Terms of Use
| Version | Date | Author | Description |
|---|---|---|---|
| 1.0 | June 2025 | Yara Legal & HESQ | Initial Release |
1. Introduction and Acceptance of Terms
These Terms of Use ("Terms") govern the access to and use of the YaraSafe mobile application ("Application") by employees of Yara Fertilisers India Private Limited ("Yara" or "Company").
By downloading, installing, or using the Application, the employee ("User") agrees to be bound by these Terms. If the User does not agree, they must not use the Application.
These Terms should be read in conjunction with the Employee Privacy Notice — YaraSafe Application.
2. Definitions
The following terms shall have the meanings set out below:
- "Application" means the YaraSafe mobile application available on Android and iOS platforms.
- "Platform" means the web-based interface and dashboard operated by the Service Provider where authorised Yara personnel can access reports and analytics.
- "Safety Score" means the score assigned to each User based on their driving behaviour, calculated using the AI-based algorithm.
- "Personnel" means identifiable unique persons consisting of Yara's employees who are authorised to access and use the Application as determined by Yara.
- "At-Risk Behaviours" means driving behaviours captured by the Application, including harsh acceleration, harsh braking, harsh cornering, over-speeding, and phone handling while in transit.
- "Official Trip" means the mode within the Application that, when activated by the User, enables data capture and tracking for official (non-personal) driving trips.
- "Personal Trip" means the mode within the Application that, when activated by the User, disables data capture and tracking for personal (non-business) driving trips.
- "HESQ" means Yara's Health, Environment, Safety, and Quality team.
- "Client Data" means Yara's and its Personnel's personal data including but not limited to name, address, identification number, title, business address, email address, and related information.
3. Purpose of the Application
The Application is deployed by Yara exclusively for the following purposes:
- Monitoring and improving driving safety by identifying At-Risk Behaviours during official visits and/or field operations.
- Tracking travel metrics (distance, duration, routes) for the purpose of processing employee reimbursement claims.
- Assigning a Safety Score to each User to facilitate coaching and training on safe driving practices by the HESQ team.
- Promoting compliance with Yara's internal safe driving policies and regional safe driving guidelines.
The Application is NOT used for disciplinary purposes unless otherwise communicated to the User in advance and in accordance with applicable policies.
4. Eligibility and Access
The Application is available only to authorised Yara employees designated by the Company as field staff required to use the Application during Official Trips.
Yara shall allot unique login credentials to each authorised User. Users must not share their credentials with any other person.
The Application is available for download on Android (Google Play Store) and iOS (Apple App Store). Users are responsible for downloading the Application on their working mobile devices.
5. User Obligations and Acceptable Use
Users agree to the following obligations:
- Use the Application solely for authorised business purposes in connection with their Official Trips at Yara.
- Keep their login credentials secure and confidential, and notify Yara immediately of any unauthorised use or suspected breach of security.
- Ensure the Application is active during Official Trips and official field visits as required by Yara's policies.
- Not copy, modify, reverse engineer, decompile, disassemble, or create derivative works based on the Application or any part thereof.
- Not remove, obscure, or alter any proprietary notices, trademarks, or branding within the Application.
- Not use the Application to submit any content that is unlawful, defamatory, discriminatory, obscene, or violates any applicable law.
- Not attempt to gain unauthorised access to the Platform, other users' accounts, or any systems connected to the Application.
- Not use the Application in any manner that could damage, disable, or impair the Service Provider's servers or networks.
- Comply with all applicable laws and regulations while using the Application.
- Keep the Application updated to the latest version as made available through the relevant app store.
6. Personal Trip Mode and Data Collection
The Application provides a "Personal Trip" feature that allows Users to disable data collection and tracking during non-business driving trips.
When Personal Trip mode is activated, the Application will not capture or process location data, driving behaviour metrics, or any other personal data.
Users are responsible for activating Personal Trip mode when they wish to use their vehicle for personal purposes other than Official Trips.
Data capture is configured to operate during Official Trips. However, Users should activate Personal Trip mode for any personal travel that may overlap with configured tracking periods.
Yara will not access, process, or review any data relating to personal trips.
7. Intellectual Property
The Application, Platform, Software, and all related intellectual property rights (including patents, copyrights, trademarks, trade secrets, and proprietary algorithms) are and remain the sole property of Yara.
Nothing in these Terms grants the User any ownership rights in the Application or Platform.
The User is granted a limited, non-exclusive, non-transferable, revocable licence to use the Application solely for the purposes set out in these Terms and during their employment with Yara.
All data, reports, dashboards, and deliverables generated from or in connection with the Application containing Yara's data shall remain the intellectual property of Yara.
8. Data Collection, Privacy, and Security
The Application collects personal data as described in the Employee Privacy Notice — YaraSafe Application, including but not limited to: name, phone number, GPS/location data, driving behaviour metrics, travel distance and duration, vehicle details, and Safety Score.
All personal data is processed in accordance with the Digital Personal Data Protection Act, 2023 (DPDP Act) and Yara's Employee Privacy Policy.
Yara is the Data Fiduciary responsible for determining the purposes and means of processing.
Personal data collected through the Application is stored on cloud servers located in India and is not transferred outside India without Yara's prior written consent and appropriate safeguards.
Refer to the Employee Privacy Notice for full details on data categories, legal basis, retention, security measures, employee rights, and grievance redressal.
9. Disclaimers and Limitation of Liability
The Application is provided on an "as-is" and "as-available" basis. While Yara and Service Provider endeavours to ensure continuous availability, Yara and the Service Provider do not warrant that the Application will be uninterrupted, error-free, or free of harmful components.
Yara shall not be liable for any loss, damage, or inconvenience arising from:
- Temporary unavailability of the Application due to maintenance, upgrades, or technical issues.
- Inaccuracies in GPS data, trip data or Safety Score calculations arising from device limitations, signal interference, or third-party service disruptions (e.g., Google Maps).
- Any failure of the User's personal device, internet connectivity, or operating system compatibility issues.
- Force majeure events including but not limited to acts of God, government restrictions, epidemics, pandemics, natural disasters, or telecommunications failures.
The Safety Score is intended as a diagnostic and coaching tool only and shall not be treated as definitive evidence of driving behaviour for any legal, disciplinary, or insurance purpose unless expressly stated otherwise.
10. Suspension and Termination of Access
Yara reserves the right to suspend or terminate a User's access to the Application at any time, with or without notice, in the following circumstances:
- The User breaches any provision of these Terms.
- The User's employment with Yara is terminated or the User is transferred to a role that does not require use of the Application.
- Yara decides to discontinue the Application or the underlying Services Agreement is terminated.
- Required by applicable law, regulation, or court order.
Upon termination of access:
- The User must immediately cease using the Application and uninstall it from their device.
- The User's account and associated personal data will be deleted in accordance with the Employee Privacy Policy and applicable data retention requirements.
- Any obligations that by their nature survive termination (e.g., confidentiality, intellectual property, limitation of liability) shall continue to apply.
11. Updates and Modifications to the Application
The Service Provider may periodically release updates, patches, or new versions of the Application. Users are expected to install such updates promptly.
Yara and the Service Provider reserve the right to modify, enhance, or discontinue features of the Application at any time.
Material changes to the Application's functionality or data collection practices will be communicated to Users in advance through the Application and/or official channels.
12. Amendments to These Terms
Yara reserves the right to amend these Terms from time to time.
Any material changes will be communicated to Users through the Application, official email, or internal communication channels.
The updated version will be identified by the revision date in the version control table.
Continued use of the Application after notification of changes constitutes acceptance of the amended Terms.
If a User does not agree with the amended Terms, they should discontinue use of the Application and notify their line manager or HESQ team.
13. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of India.
Any dispute arising out of or in connection with these Terms shall first be resolved amicably between the User and Yara within 15 days.
If the dispute cannot be resolved amicably, it shall be referred to the sole arbitrator appointed in accordance with the Arbitration and Conciliation Act, 1996. The arbitration shall be conducted in English, and the venue and seat of arbitration shall be New Delhi.
Nothing in this clause shall prevent Yara from seeking interim or injunctive relief from a court of competent jurisdiction.
14. General Provisions
- 14.1 Entire Agreement: These Terms, together with the Employee Privacy Policy, constitute the entire agreement between the User and Yara regarding the use of the Application.
- 14.2 Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
- 14.3 No Waiver: Failure by Yara to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.
- 14.4 Assignment: Yara may assign its rights and obligations under these Terms to an affiliate or successor entity. Users may not assign their rights or obligations.
- 14.5 Notices: All notices under these Terms shall be communicated through official Yara communication channels (email or internal systems).
- 14.6 Language: These Terms are drafted in English. In the event of any conflict between an English version and a translated version, the English version shall prevail.
15. Contact Information
For any questions, concerns, or feedback regarding the Application or these Terms, Users may contact:
HESQ Team: Rajeev.pahuja@yara.com
Grievance Officer: kumar.purnendu.shekhar@yara.com
Address: 502, Global Business Square, Plot No. 32, Institutional Area, Sector 44, Gurugram, Haryana — 122003
Acknowledgement and Acceptance
I, the undersigned, acknowledge that I have read, understood, and agree to be bound by these Terms of Use for the YaraSafe Application issued by Yara Fertilisers India Private Limited.
Employee Name: ___________________________
Employee ID: ___________________________
Designation: ___________________________
Signature: ___________________________
Date: ___________________________