are no longer allowed to use your account. KWS reserves the right to block your user name and password as soon as the termination takes effect.
(3) KWS IS ENTITLED TO IRREVOCABLY DELETE ANY DATA GENERATED IN THE CONTEXT OF YOUR USE 30 DAYS AFTER THE TERMINATION TAKES EFFECT AND AFTER THE EXPIRY OF ANY STATUTORY RETENTION PERIODS. As far as KWS is obliged under data protection laws to delete your personal data, KWS will ensure that your personal data is deleted in accordance with our data protection regulations.
§ 7 Services offered and availability of services
(1) KWS offers a variety of content and other services via myKWS that can be used for a limited period of time. This may, for example, include making available data, articles, video and audio recordings, information and other content (hereinafter referred to as “Content”).
Your access to and use of the services offered on myKWS is subject to the provisions of these Terms of Use as well as any additional terms of use which may apply for specific services. The scope of accessible services and functionalities is limited to those available on myKWS from time to time, which may be changed, removed or made available by KWS at its discretion.
(2) The services offered may include third-party services to which KWS is merely providing access. The use of such services – which are identified as third-party services in each case – may be subject to different or additional terms of use of which KWS will inform you in each case.
(3) KWS uses commercially reasonable efforts to ensure that the service offered is available without interruption. There may, however, be temporary limitations or disruptions due to technical malfunctions (such as power outages, hardware or software errors or technical problems in the data lines). KWS GIVES NO GUARANTEE THAT THE SERVICE OFFERED, AND ANY SERVICES OR AVAILABLE CONTENT RELATED WILL BE UNINTERRUPTED OR ERROR-FREE.
§ 8 Use of myKWS Tools, availability and liability for calculation results
(1) KWS provides you with a variety of free-of-charge myKWS Tools. Any results or recommendations produced by the myKWS Tools are not legally binding statements on behalf of KWS. The use of the myKWS Tools (and reliance on any results or recommendations) is at the user's own risk and responsibility. The following myKWS Tools are currently available or planned:
- Beet Seed Service
- Biogas Calculator
- Catch Crop Advisor
- Drying Cost Calculator
- Feed Advisor Beef
- Feed Cost Calculator Pig
- Field Emergence Timer
- Field Scout
- Field Vitality Check
- Fursarium Risk Check
- Harvest Time Optimizer
- Heat Sums Check (Corn)
- Leaf Scanner (Sugar Beet)
- Nematode Advisor
- Nematode Manager
- Pest and Disease Finder
- Revenue Optimizer Rye
- SAT DM Monitoring
- Seed Rate Calculator
- Silage Manager (Corn)
- Soil Temperature Check
- Variable Rate Seeding
- Variety Advisor
- Variety Comparison
- Weather Check
(2) It may at times be necessary that the myKWS Tools work with certain assumptions and simplifications as it is not possible to take into account all circumstances of each individual case.
(3) The results of the myKWS Tools are calculated on a fully automated basis and provided to the user without prior checks by KWS. KWS can therefore not exclude that in rare cases incorrect results are produced, e.g. due to incorrect input data or undefined model states. THE RESULTS ARE THEREFORE TO BE SEEN AS AN ADDITIONAL INFORMATION OFFER AND NO GUARANTEES ARE GIVEN WITH REGARD TO THEIR CORRECTNESS. LIABILITY OF KWS IN THIS CONTEXT IS EXCLUDED IN ACCORDANCE WITH § 15.
(4) § 7 (3) APPLIES ACCORDINGLY WITH REGARDS TO THE AVAILABILITY OF THE MYKWS TOOLS.
(5) In some cases, the use of special services and tools may require consent to specific terms of use. The user will be informed separately about these terms of use. All current terms of use are available on the KWS homepage.
§ 9 Changes to services and myKWS Tools
KWS is entitled at any time to change services available on myKWS or myKWS Tools provided free-of-charge, to make new services or myKWS Tools available free-of-charge or for a fee or to discontinue the provision of free-of-charge services or myKWS Tools and calculators.
§ 10 Protection of Content, responsibility for third-party content
(1) The Content and myKWS Tools available on myKWS are protected by copyright or other property rights and are owned by KWS or other third parties who provide the respective Content. You may only use these Content and myKWS Tools in accordance with these Terms of Use, the additional specific terms of use for services or myKWS Tools, if applicable, as well as within the scope prescribed on myKWS.
(2) The Content available on myKWS is partly provided by KWS and partly by third parties. Content provided by third parties is hereinafter referred to as “Third-party Content”. KWS DOES NOT CHECK THIRD-PARTY CONTENT FOR COMPLETENESS, CORRECTNESS AND LAWFULNESS. KWS DOES THEREFORE NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR THE COMPLETENESS, CORRECTNESS AND LAWFULNESS OF THIRD-PARTY CONTENT. This also applies with regard to the quality of Third-party Content and its fitness for a specific purpose, in particular as far as Third-party Content on linked external websites are concerned.
Content that is not explicitly identified as Third-party Content is provided by KWS.
§ 11 Technical resources, monitoring of user activities
(1) You are responsible for ensuring that you have the appropriate technical resources to use myKWS and myKWS Tools. KWS does not owe you any advice in this respect.
(2) KWS herewith informs you that your user activities may be stored and used, to the extent legally permissible, to improve user experience and to further develop myKWS. This may include recording and evaluating IP connection data within the legally permitted scope if there are grounds to suspect a violation of these Terms of Use and/or if there are grounds to suspect any other illegal act or crime.
§ 12 Right to use myKWS and KWS Tools available on myKWS
(1) You may only access myKWS and use the myKWS Tools available on myKWS in accordance with these Terms of Use, the additional specific terms of use for services or myKWS Tools, if applicable, as well as within the scope prescribed on myKWS. Any further use is not allowed unless agreed to by KWS towards the user in written or text form.
(2) You are only entitled to download or print Content as far as myKWS contains functionalities allowing for such download or printing (e.g. with a download button).
You will be granted an unlimited and non-exclusive right of use for your personal, non-commercial purposes for Content downloaded or printed by you in accordance with these Terms of Use. All other rights to the Content remain with the original right holder (KWS or the respective third party).
(3) With regard to the use of the myKWS app, the following also applies:
- the myKWS app may not be copied or reproduced in whole or in part;
- it may not be changed, edited or adapted in whole or in part;
- Copyright notices attached to or contained in the myKWS app may not be removed or manipulated and
- No reverse engineering of the app is allowed.
(4) The myKWS app and the content derived from the myKWS app are protected by copyright and/or other intellectual property rights. You hereby confirm that the use of the app does not give you any rights to the software, trademarks or content in connection with the myKWS app and that you may only use it in full compliance with these Terms of Use. Mandatory statutory rights remain unaffected.
§ 13 Blocking accounts
(1) KWS may temporarily or permanently block your myKWS account if:
(a) the contractual relationship created by these Terms of Use is terminated. In this case, your account will be blocked as soon as the termination becomes effective.
(b) there are specific indications that you violate these Terms of Use;
(c) KWS otherwise has a legitimate interest in blocking your account for example, if you violate or have violated applicable law when using the Content or myKWS Tools available on myKWS or if there are technical reasons requiring your account to be blocked.
(2) If your account is temporarily or permanently blocked, KWS blocks your access right. A permanently blocked access right cannot be reinstated. Permanently blocked persons are excluded from using myKWS and may not re-register with myKWS.
§ 14 Data protection
KWS’ quality standards require responsible handling of users’ personal data. When processing data, KWS complies with all statutory provisions. The data protection policy available on KWS’ website contains an overview of which kind of data is collected, in which way data is used and transferred and how you can request disclosure of information provided by KWS.
§ 15 DISCLAIMER AND LIMITATION OF LIABILITY
(1) SAVE TO THE EXTENT EXPRESSLY SET OUT IN THESE TERMS OF USE, KWS DOES NOT GIVE ANY WARRANTIES, REPRESENTATIONS, UNDERTAKINGS OR OTHER COMMITMENTS TO YOU AS TO THE:
(a) AVAILABILITY, FUNCTIONALITY, PERFORMANCE, TRANSMISSION SPEEDS, CONTENT, LATENCY, ACCURACY AND/OR SECURITY OF MYKWS AND MYKWS TOOLS; OR
(b) THE QUALITY AND/OR RELIABILITY OF ANY CONTENT OR RESULTS OR RECOMMENDATIONS GENERATED AND/OR VIEWED USING MYKWS TOOLS.
(2) ALL OTHER WARRANTIES, CONDITIONS, REPRESENTATIONS, UNDERTAKINGS AND/OR TERMS (WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED BY STATUTE, COMMON LAW, CUSTOM, TRADE USAGE, COURSE OF DEALING OR OTHERWISE, INCLUDING AS TO SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, ACCURACY, ADEQUACY, COMPLETENESS OR TIMELINESS) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
(3) NOTHING IN THESE TERMS OF USE SHALL LIMIT OR EXCLUDE:
(a) YOUR STATUTORY RIGHTS; OR
(b) YOUR OR KWS’ LIABILITY IN RESPECT OF ANY CLAIMS: (I) FOR DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF SUCH PARTY (OR OF SUCH PARTY’S PERSONNEL); (II) RESULTING FROM ANY FRAUD (INCLUDING FRAUDULENT MISREPRESENTATION) MADE BY SUCH PARTY; AND (III) FOR WHICH LIABILITY MAY NOT OTHERWISE BE LIMITED OR EXCLUDED UNDER APPLICABLE LAWS.
(4) SUBJECT TO § 15(3), KWS HEREBY EXCLUDES ALL LIABILITY TO YOU FOR ANY LOSS OR DAMAGE ARISING IN RELATION TO THESE TERMS OF USE AND MYKWS WHETHER IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE), UNDER STATUTE OR OTHERWISE. IN PARTICULAR, KWS EXCLUDES ALL LIABILITY:
(a) RELATED TO: (I) USE OF MYKWS, MYKWS TOOLS AND CONTENT; (II) THE UNAVAILABILITY OR INACCESSIBILITY OF MYKWS, MYKWS TOOLS AND CONTENT; (III) ANY FAILURE OF A THIRD PARTY NETWORK AND/OR INFRASTRUCTURE THAT IS USED IN CONNECTION WITH MYKWS; (IV) ANY INCORRECT, INACCURATE, CORRUPT, INCOMPLETE, UNDELIVERED, MISDIRECTED OR MISLABELLED CONTENT OR OTHER DATA; (V) ANY VIRUS OR HARMFUL COMPONENTS OR LOSS OR DAMAGE TO YOUR SYSTEMS; AND/OR (VI) ANY UNAUTHORISED ACCESS TO, AND/OR PENETRATION OF, MYKWS; AND/OR
(b) FOR: (I) LOSS OF PROFIT OR REVENUE; (II) LOSS OF ANTICIPATED SAVINGS; (III) LOSS OF CONTRACT, BUSINESS OR OPPORTUNITY; (IV) LOSS, DESTRUCTION OR CORRUPTION OF DATA; (V) LOSS OF GOODWILL OR REPUTATIONAL LOSSES; (VI) OR INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGES OF WHATEVER NATURE INCLUDING ANY LOSSES OF A TYPE DESCRIBED IN (I) TO (V) WHICH COULD BE REGARDED AS INDIRECT OR CONSEQUENTIAL, IN EACH OF (I) TO (VI) WHETHER OR NOT REASONABLY FORESEEABLE, REASONABLY CONTEMPLATABLE, ACTUALLY FORESEEN OR ACTUALLY CONTEMPLATED BY YOU OR KWS AT THE TIME YOU ACCEPTED THESE TERMS OF USE.
§ 16 Notices
Unless expressly agreed otherwise in these Terms of Use, all notices made in the context of the use of myKWS shall be made in written form and sent to a physical address or by e-mail.
The e-mail address of KWS is:
ukmarketing@remove-this.kws.com
.
The mailing address of KWS is: 56 Church Street, Thriplow, Royston, SG8 7RE.
These contact details may change. Should this be the case, KWS will inform you of such changes.
Your e-mail address and mailing address are those you provided when registering to use myKWS. If these contact details change, please inform us of such changes OR update your profile on myKWS.
§ 17 Whole agreement and Severability
These Terms of Use constitute the entire agreement between you and KWS in respect of the access and use of the myKWS.
Should a provision of these Terms of Use be or become invalid, illegal or unforceable, the legal validity and enforceability of the remaining provisions shall remain unaffected. The invalid, illegal or unenforceable provision shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision shall be deemed deleted.
§ 18 Applicable law
These Terms of Use and any dispute or claim arising out of or in connection with these Terms of Use and/or myKWS (including non-contractual disputes or claims) are governed by the laws of England and Wales excluding the UN Convention of Contracts for the International Sale of Goods.
§ 19 Disputes and jurisdiction
Exclusive place of jurisdiction for all disputes arising under these Terms of Use is, as far as legally permissible, Hanover.
No one other than you or us shall have any right under the Contracts (Rights of Third Parties) Act 1998 to enforce any of these Terms of Use.
§ 20 Waiver
A waiver of any right, power, privilege or remedy (whether under these Terms of Use, at common law, equity, under statute or otherwise) is only effective if given by notice and shall not be deemed a waiver of any subsequent breach or default.
Dated: 2020.11.30