Terms and conditions of the Greenly mobile application
These general terms and conditions (hereinafter, the "General Terms and Conditions") govern the relationship between Greenly, a simplified joint stock company with a capital of 20,000 euros, whose registered office is located at 9 rue de Quatrefages 75005 Paris, registered in the Paris Trade and Companies Register under number 878730647 (hereinafter, the "Company") and any person (hereinafter, the "User") benefiting from the service offered by the Company under the name "Greenly" via a mobile application (hereinafter, the "Solution"), as described in particular in Article 2 hereof.These GTUs were updated on 11 June 2021.
Article 1. Acceptance of the General Conditions
1.1 By ticking the box "I accept the general conditions of the service", the User acknowledges that he/she has read all the terms below and expressly accepts these General Conditions without reservation. These General Conditions constitute a contract between the User and the Company.
1.2. By using the Solution, the User agrees to comply with the General Conditions in force without any reservations. The User is therefore encouraged, before using the Solution, to consult the latest version of the General Conditions available in the Solution by clicking on the "General Conditions" link.
1.3. The Company reserves the right to modify these General Conditions at any time. If major changes are made, they will be notified to the User by a pop-up window directly from the mobile app. The User may then terminate the Terms and Conditions in accordance with Article 9.3.1 hereof. The use of the Service after the date of modification of the General Terms and Conditions means that the User has accepted them.
1.4. If the User refuses to comply with all or part of the obligations and conditions contained in these General Terms and Conditions, the User is invited not to use the Solution.
Article 2. General presentation
2.1. The Company operates the Solution, which enables the User to measure and reduce his or her personal carbon footprint and to finance climate contribution projects.
2.2. To use the Solution, the User must have a device enabling him/her to access the Internet and create a personal account (hereinafter, the "Account") under the conditions specified in Article 3. Access to the Solution is provided under the conditions described in these General Conditions. The costs associated with connecting to and using the Solution, invoiced by the access providers or telephone operators, shall be borne exclusively by the User.
Article 3. Creation of an account
3.1 Prior and mandatory registration for access to the Solution
3.1.1. The User must be a natural person over 18 years of age, and have accepted these General Conditions without reservation.
3.1.2. In order to take advantage of the Solution, the User must create an account on the Application.The User whose Account has been deleted́ for violation of these General Terms and Conditions is prohibited from creating a new Account. The Company reserves the right to delete any Account created́ in violation of this prohibition or, more generally, of these General Terms and Conditions.
3.2. User Account identifiers
3.2.1. If the User has chosen to register by entering an identifier and a password, these elements enable him/her to access the Solution and must remain confidential.
3.2.2. The User is solely responsible for any use that may be made of his login and password and/or the account of the third party social network used to register on the Solution, and is the sole guarantor of their confidentiality, as well as any use of his Account. The User undertakes to inform the Company immediately of any use or risk of unauthorised use of his Account, and of any breach of confidentiality and security of his means of identification, using the contact form available in the Solution.
3.2.3. If the Company has legitimate reasons to believe that the security of the Solution is violated or that it is being misused due to unauthorised use of the User's means of identification, it may temporarily suspend the Account in order to preserve the integrity of the Solution and the data, and, if appropriate, require the modification of these means of identification.Insofar as the User's means of identification have been passed on to a third party through the User's fault or by the User's own doing, the User shall be solely responsible for any use of these means of identification and for the use of the Solution made as a result. The Company may not under any circumstances be held liable for any damage resulting from a failure by the User to comply with the obligations stipulated in this article.
Article 4. Description of the Service
The Application allows the User to measure their carbon footprint either by completing a lifestyle and consumption questionnaire or by allowing the Application to access their transaction data and convert it into carbon. The Application also provides the User with a set of tips to reduce their carbon footprint. Finally, the Application allows the User to fund climate contribution projects, either by using a payment method directly or by using their kitty, which is fed by partner brands.
Article 5. Contact
For any question or information, Users may contact the Company:either by e-mail at the address: [email protected], or by post at the address mentioned in the preamble to these General Conditions.
Article 6. Intellectual property
The Solution, the trademarks, logos and any other distinctive sign of the Company, as well as any software used in the provision of the Solution, as well as the contents of the Solution (i.e., any text, video, photograph or any other information in any format and of any nature whatsoever appearing in the Solution) (hereinafter, the "Elements") are the exclusive property of the Company and/or third parties and are likely to be the subject of protection by copyright, trademark law, patent law or any other intellectual property right. The present General Conditions do not entail any transfer of ownership or intellectual property rights over any of these Elements to the User. In particular, all data relating to the calculation of the carbon footprint (coefficients, methodologies, etc) remain the property of the Company.It is therefore forbidden to copy, modify, reproduce, distribute, publish, integrate on any medium whatsoever, adapt, transfer or assign, license, sub-license, give as security, transmit in any other way the elements of the Solution or to carry out reverse engineering or use any other method to attempt to access the source codes and/or protocols of the Solution, without the express authorisation of the Company or the holder of the rights.
Article 7. Data processing and liberties
Article 8. Liability
8.1. Given the technical computer and telecommunications constraints inherent in the use of the Solution, the Company may not be held liable in the event of damage caused by a malfunction in one or more of the stages of access to the Solution, due in particular but not exclusively to the disadvantages inherent in the use of the Internet network, such as a break in service, external intrusion, the presence of computer viruses or a malfunction of any kind. If the Company has legitimate reasons to believe that the security of the Solution is compromised or that misuse of the Solution is due to unauthorised use of the User's identification data, the Company may temporarily deactivate the User's Account in order to preserve the integrity of the Solution and the data in the User's Account. The User undertakes to cooperate with the Company and in particular to modify his identification data directly in the Solution by modifying his login, email address and/or password.
8.2. The User expressly guarantees that he is entitled to use the Solution. He undertakes to use the Solution in accordance with its purpose and not to carry out any illicit, unfair, dishonest or fraudulent action of any kind whatsoever.
8.3. The Company cannot be held liable in the event that the non-performance or poor performance of the Company's obligations is attributable either to the behaviour of the User, or to the unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure. In addition, the Company shall not be held liable for any indirect damage, operating loss, loss of profit, damage or expenses arising from the present.
Article 9. Duration of the contract - Termination
9.1. Duration of the Contract
These General Terms and Conditions are entered into for an indefinite period from the date of their first acceptance by the User under the conditions described in Article
9.2. Termination of relations by the Company
9.2.1. The Company may immediately suspend access to the Solution in the event of non-compliance with these General Conditions by the User. In this case, the Company will notify the User of this suspension by e-mail and will give the User formal notice to cease this violation. At the end of a period of eight (8) days from the date of this notification, which has remained without effect, the Company may terminate the contractual relationship with the User as of right, without any formality and subject to any damages to which it may be entitled as compensation for the prejudice resulting for it from this situation. This termination may be effected without notice in the event of a serious breach by the User of its obligations under these General Terms and Conditions, as referred to in particular in Article 8.3.
9.2.2. In general, the Company may deactivate the Account of any User and terminate its contract with the User by electronic notification, subject to giving one (1) month's notice.
9.3. Termination of the relationship by the User
9.3.1. The User may terminate these General Terms and Conditions at any time by following the procedure provided for this purpose in the Solution and, more specifically, by clicking on the "Delete user account" button in his/her Profile.
Article 10. Force majeure
10.1. In the event of the occurrence of a case of force majeure, the performance of the obligations incumbent on the party to the present General Terms and Conditions who is the victim of this event will be suspended for the duration of the event, as of the date of receipt of the notification by registered letter with acknowledgement of receipt. Force majeure is understood to mean the cases defined by French law and the case law of the French courts.
10.2. The party invoking the case of force majeure must, as soon as possible, inform the other party by e-mail, giving full details of the case of force majeure invoked and evaluating its duration.
10.3. If a case of force majeure, having been notified in accordance with Article 10.2 above, continues for a period of more than thirty (30) days, each of the parties may then, as of right, terminate these General Terms and Conditions by sending the other party, at any time, written notification to this effect.
10.4. In such circumstances, these General Conditions shall be terminated by operation of law between the parties concerned, without notice or compensation on either side.
Article 11. Disputes
11.1. The General Conditions are subject to French law, without prejudice to the applicable conflict of law rules.
11.2. In accordance with Article L. 152 - 1 of the French Consumer Code, the User is offered the possibility of having recourse to a mediator free of charge in order to reach an amicable settlement in the event of a dispute arising between the User and the Company. The User is invited to contact the Company in order to inform it of his request and so that the Company can inform him of the precise conditions of such a request for recourse to this mediation procedure.
11.3. In the event of failure or refusal of mediation as referred to in Article 11.2, any legal action will be under the exclusive jurisdiction of the French courts.