Saksham Terms of Use
Last Updated on: July 19, 2022
Latest updated on: August 22, 2024
Syngenta India Private Limited, having its registered office at Amar Paradigm, Sr. No. 110/11/3 Baner Road, Baner, Pune, Maharashtra 411045 ("Company" or "We" or "Us" or "Syngenta"), is the sole owner of the mobile application titled Saksham (the "Mobile Application" or "Saksham"). Saksham helps the Syngenta 'Field Force' consisting of personnel including but not limited to the Marketing Development Officers ("MDO"), Territory Managers ("TM"), Business Managers ("BM"), working closely with growers, retailers and distributors in various territories all over India (Hereinafter collectively referred to as "You", "Your" or "User"); Saksham helps the Users to easily log their attendance, record/plan events, maintain their geo-hierarchy & retailer data.
Saksham functionalities for Users varies based on the User's designation. Saksham functionalities for MDOs functionalities such as Events, Attendance, 'Set Up Village', Map my Retailers, Set up Retailers, My Taluka/Blocks, Liquidation View, Liquidation Target/Actuals, My Growers, MDO Demo Form, etc.
Saksham functionalities for TM/BM and enables the Users to monitor the activities of the MDOs and provides functionalities such as Events, MDO Attendance, Attendance Approvals, Admin - MDO HQ, MDO Geo Mapping, MDO List, My Distributors, My Territory, MDO Retailer View, MDO Village View, Liquidation View, Liquidation Target/Actuals, My Growers, TM Demo Form, Counterfeit Detection Tool (QR Code Based), etc.
THESE TERMS AND CONDITIONS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND THE COMPANY WHILE USING THE MOBILE APPLICATION AND SHALL GOVERN THE COMPANY'S RELATIONSHIP WITH YOU IN RELATION TO THE USAGE OF THE MOBILE APPLICATION. BY USING OR ACCESSING THE MOBILE APPLICATION OR USING THE MOBILE APPLICATION, YOU DE-FACTO AGREE TO THE FOLLOWING TERMS OF USE EITHER IN YOUR INDIVIDUAL CAPACITY OR AS AN AUTHORISED REPRESENTATIVE OF A THIRD PARTY. IN FURTHERANCE OF THE FOREGOING, YOU ALSO REPRESENT THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE PROVISIONS OF THIS AGREEMENT. YOUR USE OR ACCESS TO THE MOBILE APPLICATION AND ANY REGISTRATION ON THE MOBILE APPLICATION SHALL BE DEEMED TO BE YOUR CONSENT TO THESE TERMS OF USE.
Upon successful registration on the Mobile Application, you may take a note of the following:
1.1. MDOs are required to provide phone number registered in their individual capacity and TM/BM are required to provide valid Syngenta credentials for access or use of Saksham.
1.2. Your use of Saksham does not violate any applicable law or regulation.
1.3. You have not been previously removed from using Saksham by the Syngenta or your account has not been terminated by the Company. If You are registering as MDO your account has not been terminated previously by a TM/BM.
1.4. All the information provided by you is true, accurate, current and complete, and you will not hold us liable to verify any such information or your eligibility or authority to access or use the Mobile Application.
Grant of license: Upon signing up on Saksham by the User, Syngenta hereby grants to the User during the Term of this Agreement, a fixed-term, non-exclusive, non-transferable, revocable, non-sub licensable, worldwide, limited license to use and access the Mobile Application for the Syngenta's business purposes only and in accordance with this Agreement. The grant of license to use and access Mobile Application shall be restricted to Users only and must be in accordance with this Agreement. Nothing herein contained shall be construed as granting to the User any intellectual property right, which includes copyrights, regarding the Mobile Application except as expressly provided for hereunder. Company reserves all rights not expressly granted herein. Use of the Mobile Application for any purpose not expressly permitted by this Agreement is strictly prohibited.
Company does not guarantee availability of the Mobile Application at all times. We shall take reasonable efforts to make the Mobile Application available to you. However, as the Mobile Application functionalities are provided over the internet, data and cellular networks, the quality and availability of the same may be affected by factors beyond Company's reasonable control. Therefore, we shall not be liable for non-availability of the Mobile Application at any time. We may try and restore access to the Mobile Application on a reasonable and commercially viable basis.
4.1. User ID and password/One-Time-Password ("OTP"): User shall be responsible for maintaining the confidentiality of User ID and password or the OTP which would be generated at the time of logging into Saksham and User agrees to accept responsibility for all activities that are carried out under the User ID in its name. We encourage Users to use strong passwords i.e. passwords that use a combination of upper and lower case letters, numbers and symbols.
4.2. Unauthorized use of User ID: You must (i) notify Company immediately in case of any breach of security or unauthorized use of your User ID; (ii) report to Company immediately and use reasonable efforts to stop any unauthorized use of the Mobile Application that is known or suspected by you, and (iii) not provide false identity information to gain access to another User ID to use the Mobile Application. You agree to abide by all applicable laws and regulations. You shall be solely responsible for your acts and omissions. The Company shall not be responsible for any misuse or unauthorized use of your User ID and loss of data or functionality occasioned due to such unauthorized use.
5.1. Term: This Agreement will remain valid from the time the User signs up to access or use the Mobile Application till this Agreement is terminated as provided herein ("Term").
5.2. Automatic Termination: Your right to access and use the Mobile Application terminates automatically upon your material breach of any terms contained in this Agreement or if we are unable to verify or authenticate any information you provide.
5.3. We may at any time, at our sole discretion, reinstate suspended User. A User that has been suspended or blocked may not register or attempt to register with us or use the Mobile Application (through itself or any other entity or legal form) in any manner whatsoever until such time that such a User is reinstated by us. Notwithstanding the foregoing, if you breach the Agreement or other rules and policies, we reserve the right to take strict legal action, including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.
5.4. Effect of Termination: Upon the expiry of the Term or termination of this Agreement for reasons as stated above, the User's right to access the Mobile Application and use the Mobile Application shall immediately cease. Thereafter, User shall have no right, and the Company shall have no obligation, to execute any uncompleted tasks or obligations.
6.1. You agree, undertake and confirm that your use of the Mobile Application shall be strictly governed by the following binding principles:
6.1.1. You shall not use, host, display, upload, modify, publish, transmit, update or share any information or image which:
6.1.2. You shall not use any 'deep-link', 'page-scrape', 'robot', 'spider', automatic device, program, algorithm, methodology, or any similar or equivalent manual process to access, acquire, copy, monitor any portion of the Mobile Application or content or in any way reproduce, or circumvent the navigational structure, presentation of the Mobile Application, or any content to obtain or attempt to obtain any material, documents, or information through any means not purposely made available through the Mobile Application. We reserve our right to bar any such activities.
6.1.3. You shall not attempt to gain unauthorized access to any portion or feature of the Mobile Application, other systems, networks connected to the Mobile Application, server, computer, network, or the services offered on or through the Mobile Application by hacking, password 'mining', or any other illegitimate means.
6.1.4. You shall not probe, scan or test the vulnerability of the Mobile Application or any network connected to the Mobile Application or breach the security, authentication measures on the Mobile Application or any network connected to the Mobile Application. You may not reverse look-up, trace or seek to trace information on any other user of or visitor to Mobile Application (including any account on the Mobile Application that is not owned by you) or to its source or exploit the Mobile Application, any service, information made available, or offered by or through the Mobile Application in any way where the purpose is to reveal any information provided by the Mobile Application.
6.1.5. You shall not make any negative, denigrating, or defamatory statement(s)/comment(s) about Company, the brand name or domain name used by Company, or otherwise engage in any conduct or action that might tarnish the image or reputation of Company or other Users on the Mobile Application or otherwise tarnish or dilute any Company trademark, service marks, trade name and/or goodwill associated with such trade, service marks or trade name as may be owned or used by Company.
6.1.6. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Mobile Application, any transaction being conducted on the Mobile Application or any other person's use of the Mobile Application.
6.1.7. You shall enable Company to use the information you provide Company with, so that Company does not violate any rights you might have in your information. You agree to grant Company non-exclusive, worldwide, perpetual, irrevocable, royalty-free, and sub-licensable (through multiple-tiers) right to exercise the copyright, publicity or database rights or any other rights you have in your information for any current or future promotional or advertising related activities and any business purposes of Company. Company will only use your information in accordance with this Agreement.
6.1.8. You understand that we have the right at all times to disclose any information (including the identity of the persons who have provided information or material on the Platform) as necessary to satisfy any law, regulation, or valid governmental request, or in connection with the investigation of an alleged illegal activity or its solicitation and/or response to a lawful court order.
6.1.9. We reserve the right, but have no obligation, to monitor the material posted on the Mobile Application. Company shall have the right, at its sole discretion, to remove any content that violates or is alleged to violate any applicable law or either the spirit or letter of the Agreement. You remain solely responsible for the content of the material you post on the mobile application and your independent communication with the other users, regardless of form. Please be advised that such content posted does not reflect Company's views. In no event shall the Company assume or have any responsibility or liability for any content posted on the Mobile Application or claims, damages, or losses resulting from its use and/or appearance of it on the Mobile Application.
6.1.10. Company shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group(s) of people, intentionally or unintentionally.
7.1. All text, graphics, photographs, trademarks, logos, documents, sounds, notes, messages, emails, drawings, profiles, opinions, ideas, images, videos, audio files, other material or information (collectively 'Content') is uploaded by the Users on the Mobile Application in accordance with the Company's requirements/instructions. Except as expressly provided in the Agreement, no part of the Mobile Application including the Content may be utilised, copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including 'mirroring') to any other computer, server, website or other medium for publication, distribution or any commercial enterprise without Company's prior written consent.
7.2 You warrant that all the Content provided or uploaded or shared by You on the Mobile Application is true, accurate, current and complete, and you will not hold us liable to verify any such Content.
7.3. You shall be responsible for the Content uploaded or posted or transmitted on the Mobile Application by you. The Content will become our property and you grant us the exclusive, worldwide, perpetual, royalty free and transferable rights in such Content (i) to display your Content on the Mobile Application; and (ii) to use it for analytical purpose; and (iii) to host, copy, transmit, analyse, process, store, configure, publish and commercially use the Content; and (iv) any other purposes the Company deems fit. We shall be entitled to, consistent with our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of purpose forever, including, but not limited to, promotional and advertising purposes in any media, whether now known or hereafter devised or the creation of derivative work. You agree that any Content you post may be used by us, consistent with this Agreement, and you are not entitled to any payment or other compensation for such use.
7.4. Representation as to Content:
7.4.1. You represent, warrant, and agree that no Content/details shared by you with Mobile Application violates or infringes upon the rights of any third party, including any patent, copyright, trademark, privacy, publicity, or other personal or proprietary rights, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libelous, defamatory, or otherwise unlawful material.
7.4.2. In addition to this, you shall ensure that the Content does not (i) include anything that actually or potentially infringes or misappropriates the copyright, trade secret, trademark or other intellectual property right of any third party; and (ii) misrepresents or defrauds the other users as to your identity; and (iii) contains anything that is invasive of privacy, defamatory, threatening, hateful or otherwise discriminatory, false or misleading, or incites an illegal act; and (iv) is free from any virus, Trojan etc.
7.4.3. Your responsibility for your Content: At no point of time, shall we take any responsibility for the Content that you upload through the Mobile Application and you shall indemnify and hold us harmless for any claims related to your Content, including, but not limited to any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via the Mobile Application. If you violate the Agreement, your User ID will stand terminated and its use thereof shall be permanently suspended. Notwithstanding the foregoing, to the extent applicable by law, we or another User reserve the right to proceed in legal action against you, in the event of breach under this clause of the Agreement.
8.1. There may be proprietary logos, service marks and trademarks found on the Mobile Application whether owned/used by us or otherwise. By displaying them on the Mobile Application, we are not granting you any license to utilize those proprietary logos, service marks, or trademarks. Company owns all rights in any intellectual property rights created or developed by Company and exclusively owns all rights (including intellectual property rights), title, interest in respect of the Mobile Application.
8.2. All Content on the Mobile Application, including images, illustrations, audio clips, and video clips, databases are protected by copyrights, trademarks and other intellectual property rights. You must not copy, reproduce, republish, upload, post, transmit, or distribute Company's material in any way, including by email or other electronic means and whether, directly or indirectly, you must not assist any other person to do so. Without the prior written consent of the Company, modification or use of the material on any other website/networked computer environment or for any purpose other than Company's official business, is a violation of the copyrights, trademarks, and other proprietary rights is prohibited. Any rights not expressly and unequivocally granted to the User are reserved.
"Confidential Information" means all and any Content and information on the Mobile Application which includes, but is not limited to (i) intellectual property information; (ii) technical or business information or material not covered in (i); (iii) proprietary or internal information related to the current, future and proposed products or services of the Company, including samples, apparatuses, equipment, financial information including fees related information, process/flow charts, business models, information related to procurement requirements, purchasing, manufacturing, customers, investors, employees, business and contractual relationships, business forecasts, sales and merchandising, marketing plans, information that the Company provides or makes available via the Mobile Application regarding third parties; and information which, under all of the circumstances, ought reasonably to be treated as confidential and/or proprietary. The User shall ensure to: (i) maintain the confidentiality of the Confidential Information; and (ii) to use the Confidential Information only for the purpose under this Agreement or Company's business purposes; and (iii) not to disclose the Confidential Information to any person or make use of or take advantage of the Confidential Information for any purpose other than as specifically permitted by this Agreement.
You shall indemnify and hold harmless Company, its licensees, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees from any claim, demand, or actions including reasonable attorneys' fees made by any third party or penalty imposed due to or arising out or relating to: (i) details and Content that you submit or upload or transmit through the Mobile Application; and (ii) your violation of any rights of any other person in connection with the Mobile Application; and (iii) infringement of any third party intellectual property rights; (iv) any breach of the terms and conditions of this Agreement; (v) any breach of applicable law or violation of any laws and regulations.
13.1. These Terms (as amended from time to time) constitute the entire agreement between you and Syngenta concerning your use of the Mobile Application.
13.2. Syngenta reserves the right to update, modify or change these Terms from time to time. If it does so, the updated version will be effective immediately, and the current Terms may be available through a link in the Mobile Application to this page. You are responsible for regularly reviewing these Terms so that you are aware of any updates/changes to the Terms and you will be bound by any new policy/policies upon your continued use of the Mobile Application.
13.3. These Terms shall be governed by and construed in accordance with applicable laws and you agree to submit to the exclusive jurisdiction of the courts at Pune.
13.4. If any provision(s) of these Terms are held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties (as reflected in the provision) and all other provisions shall remain in full force and effect.
13.5. Syngenta's failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Syngenta in writing.
13.6. Unless otherwise expressly stated, nothing in the Terms shall create any rights or any other benefits whether pursuant to the Contracts Act 1872 or otherwise in favour of any person other than you, Syngenta and its group companies.
14.1. You can contact Syngenta at support.saksham@syngenta.com (during working hours only) or Email at __________.