Terms and Conditions of Use
Last updated on May 12th, 2020.
Before using the application, Yielder App, operated by Agri-Yielder LTD or by any of its affiliates or subsidiaries (“Yielder” or “us”), please read carefully the following terms and conditions of use (“Terms”).
Indemnity
These Terms govern the use of our farmers communication platform (web based) and application “[Yielder]”, and the services made available by means of the application (“Services”), in accordance with applicable law. These Terms shall apply to all users and third parties who access or use Yielder app (“User”).
By clicking the icon “I have read and accepted the Terms and Conditions of Use”, you provide your express, free, conscious and informed consent to be bound by and comply with these Terms. The use of Yielder is subject to your acceptance of and compliance with these Terms, including our Privacy Policy. Therefore, if you do not agree to any provision of these Terms, you may not use the Application.
Services
The Services comprise a technology platform (application) which allow the User to complete a self-evaluation regarding the performance of his/her practices, compare their performance to other producers, generate and update an improvement plan, monitor his evolution over time, access a newsfeed, and have access to content including videos and training manuals regarding agricultural best practices. The application generates data bases that can be used by Yielder and its partners to diagnose the performance of groups of farmers, identify challenges, target technical assistance, and facilitate the development of sectoral actions and projects. Except as otherwise provided herein, the Application and the Services are made available for your personal use.
Users Accounts
In order to use our Services, you must be registered with the Application and maintain a personal User account. Account registration requires the request of information about you, which shall be collected, stored and processed in accordance with our Privacy Policy. By submitting information to us, you represent and warrant that (i) such information is correct, accurate, complete, and up-to-date, and (ii) the submission of such information does not violate the applicable law, as well as the privacy, intellectual property or other rights of third parties.
Each User account is personal and non-transferable. You are responsible for all activity that occurs under your User account and for keeping it secure. We recommend maintaining your User account information confidential. By using the Application, you agree not to disclose your password to third parties.
You will be solely responsible for any losses or damages that may arise from unauthorized access to your User account due to, but not limited to, disclosure or loss of your password or any other User account information.
Should you become aware of any unauthorized use of your User password or account, please contact us through kenya@yielder.org.
Minors
In order to use the Application, you must be at least 18 years of age or the age of legal majority under applicable law. If you are a minor, you are not entitled to use the Application. By using the Application, you represent that you are at least 18 years of age or the age of legal majority under applicable law.
Termination or Suspension of User Account
In our sole discretion, we may terminate or suspend your User account at any time, without any prior notice and liability, for any reason, including any conduct in violation of these Terms. Upon termination or suspension of your User account, your right to use the Application shall cease immediately.
Should you desire to terminate your User account, you may simply cease the use of the Application or request its termination through the Application or through kenya@yielder.org.
Availability
We reserve the right to suspend or terminate, in whole or in part, the Application and/or the Services at any time and for any reason, as well as to change their design, appearance and availability of their features and/or content without prior notice.
Internet, Data, Network and Personal Device Connection
You are responsible for obtaining access to the Internet or data network required to use the Application, as well as for acquiring and updating the hardware and devices required to access the Application. We do not guarantee that the Application and the Services, or any portion thereof, shall function on any particular personal hardware or device. You acknowledge that the Application and the Services may be subject to malfunctions and delays inherent to the use of Internet, data networks and electronic communications
Device Settings
By installing and using Yielder, you agree that the Application may change or modify the settings of your personal device to enable or optimize your access and use of the Application.
Acceptable Use and Restrictions
Yielder may only be accessed and used for lawful, authorized and acceptable purposes. By using the Application, you may not, among other things, (i) use it for commercial purposes or purposes other than those expressly provided in these Terms; (ii) be part in any illegal, offensive, obscene, defamatory, violent, coercive or abusive activity; (iii) interfere with the operation, functionalities or security measures of the Application; (iv) violate intellectual property rights of Yielder and/or third parties; and/or (v) violate any provision of these Terms.
Intellectual Property
Yielder, its original content, features, functionalities and all rights inherent to the Application (including, but not limited to, trademarks, logos, trade names, data, texts, images, graphics, drawings, sounds, codes, presentations, audio and video) are and shall remain the sole property of Yielder or of our licensors. The Application, its original content, features and functionalities are protected by intellectual property laws and other applicable laws and are not transferred to you in any way.
You are not authorized to use the copyrights, trademarks, patents, or any other form of intellectual property relating to the Application and/or our Services nor to change, remove or conceal any legal notices displayed in the Application, without the prior written consent of Yielder or of their respective holders, or as permitted by applicable law.
Furthermore, you may not copy, modify, distribute, sell or rent any part of the Application and its software, nor decompile, reverse engineer or attempt to extract the source code of such software except with our prior written consent or as permitted by applicable law.
Third Party Content
Yielder may host third party information, links and content (“Third Party Content”). We have no control over (and we do not assume any responsibility for) Third Party Content, as well as for the privacy practices or policies of any third-party applications, sites or services. If you choose to use third party applications, sites or services, you do so at your own risk.
You acknowledge and agree that we are not directly or indirectly liable for any loss or damage caused by (or relating to) any use or reliance on any Third-Party Content, as well as third party products or services available in any applications, sites or services. We recommend that you read the terms and conditions as well as the privacy policies applicable to third party sites or services that you visit.
Notifications
Our Services may send you notifications, service announcements, administrative messages and other information. These notifications may include pop-ups and messages.
Liabilties and Warranty
To the extent permitted by applicable law, our Application and Services are provided “as is” and “as available”, being subject to errors, failures and/or defects. We do not warrant or guarantee that (i) the access to and use of the Application will be uninterrupted or free from any errors, failures and/or defects, (ii) any errors, failures or defects will be remediated; (iii) the Application will be free from viruses or other harmful components; or (iv) the results of the Services (including any works, studies, analysis, reports and/or documents) will be suitable to your needs. Despite our ongoing efforts to maintain and keep the Application up-to-date, it is possible that not all functionalities and/or information will be available or up-to-date, so we do not warrant or guarantee the availability, accuracy or reliability of such functionalities and/or information. You are solely responsible for any use you make of the Services or the results arising there from.
You acknowledge that Yielder, its members, administrators, officers, employees, agents, representatives, affiliates, subsidiaries, licensors and partners are not liable for any direct, indirect, property, moral, incidental, special, consequential or punitive damages, including losses, loss of profits, revenues or data, or losses for business interruption arising from the use or inability to use the application and our services (including any works, studies, analysis, reports and documents resulting from or relating to the services), even if we are aware of the possibility of such damages.
No warranty of any kind, either express or implied, including, but not limited to, warranties of title, non-infringement, merchantability or fitness for a particular purpose, is made by Yielder, its members, administrators, officers, employees, agents, representatives, affiliates, subsidiaries, licensors and partners in relation to the availability, accuracy, reliability, absence of virus or any content of the application.
Nothing in these Terms is intended to exclude or limit any condition, warranty, right or liability that cannot be excluded or limited under applicable law. In any event, our liability shall be limited to the maximum extent permitted by applicable law.
Indemnity
You agree to defend, indemnify, and hold harmless Yielder, its members, administrators, officers, employees, agents, representatives, affiliates, subsidiaries, licensors and partners against any losses, damages, liabilities, costs and expenses arising from any disputes, claims, charges, lawsuits or trials arising from the (i) violation of or non-compliance with these Terms; (ii) misuse or irregular use of the Application; (iii) violation of or non-compliance with privacy, intellectual property rights or any other rights of third parties; and/or (iv) violation of or non-compliance with any local, state, district, national or international laws, rules or regulations.
Modification of the Terms
We reserve the right to amend or replace, in our sole discretion, the provisions of these Terms at any time and without prior notice. Amendments and replacements shall enter in force when made available on our site and/or in the Application. The date of the last amendment or replacement of these Terms is stated in the “Last Update” field at the top of the Terms.
In certain circumstances, we may, in our sole discretion, notify you of such amendments and replacements by means of notices in the Application or on our site. In any case, we recommend that you periodically review these Terms. By continuing to use the Application after the amendments or replacements have entered in force, you agree to the new provisions of the Terms, as amended or replaced.
No Waiver
Our failure to enforce any right or provision of these Terms shall not be deemed as a waiver of such rights.
Severability
In case any provision of these Terms is deemed invalid, illegal or unenforceable for any reason, the validity, lawfulness and enforceability of the other provisions herein shall not be affected or impaired and shall remain in full force and effect.
Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of Kenya, and any doubts or disputes arising from these Terms shall be settled by the courts of Kenya, or the courts of the place where the User resides.
Contact Us
If you have any comments or questions regarding these Terms, please contact us through kenya@yielder.org.