I. Introduction
a) The following provisions govern the terms and conditions for the use of the free CONVISO® SMART order form through the website of KWS UK LTD.
b) The use of this CONVISO® SMART order form is limited to adults. The user certifies that he is of legal age and that he has the legal capacity to make this order and its registration through the web.
c) As a prerequisite to formalize the order of CONVISO® SMART technology, the user will have to provide a package of data necessary for the processing of the order, its correct invoicing through the chosen distributor and the logistical process of delivery at the desired point.
d) KWS UK LTD will not invoice any unit of seed or herbicide to the end user of the service, but the user must indicate through which distributor they want to be invoiced for this product.
e) By using this CONVISO® SMART order form, you confirm that you have read and understood these terms and conditions of use and privacy policy and agree that these terms and conditions are fully applicable.
II. Charges
a) The use of this CONVISO® SMART order form will not involve any charge to you and the billing process will only begin when the product has been delivered to your address or the delivery point indicated by you.
b) Once the technology package has been delivered (Seeds + Herbicide), KWS will begin the invoicing process (to the chosen distributor) and no returns or modifications of this order will be accepted. Until then, the use of the CONVISO® SMART order form is free of charge.
c) In the event that the distributor chosen for the invoicing of the technology package does not accept this sale (in whole or in part), KWS reserves the right not to deliver the selected product and/or to contact you to choose another distributor through which to proceed with the invoicing.
III. Termination / Suspension of your access
a) We may suspend or terminate your access to the CONVISO® SMART order form without notice where it is reasonable for us to do so and specifically if: (i) for any reason we decide to discontinue to provide the order form, (ii) we believe that you have breached any of these Terms and Conditions, (iii) your use of the CONVISO® SMART order form has been in any way improper or breaches the spirit of these Terms and Conditions, (iv) we reasonably believe use of the order form be at risk of fraud or misuse; (v) our information technology infrastructure has failed, is experiencing outages or requires maintenance; or (vi) ordered or recommended to do so by the security services, court or a relevant regulatory authority.
IV. Your use of the order form
b) You must not:
(1) copy or reproduce all or any part of the CONVISO® SMART order form;
(2) alter, modify or adapt all or any part of the CONVISO® SMART order form;
(3) remove or tamper with any copyright notice attached to or contained within the CONVISO® SMART order form; or
(4) carry out reverse engineering of the CONVISO® SMART order form.
c) You represent and warrant to us that:
(1) all Profile information provided to us is true and accurate in every respect and you will keep all such information up to date during the relationship with KWS;
(2) you will only use the order form for your own purposes or the purposes of the entity you are representing (in case of legal person) and not on behalf of any other person;
(3) you will not use the order form, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the functionality of the order form.
V. Intellectual Property
a) KWS hereby grants you the non-exclusive, non-transferable right to use the CONVISO® SMART order form, including the copyright and all intellectual property rights therein, in connection with the CONVISO® SMART order form and in accordance with these Terms and Conditions.
b) The CONVISO® SMART order form and all content derived from the CONVISO® SMART order form is protected by copyright and/or other intellectual property rights. You hereby acknowledge that by using the CONVISO® SMART order form you obtain no rights in the software, trademarks or content related to the CONVISO® SMART order form and you may only use the same in complete accordance with these Terms and Conditions.
VI. Warranty and liability
a) The order form is provided "as is". We make no warranty or representation, whether express or implied, in relation to the satisfactory quality, fitness for purpose, completeness or accuracy of the services offered through the CONVISO® SMART order form. We make no warranty that the operation of the CONVISO® SMART order form will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the software or the server that makes it available are free of viruses or bugs, or represent the full functionality, accuracy, reliability of the materials therein.
b) KWS SAAT and/or KWS UK LTD shall not be liable to you or any third party for any modification to, suspension of, or discontinuance of the CONVISO® SMART order form.
Nothing in these Terms and conditions shall exclude or limit in any way the liability of KWS SAAT and/or KWS UK LTD: i) For death or personal injury caused by our negligence; ii) For fraud or fraudulent misrepresentation; or iii) For any matter for which it would be illegal or unlawful for us to exclude or limit, or attempt to exclude or limit, our liability.
KWS SAAT and/or KWS UK LTD are responsible to you for foreseeable loss and damage caused by them. If we fail to comply with these terms and conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking the terms and conditions or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen.
KWS SAAT and/or KWS UK LTD are not liable for business losses. KWS SAAT and/or KWS UK LTD will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
VII. Characteristics of the order form:
a) KWS UK LTD has developed this CONVISO® SMART order form to offer its clients the possibility of reserving their technology package CONVISO® SMART (Seed + Herbicide) in an easy, agile and safe way and in this way guarantee the availability of this product.
b) The CONVISO® SMART order form will be used to reserve the desired SMART seed variety and the CONVISO® ONE herbicide.
c) With the same form, you will be able to decide how to receive your technology package (seed + herbicide).
d) KWS UK LTD will not invoice you directly for the product, but rather, in the ordering process, you must choose the distributor that will issue the final invoice for the product.
e) During the order process, the CONVISO® SMART order form will require certain information necessary to formalize the billing process with the chosen distributor and the logistical process to deliver the required product.
f) Orders may only be placed by farmers present in the United Kingdom.
VIII. Miscellaneous
a) These Terms and Conditions and the entire legal relationship between the user and KWS are exclusively subject to the law of the United Kingdom.
b) For all possible disputes in connection with the use of the webform, as far as legally possible, the exclusive jurisdiction is the Courts of Cambridge, United Kingdom.
c) If individual provisions of these Terms and Conditions are or become void, the validity of the remaining conditions remains unaffected.
Terms and Conditions. Version January 2019.