Tellus Mater GmbH (“Tellus Mater”) provides the www.telusem.com web site (the “Site”) to supply
general information about Tellus Mater and its products and services. You may use this site
subject to your compliance with these terms and conditions.
Your acceptance of these terms and conditions
Please take a few minutes to carefully review these terms and conditions. By accessing and using
this Site you agree to follow and be bound by these terms and conditions. If you do not agree to
follow and be bound by these terms and conditions, you may not access, use or download materials
from this Site.
These terms and conditions may change
Tellus Mater reserves the right to update or modify these terms and conditions at any time without
prior notice. Tellus Mater will do so by posting an updated or modified version of these terms and
conditions on this Site. Your use of this Site following any such change constitutes your agreement
to follow and be bound by the revised terms and conditions. For this reason, we encourage you to
review these terms and conditions every time you use this Site.
Tellus Mater is committed to respecting the personal privacy of the individuals who use this Site.
The privacy statement posted on this site describes Tellus Mater’s current policies and practices
with regard to the personal information collected by Tellus Mater through this Site.
The privacy statement is part of these terms and conditions. When you agree to be bound by these
terms and conditions, you are consenting to the collection, use and disclosure of your personal
information in accordance with the privacy statement on this Site. Please take a few minutes to
Usernames, passwords and security
Any username and password for this Site provided to you, or chosen by you, are for the use of you
personally, and may not be used by anyone else (including other employees or agents of your
company). You and your company are entirely responsible for maintaining the confidentiality of your
username and password. Furthermore, you and your company are entirely responsible for all activities
that occur on this site using your username and password, whether or not the activities or the use
of your password was authorized by you or your company. You or your company must notify Tellus Mater
immediately of any known or suspected unauthorized use of your username and password or any other
breach of security.
Updating user information
You or your company must notify Tellus Mater promptly if any of the information that you provided as
part of any registration process (the "user information") changes, or if you or your company becomes
aware that any of the user information is inaccurate or incomplete.
Notwithstanding your or your company's obligation to provide Tellus Mater with updated user
information, Tellus Mater has the right to rely on the user information that you or your company
previously provided until such time as you or your company has provided Tellus Mater with updated
user information. You and your company further agree that Tellus Mater may provide notices related
to these terms and conditions or to this Site by e-mail using the latest e-mail address you or your
company has supplied to Tellus Mater.
If you cease to be an employee or authorized agent of your company, or cease to be authorized by
your company to use this Site, then your company must promptly notify Tellus Mater, and you are no
longer authorized to use this Site.
As between you and your company and Tellus Mater, Tellus Mater shall have sole and exclusive
ownership of all right, title, and interest in and to this Site, including, without limitation, the
design, features, functionality, navigation, content, and "look and feel" of this Site, and all data
collected through this Site, including, without limitation, all intellectual property rights
associated therewith, such as all copyrights, patents, trademarks, trade secrets, and know-how.
Right to change Site
Tellus Mater reserves the right to alter the content and functionality of this Site in any way, or
to limit access to this Site, or to shut down this Site temporarily or permanently, at any time, for
any reason, without prior notice, and will not be liable in any way to you or your company for
possible consequences of such changes or shut down.
Copyright notice and limited license
Everything you see and hear on this Site (the “Content”), including, for example, all of the text,
photographs, illustrations, graphics, audio clips, video clips, and audio-video clips, is
You are granted a non-exclusive license to the Content subject, however, to the following
You may download, store, print, copy and share Content from this Site, provided you:
Only use the Content for noncommercial use or to further your business dealings with
- Only publish or post any part of the Content on any other internet site or in any other
a similar context to that in which it is presented on this Site;
- Attribute the Content to Tellus Mater;
- Do not modify or alter the Content in any way or delete or modify any copyright or
notices or notices of confidentiality.
Except as expressly stated above, you may not copy, download, print, publish, display, perform,
distribute, transmit, transfer, translate, modify, add to, update, compile, abridge or in any other
way transform or adapt all or any part of the Content of this Site without first obtaining written
permission from Tellus Mater.
Except as expressly stated above, you may not copy, download, print, publish, display, perform,
distribute, transmit, transfer, translate, modify, add to, update, compile, abridge, frame, inline,
link or deep-link with regard to any other publicly available site or in any other way transform or
adapt all or any part of the Content of this Site without first obtaining written permission from
All of the trademarks, service marks and logos displayed on this Site (the “Trademark(s)”) are
registered and unregistered trademarks of Tellus Mater, one of its affiliates, or third parties who
have licensed their trademarks to Tellus Mater or one of its affiliates.
Except as expressly stated in these terms and conditions, you may not reproduce, display or
otherwise use any Trademark without first obtaining Tellus Mater's written permission.
Tellus Mater welcomes your comments and feedback regarding this Site. All information and materials
submitted to Tellus Mater through this Site, such as any comments, feedback, ideas, questions,
designs, data or the like, will be considered non-confidential and non-proprietary. For this reason,
we ask that you not send us any information or materials that you do not wish to assign to us,
including, without limitation, any confidential information and any original creative materials.
By submitting communications and/or materials to Tellus Mater through this Site, you assign to
Tellus Mater, free of charge, all worldwide rights, title and interest in all copyrights and other
intellectual property rights in the information and/or materials you submit to Tellus Mater. Tellus
Mater will be entitled to use any information and/or materials you submit through this Site, and any
ideas, concepts, know-how or techniques contained in any such information and/or materials, for any
purpose whatsoever, included but not limited to developing, manufacturing and marketing products
using such information or materials without restriction and without compensating you in any way.
However, Tellus Mater will not use any information or materials you submit through this Site in a
way that may violate applicable privacy laws. In particular, Tellus Mater will not release your name
or otherwise publicize the fact that you submitted information or materials to us unless: (a) we
obtain your permission to use your name; or (b) we first notify you that the materials or other
information you submit to a particular part of this Site will be published or otherwise used with
your name on it; or (c) we are required to do so by law.
You are responsible for the communications you submit through this Site, including, without
limitation, their truthfulness and accuracy.
Please note that your submissions (e.g. Via our contact form) do not have any legally binding effect
on Tellus Mater. Therefore, invoices, reminders and the like must be exclusively sent to the
addresses set forth in the respective contract.
Some of the information, articles and other materials available through this Site are provided to
Tellus Mater by third-parties. Wherever practical the source of these third-party materials is
identified. These third-party materials are provided for your interest and convenience only. Tellus
Mater does not warrant or represent that these materials are current, accurate, complete or
reliable. Tellus Mater accepts no responsibility for any use to which third party information is
Links to other Tellus Mater websites
This Site contains hyperlinks to other websites operated by Tellus Mater or other Tellus Mater
entities ("Other Tellus Mater Website(s)"). These Other Tellus Mater Websites are separate and
distinct websites. Each serves a different purpose. Each Other Tellus Mater Website is therefore
privacy statement posted on each Other Tellus Mater Website you visit.
Links to other web sites
This Site contains hyperlinks to web sites that are not operated by Tellus Mater. These hyperlinks
are provided for your reference and convenience only, and do not imply any endorsement of the
material on these third-party web sites or any association with their operators. Tellus Mater does
not control these web sites and is not responsible for their contents. You access and use these web
sites solely at your own risk.
Any information contained or referenced in this Site is solely provided as an introduction to Tellus
Mater and its products and services. For specific advice and instructions related to our products
and services, please contact Tellus Mater directly. Persons intending to use a crop protection or
seed product must read and follow the label accompanying that product and comply with all applicable
laws and regulations relating to the use of that product. Before using any crop protection product,
be sure that it is registered for use in your country.
Because different countries around the world have different laws and regulatory requirements, some
products, programs or services are available in some countries and not in others. This Site may
contain references or cross references to Tellus Mater products, programs and services that may not
be available or announced in your country. These references do not imply that Tellus Mater intends
to announce such products, programs or services in your country. Consult your local Tellus Mater
sales representative or contact Tellus Mater if you have questions about which products, programs
and services may be available to you.
The “contact us” feature of some Tellus Mater websites allows you the opportunity to send related
questions to our experts online. This feature is provided for your interest and convenience. The
usefulness of our response to your question depends on the completeness and the accuracy of the
information on which it is based and other factors beyond our control, such as weather. You and your
company are solely responsible for evaluating the value and usefulness of our response.
Some Tellus Mater websites will post representative questions and answers that we believe may be of
interest to other registered users. Please do not include any confidential, proprietary or
personally identifiable information in your question. We reserve the right to edit questions for
clarity or length. Please review the section of these terms and conditions regarding submissions
before sending us any information.
Not an offer or invitation to invest
The information on this Site does not constitute and shall not be deemed as an offer or invitation
to invest or otherwise deal in shares or other securities of Tellus Mater. Nor is any such offer or
invitation being made or solicited. Securities’ prices, and income from those securities, may go up
or down at any time, and potential investors should be aware that past performance is not
necessarily an indication of future performance. Potential investors should seek independent
financial advice prior to any investment decision.
Our Site may contain forward-looking statements - e.g. Statements not of historical fact, including
statements about our beliefs and expectations. These statements, which can be identified by terms
such as, but not limited to, ‘expect’, 'would', 'will', 'potential', 'plans', 'prospects',
'estimated', 'aiming', 'on track' and similar expressions are based on current plans, estimates and
projections, with regard to which Tellus Mater shall in no way be liable and on which you and your
company should not place undue reliance. These statements involve inherent risks and uncertainties,
many of which are outside of Tellus Mater's control. Forward looking statements speak only as of the
date they are made and Tellus Mater undertakes no obligation to update any of them in light of new
information or future events.
Disclaimer of warranties
This Site is provided on an "as is," "as available" basis, without representations or warranties of
any kind. To the fullest extent permitted under applicable law, the Tellus Mater entities and their
respective service providers and licensors disclaim all warranties, express, implied, statutory or
otherwise. Without limiting the foregoing, to the fullest extent permitted by law, the Tellus Mater
entities and their respective service providers and licensors hereby disclaim (a) all warranties of
merchantability, fitness for a particular purpose, title and non-infringement with respect to this
Site and its content and any products or services described on or made available through this Site;
(b) warranties relating to delays, interruptions, errors, or omissions in the operation of this Site
or any part of this Site; (c) warranties relating to the transmission or delivery of this Site or
its availability at any particular time or location; (d) warranties relating to the security of this
Site or that the Content of this Site is free of viruses, worms or other code that may manifest
contaminating or destructive properties; (e) warranties relating to the use, validity, accuracy,
currency, completeness, suitability, reliability, or the results of the use of this Site, including
any Content, including product labels, products or services made available through this Site; and
(f) warranties relating to websites to which this Site is linked.
Certain jurisdictions do not allow disclaimers of certain warranties or limitations on how long an
implied warranty lasts, so one or all of the foregoing limitations may not apply to you and/or your
Limitation of liability
Your and your company's use of this Site, it’s Content, including product labels, and any products,
programs or services made available through this Site is at your and your company's sole risk. Under
no circumstances shall the Tellus Mater entities or their respective service providers and
licensors, including their respective directors, officers, employees, or agents, be liable for any
losses or damages arising out of or in connection with your or your company's access of, use of, or
inability to use, this Site, its content, including product labels, or any products, programs or
services made available through this site or your or your company's reliance on any information
provided through this site. Without limiting the foregoing, the Tellus Mater entities and their
respective service providers and licensors shall not be liable in any way for possible errors or
omissions in the content; this applies in particular to any information about products, programs and
services supplied by the Tellus Mater entities. This is a comprehensive limitation of liability that
applies to all losses and damages of any kind whatsoever, whether direct or indirect, general,
special, incidental, consequential, exemplary or otherwise, including without limitation,
interruption of business, loss of or damage to data or goodwill, and loss of revenue or profits.
This limitation of liability shall apply to the fullest extent permitted by applicable law, whether
the alleged liability is based on contract, negligence, tort, strict liability or any other basis
and even if an authorized representative of any of the Tellus Mater entities has been advised of or
should have known of the possibility of such damages, and without regard to the effectiveness of
You and your company acknowledge and agree that Tellus Mater could not make this Site and its
Content available to you and your company at no charge if their liability were not limited as set
If any of these limitations of liability is found to be invalid or unenforceable for any reason,
then the aggregate liability of the Tellus Mater entities and their respective service providers and
licensors under such circumstances for liabilities that otherwise would have been limited shall not
exceed one hundred ($100.00) dollars (or the local currency equivalent).
Certain jurisdictions do not allow the limitation of certain damages, so some or all of this
limitation of liability may not apply to you and/or your company and you and/or your company may
have additional rights.
Governing law and jurisdiction
These terms and conditions shall be governed by, are subject to, and construed in accordance with,
the laws of Switzerland without regard to conflict of law principles. The ordinary courts of Basel,
Canton of Basel-Stadt, Switzerland, shall have exclusive jurisdiction for any claims relating to
these terms and conditions.
Our failure at any time to require performance of any provision of these terms and conditions or to
exercise any right provided for herein shall not be deemed a waiver of such provision or such right.
All waivers must be in writing and signed by the party to be bound. Unless the written waiver
contains an express statement to the contrary, no waiver by Tellus Mater of any breach of any
provision of these terms and conditions of any right provided for herein shall be construed as a
waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself,
or a waiver of any right under these terms and conditions.
If any provision of these terms and conditions is held by a court of competent jurisdiction to be
contrary to law, such provision shall be changed and interpreted so as to best accomplish the
objectives of the original provision to the fullest extent allowed by law and the remaining
provisions of these terms and conditions shall remain in full force and effect.
These terms and conditions constitute the entire agreement between you and your company and Tellus
Mater with respect to your and your company's access to and/or use of this Site. These terms and
conditions shall not be amended except as expressly set forth herein.
These terms and conditions were last modified on January 1, 2020.