Terms of Service

Welcome to GreenUp!

We believe in blooming the wellbeing and happiness of the entire planet. GreenUp is dedicated to making sustainability simple and enjoyable so as to change the way young people live, act and think.

GreenUp provides a platform for creating and sharing videos and photos as well as for bartering and exchanging products (“Platform”). The Platform is operated by Happy Green World Geneva association, governed by laws of Switzerland, with its seat at 9, rue des Pecheries 1205 Geneva.

Please carefully read these Terms and Conditions (“Terms”), that will govern the relationship and serve as an agreement between you and us and will govern your access and use of the Platform. If you do not agree with the content of these Terms, please do not register, access, or use the Platform.

 

 

Table of Contents

1....... Description of the services 4

2....... Accepting these Terms 4

3....... Your account 5

4....... Suspension or termination of your account 5

5....... Use of the Platform.. 6

5.1........... Create, Share and Discover Videos and Photos 6

5.2........... Interact with Other Members 6

5.3........... GreenUp Events 6

5.4........... GreenUp Challenges 7

5.5........... Bartering and Exchange Services 7

5.5.1.          Advertisements 7

5.5.2.          Exchange of products 8

5.6........... Points System.. 8

6....... Restriction of use. 9

7....... Communications between the Members 11

8....... Intellectual Property. 11

9....... Representation and Warranties 12

10..... Limitation on liability. 13

11..... Indemnities 13

12..... Age Limit 14

13..... Data Protection. 14

14..... Survival Clause. 15

15..... Applicable Law and Jurisdiction. 15

16..... Amendments of the Terms 15

17..... Contact Information. 16

 

 

 

1.Description of the services

  1. The Platform can be used via the GreenUp mobile apps available on Apple Store and Google PlayStore

  2. The Platform allows you to focus on nurturing the wellbeing and happiness of the planet and help protect the environment, in particular through interactions with other Platform users (“Members”). In particular, the Platform allows you to create, take, publish, and share videos and photos, consume and see videos and photos other Members have created or taken, interact with other Members, participate in eco-challenges and organize events.

  3. The Platform also allows you to offer products to other Members in exchange for other products. In that regard, GreenUp provides a meeting place where Members carry out transactions. A contract is therefore only concluded between you and the other Member, GreenUp is never a party to such contract.

  4. The Platform and its functionalities are only for people of 13 years old and over (Section 12). The Services may only be used with the consent of your parent or legal guardian if you are under 18 years old or under guardianship. Please be sure your parent or legal guardian has reviewed and discussed these Terms with you, and approve them.

2.Accepting these Terms

a)By registering, accessing, or using the Platform, you agree and guarantee that you have the right, authority and capacity to enter into a binding contract with GreenUp subject to these Terms, that you are at least 13 years of age or over (section 12), and that you intend to use the Platform and its functionalities for no purposes other than the ones for which they are intended.
b)By registering, accessing, or in any way using the Platform, you agree that you accept these Terms and agree to comply with them.
c)If you are accessing or using the Platform on behalf of a business or entity, you represent and warrant that you are authorized to act on behalf of such business or entity with the authority to bind the business or entity to these Terms and that you agree to these Terms on the business or entity’s behalf, and your business or entity is legally and financially responsible for your access or use of the Platform as well as for the access or use of your account by others affiliated with your entity, including any employees, agents or contractors. GreenUp reserves the right to require, at all time, proof of your authority to act on behalf of said business or entity.

3.Your account

  1. To access and/or use the functionalities of the Platform, you must register and provide information by following the procedure available on the Platform. You are responsible for providing complete and truthful information.

  2. Should you have not reached the age of majority, i.e. 18 years old, not be capable of judgement or be under legal guardianship, you may only create an account under the supervision of your parent, guardian, or curator. Failure to comply with these rules may result in the suspension or even deletion of your account.

  3. Your account on the Platform is personal and non-transferable. You shall treat your login information, such as username and password as strictly confidential and prevent access to this information by third party. If you become aware or suspect that your login information has been disclosed to a third party, is in any way compromised or if it appears that your user account is being or has been misappropriated, you shall notify us immediately at info@greenup.website

  4. You guarantee that all the information provided at the time of registration is true and accurate and shall at all times be kept up to date throughout your use of our Platform. Any changes may be made directly by you via the Platform. You shall be liable of any breach thereof.

4.Suspension or termination of your account

  1. GreenUp reserves the right to suspend or block, temporarily or permanently, all or part of your access to the Platform, to suspend or terminate your account or remove or disable any content you upload, at all time, without notice and at GreenUp’s sole discretion.

  2. Should we suspend or permanently terminate your account, we will notify you of such action in advance in order to allow you time to access and save your information and content, unless we have reason to believe that continued access to your account would be detrimental to our Platform, other Members, or us, or would violate requests by law enforcement or other government agencies, applicable laws or regulations or third party rights.

  3. If you no longer want to use our Platform again, and would like your account deleted, you may request the termination and deletion of your account via the features provided on the Platform or you may contact us directly at info@greenup.website.

5.Use of the Platform

5.1.Create, Share and Discover Videos and Photos

a)The Platform allows you to record videos, take photos and import videos and photos into the Platform.
b)You can publish videos and photos on the Platform so that other Members can consume your videos and see your photos.
c)You will be able to see videos and photos that other Members have published and shared publicly on the Platform.

5.2.Interact with Other Members

The Platform allows you to interact with other Members, in particular by:

  1. Sending direct messages to Members;

  2. Liking videos and/or photos of Members;

  3. Posting comments on their videos and/or photos;

  4. Following other Members;

  5. Visualizing Members’ profile pages.

5.3.GreenUp Challenges

a)The Platform offers various challenges to Members to encourage them to reduce their CO2 consumption (“GreenUp Challenges”). GreenUp Challenges may take many forms, e.g. not using a car for 5 days straight, not eating any animal product for 5 days.
b)Members will be able to share their progress on the GreenUp Challenges by posting photos and/or videos on the Platform.
c)Completing GreenUp Challenges allows the Member to gain points (Section 5.6).

5.4.Bartering and Exchange Services

5.4.1.Advertisements

  1. The Platform allows you to create and publish advertisements regarding the product(s) you are offering, and the product(s) expected in exchange.

  2. The advertisement should specify and describe the product offered and include a photo of said product. It should also specify the category, purpose and characteristics of the product expected in exchange. GreenUp reserves the right to request additional information and to refuse to publish the advertisement at its sole discretion.

  3. The Members cannot offer a product in exchange for a monetary consideration. GreenUp reserves the right to refuse to publish and to delete such advertisements.

  4. Other Members may make counteroffers to offers of other Members available on the Platform if they cannot meet all the requirements of the advertisement. The counteroffer cannot be a monetary consideration.

  5. You are free to accept or decline any offer or counteroffer made to you by other Members.

  6. As the Platform may be used by minors, the offer of alcoholic products, lawful recreational drugs, medication and any other product or services the sale of which is reserved to buyers of at least 16 years of age is absolutely prohibited on the Platform. We will refuse any offer relating to the sale of such products and reserve the right to remove, without notice, any offer relating to such products.

  7. You may upload material and content to the Platform in compliance with these Terms. You are responsible for the content and accuracy of any materials that you upload on the Platform. We reserve the right to remove any material or posting on the Platform at our sole discretion.

5.4.2.Exchange of products

a)The Member publishing the advertisement and the Member responding to said advertisement shall agree on how to proceed with the exchange of their products. Members undertake to give preference to postal shipments over physical exchanges.
b)Prior to any postal shipments, the Members shall agree on the terms of reimbursement of postal shipments costs.
c)Should it be agreed on a physical exchange, such exchange can only take place in a public place (exposed to public view, not isolated and where all the Members involved in the exchange feel at ease) during the day, i.e. between 9 am and 5 pm. If it is not possible to organize the exchange between these hours and the Member/s is/are under 18 years of age, the exchange may only take place in the presence of the parent or legal guardian of the minor Member/s. Examples of suitable exchange locations are common areas of public schools, as well as bus and tramway stops in central locations. Hotel rooms, residential premises and remote locations are not safe locations. You should not agree to follow a Member away from the agreed place of public exchange. We recommend always being accompanied to any physical exchange.

5.5.Points System

a)Members completing GreenUp Challenges and/or exchanging products will gain points.
b)Points are based on a rough CO2 reduction estimate

6.Restriction of use

  1. You acknowledge that you will at all time access and use the Platform in compliance with these Terms and all laws and regulations applicable to your access and use of our Platform.

  2. In particular, you agree that you will not:

  1. Access and/or use the Platform if you are not 13 years old or over, or if you are otherwise unable to agree to these Terms or if you do not accept these Terms;

  2. Access and/or use the Platform for purposes other than those provided in these Terms;

  3. Access and/or use the Platform if you are a convicted sex offender in any jurisdiction in the world;

  4. Access or use the Platform for the purpose of building a competitive product or service or copying its features or user interface;

  5. Access or use the Platform to defraud any person or entity (including but not limited to the sale of stolen items, offering of bogus Products and Services, use of stolen credit/debit cards, etc.);

  6. Access or use the Platform for the sharing or provision in any way of:

    1. narcotics and psychotropic substances, whether legal or prohibited, or medicinal or therapeutic products including but not limited to medicine, homeopathic products and products pertaining to so-called alternative medicines;

    2. tobacco, drugs, dangerous and illicit substances;

    3. weapons for combat or self-defense, firearms, explosives or hunting traps;

    4. animals or plant species that are protected, threatened or taken from their natural environment;

    5. any form of prostitution or any activity sexual in nature;

  7. Gather the e-mail addresses or other content available on the Platform for any non-personal or commercial purposes;

  8. Harvest or otherwise collect information about Members without their explicit consent or in any way not in accordance with these Terms and applicable law, in particular but not limited to data protection and/or privacy legislation;

  9. Link to other websites such as your own webpage or any third party sites unless expressly permitted by GreenUp;

  10. Impersonate any person or entity other than yourself or inaccurately claim an association with any other person or entity;

  11. Provide inaccurate information about who you are, including your age and location;

  12. Breach or circumvent any laws and regulations, third party rights or any of the GreenUp policies;

  13. Infringe copyrights, trademarks, image or name rights, patents, publicities, moral, database and/or other intellectual property rights that belong to or are licensed to GreenUp, its licensors, other Members, or third parties;

  14. Distribute or post spam, unsolicited or bulk electronics communications, chain letters, distribute viruses or any other technologies that may harm GreenUp or the interests or property of the Members;

  15. Use robots, spiders, scrapers, data mining, gathering and extraction tools, or other similar automated means to collect data on the Members;

  16. Copy, reproduce, alter, modify or delete any parts of the Platform or its infrastructures;

  17. Post any content or provide any information and/or documentation that is false, misleading, inaccurate, abusive, threatening, defamatory, deceptive, obscene, vulgar, or otherwise offensive;

  18. Offering products in exchange for a monetary consideration or making a counteroffer in the form of a monetary consideration;

  19. Upload contents which may be illegal, obscene, libelous, menacing, defamatory, personally injurious or violating principles of fair competition.

  1. You will be responsible and fully liable toward GreenUp for any misuse or abuse of the Platform and the consequences thereof.

  2. Violation of any obligations mentioned in this section may result in suspension of all or part of your access and/or use of our Platform, deletion of content and materials, immediate termination of account, or even legal action.

7.Communications between the Members

All communications between you and the other Members shall be only via the Platform and be solely for the purposes set out in these Terms. You agree that you will not include within any place of the Platform any means by which a Member could communicate directly with you, other than through the Platform, such as any direct or indirect link to other Platforms or any reference promotion of services or your email address.

8.Intellectual Property

  1. We and our licensors own all trademarks, copyrights, patents and other intellectual property rights in and to the Platform and the content published on the Platform.

  2. The by-default contents and functionalities provided by the Platform, including but not limited to the computer code, layout and structure, are the intellectual property of GreenUp or our licencors.

  3. We remind you that you are solely responsible for any postings, materials, text, files, images, photos, video, sound, messages, or other materials (“Content”) that you publish, upload, post or display on the Platform or transmit to other Members. You undertake that all Contents published, uploaded, posted or displayed on the Platform or communicated to other Members are true and correct and that you have cleared all intellectual property rights thereto.

  4. By publishing, uploading, posting and/or displaying Content on our Platform, you grant us a non-exclusive, limited license to use, modify, delete, add to, publicly perform and display, reproduce and translate such Content, including without limitation posting on our Platform and social media.

9.Representation and Warranties

  1. THE PLATFORM IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY THE LAW, UNLESS EXPRESSLY SPECIFIED OTHERWISE IN THESE TERMS, WE EXPRESSLY DISCLAIM AND WAIVE ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO THE ACCESS AND THE USE OF OUR PLATFORM.

  2. In particular, and without limitation, we do not warrant, expressly or implicitly, that:

  1. You will find the product(s) you are looking for;

  2. The access and use of the Platform and its functionalities will meet your requirements;

  3. The access and use of the Platform will be uninterrupted, secured or free of errors;

  4. The information and content published and available on the Platform are at all-time current, reliable or complete;

  5. Problems with the operation or functionality of the Platform will be corrected.

  1. Our Platform may contain links to third party websites, such as social media platforms, or plug-ins. These links are provided solely as a convenience to you. We do not warrant that they may work at aim and assume no responsibility or liability in relation but not limited to therewith or for the contents of the websites and/or application of such parties.

  2. We reserve the right at any time and without prior notice, to modify, add or delete functionalities of the Platform, to discontinue all or part of the Platform and to carry out any maintenance or upgrades without incurring any liability for any loss or damages.

10.Limitation on liability

  1. TO THE FULLEST EXTENT PERMITTED BY LAW, UNLESS EXPRESSLY SPECIFIED OTHERWISE IN THESE TERMS, WE WAIVE ALL LIABILITY FOR ANY CAUSE RELATING TO OR ARISING OUT OF THESE TERMS, THE PLATFORM, YOUR ACCESS TO THE PLATFORM OR YOUR USE OR INABILITY TO USE THE PLATFORM.

  2. You assume full responsibility and risk for the access and use of our Platform. In particular, we are not responsible and assume no liability for:

  1. Any inaccurate or incomplete information provided by Members or any third parties in connection with any of the services or posts on our Platform;

  2. The conduct of the Members;

  3. Any illegal access of your account or personal data by third parties;

  4. Any violation of these Terms or applicable laws or regulation by other Members;

  5. Any misuse, unauthorized or illegal access and/or use or in a manner contrary to these Terms of the Platform, data and information that you and other users disclose on the Platform;

  6. Any abusive or illegal use or misuse by third parties of the information provided by you to such parties.

  1. We recommend that you carefully select the information that you post on the Platform or provide to other Members.

11.Indemnities

  1. You shall in particular indemnify, and defend GreenUp from and against any loss, damage, liability and/or claim arising out or in connection with:

  1. Your breach of these Terms;

  2. Your access, use or misuse of the Platform;

  3. Your infringement of any laws and regulations applicable to your access and use of the Platform and the publication of advertisements on the Platform;

  4. Your infringement of third-party rights, including without limitation any intellectual property rights.

12.Age Limit

The Platform is only for people of 13 years old and over. By accessing and using the Platform, you confirm that you are over the relevant age specified herein. If we learn that a Member under the age of 13 years old is using the Service, we will terminate that Member’s account.

13.Data Protection

  1. By using our Platform, you acknowledge that your personal data, to the extent necessary for the proper operation of the Platform or that relate to your activities on the Platform, will be collected and processed by us.

  2. You acknowledge hereby that you may receive information and personal data from other users of the Platform and that you will process personal data, in particular those of Members responding to your postings. You undertake to use and process such personal data and information exclusively for the purpose(s) for which it was provided to you and you will at all times refrain from disclosing, selling or sharing, in any way whatsoever, such personal data and/or information with third parties for whom it was not expressly intended. You also undertake to delete personal data received while using the Platform immediately after the purpose(s) has/have been fulfilled. You further undertake not to use such personal data and/or information for marketing and promotional purposes without the express written consent of the person concerned.

  3. We have established a Privacy Notice available at www.greenup.website/privacy, that describes which personal data we collect, for what purposes and the manner we use it.

  4. We encourage you, as a prudent general practice, to refrain from disclosing any unnecessary personal data and personal information to third parties, such as other Members.

  5. Please note that the Federal Data Protection Act, the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR) or any other relevant data protection legislation may apply to the processing of your personal data.

14.Survival Clause

  1. Should all or part of a provision of these Terms be or become invalid or unenforceable, in whole or in part, such invalidity or unenforceability shall not affect the remainder of the provision or the other provisions of these Terms.

  2. In such event, such invalid or unenforceable provision shall be enforced to the fullest extent permitted under the applicable law and the excluded terms shall be replaced by a valid and enforceable provision that most closely reflects the original intent of the provision.

15.Applicable Law and Jurisdiction

  1. These Terms and any other related documents are governed by, and construed in accordance with, the laws of Switzerland, excluding the conflict of law provisions thereof. The United Nations Convention on Contracts for the International Sale of Goods is expressly waived.

  2. Any disputes arising out of or in connection with these Terms shall fall within the exclusive jurisdiction of the courts of the city of Geneva, Switzerland, subject to any mandatory forum prescribed by law.

16.Amendments of the Terms

  1. We may amend these Terms at any time, without prior notice. This right includes the right to modify, add to or remove terms in these Terms. You will be informed of these amendments by any appropriate mean, such as via e-mail or by posting the amended Terms on the Platform.

  2. All changes will be effective 30 days after they are posted. The modified terms shall be deemed to have been accepted as soon as you access the Platform after they have been published.

17.Contact Information

  1. Happy Green World Geneva is an association, governed by the laws of Switzerland, with its seat at 9, rue des Pecheries 1205 Geneva, Switzerland.

  2. If you have any questions or concerns regarding these Terms, please contact us by e-mail at info@greenup.website.