The terms included in the present article and used in the present General Terms & Conditions have the following meanings:
• “Agreement” means every agreement entered into between Sustainability Partner and the User with regard to the Services.
• “Ambassador” means organizations specialized in sustainable action, who want to inspire or assist others to be transparent about their achievements and ambitions, with timestamps in the public Ethereum blockchain (or other blockchains), that are approved by Sustainability Partner and are included in the Whitelist.
• "App" refers to the public web application named SustainabilityChecker.app developed by Sustainability Partner.
• “Business Services” refers to the following services: providing a Business User with timestamping services on the public blockchain for the supplied impact certificates and/or ambitions/KPI’s, hosting a transparency page of a Business User on the App with information on sustainability achievements and/or ambitions, all subject to the present Terms & Conditions.
• “Business User” means any User that is using the Business Services. Business User is either Ambassador or Frontrunner.
• "Business User Content" means all data, text, audio and visual information, and graphics that Business User uploads to or provides to be uploaded to the App or provides in the course of using the Services, excluding the User’s Personal Data.
• “Checking Services” refers to the following services: providing a User the possibility to see the transparency pages of a particular Business User through the App, all subject to the present Terms & Conditions.
• “Frontrunners” means companies committed to accelerating the sustainability transition, who want to inspire others with transparent achievements and ambitions, and to this end (1) partner with Ambassadors and/or (2) follow one of the consultancy tracks with Sustainability Partner, and subsequently showcase their achievements and/or ambitions via a transparency page on the App, with timestamps in (but not limited to) the public Ethereum blockchain.
• “Intellectual Property Rights” means all intellectual property rights wherever in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights, including copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trademarks, service marks, patents, utility models, topography rights and rights in designs.
• “Personal Data” as defined by Article 4 (1) of the General Data Protection Regulation (Regulation (EU) 2016/679) means any information relating to an identified or identifiable natural person (“Data Subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
• "Services" refers to the Business Services and Checking Services.
• “Sustainability Partner”: the company that developed the web App and provides the Services, namely Sustainability Partner BV, a limited liability company established under the Laws of Belgium, having its registered offices at Mimosalaan 18, 3191 Hever, VAT BE 0777.602.478, RPR Leuven;
Contact information:
Sustainability Partner BV
Mimosalaan 18
3191 Hever
Email: info@sustainabilitypartner.be
Tel.: +32 (0)15 52 07 71
• "Terms & Conditions": refers to the present General Terms and Conditions.
• “(Blockchain) Timestamp” means a timestamp that assigns a unique time to the certificate and/or ambitions/KPI’s. Sustainability Partner (or one of its subcontractors) creates timestamps for digital certificates to be able to prove: (a) The certificate and/or ambitions/KPI’s existed at a certain time (b) The certificate and/or ambitions/KPI’s hasn't been tampered with. Sustainability Partner (or one of its subcontractors) can use a blockchain-based approach to preserve timestamps by creating a unique digital fingerprint (called Hash). The hash is anchored to the public Ethereum Blockchain (or other blockchains).The time of this anchoring represents the timestamp of the certificate. Verification of the timestamp can always be done independently from sustainabilitychecker.app. For more information on how to do this, please check the FAQ section of the App.
• “User” means any person, firm, company or other organization that are using the App on their own behalf or on behalf of a third party. Physical persons are considered to be at least 18 years old.
• "User’s Personal Data" means any Personal Data of the User processed by Sustainability Partner under the Agreement.
• “Whitelist” refers to the list of verified certificate issuers approved by Sustainability Partner and located in the “FAQ” section of App. The Whitelist is regularly updated.
Article 2 - Scope and field of application of the Terms & Conditions
2.1 These Terms & Conditions govern the access to and the use of the App and the Services provided through or by means of the App.
2.2 The use of the App by the User implies full and unreserved acceptance of these Terms & Conditions. The User accepts these Terms & Conditions and declares that he/she has read them in their entirety and therefore refrains from relying on any contradictory document.
2.3 These Terms & Conditions may be modified by Sustainability Partner at any time. The relationship between the parties is always governed by the latest terms in force on the day the User uses the App. If the present Terms & Conditions are amended, the User will be invited to agree to the new terms and conditions the next time he/she uses the App after the amendments entered into force.
2.4 Some provisions in these Terms & Conditions may only apply to certain categories of Users. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all Users.
Article 3 - Description of the App
3.1 The App is intended to showcase the verifiable sustainability-related impact and/or ambitions of the Business Users, with timestamps in the public Ethereum Blockchain (or other blockchains), all this subject to the present Terms & Conditions.
3.2 Sustainability Partner timestamps ambitions and/or KPIs and/or certificates of impact in the public Ethereum Blockchain (or other blockchains), as they are received from the Business Users. Certificates of impact are timestamped only if the certificate issuers are included in the Whitelist.
3.3 Sustainability Partner relies on the authenticity and integrity of the certificates mentioned in Article 3.2. and does not perform any additional verification prior to timestamping them in the blockchain.
3.4 Sustainability Partner is responsible for the readability or correctness of the subsequently provided QR codes on the App itself. Sustainability Partner is not responsible for the readability of the QR codes when used outside the App.
Article 4 - Permitted use and responsibility
4.1 Users may only use the App within the scope of what it is provided for, under these Terms & Conditions.
4.2 Under no circumstances whatsoever does Sustainability Partner allow the use of the App and its Services for illegal or unlawful purposes, or for the transfer of data that are illegal, defamatory, infringes a person's privacy, offensive, threatening, damaging or infringes a third person's intellectual property rights (non-exhaustive list).
4.3 The purpose of the use of the App and the Services is the full responsibility of the User. If a User fails to comply with the provisions of these Terms & Conditions, he acknowledges that he is acting entirely at his own risk.
4.4 In case of non-compliance with the provisions of the present article Sustainability Partner reserves the right to take any appropriate measure to protect its legitimate interests including denying User’s access to this App and terminating the Agreement in accordance with Article 8 - , reporting any misconduct performed through this App or the Service to the competent authorities – such as judicial or administrative authorities.
Article 5 - Special provisions relating to Ambassadors
5.1 Only Users who satisfy the minimum requirements to be considered as an Ambassador in terms of SDG contribution, the minimum amount of Frontrunners, and certification requirements can apply to become Ambassadors on the App. The list of requirements is available upon request.
5.2 To become an Ambassador on the App, the User has to:
i) satisfy the minimum requirements to be considered an Ambassador;
ii) successfully pass the Ambassador scan with the Sustainability Partner. To this end, the aspiring Ambassador has to file a request to Sustainability Partner, as well as pay the respective fee for the scan. This fee is non-reimbursable and is no guarantee for the successful passing of the Ambassador scan nor of the inclusion on the list of Ambassadors on the App.
iii) upon passing the Ambassador scan, the aspiring Ambassador pays the Ambassador onboarding fee, as well as delivers data required for the Ambassador page and associated Frontrunner pages and their impact and/or ambition blocks.
5.3 Ambassadors pay an annual fee (payable in advance of the subsequent period), as well as the annual fee per transparency page when the impact block is published.
5.4 A minimum subscription period for the Ambassador is 12 (twelve) months. The subscription is renewed automatically for the subsequent 12 (twelve) months period. The subscription can be canceled by the Ambassador in writing by a registered letter 3 (three) months before the end of the previous subscription period.
5.5 To use the App the Ambassadors must provide all required data or information in a complete and truthful manner. Failure to do so will cause unavailability of the Business Services.
Article 6 - Special provisions relating to Frontrunners
6.1 A User can be connected to the App as a Frontrunner either:
i) Automatically by being a client of the existing Ambassadors; or
ii) Through filing a request to the existing Ambassador and satisfying the requirements defined by this Ambassador. Sustainability Partner is not involved in the decision of the Ambassador regarding entering into relationship with the User; or
iii) Through filing a request to publish a Frontrunner page directly with Sustainability Partner. Such request could only be filed after completing a B Corp Starter Scan or 3D Photo consultancy track with Sustainability Partner. In this case, Sustainability Partner creates a Frontrunner page and timestamps the expressed ambition and progress of the Frontrunner.
6.2 Frontrunners who submit a request for publication of a Frontrunner page directly to Sustainability Partner pay an annual fee per transparency page upon publication.
6.3 For Frontrunners who submit a request for publication of a Frontrunner page directly to Sustainability Partner, a minimum subscription period of 12 (twelve) months applies. The subscription is automatically extended for the following period of 12 (twelve) months, unless the Frontrunner cancels it in writing by registered letter at the latest 3 (three) months before the end of the current subscription period.
6.4 Sustainability Partner is entitled to index the agreed rates for Frontrunners who submit a request for publication of a Frontrunner page directly to Sustainability Partner, annually and normally on January 1, due to government measures or in view of higher hourly wages of personnel or higher costs. An increase in the rates will be announced in writing, stating the size and date on which the increase will take effect
6.5 For Frontrunners who submit a request for publication of a Frontrunner page directly to Sustainability Partner, deviating terms and conditions are not opposable to Sustainability Partner, unless explicitly accepted in writing by Sustainability Partner. Insofar as the customer has deviating conditions for its suppliers or service providers, they are hereby excluded.
6.6 To use the App, the Ambassadors and/or Frontrunners must provide all required data or information completely and truthfully. If this does not happen, the Business Services will not be available.
6.7 A recognized Frontrunner can initiate the onboarding of the new Ambassador with Sustainability Partner
Article 7 - Special provisions relating to relationships between Ambassadors and Frontrunners
7.1 Sustainability Partner is not in any way involved in relationships between Ambassadors and Frontrunners and cannot be held responsible for any issues arising out of these relationships.
7.2 The conditions for obtaining an impact certificate verified by an Ambassador are defined exclusively by this particular Ambassador. Sustainability Partner is not in any way involved in the verification or certification process.
7.3 Additions or Data correction requests regarding impact blocks or ambition blocks are to be directed by the Frontrunner to his respective Ambassador/-s.
Article 8 - Account suspension and deactivation by Sustainability Partner
8.1 Sustainability Partner is entitled to suspend at any time and without notice the Business User account and terminate the Agreement with a Business User by deactivating his Business User account - if it is suspected that the Business User breaches the present Terms & Conditions.
8.2 After deactivation in accordance with Article 8.1, Sustainability Partner is entitled to refuse the Business User any future access to the Services, or to undo the deactivation after negotiating with the Business User. In each of these cases, Sustainability Partner is entitled to claim compensation for the damage it has suffered as a result of the Business User’s behavior.
8.3 The suspension or deactivation of the Business User account due to causes attributable to the Business User does not exempt the Business User from paying any applicable fees or prices.
Article 9 - Content provided by Business Users
9.1 Business Users are entitled to provide their own content (Business User Content) to this App. By providing Business User Content, Business Users confirm that they are legally allowed to do so and that they are not infringing any legal provision and/or third-party rights.
9.2 Business Users grant to Sustainability Partner a non-exclusive and royalty-free license to process their Business User Content within the scope and for the purposes of this App as contractually required.
9.3 Business Users are solely liable for any content they provide to be published on this App. Users acknowledge and accept thatSustainability Partner does not moderate such content.
However, Sustainability Partner reserves the right to remove, delete, block or rectify any of Business User Content at its own discretion and to, without prior notice, suspend and/or deactivate the Business User account:
- if any complaint based on such content is received;
- if a notice of infringement of intellectual property rights is received;
- upon order of a public authority; or
- where Sustainability Partner is made aware that the content while being accessible via the App, may represent a risk for Sustainability Partner itself, Users, third parties and/or the availability of the Services.
9.4 The removal, deletion, blocking or rectification of content shall not entitle Business Users that have provided such content or that are liable for it, to any claims for compensation, damages or reimbursement.
9.5 Business Users agree to hold Sustainability Partner harmless from and against any claim asserted and/or damage suffered due to content they provided to or provided through the App or content they are liable for.
9.6 Business Users are solely responsible for delivering factual correct data to Sustainability Partner. If Business User requests changes or additions to content after the provision thereof, Sustainability Partner reserves the right to charge a change request fee.
Article 10 - Special provisions on the content transparency policy of the App
10.1 For it to be timestamped by Sustainability Partner, the impact must be proven by the Ambassador certificate or certification data that:
i) Is directly provided by the Ambassador to Sustainability Partner,
ii) Is validated by the Ambassador’s internal services,
iii) Includes the following:
(1) SDG(s) the certified impact contributes to
(2) Period expressed in year(s) the proven impact relates to
(3) Amount of the proven impact
(4) Unit of measure of the proven impact
(5) Unique certificate number
(6) Ambassador signature.
10.2 For the ambition to be timestamped by Sustainability Partner, the Frontrunner must:
i) have followed a B Corp Starter Scan or 3D Photo consultancy track with Sustainability Partner;
ii) define the specific ambition and
iii) explicitly express a wish to timestamp this ambition, and the progress towards it, and make it publicly available on the Frontrunner’s page on the App.
10.3 An impact block can only be removed from the App if:
i) It is replaced by a new impact block and only in case the replaced impact block contained administratively wrong data, or if the Ambassador is acquired by a new Ambassador that has successfully accomplished the Ambassador scan, or
ii) The respective Ambassador ceases to exist, or
iii) The related Frontrunner ceases to exist.
10.4 An ambition block can only be removed from the App if:
i) It is replaced by a new ambition block and only in case the replaced ambition block contains administratively wrong data, or if the Ambassador is acquired by a new Ambassador that has successfully accomplished the Ambassador scan, or
ii) The respective Ambassador ceases to exist, or
iii) The related Frontrunner ceases to exist
iv) The ambition is realized and can be replaced by a impact block
Article 11 - Users’ Personal Data
The processing by Sustainability Partner of the Users’ Personal Data is described in detail in the Privacy Policy (https://www.sustainabilitychecker.app/privacy/) that forms an integral part of the present Terms & Conditions.
Article 12 - Intellectual Property Rights and use license
12.1 Sustainability Partner guarantees that it possesses the required Intellectual Property Rights for offering its Services.
12.2 Sustainability Partner grants to Users a revocable, non-exclusive, non-transferable, limited right to the App and the Services and to access and use the App in accordance with the present Terms & Conditions. All Intellectual Property Rights are retained by Sustainability Partner.
Under no circumstance shall the User:
- decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App;
- make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App;
- use the App for any purpose for which it is not designed or intended;
- use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App; or
- use any proprietary information or any of Sustainability Partner’s interfaces or other intellectual property in the design, development, manufacture, licensing, or distribution of any software that is, directly or indirectly, competitive with or in any way a substitute for the App.
12.3 Users acknowledge and agree that any questions, comments, suggestions, ideas, or feedback regarding the App and the Services provided by Users to Sustainability Partner shall become its sole property. Sustainability Partner shall own all Intellectual Property Rights and shall be entitled to the unrestricted use and dissemination of the abovementioned input for any lawful purpose, commercial or otherwise, without acknowledgment or compensation. The Users hereby waive to the extent legally permissible all moral rights to any such input and guarantee that any such input is original.
12.4 Business Users are allowed to use the labels or QR codes created and provided by Sustainability Partner on carriers of choice (paper, stickers, textile, labels, etc.) for the purpose of providing a link to the Business User page on the App. Sustainability Partner is not responsible for such use, nor for the readability or correctness of the QR codes used by Business Users.
Article 13 - Modifications and interruptions
13.1 Sustainability Partner reserves the right to modify or discontinue all or part of the App and the Services at any time or for any reason at its sole discretion and without notice. Sustainability Partner will not be liable to the Users or any third party for any modification, suspension or discontinuance of the App.
13.2 Sustainability Partner cannot guarantee that the App will be available at all times. The Users agree that Sustainability Partner will have no liability whatsoever for any loss, damage, or inconvenience caused by their inability to access or use the App during any downtime or discontinuance of the App. Nothing in these Terms & Conditions will be construed to obligate Sustainability Partner to maintain and support the App or to supply any corrections, updates, or releases in connection therewith.
Article 14 - Limitation of liability
14.1 This App is provided strictly on an “as is” and “as available” basis. To the maximum extent permitted by applicable law, Sustainability Partner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by User through the Service will create any warranty not expressly stated herein.
14.2 Sustainability Partner does not warrant, endorse, guarantee, or assume responsibility for any content and product or service offered by Business Users, and Sustainability Partner shall not be a party to or in any way monitor any transaction between the Users.
14.3 In no event shall Sustainability Partner be liable for
- any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or User account or the information contained therein;
- any errors, mistakes, or inaccuracies of content;
- any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Services;
- any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or
- the defamatory, offensive, or illegal conduct of any User.
14.4 Under no circumstances will Sustainability Partner be obliged to compensate indirect, special, or consequential damage, trading losses, loss of income, loss to reputation or goodwill, loss of or damage to information or data, or any other damage incurred by using the App or the Services. This limitation of liability also applies after Sustainability Partner has been specifically informed of the potential loss of the User.
Article 15 - Indemnification
The User agrees to defend, indemnify and hold Sustainability Partner harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from User’s use of and access to the App and the Services or User’s violation of these Terms & Conditions or any statutory law, rule, or regulation.
Article 16 - Severability
16.1 If any provision of the present Terms & Conditions is, or becomes, illegal, unenforceable or invalid, the relevant provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity.
16.2 If modification under clause 16.1 is not possible, the provision must be treated for all purposes as severed from the Terms & Conditions without affecting the legality, enforceability or validity of the remaining provisions of the Terms & Conditions.
Article 17 - Applicable law and jurisdiction
17.1 These Terms & Conditions and the Agreement shall be governed by and construed according to Belgian law (with exception of the provisions of private international law).
17.2 Any dispute, controversy or claim arising under, out of or relating to these Terms & Conditions, the Agreement, and any subsequent amendments thereof, as well as non-contractual claims, shall be submitted to the courts of the judicial district of Ghent, Ghent department.
CONTACT
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