terms and conditions

Last Updated: May 24, 2023

In Effect: May 24, 2023

 

BLUE’s website (the "Site") is a service provided by BLUE Fertilizer ("BLUE" or "we"), a subsidiary of Timac Agro. These Conditions of Use, along with any other terms and conditions that may appear on the Site from time-to-time (collectively, "Conditions"), set forth the terms and conditions under which you may use and access the Site. BY ACCESSING THE SITE, YOU AGREE TO THESE CONDITIONS. IF YOU DO NOT AGREE TO THESE CONDITIONS (WITHOUT MODIFICATION), YOU ARE NOT AUTHORIZED TO ACCESS OR OTHERWISE USE THE SITE. These conditions of use may be modified or supplemented at any time, users of the site www.bluefertilizer.ag are invited to consult them regularly.

The website www.bluefertilizer.ag is regularly updated by our team. For further clarity, (a) we may modify, suspend, discontinue and/or restrict the use of all or any portion of the Site including the availability of any data or other information contained on the Site at any time for any reason and without notice or liability, and (b) we reserve the right, with or without notice to you, to change any of the services offered on the Site including, but not limited to, hours of operation, menu structures, access procedures, software commands, documentation, suppliers and/or other services. In the same way, the terms and conditions can be modified at any time: they impose nevertheless on the user who is invited to refer to it as often as possible to take note of it. If you object to any of these Conditions or any subsequent changes, you may not make use of the Site.

Use of Site and Content Use of Site

You may access and use the Site solely for your personal use in accordance with these Conditions. You agree not to access or use the Site in any manner that is prohibited by these Conditions or is otherwise unlawful. We reserve the right, in our sole discretion, to terminate or suspend your access to, and/ or use of, the Site, or any portion thereof, at any time, with or without notice and for any reason (or no reason), and you agree that (a) if your authorization to access the Site is terminated, you will not thereafter access, or attempt to access, the Site, directly or indirectly, and (b) if your authorization to access the Site is suspended, you will not thereafter access, or attempt to access, the Site, directly or indirectly, until your suspension is removed and we give you express notice thereof.

Use of Content

You are granted a limited, revocable license under copyright to make a single copy and/or print a single copy of any information displayed or transmitted on the Site (including, but not limited to, logos, trademarks, service marks, directories, guides, news articles, opinions, reviews, text, photographs, images, illustrations, audio clips, video, html, source and object code, software, data, and the like, collectively "Content") for your personal, non-commercial use only.

Restrictions Except as expressly permitted in Section "Use of Site" and "Use of Content" above, you agree not to, without first obtaining our express written permission, (a) distribute (including via e-mail), or otherwise make available, copies of any Content to anyone, (b) republish the Content on the Internet or any intranet or extranet site or incorporate the Content in any database, file, compilation, or archive, (c) reproduce, adapt, distribute, perform or display any Content, in each instance except to the extent required for the limited purpose of viewing material on the Site, (d) alter or remove any trademark, copyright or any other notice contained in any Content, (e) archive or retain any Content in any form, (f) use Content for any commercial purposes, (g) use any of our trademarks as metatags on other web sites, (h) use the Site in any manner that is illegal or impairs the operation of the Site or its availability or usage by others, and/or (i) display any part of the Site in frames (or any Content via in-line links). You agree not to decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Site, and not to insert any code or product or manipulate the Content in any way that affects the user's experience. You further agree not to use any data mining, web crawlers, robots, cancelbots, spiders, Trojan horses, or any data or price gathering or extraction method in connection with your use of the Site except for customary search engines used in accordance with instructions directed to search engines and available on the Site.

If you violate any of these restrictions or these Conditions, your authorization to use the Site and Content automatically terminates and you must immediately destroy any copies you have made of the Content. Unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes.

BLUE Fertilizer reserves the right to pursue any and all legal and equitable remedies against anyone violating these Conditions, including but not limited to terminating access to the Site or any portion thereof. Any failure by BLUE Fertilizer to enforce any of its rights hereunder shall not be deemed a waiver of such right or any other right. These Conditions and your use of the Site shall be governed by and construed in accordance with the laws of the State of California, without resort to its conflict of law provisions.

Product Information and Attributes

BLUE Fertilizer has taken great care to display the attributes of our products on the Site as accurately as possible. However, please note that the actual colors and visual depictions you see may vary due to factors beyond our control, such as differences in monitor settings and internet connection speeds. Therefore, we cannot guarantee the accuracy of your monitor's display of any product attributes.

Registration

Certain areas of the Site may require registration. If you register or provide information to us in any manner, including without limitation Online Submissions (as defined below), you agree to provide only true, accurate, current, and complete information. If we issue a username and/or password to you, you agree to protect such information by, among other things, keeping your password and other information relating to your account confidential. If, notwithstanding the foregoing obligation, you allow another party to use your account, you will be responsible for all use of the Site by the party using your account.

Limitations of Responsibility

BLUE Fertilizer cannot be held liable for direct or indirect damage to the user's equipment resulting from the use of unsuitable or defective equipment, or due to the appearance of a bug or incompatibility when accessing the www.bluefertilizer.ag site.

BLUE Fertilizer cannot be held liable for any consequential damages, such as a loss of market or loss of opportunity, resulting from the use of the site www.bluefertilizer.ag.

No Warranties

BLUE Fertilizer provides the Site on an "AS IS," "AS AVAILABLE" basis. Any content downloaded or obtained through the use of the Site is done at your own discretion and risk. We and our suppliers hereby disclaim any and all warranties and representations, whether express or implied, oral or written, including, without limitation, any and all implied warranties of merchantability, reasonable care, compatibility, security, quality, timeliness, availability, completeness, reliability, accuracy, and/or fitness for a particular purpose (whether or not we and/or any of our suppliers know, have reason to know, have been advised, or are otherwise aware of any such purpose), in respect of the Site (including, without limitation, all content). Furthermore, we expressly disclaim any and all warranties of title and/or non-infringement in respect of the Site (including, without limitation, all content).

We and our suppliers do not represent or warrant that the information on this Site is accurate, complete, or current. We are not responsible for typographical or other errors, inaccuracies, or omissions. Price and availability information, product descriptions, and promotions are subject to change without notice, and we reserve the right to change or update such information at any time.

In addition, we make no representation that materials or content available through the Site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. Some jurisdictions do not allow implied warranties to be excluded or modified, so not all of the above limitations may apply to you.

Unsolicited Idea Submission Policy

BLUE Fertilzer does not accept unsolicited ideas, including but not limited to ideas for advertising campaigns, promotions, products, product improvements, processes, materials, marketing plans, or product names. We ask that you do not send us unsolicited ideas, as we cannot consider or accept them.

This policy is intended to avoid misunderstandings or disputes when BLUE Fertilizer products, services, or marketing strategies seem similar to unsolicited ideas that were submitted to the Site.

If you send us unsolicited ideas despite our request that you do not, then regardless of what your submission states, the following terms shall apply: (1) you agree that your ideas will automatically become the property of BLUE Fertilizer, without compensation to you, and you hereby assign and agree to assign to BLUE Fertilizer all rights in and to such, and (2) you agree that BLUE Fertilizer can use the ideas for any purpose and in any way —even give them to others.

BLUE Fertilizer welcomes your feedback regarding our existing business. If you want to send us your feedback, please use our Contact Us page. Please provide only specific feedback on our existing products or marketing strategies, and do not include any unsolicited ideas that our policy will not permit us to accept or consider.

Information on the processing of your data

The team of the BLUE Fertilizer website takes data protection seriously and complies with all legal obligations and recommendations by regulatory bodies. See our full privacy policy here: https://bluefertilizer.ag/privacy-policy/.

Purpose The personal data we collect, and process enables us to respond to your inquiries and requests through our contact form.

Legal Basis We process your data based on your consent, which is indicated by your affirmative action of completing the contact form.

Retention Periods We will retain your data for:

  • 3 years after our last contact with you, such as when you request documentation or click on a hyperlink in one of our emails, if you are not a customer; or
  • 3 years after the end of our business relationship, such as after a purchase, contract expiration, or our last contact with you, if you are a customer.

Upon expiration of the retention periods, we will delete your data. However, we may contact you before the deadline to seek your approval for a longer retention period. If you agree, the retention period stated above will apply.

Mandatory and Optional Fields

Fields marked with an asterisk on the contact form are required to fulfill your requests and for BLUE Fertilizer to achieve the purposes described above. If you leave these required fields empty, we may not be able to respond to your requests or provide the desired services.

Non-asterisked fields are optional and help us improve our communications and services to you.

Your rights

You have a right of access to information about you, the right to request the rectification, erasure or portability and the right to request the limitation of processing your data and withdraw your consent.

These rights may be exercised at any time by sending an email to blue@timacusa.com

Intellectual Property

All Content, as well as the selection and arrangement of the Content, is owned by (or licensed to) BLUE Fertilizer, its affiliates, or suppliers and is protected by copyright, trade dress, trademark, unfair competition, and/or other laws and may not be used, copied or imitated in whole or in part except as expressly provided in these Conditions. Except as otherwise expressly provided in these Conditions, all rights in and to the Content are expressly reserved by BLUE Fertilizer.

Copyright Infringement

BLUE Fertilizer does not permit copyright infringing activities on this Website. BLUE Fertilizer may remove any content of any kind that a user posts to this Website (“User Communications”), e.g., if properly informed that the User Communications infringes another’s copyright rights. BLUE Fertilizer may terminate the ability to submit User Communications if, under appropriate circumstances, a person submitting User Communications to this Website is determined to be a repeat infringer. If you are a copyright owner or an agent for such owner and believe that any User Communications on this Website by third parties infringes upon your copyrights, you may notify BLUE Fertilizer by providing the following information in writing:

(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;

(2) Identification of the location where the original or an authorized copy of the copyrighted work exists;

(3) Identification of the User Communication(s) or material that is claimed to be infringing and a description of the infringing activity and information reasonably sufficient to permit BLUE Fertilizer to locate the same;

(4) Information reasonably sufficient to permit BLUE Fertilizer to contact you, such as an address, telephone number, and, if available, an email address;

(5) A statement that you have a good faith belief that use of the User Communication(s) or material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(6) A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed. Our agent for notice of claims of copyright infringement can be reached at the following address: blue@timacusa.com

If you fail to comply with all of the requirements above, your notice may not be valid.

This agreement, including any other terms and conditions that may be posted on the BLUE Fertilizer website from time to time, constitutes the entire agreement between you and BLUE Fertilizer regarding your use of the website. Any prior agreements, written or oral, with respect to the use and access of the website are superseded by these terms and conditions. If any part of this agreement is found to be invalid or unenforceable, the remaining parts shall remain in full force and effect.

Any notices and communication sent to you relating to the website or these terms and conditions will be sent to your last known email address, which you agree to update as necessary. You agree that any cause of action that you may have arising out of or related to this agreement or the website must be brought within one year after the cause of action arises, or it shall be permanently barred.

You may not use the website or export its content in violation of US export laws and regulations. If you access the website from outside the United States, you are responsible for complying with all local laws.

BLUE Fertilizer may provide notice to you by sending an email to your last known email address. By providing your email address, you are agreeing to receive email communications from BLUE Fertilizer in compliance with the United States CAN-SPAM Act.

The failure of BLUE Fertilizer to enforce any provision of this agreement shall not be construed as a waiver of any provision or right. The use of the website is unauthorized in any jurisdiction that does not give effect to all provisions of this agreement. Any printed version of this agreement and any notices provided to you electronically shall be admissible in judicial or administrative proceedings to the same extent as other business documents and records.