1.The services are provided by Greenworlder, a company incorporated and operating under the laws of Luxembourg, and located at 9 rue du Laboratoire, L-1911 Luxembourg, Luxembourg.
3.The services offered by Greenworlder are of a nature which sometimes may lead to the application of additional terms and conditions or product requirements (including age requirements) related to services offered by Greenworlder. Any such additional terms and conditions will be available with the relevant services and those additional terms and conditions become part of your agreement with Greenworlder, if you make use of those services prior to first use. The user will be notified of such additional terms and conditions or product requirements prior to first use of the related service.
Conditions for using the services of Greenworlder
4. Users must follow any terms and conditions or policies of Greenworlder made available to them in connection to the provision of the services. Users must be at least 18 years of age.
5. Users are not allowed to misuse the services provided by Greenworlder, including by interfering with those services or attempting to access them by any other means or method than the interface and the instructions provided to them by Greenworlder. The services of Greenworlder may only be used as permitted by applicable law or regulations. Greenworlder may suspend or stop providing any services to users, if they do not comply with the terms and conditions, or if Greenworlder is investigating alleged or suspected misconduct.
6. Using the services of Greenworlder does not give users ownership of any intellectual property rights in relation to the services or the content that they access. Users may not use content from the services of Greenworlder unless they obtain permission from its rightful owner or are otherwise permitted by law. These terms do not grant users the right to use any branding or logos used in the services of Greenworlder. Removing, obscuring or altering any legal notices displayed in or along with the services of Greenworlder is prohibited.
7. Content uploaded to Greenworlder is the sole legal responsibility of the entity or user that makes it available. Greenworlder may review content to determine whether it is illegal or violates Greenworlder’s terms and conditions, in particular when notified about its potential illegality or non-compliance with its terms and conditions. Content which Greenworlder has reason to believe violates its terms and conditions or the law may be removed or be subject to refusal of display.
8. The services of Greenworlder are available on mobile devices. Please do not use the services in a way that unduly distracts your attention, including by hindering you from acting in conformity with applicable traffic or safety laws.
Your Greenworlder Account
9. You will need a Greenworlder Account in order to make use of the services provided by Greenworlder. You may create your own Greenworlder Account, or your Greenworlder Account may be assigned to you by an administrator, such as your employer or an educational institution which you attend. If you are using a Greenworlder Account assigned to you by an administrator, different or additional terms may apply, and your administrator may be able to access or disable your account.
10. In order to protect the privacy of their Greenworlder Accounts, users are advised to keep their password confidential. Please note that users are fully responsible for any activity that happens on or through their Greenworlder Accounts, for cases where Greenworlder failed to comply with its obligations under these terms and conditions. If users learn of any unauthorised use of their passwords or Greenworlder Accounts, please notify Greenworlder.
11. The Privacy Policies of Greenworlder explain how users’ personal data are treated and their privacy when using Greenworlder Services is protected.
How do we collect your data?
You directly provide Greenworlder with most of the data we collect. For instance, we collect data and process data when you:
Greenworlder collects your data so that we can:
Greenworlder will share not your personal data with any 3rd parties. However, if lawfully required to do so, we will also share your data with the authorities.
User Content in the services of Greenworlder
12. The following type of content is prohibited on Greenworlder and will be deleted promptly when reported or detected:
13. If a user continues to post such content, Greenworlder may decide to close the account and may choose to report the user to the law enforcement authorities. Greenworlder may also report serious breaches to law enforcement authorities.
14. Greenworlder may use automated systems help it identify and prevent content mentioned in section 13, especially when this type of content or activity has been reported to Greenworlder previously.
15. Greenworlder also uses automated systems to analyse your content for spam and malware detection. This analysis occurs as the content is sent, received and when it is stored.
16. The use of these automated systems does not mean that Greenworlder undertakes to monitor, or actively search for illegal or infringing content. To the extent permitted by applicable law, this activity does not give rise to any liability for Greenworlder, which acts merely as a hosting provider.
17. If users find content on the site that is illegal, breaches Greenworlders terms and conditions, or violates their intellectual property rights, please notify Greenworlder without undue delay by:
Any notices should be made in good faith and be detailed enough to enable Greenworlder make a prompt decision. Greenworlder undertakes to review any notices it receives diligently and without undue delay. Users can challenge the decisions taken by writing to the aforementioned email address.
18. Some of the services allow users to upload, submit, store, send or receive content. The user retains full ownership of any intellectual property rights held in that content.
19. If a user uploads, submits, stores, sends or receives content to or through the services, Greenworlder and its business partners are thereby given a worldwide licence to use, host, store, reproduce, modify, create derivative works (for instance modifications resulting from translations, adaptations or other changes that is made in order that user content will work better with the services), communicate, publish, publicly perform, publicly display and distribute such content. The rights that the user grants in this licence are for the limited purpose of operating, promoting and improving the services of Greenworlder, and to develop new ones. A user may always access and remove content that has been provided to the services of Greenworlder. Users are invited to ascertain that they have the necessary legal rights to grant Greenworlder this licence for any content that is submitted by them to the services of Greenworlder.
20. The automated systems of Greenworlder analyse your ticked interests to provide you with personally relevant product features, such as customised search results, tailored advertising.
21. If you have a Greenworlder Account, we may display your profile name, profile photo(s) and actions you take on Greenworlder in the services. Users’ choices concerning sharing or visibility settings in your Greenworlder Account will be fully respected.
22. Feedback or suggestions about the services of Greenworlder submitted by users, may be used without legal obligation to them.
Software used in the services of Greenworlder
23. When a service provided by Greenworlder requires or includes downloadable software, this software may be updated automatically on the user’s device once a new version or feature is available. Some of the services of Greenworlder may let you adjust your automatic update settings.
24. Greenworlder gives users a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to use the software provided to them by Greenworlder as part of the services. This licence is for the sole purpose of enabling users to use and enjoy the benefit of the services as provided by Greenworlder in the manner permitted by these terms. Users may not copy, modify, distribute, sell or lease any part of the Services of Greenworlder or included software, nor may they reverse engineer or attempt to extract the source code of that software, unless those restrictions are prohibited by law, or they have been granted a written permission by Greenworlder.
Modification and Termination of services provided by Greenworlder
25. Greenworlder may add or remove functionalities or features, as well as suspend or stop services altogether.
26. Users can stop availing themselves of the services of Greenworlder at any time.
Warranties and Disclaimers
27. Other than as expressly set out in these terms and conditions or additional terms and conditions, neither Greenworlder nor its suppliers or distributors makes any specific promises about the services offered. All services are provided “as is”.
28. A number of jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, all such warranties are excluded.
29. Users based in the EU benefit from a legal guarantee covering the digital content or services provided by Greenworlder. Under this guarantee, Greenworlder is liable for any lack of conformity that you discover within two years of the one-time supply of digital services or for any lack of conformity at any time during which the digital service is continuously supplied.
Liability for services
30. When permitted by law, Greenworlder and its suppliers and distributors will not be responsible for lost profits, revenues or data, financial losses or indirect, special, consequential, exemplary or punitive damages.
31. To the extent permitted by law, the total liability of Greenworlder and its suppliers and distributors for any claims under these terms, including for any implied warranties, is limited to the amount that the user paid us to use the services, or, if Greenworlder so chooses, to re-supplying the user with the services.
32. In all cases, Greenworlder and its suppliers and distributors will only be liable for loss or damage that is reasonably foreseeable.
33. If a user is making use of the services at Greenworlder for a personal purpose, nothing in these terms and conditions or any additional terms and conditions should be construed as limiting any legal rights of consumers, except those that may be waived by contract.
Use of the services of Greenworlder for business purposes
34. If a user is using the services of Greenworlder on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Greenworlder and its affiliates, officers, agents and employees from any claim, action or proceedings arising from or related to the use of the services of Greenworlder or violation of these terms and conditions, including any liability or expense arising from claims, losses, damages, judgements, litigation costs and legal fees.
About the Terms and Conditions
35. Greenworlder may modify these terms and conditions or any additional terms and conditions that apply to its services. Except for changes addressing new functions for a service or changes made for legal reasons, Greenworlder will notify users 30 days in advance before these changes become effective. Changes will not apply retrospectively and will become effective no earlier than fourteen days after they are posted. However, changes addressing new functions for a service or changes made for legal reasons will be effective immediately.
36. In case of any inconsistency between these terms and conditions and any additional terms and conditions, the latter will prevail to the extent of the inconsistency.
37. These terms govern the relationship between Greenworlder and the user. They do not create any beneficiary rights for third party.
38. The fact that Greenworlder may not immediately react to non-compliance with these terms and conditions by a user does not in any way preclude Greenworlder from taking any future action in that respect.
39. Should a particular provision of these terms and conditions not be enforceable, this will not affect any other provisions.
Governing Laws and Courts
40. Concerning consumers living in the European Economic Area or Switzerland, the laws and courtsof their country of residence will apply to any dispute arising out of or relating to these terms and conditions. Disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform (http://ec.europa.eu/consumers/odr.), but Greenworlder does not commit to and is not required to settle disputes before any alternative dispute resolution entity.
41. Concerning business users in the European Economic Area or Switzerland, these terms and conditions are governed by Luxembourg law and they and Greenworlder submit to the exclusive jurisdiction of the Luxembourg courts in relation to any dispute arising out of or relating to these terms and conditions, but Greenworlder will still be allowed to apply for any types of urgent legal remedy in any jurisdiction.
42. Concerning consumer and business users in all other parts of the world, these terms and conditions are governed by Luxembourg law and they and Greenworlder submit to the exclusive jurisdiction of the Luxembourg courts in relation to any dispute arising out of or relating to these terms and conditions, but Greenworlder will still be allowed to apply for any types of urgent legal remedy in any jurisdiction.