General Terms of Use
In these
Legal Terms unless the context otherwise requires:
1.2 “Alivio Voucher Credits” refer to digital credits issued to Growers
as part of their active Alivio subscription, which may be used to claim
discounts on purchase of eligible Bayer products at authorized Alivio Channel
Partner stores. These are non-transferable, non-exchangeable for cash, and are
governed by the terms and conditions applicable to their issuance and use.
1.3 “Grower” or “Growers” refers to any individual engaged in the
cultivation of crops, whether as an owner of the land or as a lessee, tenant
for the purpose of agricultural production. This includes, but is not limited
to, individuals or entities that either own the land they cultivate or operate
on leased, rented, or contractually assigned agricultural land.
1.4 “Channel Partner(s)”
refers to Agri-input retailers authorized by the Company to facilitate the sale
of Alivio’s digital product offerings.
1.5 “Insurance Partners” refers to insurance companies and brokers
that provide parametric insurance products for Alivio and have been granted
authorization to access and operate on Alivio’s platform.
1.6 “Users” collectively refers to
“Growers”, “Channel Partners”, “Insurance Partners” and other authorised
employees/ contractors of the Company who will have access to Alivio platform.
1.7 "Subscription/ Services" refers to the packages or plans available from
which Growers can choose anyone based on factors such as crop type, acreage,
location and included features. Each subscription grants the Grower access to the
specified services, benefits, and coverage subject to the applicable terms,
duration, and payment obligations.
1.8 “Plot-Based Data” refers to any data pertaining to weather
or any other data that is helpful in making agronomical decisions directly or
indirectly and is either observed or estimated data based on Grower’s Plot
specific location. Such data would include satellite observations, weather
forecast, vegetation related and other geospatial attributes relevant to the
designated area.
4.1 The Grower understands and acknowledges that any eligible and
approved payouts will be credited in the form of Alivio Assurance Credits
and/or another modality as updated by Alivio from time to time.
4.2 The Grower and Channel Partner agree and acknowledges the
following about the Alivio Assurance Credits and Alivio Voucher Credits
4.2.1 They are non-transferable, non-cashable
digital coupons.
4.2.2 Each credit represents ₹1 in value.
4.2.3 They are redeemable only at the authorized
Alivio Channel Partners’ physical stores.
4.2.4 The Alivio Assurance and Voucher Credits
remain valid until 1 year from the date of issue.
4.2.5 Alivio Assurance and Voucher Credits may be
subject to usage restrictions or expiration, and the company reserves the right
to modify the duration of validity, suspend, or terminate them at any time.
The information provided
when using the Services is not intended for distribution to or use by any
person or entity in any jurisdiction or country where such distribution or use
would be contrary to law or regulation or which would subject us to any registration
requirement within such jurisdiction or country. Accordingly, those persons who
choose to access the Services from other locations do so on their own
initiative and are solely responsible for compliance with local laws, if and to
the extent local laws are applicable.
We are the owner or the
licensee of all intellectual property rights in Alivio, our Services, including
all source code, databases, functionality, software, website designs, audio,
video, text, photographs, and graphics in the Services
(collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein
(the "Marks"). Our Content and Marks are protected by copyright and trademark laws (and various other
intellectual property rights and unfair competition laws) and treaties around the world. The Content
and Marks are provided in or through
the Services "AS
IS" for your personal, non-commercial use or internal business
purpose only.
By using the Services, you represent and warrant that:
7.1.1 all registration information you submit
will be true, accurate, current, and complete;
7.1.2 you will maintain the accuracy of such
information and promptly update such registration information as necessary;
7.1.3 you have the legal capacity
and you agree to comply with these Legal Terms;
7.1.4 you are not a minor in the jurisdiction in
which you reside;
7.1.5 you will not access the Services through
automated or non-human means, whether through a bot, script or otherwise;
7.1.6 you will not use the Services for any
illegal or unauthorized purpose; and
7.1.7 your use of the Services will not violate
any applicable law or regulation.
7.1.8 If you provide any information that is
untrue, inaccurate, not current, or incomplete, we have the right to suspend or
terminate your account and refuse any and all current
or future use of the Services (or any portion thereof).
You are required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and
password. We reserve the right to remove, reclaim, or change a username you
select if we determine, in our sole discretion, that such username is
inappropriate, obscene, or otherwise objectionable.
You may not access or use
the Services for any purpose other than that for which we make the Services
available. The Services may not be used in connection with any commercial
endeavors except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
9.1 Systematically retrieve data or
other content from the Services to create or compile, directly or indirectly, a
collection, compilation, database, or directory without written permission from
us.
9.2 Trick, defraud, or mislead us and other
users, especially in any attempt to learn sensitive account information such as
user passwords.
9.3 Circumvent, disable, or otherwise interfere
with security-related features of the Services, including features that prevent
or restrict the use or copying of any Content or enforce limitations on the use
of the Services and/or the Content contained therein.
9.4 Make improper use of our support services or
submit false reports of abuse or misconduct.
9.5 Use the Services in a manner inconsistent
with any applicable laws or regulations.
9.6 Engage in unauthorized framing of or linking
to the Services.
9.7 Engage in any automated use of the system,
such as using scripts to send comments or messages, or using any data mining,
robots, or similar data gathering and extraction tools.
9.8 Attempt to impersonate another user or person
or use the username of another user.
9.9 Interfere with, disrupt, or create an undue
burden on the Services or the networks or services connected to the Services.
9.10 Harass, annoy, intimidate, or threaten any of
our employees or agents engaged in providing any portion of the Services to
you.
9.11 Attempt to bypass any measures of the
Services designed to prevent or restrict access to the Services, or any portion
of the Services.
9.12 Except as may be the result of standard
search engine or Internet browser usage, use, launch, develop, or distribute
any automated system, including without limitation, any spider, robot, cheat
utility, scraper, or offline reader that accesses the Services, or use or
launch any unauthorized script or other software.
9.13 Use a buying agent or purchasing agent to
make purchases on the Services.
9.14 Make any unauthorized use of the Services,
including collecting usernames and/or email addresses of users by electronic or
other means for the purpose of sending unsolicited email, or creating user
accounts by automated means or under false pretenses.
9.15 Use the Services as part of any effort to
compete with us or otherwise use the Services and/or the Content for any
revenue-generating endeavor or commercial enterprise.
You agree that we may
access, store, process, and use any information and personal data that you
provide following the terms of the Privacy Policy and your choices (including
settings)By submitting suggestions or other feedback regarding the Services, you
agree that we can use and share such feedback for any purpose without
compensation to you.
You are solely responsible
your Contributions to the Services and you expressly agree to exonerate us from
any and all responsibility and to refrain from any
legal action against us regarding your Contributions.
Use License
If you access the Services
via the mobile application(“App”), then we grant you a revocable,
non-exclusive, non- transferable, limited right to install and use the App on
wireless electronic devices owned or controlled by you, and to access and use
the App on such devices strictly in accordance with the terms and conditions of this mobile application license
contained in these Legal Terms. You shall not:
11.1 except as
permitted by applicable law, decompile, reverse engineer, disassemble,
attempt to derive the source code of, or decrypt the App;
11.2 make any
modification, adaptation, improvement, enhancement, translation, or derivative
work from the App;
11.3 violate
any applicable laws, rules, or regulations in connection with your
access or use of the App;
11.4 remove,
alter, or obscure
any proprietary notice
(including any notice
of copyright or trade-
mark) posted by us or the licensors of the App;
11.5 use the App for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or
intended;
11.6 make the App available over a network or
other environment permitting access or use by multiple devices or users at the
same time;
11.7 use the App for
creating a product,
service, or software
that is, directly
or indirectly, competitive with or in any way a
substitute for the App;
11.8 use the App to
send automated queries
to any website or to send
any unsolicited commercial email; or
11.9 use any proprietary information or any of
our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.
We reserve the right,
but not the obligation, to:
12.1 monitor the Services for violations of
these Legal Terms;
12.2 take appropriate legal action against
anyone who, in our sole discretion, violates the law or these Legal Terms,
including without limitation, reporting such user to law enforcement
authorities;
12.3 in our sole discretion and without
limitation, refuse, restrict access to, limit the availability of, or disable
(to the extent technologically feasible) any of your Contributions or any
portion thereof;
12.4 in our sole discretion and without
limitation, notice, or liability, to remove from the Ser- vices or otherwise
disable all files and content that are excessive in size or are in any way
burdensome to our systems; and
12.5 otherwise manage the Services in a manner
designed to protect our rights and property and to facilitate the proper
functioning of the Services.
We care about data privacy and security. Please
review our Privacy
Statement. By using
the Services, you agree to be bound by our Privacy
Statement, which is incorporated into these Legal Terms.
These Legal Terms shall remain in full force and effect while you use the Services.
Without limiting any other
provision of these legal terms, we reserve the right to, in our sole discretion and without notice
or liability, deny access to and use of the services (including blocking certain IP addresses), to any person for any reason or
for no reason, including without limitation for breach of any representation,
warranty, or covenant contained in these legal terms or of any applicable law
or regulation. we may terminate your use or participation in the services or
delete your account and any
content or information that you posted
at any time, without warning,
in our sole discretion.
If we terminate or suspend
your account for any reason, you are prohibited from registering and creating a new account
under your name, a fake or borrowed
name, or the name of any third
party, even if you may be acting on behalf of the third party.
In addition to terminating
or suspending your account, we reserve the right to take appropriate legal
action, including without limitation pursuing civil, criminal, and injunctive
redress.
We reserve the right to
change, modify, or remove the contents of the Services at any time or for any
reason at our sole discretion without notice. However, we have no obligation to
update any information on our Services. We will
not be liable to you or any
third party for any modification, price change,
suspension, or discontinuance of the Services.
We cannot guarantee the
Services will be available at all times. We may
experience hardware, software, or other problems or need to perform maintenance
related to the Services, resulting in interruptions, delays, or errors. We
reserve the right to change, revise, update, suspend, discontinue, or otherwise modify
the Services at any time or for any reason
without notice to you.
You agree that we have no liability whatsoever for any loss,
damage, or inconvenience caused by your inability
to access or use the Services during
any downtime or discontinuance of the Services. Nothing in these Legal
Terms will be construed to obligate us to maintain
and support the Services
or to supply any corrections, updates, or releases in connection therewith.
These Legal Terms shall be governed
by and defined following the laws of India.
Bayer and yourself irrevocably consent that the courts of India shall
have exclusive jurisdiction to resolve any dispute which may arise in
connection with these Legal Terms.
There may be information
on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve
the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time,
without prior notice.
The services are provided
on an as-is and as-available basis. You agree
that your use of the services
will be at your sole risk. To the fullest
extent permitted by law, we disclaim all warranties, express or implied, in connection with the services
and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy
or completeness of the services'
content or the content
of any websites or mobile applications linked to the services and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage,
of any nature whatsoever, resulting from your access to and use of the
services, (3) any unauthorized access to or use of our secure servers and/or
any and all personal information and/or
financial information stored
therein, (4) any interruption or cessation
of transmission to or from the services,
(5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the
services by any third party, and/or (6) any errors or omissions in any content
and materials or for any loss or damage of any kind incurred as a result of the
use of any content posted,
transmitted, or otherwise made available via the
services. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the services, any hyperlinked website,
or any website or mobile application featured in any banner or other
advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between
you and any third-party providers of products or
services. As with the purchase of a product or service through any medium or in
any environment, you should use your best judgment and exercise caution where
appropriate.
In no event will we or our
affiliates or the respective directors, employees, or agents be liable to you
or any third party for any direct,
indirect, consequential, exemplary, incidental, special, or punitive
damages, including lost
profit, lost revenue, loss of
data, or other
damages arising from your use of the services, even if we have been advised of the
possibility of such damages.
We will maintain certain
data that you transmit to the Services for the purpose of managing the
performance of the Services, as well as data relating to your use of the
Services. Although we perform regular routine backups of data, you are solely
responsible for all data that you transmit or
that relates to any activity
you have undertaken using the Services. You agree that we shall
have no liability to you for any loss or corruption of any such data,
and you hereby waive any right of action against us arising from any such loss
or corruption of such data.
Visiting the Services,
sending us emails,
and completing online forms constitute electronic communications. You consent
to receive electronic communications, and you agree that all
agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any
legal requirement that such communication be in writing. You hereby agree to
the use of electronic signatures, contracts, orders, and other records, and to
electronic delivery of notices, policies,
and records of transactions initiated
or completed by us or via the services.
You hereby waive any rights or requirements under
any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which
require an original signature or delivery or retention of non- electronic
records, or to payments or the granting of credits by any means other than
electronic means.
22.1 The Channel Partner and Company shall not
be liable for any failure to perform any of their respective obligations if the
performance is prevented, hindered or delayed by a Force Majeure event (defined
below) and in such case its obligations shall be suspended for so long as the
Force Majeure Event continues.
22.2 “Force Majeure Event” means any event due
to any cause beyond the reasonable control of the Party, including, without
limitation, unavailability of any communication system, sabotage, fire, flood,
explosion, acts of God, civil commotion, strikes or industrial action of any
kind, riots, insurrection, war or acts of government.
1.
Grower
Responsibilities & Informed Consent
1.1 Grower acknowledges and agrees that each
Subscription has distinct features, coverage conditions, limitations, and
pricing, and that benefits under one Subscription may not extend to others.
Grower understands that insights derived from satellite and remote-sensing
technologies may be subject to technical or environmental limitations and may
not always reflect exact ground conditions.
1.2 Grower confirms that your participation in
Alivio is voluntary and based on a clear understanding of the digital product,
with access to clarifications or translations where required. Growers agree
that Bayer and its Insurance Partners may conduct field visits to verify their
identity, plot details, and information submitted, and acknowledge that
inaccurate or false information may result in loss of eligibility for benefits.
1.3 Grower acknowledges that eligibility for Alivio
Assurance Credits is based on predefined criteria, including weather triggers,
crop stages, and the accuracy of sowing or transplanting dates entered in the
application.
1.4 Growers understand that Alivio Assurance
Credits may be redeemed only as cash-equivalent discounts for eligible
Agri-inputs at authorized Channel Partner stores. These credits have no
monetary value outside the platform, are non-transferable, and are subject to
the terms governing their issuance and use.
1.5 Growers acknowledge that Alivio Voucher
Credits may be used solely as a cash equivalent discount or in lieu of cash for
eligible Bayer products at authorized Channel Partner stores. These credits
have a defined cumulative value per Subscription, hold no independent monetary
value, and cannot be transferred or exchanged for cash. Grower provides his
/her / their consent to Bayer to share relevant plot-level data with the
insurance provider to enable this offering for Grower.
1.6 Grower acknowledges that he/she has
understood the Alivio Assurance offering for his/her crop of interest as per
Annexure -III: Assurance Product Offering and had sufficient opportunity to
inquire about the same from Channel Partner or Bayer before making the purchase
of the same.
1.7 Grower agrees to contact the customer
support services made available within the Alivio application for any concerns
related to the use of the App, the digital products, or any associated
services. The Company will make reasonable efforts to review and address such
concerns in accordance with its internal service request processes. However,
the Grower acknowledges that the Company is not legally obligated or required
to guarantee the resolution of any such issue.
2.
Authorization
for Insurance Payout Adjustment
2.1 By agreeing to these Terms of Use, the
Grower authorizes Bayer, the Master Policyholder of Insurance policy, to
utilize any insurance claim towards Alivio Credits and/or facilitation of
services or products availed through the Bayer’s platform.
2.2 This authorization is granted with full
consent and understanding of the insurance terms and the nature of benefits
selected by the Grower.
3.
Self-Declaration
of Insurable Interest
3.1 Each Grower hereby declares that he /she/ they
have an insurable interest in the agricultural plot/crop for which he /she/ they
have subscribed to the Alivio offering and its associated assurance services. Each
Grower also confirms that he /she/ they are either the owner, cultivator, or
lessee of their land and are directly exposed to financial loss pertaining to
agricultural activity arising from adverse weather or other insured events. Each
Grower further affirms that the information provided by him / her/ them is true
and accurate to the best of his/ her/their knowledge and that he/she/ they are
voluntarily opting into the Alivio Assurance Credits which is backed by an
insurance policy facilitated through the platform.
1. Channel Partner Responsibilities &
informed consent
1.1 Each
Channel Partner is responsible for accurately completing the Grower’s
registration process within the Alivio application upon receiving the
applicable Subscription fee. They must ensure that all Grower details,
including identity, contact information, plot data, and subscription plan
selection, are entered correctly and completely.
1.2 In the event that the Channel Partner registers a grower on
Alivio without collecting the applicable subscription fee, any arrangement for
collection, deferred payment, or extension of formal or informal credit shall
be solely at the discretion and responsibility of the Channel Partner. Bayer shall
bear no liability whatsoever for such arrangements, actions, or any associated
financial exposure or loss. All risks arising therefrom shall rest entirely
with the Channel Partner.
1.3 Channel
Partners agree to provide Growers with clear, accurate, and transparent
information regarding Alivio’s Subscriptions, including their features,
benefits, limitations and
pricing. They further agree not to make any unauthorized
promises, representations, or guarantees beyond those officially communicated
by Bayer.
1.4 Channel
Partners agreed to accept Alivio Assurance Credits and Alivio Voucher Credits as
a valid and binding mode of discounts for eligible Agri-input purchases by the
Grower. These credits must be honored as discounts within the permitted
redemption framework.
1.5 Channel
Partners acknowledge that they must me successfully onboarded with Bayer as a
mandatory pre-condition for settlement of any redeemed Alivio credits. Channel
Partners must provide all required and valid documents to complete onboarding
and understand that failure to submit such documents may result in an inability
to settle funds with Bayer.
1.6 Channel
Partners may request redemption of Alivio Voucher Credits and Alivio Assurance
Credits through designated processes, subject to Bayer’s verification of
redemption details. While Bayer intends to process settlements in a timely
manner, all payment timelines are indicative only and not legally binding;
Bayer reserves the right to delay settlements at its discretion without
incurring any liability for such delay.
1.7 Any
sales promotion schemes, incentive programs, or reward initiatives offered
directly/indirectly to Channel Partners shall be solely defined, modified, or
withdrawn by the Company at its discretion. Channel Partners acknowledge that
all terms, conditions, and eligibility criteria for such schemes will be
exclusively determined by the Company. In the event of any dispute, ambiguity,
or difference of opinion regarding these schemes, the Company’s decision shall
be final and binding on all Channel Partners.
1.8 Channel
Partner acknowledges and agrees to participate in all mandatory training
programs, onboarding sessions, or capability-building activities provided or
specified by the Company. Participation in such training is required to ensure
accurate communication of product features, compliance with operational
processes, and responsible use of the Services.
1.9 Each
Channel Partner confirms that they have read, understood, and voluntarily
consent to these responsibilities and all operating procedures communicated by Bayer.
Each Channel Partner agrees to act in good faith, comply with applicable laws,
and uphold Bayer’s standards of transparency, data integrity, and ethical
business conduct.
1.10 The
Channel Partner agrees to use the customer support services provided within the
Alivio application, or any other support channel designated by the Company, for
any queries, operational issues, or concerns related to the App, the digital
products, or their responsibilities. Any escalation beyond routine support
shall first be raised by the Channel Partner with the authorised distributor of
Bayer(as communicated by Bayer), who will thereafter
communicate such escalation to the Company as appropriate. The Company will
make reasonable efforts to review and address such escalations in accordance
with its internal service request processes; however, the Channel Partner acknowledges
and agrees that the Company is not legally obligated, bound, or required to
guarantee the resolution of any such issues.
1.11 The
Channel Partner acknowledges that Alivio Assurance offerings are subject to
specific agricultural timelines, including permissible sowing, transplanting,
and pruning dates. The Channel Partner shall ensure that such offerings are
sold to growers only before the applicable permissible dates and shall clearly
communicate these validity periods, along with the data-entry requirements the
grower must complete to activate the offering. The Company shall not be liable
for any loss, claim, ineligibility, or denial of benefits resulting from the
Channel Partner’s delay, omission, miscommunication, or sale of offerings
beyond the permitted timelines.
2.
Distributor
Mapping, Responsibility, and Liability Safeguards
2.1 The
Channel Partner understands and agrees that the allocation and mapping of
Alivio Offerings related SKUs to their digital account on Alivio shall be done
by the Company based on the information shared by the Distributor from whom the
Channel Partner has purchased such offerings.
2.2 Strictly in accordance with the commercial
terms mutually agreed between Distributor and Channel Partner. The Company
shall bear no responsibility or liability whatsoever for any dispute,
misunderstanding, delay, non-performance, deficiency, or misconduct (whether
willful or otherwise) on the part of the Distributor, including but not limited
to the quantity, timing, or accuracy of SKU mapping. All such matters shall be
addressed exclusively between the Channel Partner and the Distributor.
2.3 Once
SKUs are mapped by the Distributor to the Channel Partner’s account, such
mapping shall be deemed final, irrevocable, and non-refundable. The Company
shall not process or be required to process any cancellation, reversal, refund,
or reallocation of mapped SKUs, irrespective of any commercial or operational
disagreement between the Channel Partner and the Distributor.
2.4 All
commercial dealings including pricing, payment terms, invoicing, credit
arrangements, discounts, warranty, and fulfilment are strictly between the
Channel Partner and the Distributor. The Company is not a party to, nor
responsible for, any commercial transactions or disputes between them, nor does
it provide any assurance regarding such arrangements.
2.5 The
Company shall not, under any circumstances, be liable for any act, omission,
delay, negligence, misrepresentation, breach of terms, deficiency of service,
operational lapse, or willful misconduct of the Distributor. Any claims,
losses, grievances, or damages arising out of the Distributor’s conduct shall
be raised solely against the Distributor, without any recourse to the Company.
2.6 The
Company does not guarantee the timeline, speed, manner, or sequence in which
the Distributor maps SKUs to the Channel Partner. Any delay or operational
issue in mapping by the Distributor shall not constitute a default or liability
of the Company.
2.7 SKU
allocation to the Channel Partner’s account is executed exclusively based on
Distributor’s request to company.
2.8 The
Channel Partner agrees to indemnify and hold harmless the Company, its
affiliates and the respective officers and employees from and against any
claims, disputes, losses, damages, liabilities, penalties, or expenses arising
out of or in connection with (i) the conduct or transactions of the Channel
Partner, or (ii) any commercial or operational disagreement relating to SKU
purchase, payment, mapping, allocation, or fulfilment between the Channel
Partner and the Distributor.
2.9 Notwithstanding
anything contained herein, the Company may, at its sole discretion and on a
strictly case-to-case basis, permit a relaxation, modification, or exception to
the provisions relating to SKU mapping, refunds, reversals, or allocations.
Such relaxation shall be granted only in exceptional circumstances and only
where the Company determines that doing so shall not result in any financial
loss, operational burden, legal exposure, reputational risk, or any other form
of harm to the Company. The Channel Partner acknowledges that the Company has
no obligation to grant any such relaxation and that any exception granted shall
not constitute a precedent or entitlement for future cases.
3.
Data
collection & confidentiality
3.1 The
Channel Partner shall collect grower details solely for the purpose of sales of
the Digital Product and share them exclusively with the Company.
3.2 The
Channel Partner shall not use, sell, or distribute data for any other purpose.
3.3 The
Company along with the Channel Partner shall ensure compliance with applicable
data privacy laws in India and safeguard grower information.
3.4 Data
Privacy clauses as per Section 4 of this Annexure of General Terms of Use shall
be applicable on channel partner and company.
4.
Data
privacy
4.1 The
Channel Partner shall collect Customers’ data solely in relation to the Digital
Product and shall and share it exclusively with the Company. The Channel
Partner shall not use, sell, or distribute the Customers’ data for any other
purpose.
4.2 The
Channel Partner represents and warrants that it complies with and will continue
to comply with all applicable laws of India including but not limited to data
protection and privacy laws. The Channel Partner understands and acknowledges
that it shall only share personal data of the Customers etc. with the Company
only after it has received the requisite consent and authorizations for the
same.
4.3 The
Channel Partner explicitly and unambiguously consents to the collection, use
and transfer, in electronic or other form, of the personal data of its
employees, director/partner and officers for the exclusive purpose of
implementing, administering and managing the business transactions as envisaged
in this Agreement. The Channel Partner understands that refusal or withdrawal
of consent may affect the Distributor's ability to enter into the Agreement.
4.4 The
Channel Partner understands that the Company and its affiliates may hold
certain personal information of its employees, director and officers, for the
exclusive purpose of implementing, administering and managing the Digital
Product envisaged in the Agreement.
4.5 The
Channel Partner understands that Personal Data of its employees,
directors/partners or officers may be transferred to any Subsidiary or
affiliate, or third parties as may be selected by the Company to assist the
Company with the implementation, administration and management of the Digital
Product.
4.6 The
data protection obligations as given under this clause shall survive
termination/ expiration of these Legal Terms.
5.
Intellectual
property rights
5.1 The
Digital Product is owned by Company or its affiliates or agents,
and is protected by applicable laws and international treaty provisions.
All content, trademarks, services marks, trade names,
logos, and icons are proprietary to Company or its affiliates or agents.
Nothing contained in the Digital Product, or this Agreement should be construed
as granting, by implication, estoppel, or otherwise, any license or right to
use the Digital Product or any trademark displayed in the Digital Product
without the written permission of Company or such third party that may own the
trademarks displayed in the Digital Product.
5.2 The
Channel Partner shall not directly or indirectly during and after the Term of
this Agreement used in any manner the signature monogram trademark or name that
is now or may hereafter be owned by the Company or any of its group company or
affiliates except in a manner and to an extent that the Company may consent to
in writing if any trademark or name is used in any way with the express written
approval of the Company the Channel Partner on termination of this Agreement
will discontinue such use and shall not thereafter use any name title or
expression in connection with any business in which it may thereafter be
engaged which in the judgment of the Company so nearly resembles any trademark
or name owned by the Company or any of its Group company or affiliates as may
be likely to lead to confusion or uncertainty on part of the public.
6.
Indemnity
& limitation of liability
6.1 The
Channel Partner shall indemnify and keep indemnified the Company and its
affiliates at all times from and against all actions, suits, proceedings,
claims, demands, liabilities, penalties, losses costs and expenses of
whatsoever nature made or suffered or incurred by the Company and its
affiliates whether by reason of or by virtue of (i) any non-performance or
non-observance or non-compliance by the Channel Partner of any terms and
conditions of this Terms of Use or of any of the applicable laws of the land;
or (ii) any wilful misconduct or negligent acts or omissions on the part of the
Channel Partner or its employees / agents/ representatives/sub-contractors
6.2 Notwithstanding
anything stated under this Terms of Use, any amount chargeable in pursuance of
claims, damages and compensation under this Agreement shall attract GST and
other applicable taxes, if any which shall be charged additionally at the
prevailing rates
7.
Deboarding
& Legal Consequence
7.1 For
the purposes of these Terms of Use, “Deboarding” shall include any act by which
a Channel Partner ceases to access or use the Alivio application, including but
not limited to:
a)
deleting
or deactivating their Alivio user account;
b)
uninstalling
the Alivio application; or
c)
providing
written or verbal communication indicating an intention to discontinue
participation in the Alivio program.
7.2 If
a Channel Partner voluntarily deboards from Alivio, the Company shall bear no
liability whatsoever for any unsettled or unutilized Alivio Assurance Credits
by the Channel Partner
7.3 The
Company reserves the right to mandatorily deboard a Channel Partner, with or
without prior notice, if the Channel Partner is found to have violated these
Terms of Use, the Channel Partner Terms & Conditions, any Company policy,
or has engaged in fraudulent, unlawful, unethical, or otherwise prohibited
conduct.
7.4 Upon
deboarding (voluntary or mandatory), all access rights to the Alivio platform
and related services shall cease immediately. The Channel Partner shall not
claim any compensation, continuation of benefits, or indemnification from the
Company for any loss, business disruption, or pending obligations resulting
from deboarding.
8.
Assignment
The rights and benefits under these Legal
Terms shall not be assigned or be assignable by the Channel Partner without the
previous written consent of the Company.
9.
Suppression
of other agreement
In respect of Alivio or any matters covered
under these Legal Terms, there are no representations, terms, conditions or
obligations oral or written, express or implied, other than those contained
herein. These Legal Terms constitute the entire understanding, in respect of
the transactions contemplated herein, between the parties and supersedes all
previous agreements.
10.
Severability
The Legal Terms are subject to the
restrictions, limitations, terms and conditions of all applicable governmental
regulations, approvals and clearances. If any term or provision of these Legal Terms shall for any reason be held
invalid, illegal or unenforceable in any respect, such invalidity, illegality
or unenforceability shall not affect any other term or provision hereof, and these
Legal Terms shall be interpreted and construed as if such term or provision, to
the extent same shall have been held to be invalid, illegal or unenforceable,
had never been contained herein.
11.
Non-waiver
Waiver by either party of any breach of or
failure to comply with any provision of these Legal Terms shall not be
construed as or constitute a continuing waiver of, or waiver of any other
breach of or failure to comply with, any provision of these Legal Terms.
1.
This
section defines Alivio Assurance Product Design for different crops in
different geographies. In case of any difference between this note and the
formal insurance policy issued by the insurance company, the insurance policy
terms will always prevail.
2.
“Critical
windows/Risk Windows”
refer to key phases in the crop cycle when Assurance benefit conditions are
checked for potential Alivio Assurance Credits disbursement to the grower.
“Assurance benefit conditions” refers to pre-defined criteria that trigger
issuance of Alivio assurance credits upon satisfaction.
3.
“Assurance
benefit condition” is a
mathematical logic that checks whether the grower’s plot is eligible for Alivio
Assurance benefits and calculates the Alivio Assurance Credits that the grower
is eligible to receive as benefit (if applicable).
4.
The
Grower provides their consent to Bayer to share relevant plot-level data with
the insurance provider to enable this offering for Grower.
5.
The
Grower acknowledges the importance of timely and accurate sowing date entry,
which is restricted to defined as number of days prior to the current date (see
respective crop offerings below) in the digital application of Alivio. These
entries define critical periods used in the assurance evaluation.
6.
Observed
Parameter: For any risk
type, the “Observed Parameter” is the value of the relevant indicator (10-day
moving average of SWC, 5 or 7-day moving average of LST, and change in SWC) for
the specific plot on the days when satellite overpass happens. The same
parameter is used in the assurance benefit conditions.
a.
Soil
Water Content (SWC): This
is the amount of moisture present in the soil of your plot. It is estimated
using satellite data for a small 30 m × 30 m area at the centre of your field.
Alivio receives this satellite data from an external third-party provider.
Please note that this is an average of soil moisture content of all satellite
image pixels overlapping the small 30 m × 30 m area.
b.
Land
Surface Temperature (LST):
This means the temperature of the land surface of your plot. It is estimated
using satellite data for a small 30 m × 30 m area at the centre of
your field. Alivio receives this satellite data from an external third-party
satellite data provider. Please note that this is an average of soil moisture
content of all satellite image pixels overlapping the small 30 m × 30 m area.
7.
The
Grower understands that Alivio Assurance Credits are calculated using the
observed parameter derived from third-party satellite data, and that occasional
delays and gaps in satellite observations may occur. During such delays or data
gaps, Bayer may use alternate data sources to calculate the Alivio Assurance
Credits.
8.
Permissible
Dates of Planting/Sowing/Transplanting:
This is the date range in which the actual date of planting/sowing of crop on
the specific plot must fall. Sowing date that falls within this permitted
window as defined in your specific Alivio Assurance offering will be eligible
for potential benefits.
9.
Planting/Sowing/Transplanting
date entry window: The
days within which grower is allowed to enter his/her sowing date after actual
sowing.
10.
Trigger
Value:
a.
Trigger
values are the pre-defined threshold levels of the Observed Parameter for each
risk type/Cover, risk window, and/or phase.
b.
When
the Observed Parameter crosses these trigger levels in the adverse direction,
the plot may become eligible for an assurance benefit as per the applicable
assurance benefit conditions and assurance product offering.
11.
Entry
level and Exit Level values are used in estimating the eligibility and payout
amount for Alivio Assurance credits, wherein Entry level value is the minimum
threshold for plot based observed index/parameter to have on a given satellite
observation day for eligibility towards disbursement of Alivio Assurance
credits. While Exit level values define the upper limit of observed
index/parameter that will be considered in calculation of payout of Alivio
Assurance credits.
|
Alivio Assurance for Onion (Rabi 2025–26) |
|||||
|
Geography: Selected
districts of Maharashtra |
|||||
|
Critical Window |
Parameter (unit) |
Entry Level |
Exit level |
Rule for payout as Alivio assurance Credits |
Maximum Alivio assurance credits |
|
Risk A: Waterlogging |
|||||
|
45 - 90 DAT |
Soil Water Content (%) |
27% |
36% |
1500 credits for every percentage rise in observed index above entry
level |
13500 |
|
Risk B: Heat Wave |
|||||
|
45 - 90 DAT |
Land Surface Temperature (℃) |
55 ℃ |
64 ℃ |
a) 50 credits for every ℃ rise in Land Surface Temperature
until 60℃. b) 100 credits for every ℃ rise in Land Surface temperature
after 60℃ until 64℃ |
6500 |
|
Risk C: Rainfall |
|||||
|
91-110 DAT |
Change in Soil Water Content (%) |
3% |
8% |
1000 credits for every percentage rise in observed index above entry
level |
10000 |
|
Additional Notes: |
|||||
|
Permissible
Transplanting Window |
15th November 2025
to 25th January 2026 |
||||
|
Permissible transplant
date entry time window |
Within 20 days of
actual sowing date |
||||
|
Observed index |
Risk A: Percentage soil
water content observed at each satellite overpass. Risk B: 7-day moving
average of Land Surface Temperature (°C), calculated from all satellite
overpasses in the last 7 days including today. Risk C: Change in soil
water content (%), calculated as the difference between the latest
observation and the immediately previous satellite observation. |
||||
|
Soil Water Content
(%) and Land Surface Temperature (℃) |
It is an estimated
SWC (%) or LST (℃)of grower’s plot based on satellite reading and
grower’s plot area overlap with satellite pixel (100mx100m). |
||||
|
DAT |
Days After
Transplanting |
||||
|
The total
cumulative payout across all three risks will not exceed 30,000 Alivio
assurance credits per plot per season. |
|||||
|
Alivio Assurance
(Kharif 2026) |
||||
|
Geography: Selected
districts of Maharashtra, Karnataka, Madhya Pradesh, Andhra Pradesh,
Telangana, and Gujarat |
||||
|
Corn Germination |
||||
|
Observed Parameter |
Last 10 days Moving Average of observed soil water content of the
specific plot on the days when satellite overpass happens. |
|||
|
Permissible Dates of Sowing |
Not Applicable as this product uses a fixed critical risk window. |
|||
|
Assurance Benefit Condition |
Whenever Observed Parameter is less than Applicable Trigger value of
the respective phase of Cover A in the critical risk window. Whenever such
condition is satisfied, this is considered as an event. |
|||
|
Maximum Alivio Assurance Credits |
8000 |
|||
|
Critical Risk Window / Cover |
Applicable Trigger Value |
Assurance Benefit (in Alivio Assurance Credits) |
||
|
|
Minimum of 17.0% or lowest observed parameter value in Phase - 1. |
500 Alivio Assurance Credits for each unit deficit from the Applicable
Trigger value. Each event in capped at 2000 Alivio Credits. |
||
|
Cover A - Low Soil Moisture |
Phase 2: 15 June to 15 July |
Minimum of 17.0% or lowest observed parameter value in Phase - 2. |
500 Alivio Assurance Credits for each unit deficit from the Applicable
Trigger value. Each event is capped at 1000 Alivio Credits |
||
|
Additional Notes: This product uses a fixed static calendar window from 15th June 2026
to 15th July 2026 that is considered as critical risk window wherein the
grower’s plot is eligible for Alivio Assurance Benefits subject to the grower
mapping his plot before the start of the critical risk window. 1. The Assurance benefit evaluation always begins in Phase 1 for all
enrolled plots. 2. During Phase 1 (15 June to 15 July), payouts are triggered whenever
the Observed Parameter is below the applicable trigger value, as per Phase 1
rules. 3. Once at least one valid payout has been triggered in Phase 1, the
system continues to monitor the Observed Parameter on subsequent satellite
overpass days. 4. If, after at least one payout in Phase 1, the Observed Parameter
rises to or above the threshold value of 17.0%, the plot is considered to
have transitioned to Phase 2. 5. From the date of such transition onwards, Phase 2 rules and payout
structure will apply for all subsequent evaluations within the critical risk
window. 6. Once the plot transitions to Phase 2, it cannot revert back to
Phase 1. |
||||
|
|
||||
|
Corn Flowering |
||||
|
Observed Parameter |
Last 10 days Moving Average of observed soil water content of the
specific plot on the days when satellite overpass happens |
|||
|
Permissible Dates of Sowing |
10th June 2026 to 15th July 2026 |
|||
|
Sowing date entry window |
Within 35 days of actual sowing date subject to sowing date is within
permissible date of sowing. |
|||
|
Assurance Benefit Condition |
For Cover A: Low Soil Moisture For Cover B: Water logging |
|||
|
Maximum Alivio Assurance Credits |
10000 |
|||
|
Cover and Critical Risk Window |
Trigger Value |
Assurance Benefit (in Alivio Assurance Credits) |
||
|
Cover A: Low Soil Moisture
|
17.0% |
500 Alivio assurance credits credited for every 1.0% decrease below
trigger value. Maximum Alivio assurance credits per eligible event are capped
at 2000, with Cover A maximum payout capped at 5,000 Alivio assurance credits
per plot. |
||
|
Cover B: Waterlogging
|
40.0% |
500 Alivio assurance credits credited for every 1.0% increase above
Trigger value. Maximum Alivio assurance credits per eligible event are capped
at 2000, with Cover B maximum payout capped at 5,000 Alivio assurance credits
per plot. |
||
|
|
||||
|
Cotton |
||||
|
Observed Parameter |
Cover A: 10-day Moving Average of observed soil water content of the
specific plot on the days when satellite overpass happens Cover B: 5-day Moving Average of daytime land surface temperature of
the specific plot on the days when satellite overpass happens Cover C: 10-day Moving Average of observed soil water content of the
specific plot on the days when satellite overpass happens |
|||
|
Permissible Dates of Sowing |
10th June 2026 to 15th July 2026 |
|||
|
Sowing date entry window |
Within 45 days of actual sowing date subject to sowing date is within
permissible date of sowing. |
|||
|
Assurance Benefit Condition |
For Cover A: Low Soil Moisture For Cover B: Heat Stress For Cover C: Water logging |
|||
|
Maximum Alivio Assurance Credits |
15000 |
|||
|
Cover and Critical Risk Window |
Trigger Value |
Assurance Benefit (in Alivio Assurance Credits) |
||
|
Cover A: Low Soil Moisture |
17.0% |
500 Alivio assurance credits credited for every 1.0% decrease below
trigger value. Maximum Alivio assurance credits per eligible event are capped
at 2000, with Cover A maximum payout capped at 10,000 Alivio assurance
credits per plot. |
||
|
Cover B: Heat Stress |
45.0°C |
500 Alivio assurance credits credited for every 1.0°C increase above
Trigger value. Maximum Alivio assurance credits per eligible event are capped
at 2000, with Cover B maximum payout capped at 5,000 Alivio assurance credits
per plot. |
||
|
Cover C: Waterlogging |
40.0% |
500 Alivio assurance credits credited for every 1.0% increase above
trigger value. Maximum Alivio assurance credits per eligible event are capped
at 2000, with Cover C maximum payout capped at 10,000 Alivio assurance
credits per plot. |
||
|
|
||||
|
Soyabean |
||||
|
Observed Parameter |
Change in observed soil water content of the specific plot between the
current satellite overpass date and the most recent prior satellite overpass
date |
|||
|
Permissible Dates of Sowing |
10th June 2026 to 15th July 2026 |
|||
|
Sowing date entry window |
Within 60 days of actual sowing date subject to sowing date is within
permissible date of sowing |
|||
|
Assurance Benefit Condition |
Whenever the Observed Parameter is greater than the trigger value of
the Cover A in the critical risk window. Whenever such condition is
satisfied, this is considered as an event. |
|||
|
Maximum Alivio Assurance Credits |
15000 |
|||
|
Cover and Critical Risk Window |
Trigger Value |
Assurance Benefit (in Alivio Assurance Credits) |
||
|
Cover A: Heavy Rainfall around Harvest Period
|
6.0% |
500 Alivio assurance credits credited for each 1.0% increase above
trigger value. Maximum Alivio assurance credits per eligible event are capped
at 2000. |
||
|
|
||||
|
Rice |
||||
|
Observed Parameter |
Cover A: Last 5 days Moving Average of observed daytime land surface
temperature of the specific plot on the days when satellite overpass happens Cover B: Last 10 days Moving Average of observed soil water content of
the specific plot on the days when satellite overpass happens |
|||
|
Permissible Dates of Sowing |
10th June 2026 to 15th July 2026 |
|||
|
Sowing date entry window |
Within 45 days of actual sowing date subject to sowing date is within
permissible date of sowing |
|||
|
Assurance Benefit Condition |
For Cover A: Heat Stress For Cover B: Low Soil Moisture |
|||
|
Maximum Alivio Assurance Credits |
10000 |
|||
|
Cover and Critical Risk Window |
Trigger Value |
Assurance Benefit (in Alivio Assurance Credits) |
||
|
Cover A: Heat Stress
|
42.0°C |
500 Alivio assurance credits credited for each 1.0°C increase above
trigger value. Maximum Alivio assurance credits per eligible event are capped
at 2500, with Cover A maximum payout capped at 5,000 Alivio assurance credits
per plot. |
||
|
Cover B: Low Soil Moisture
|
20.0% |
500 Alivio assurance credits credited for each 1.0% decrease below
trigger value. Maximum Alivio assurance credits per eligible event are capped
at 2500, with Cover B maximum payout capped at 5,000 Alivio assurance credits
per plot. |
||
|
|
||||
|
Groundnut |
||||
|
Observed Parameter |
Last 10 days Moving Average of observed soil water content of the
specific plot on the days when satellite overpass happens. |
|||
|
Permissible Dates of Sowing |
10th June 2026 to 15th July 2026 |
|||
|
Sowing date entry window |
Within 35 days of actual sowing date subject to sowing date is within
permissible date of sowing. |
|||
|
Assurance Benefit Condition |
For Cover A: Dry Spell |
|||
|
Maximum Alivio Assurance Credits |
15000 |
|||
|
Cover and Critical Risk Window |
Trigger Value |
Assurance Benefit (in Alivio Assurance Credits) |
||
|
Cover A: Dry Spell |
18.0% |
1,500 Alivio Assurance Credits are awarded for each qualifying
dry-spell event. A maximum of 3 consecutive dry-spell events are eligible,
provided no wetting event occurs. Any wetting event resets the consecutive
dry-spell count to 0. |
||