KDX Connect Terms of Use

This application service (the “Application”) is offered by Sojitz Kaset Dee X Co., Ltd. (the “Company”) and provides (1) agricultural advice/support service (including satellite analysis), (2) finance service promotion, (3) the services related to the foregoing and, (4) other services relevant to agricultural business and community development, to be provided by the Company (the “Services”) and enables users to provide their information in connection with or in order to receive the Services under the following terms and conditions (the “Terms of Use”).

This Term of Use is a legal agreement between you and the Company for the use of Services through the Application and is subject to any rules or policies applied by any app store provider (collectively “Platform”). The Company is solely responsible for the Application and its content.

Before using the Application, please carefully read the Terms of Use. Please refrain from using the Application if you cannot agree to the Terms of Use. We assume that by using the Application, you have agreed to the Terms of Use.

i. Amendment to the Terms of Use

As the details of the Terms of Use are subject to change without notice to users as necessary, please confirm the details whenever you log on.

ii. Purpose of Use

The Application is offered by the Company for it to provide certain service and information which are necessary or useful for users in connection with the Services and for users to provide their information in connection with or in order to receive the Service.

iii. License and Intellectual Property

The Company grants users a limited, non-transferable, non-exclusive license to use the Application and/or the Services on users’ devices that they own or control.

All the information, images and designs, etc., on the Application are protected by copyright, trademark, or other intellectual property rights, and the Company or the third-party licensing them to the Company hold such rights. Users shall comply with any and all laws and regulations with regard to copyrights, trademarks or other intellectual property rights when using the Application. The reproduction, reuse, sale, or any other manner of use of any information, images or designs, etc., provided by the Company on the Application is strictly prohibited without the authorization of the copyright owners.

The copyrights in and to a posting or an input by a user on the Application belong to the user who made such posting or input, but the user shall, by making such posting or input, be deemed to have granted to the Company a worldwide, royalty-free and non-exclusive right to use (including processing, making extracts of, reproducing, publishing and translating, etc.) such posted or input content, and to have agreed not to exercise any copyrights or an author’s moral rights, etc. against the Company.

In the event of an intellectual property claim that the Application or users’ possession and use of the Application infringes on a third party’s intellectual property right, the Company reserves the right to investigate, defend, settle, and discharge of any such intellectual property infringement claim.

iv. Links

The Company does not manage third-party applications and/or websites linked on the Application or third-party applications and/or websites which feature links to the Application. The Company does not make any guarantee with respect to the content of such third-party applications and/or websites. Users shall comply with all applicable third-party terms of use and/or agreements when using the Application.

v. Protection of Personal Data

The Company will process users’ personal data in accordance with the Privacy Policy separately prepared and notified to users by the Company (the “Privacy Policy”).

vi. Acknowledgement

(1) Users acknowledge that the Platform has no obligation whatsoever to furnish and maintenance and support services with respect to the Application.

(2) Users acknowledge that the Platform will not be liable for any damages of any kind arising from the use of the Application, including, but not limited to: (a) product liability claims; (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.

(3) To the extent permitted by applicable law, the Platform shall have no warranty obligation whatsoever with respect to the Application, and any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the Company’s sole responsibility.

vii. Disclaimers

(1) The Company does not warrant the compliance, integrity, accuracy, security, legality, up-to-dateness, or any other aspect of information provided by the Company on the Application and does not assume any responsibility or liability for any damage suffered by a user as a result of such information.

(2) The Company may change or terminate the content of the Application, or suspend or discontinue the Application, in whole or in part, without notice to users.

(3) Users bear sole responsibility for their use of the Application and are responsible for resolving any loss or trouble that results from the use of or inability to access the Application (including, due to unauthorized access by a third party through the user’s personal account).

viii. Cookies

The Application uses cookies in order to facilitate the effective viewing of the Application by users who access the Application repeatedly and in accordance with the Privacy Policy. Users can disable or refuse cookies through their web browser. However, some parts of the Application may become inaccessible or not function properly and users may not be able to receive the Services that they requested.

ix. Damages

The Company reserves its right to claim against a user for damages suffered by the Company arising out of or in connection of a breach by the user of the Terms of Use or the user’s use of the Application.

x. SSL

The Application adopts Secure Socket Layer (SSL) encryption technology. With SSL, the information is transmitted to the registered computer through the network after being encrypted on the personal computers of users.

xi. Compliance

A User represents and warrants that (a) it is not located in a region that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” region; and (b) it is not listed on any U.S. Government list of prohibited or restricted parties.

xii. Governing Law/Jurisdiction

The Terms of Use are governed by the laws of Thailand. The courts of Thailand have jurisdiction to settle any dispute in connection with the use of the Application and accordingly the Company or a user shall submit said dispute to the non-exclusive jurisdiction of the Thai courts.

xiii. Third-Party Beneficiary

Users acknowledge and agree that the Platform, and its subsidiaries, are third-party beneficiaries of this Term of Use, and that, upon acceptance of this Term of Use, to the extent permitted by applicable law, the Platform will have the right (and will be deemed to have accepted the right) to enforce the Term of Use against you as a third-party beneficiary thereof.

xiv. Contact information Any communication, including but not limited to questions, complaints, or claims, regarding the Application or this Term of Use should be directed to Sojitz Kaset Dee X Co., Ltd. located at No. 1 Q. House Lumpini Building, 19th Floor, South Sathon Road, Thung Maha Mek Sub-district, Sathon District, Bangkok, telephone no. +66(0)2227-9200, email address kdx-pdpa@sojitz-kdx.com.