Terms and Conditions

Last updated Aprilr 20, 2021

GREENER ACT TERMS AND CONDITIONS OF USE AND COOKIE POLICY

  1. Portal Ownership

Greener Act is a service and e-commerce portal hosted on the website www.greeneract.com that provides information on a set of services and allows the purchase of services, products and / or to contribute with donations electronically.

The public domain name www.greeneract.com is owned by Greener Act, Lda., Headquartered at Travessa do Serrado, no. 6, 9060-299 Funchal, registered at the Commercial Registry Office of Funchal under the unique registration number and legal person 514626909, with a share capital of € 1,000.00 (one thousand euros).

The Greener Act Portal can also be accessed through the Greener Act mobile application, available for free download from Apple (“App Store”) and Google (“Play Store”) online stores.

For any clarification related to the website www.greeneract.com and the Greener Act mobile application, these terms and conditions of use or the privacy and cookies policy, you can contact Greener Act through the email: info@greeneract.com

  1. Object and scope of Greener Act terms and conditions

These Greener Act terms and conditions of use apply to users of the website www.greeneract.com and, as well, to any commercial transactions carried out through the Greener Act portal.

For a user to be able to order products and / or services and contribute with donations through Greener Act, it is necessary (i) to accept these terms and conditions of use and (ii) to register with Greener Act. A registered user will, from that moment on, be referred to as Client.

The registration of Clients in Greener Act allows for, in turn, the creation of a Profile, in which Clients may include a name under which they wish to be identified in the Portal, and also a photograph or image, which may or may not correspond to personal data.

In the light of the General Data Protection Regulation (EU Regulation 2016/679 of the European Parliament and of the Council of Europe, of April 27th 2016, hereinafter “GDPR”), “personal data” consists of “information relating to an identified natural person or identifiable (‘data subject’); an identifiable individual is a person who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, electronic identifiers or to one or more specific elements of the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person ”.

In the event that the Client includes in his Profile, data that corresponds to personal data, it will be treated in the light of the applicable legislation on the protection of personal data, under the terms provided for in point 7 of these Terms and Conditions and, also, according to the privacy policy available at the Privacy Policy.

In the event that the Client includes in his Profile, data that cannot be considered personal data, like the use of a generic and non-identifiable nickname and fantasy image, the protection legislation on personal data, as provided for in point 7 of these Terms and Conditions will not apply, the same going for the privacy policy available at the Privacy Policy.

The data (personal or not) contained in the Client’s Profile may be disclosed on the dashboard of the Greener Act Portal, under the terms provided for in Point 4 of these Terms and Conditions. The profile data is not to be confused with the Client’s registration data when registering, using a form, in the Greener Act Portal, the latter not being disclosed in accordance with Point 4 of these Terms and Conditions.

To order services and / or products, the Client must be of legal age or emancipated, in accordance with the law. The elements and information transmitted by the Client to Greener Act will enjoy full legal effects, the Client recognizing electronic purchases, and the Client cannot claim the lack of signature for non-compliance with the obligations they assumed.

Greener Act reserves the right to restrict, at its sole discretion, certain commercial or strategic constraints on access to Greener Act or part of the service, as well as to limit access to Greener Act.

Greener Act also reserves the right to change these terms and conditions of use without prior notice, any changes being published on the website www.greeneract.com and on the mobile application. The Client must consult the terms and conditions of use of the company regularly to learn about any changes.

  1. Information about contents and products

The products and services that can be purchased or donated in Greener Act are available in a virtual storefront, and it is possible to view one or more images and a brief description of each product.

The images presented on the Greener Act portal are for illustrative purposes only. Thus, Greener Act advises the client to consult the product description in order to obtain complete information about the respective characteristics.

The reproduction, transfer, distribution or storage of the contents of Greener Act is prohibited for purposes other than strictly personal use, without prior written permission granted by Greener Act.

The information related to all products and services available in Greener Act is updated and checked regularly. Notwithstanding this practice, in the event that products and services have inaccuracies in their description and / or price, it is the policy of Greener Act, when processing orders, to always check the information provided in relation to the products and services ordered. If there are discrepancies in the price of the product or service ordered and it is lower than the advertised price, Greener Act will refund the difference. If the price is higher, Greener Act will inform the client accordingly, asking him to confirm his interest in the product within a maximum period of 7 days. After 7 days without any response, the client will be deemed to have lost interest in the purchase, with the initial order being ineffective.

Greener Act may, at any time, change all information and images related to products and services, including prices and terms of sale.

The Client has the right to freely cancel the purchase and sale contract or service provision, under the applicable legal terms.

Without prejudice to the exceptions provided for in the applicable legislation, the Client may exercise their right to freely terminate the contract without incurring any costs, without the need to provide a justification, within 14 days from the date of conclusion of the contract, by means of sending the Free Contract Resolution Model or through any other unambiguous contract resolution statement addressed to Greener Act, in writing, to the address of its registered office or via email info@greeneract.com.

The client may use the following form for the free termination of the contract:

Information on the right of free withdrawal:

Right of free withdrawal

You have the right to withdraw from this contract within 14 days, without giving any reason. The period for exercising the right of free withdrawal expires 14 days from the day following the day on which the contract was signed. In order to exercise your right of free withdrawal, you must inform us [insert your name, geographical address and, where appropriate, telephone number, fax number and e-mail address] of your decision to terminate this contract through an unambiguous statement (for example, letter sent by post, fax or e-mail). You can use the standard resolution form, but this is not mandatory. For the free resolution period to be respected, it is enough that your communication regarding the exercise of the right of free resolution is sent before the end of the resolution period.

Effects of free resolution

In the event of termination of this contract, you will be reimbursed for all payments made, including delivery costs (with the exception of additional costs resulting from your choice of a shipping method other than the least expensive normal shipping method offered by us) ), without undue delay and, in any case, no later than 14 days from the date on which we are informed of your decision to terminate this contract. We make these refunds using the same payment method you used for the initial transaction, unless expressly agreed on otherwise by you; in any case, you do not incur any costs as a result of such reimbursement. If you have requested a provision of services before the period of free termination of the contract, you must pay Greener Act an amount proportional to what was actually provided up to the moment of the communication of the resolution, in relation to the set of services provided for in the contract.

Free Resolution Form Template

(you must complete and return this form only if you want to terminate the contract)

For [insert the name, geographical address and, where appropriate, the fax number and e-mail address of the service provider]:

By this communication I / we communicate () that I am terminating / we are terminating () my / our () purchase and sale contract relating to the following asset / for the provision of the following service ()

Requested on () / received on ()

Name of client(s)

Address of client(s)

Signature of the client(s) (only if this is sent in paper form)

Date


(*) Strike out what does not apply

All contractual information is written in Portuguese and English, as well as product information, communications by e-mail and formalization of the sale.

  1. Information on the activities of Clients in the Greener Act Portal

The Clients may join the solidarity and sustainability events promoted in the Greener Act Portal, and the information on their registration will be visible to other Clients on the respective dashboard of the Greener Act Portal. This information will consist of the disclosure of the Client Profile data, in particular of their name or nickname, their level of sustainability and, also, their photo or image, if one has been associated to the respective profile.

The Clients may make donations to causes or entities promoted within the Greener Act Portal, and the identification of the Clients’ profiles (name or nickname) and the amount donated, will be visible on the respective dashboard of the Greener Act Portal, except in cases where the Client chooses to anonymize his profile for this purpose.

The events or initiatives created by the Clients (natural or legal persons), will be disclosed on the dashboard of the Greener Act Portal with the purpose of promoting registration or participation, among the other Clients. The information disclosed for this purpose will consist of the disclosure of the Client’s Profile data (name or denomination that appears in the Profile and respective image or photograph, if any), the disclosure of the description of the event, or initiative, and other additional information registered and published by the Client, on the Greener Act Portal, at the time of its creation.

The Clients may also disclose their intervention or participation in any activity described above, on their respective social networks, namely through Facebook, Instagram, Twitter, TikTok, and LinkedIN. The shares enacted by the Client in this respect, are their own sole responsibility.

  1. Intellectual and Industrial Property

The Greener Act Store / portal is a registered trademark of Greener Act. Any unauthorized use or reproduction of the brand is expressly prohibited.

All texts, comments, logos, brands, software, videos, illustrations, studies, web designs and images reproduced or represented in Greener Act are duly protected by intellectual property rights for the entire world. Thus, and under the terms of the Copyright and Related Rights Code and other applicable legislation, its use will be authorized only for private purposes, without prejudice to more restrictive provisions contained in the aforementioned legislation.

Any reproduction of total or partial representation of the website www.greeneract.com and the mobile application or the elements included therein is strictly prohibited and will lead to the immediate cancellation of the Client’s registration in Greener Act and, as well, to the eventual appeal, by Greener Act, to the competent legal means against those who do so.

The Client undertakes to fully respect these rights, as well as refrain from performing any acts that may violate the law, such as the reproduction, commercialization, transmission or making available to the public of these contents or any other unauthorized acts whose object is the same content.

The Client acknowledges that all content contained in the advertising, broadcasting, promotion or mention of any sponsor or advertiser is protected by the laws regarding copyright and related rights, the laws relating to industrial property and other property protection laws, by that any use of such content may only occur under the express authorization of the respective owners.

  1. Obligations of Clients

The client undertakes to respect and comply with these terms and conditions of use, namely:

Refraining from introducing, storing or disseminating defamatory, obscene, insulting, xenophobic content and / or of any other nature that violates the general principles of law and public order;
Maintaining and guarding your login password confidential on the website or mobile application, in order to prevent third parties from accessing your account on the Greener Act Portal;
Not using false identities or imitating third parties;
Providing your address and personal data, so that Greener Act can send the requested orders;
Refraining from modifying, altering, distributing, decompiling, disassembling, deriving the code, decrypting or copying (including making digital copies) any software or material from Greener Act;
Refraining from using Greener Act in any way that violates any applicable law or regulation, whether illegal or fraudulent, including transmitting or facilitating the sending of any unsolicited or authorized advertising or promotion or any other similar form or request (spam);
Consciously refraining from transmitting any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful program or similar computer code designed to create adversities to the use of Greener Act.
Greener Act reserves the right to delete the client’s account that materializes any of these situations.

  1. Privacy and Protection of Personal Data

Last updated: April 2021

Greener Act, as the Responsible party for the processing of personal data, is committed to protecting the privacy of Greener Act clients and limits itself to collecting personal data that is provided voluntarily.

Contact details:

Greener Act, Lda.

Travessa do Serrado, n.º 6

9060-299 Funchal

Email: info@greeneract.com

In the continuation of its business and service provision activities, Greener Act will need to process Personal Data. Without your Personal Data, we will not be able to provide you with the requested services or provide the functionalities inherent to the proper functioning of the Greener Act Portal. These include, but are not limited to, the activities provided for in Point 4.

For more information on the processing of your personal data, you can consult our privacy policy, available at the Privacy Policy.

By registering with Greener Act, the Client expressly consents to Greener Act sending information about products and services that may be of interest to them, using their personal data for the purposes of direct marketing through any communication channel, namely by using email, SMS, MMS or other forms of automatic calling.

  1. Greener Act cookie policy

Greener Act uses cookies on the Greener Act website (www.greeneract.com) to improve its performance and the clients’ experience.

What are cookies?

Cookies are small text files that a website, when visited by the user, places on your computer or on your mobile device through the internet browser. The placement of cookies will help the website to recognize the client’s device the next time the client visits it.

Greener Act uses the term cookies in this policy to refer to all files that collect information in this way.

The cookies used do not collect information that identifies the client. Cookies collect generic information, namely how users arrive and use the websites or the country / countries area through which they access the website, etc.

Cookies only retain information related to users’ preferences.

At any time, the user can, through his internet browser decide to be notified about the receipt of cookies, as well as block the respective entry in his system.

The refusal to use cookies on the website may result in the impossibility of having access to some of its areas or receiving personalized information.

What cookies are for

Cookies are used to help determine the usefulness, interest and number of uses of websites, allowing for faster and more efficient navigation and eliminating the need to repeatedly enter the same information.

The cookies used by Greener Act have different functions:

  • Essential cookies: Some cookies are essential to access specific areas of Greener Act. They allow navigation on the website and the use of its applications, such as accessing secure areas of the website through login. Without these cookies, services that require it cannot be provided.
  • Analytical cookies: Greener Act uses these cookies to analyze how users use the website and monitor its operation. This allows Greener Act to provide a high quality experience by customizing your offer and quickly identifying and correcting any problems that arise. For example, Greener Act uses performance cookies to find out which pages are most popular, which method of linking between pages is most effective, or to determine why some pages are receiving error messages. Based on the use of the website, we may also use these cookies to highlight products or services on the website that we think are of interest to users. These cookies are used only for the purpose of statistical creation and analysis, without ever collecting personal information.
  • Functionality cookies: Greener Act uses functionality cookies to remember user preferences. For example, cookies avoid typing the user’s name each time the user accesses the website. It also uses functionality cookies to provide advanced services to the user, such as making comments on a product. In summary, functionality cookies keep the user’s preferences regarding the use of the website, so that it is not necessary to reconfigure the website each time they visit it.
  • Third-party cookies: These are used to measure the success of applications and the effectiveness of third-party advertising.
  • Advertising cookies: They serve to target advertising according to the interests of each user, allowing to limit the number of times the ad is viewed. These cookies help to measure the effectiveness of advertising. However, they do not identify the user. Advertising cookies on Greener Act portal vary regularly.

The cookies used can also be:

  • Permanent cookies: They are stored at the level of the internet browser on your access devices (pc, mobile and tablet) and are used whenever the user makes a new visit to the website. They are generally used to direct navigation according to the user’s interests, allowing Greener Act to provide a more personalized service.
  • Session cookies: They are temporary, and they remain in the cookies of your internet browser until you leave the website. The information obtained allows us to identify problems and provide a better browsing experience.

The use of cookies can be blocked

After authorizing the use of cookies, the user can always disable some or all of the cookies. For this purpose, the user must follow the instructions in his/her browser.

Greener Act recalls that by disabling cookies, parts of the Greener Act website may not function properly

Use of cookies to open Greener Act newsletters and marketing emails

Greener Act newsletters and marketing emails may, for statistical purposes, contain a single “pixel” that allows us to know if they are opened and check the clicks through links or advertisements within the newsletter and / or marketing emails.

The user always has the possibility to oppose the sending of the newsletter and / or marketing emails (“opt-out”), as referred to in point 6 of these Terms and Conditions of Use.

For more information on cookies, see the following link: www.allaboutcookies.org

  1. Placing orders / registration

Products and services

All items sent or made available at one time are considered services and / or products, not assuming their continuity.

To make purchases on the Greener Act portal, the user must register by filling in the registration form. Greener Act also advises that clients keep a digital or physical copy of these terms and conditions of use.

After the client is duly registered, it is enough for the client to select the desired services and / or products and place them in the virtual shopping basket. The client must follow all steps of the purchase in order for it to be successfully completed.

As soon as they finish their purchase, the clients will receive an automatic email confirming the receipt of the order. If the order data is not correct, the clients can immediately request it be changed, or even, the cancellation of the purchase made.

The data recorded by Greener Act is evidence of the set of transactions carried out between Greener Act and the client. It is the responsibility of Greener Act to archive all communications with the client.

  1. Payment Modes

Greener Act offers the method of payment by Paypal through its Platform.

The client must have a Paypal account in order to use this payment method.

  1. Safety and Responsibilities

The Client undertakes to respect all applicable legal provisions, refraining from committing unlawful or offensive acts, such as the indiscriminate sending of unsolicited communication (spamming) in violation of the provisions of the legislation applicable to the processing of personal data and advertising communications through automatic calling devices.

The client expressly acknowledges and accepts that Greener Act uses a public electronic communications network that can be used by several clients, and as such, subject to computer overloads, therefore Greener Act does not guarantee the provision of the service without interruption, loss of information or delays.

In the event of interruption in the provision of the service due to unforeseeable overload of the systems on which it is supported, Greener Act undertakes to regularize its operation as soon as possible.

Greener Act does not in any way guarantee that:

The service is provided uninterruptedly, is safe, without errors or operates in an infinite way;
the quality of any product, service, information or any other material purchased or obtained through Greener Act meets any client’s expectations regarding it;
Greener Act will not be, in any way, responsible for the damage or damages resulting from the non-fulfillment or defective performance of the service when this is not directly or indirectly attributable, by way of intent or gross negligence, not being responsible in particular for:

Errors, omissions or other inaccuracies regarding the information made available through the service;
Delays, interruptions, errors and suspensions of communications that originate from factors beyond its control, namely, any deficiencies or failures caused by the communications network or communications services provided by third parties, the computer system, modems, connection software or any computer viruses or those resulting from downloading through the infected files service or containing viruses or other properties that may affect the client’s equipment;
Damages caused by the fault of the Client or third parties, including violations of intellectual property;
for non-compliance or defective compliance that results from the observance of judicial decisions or administrative authorities;
for non-compliance or defective compliance that results from the occurrence of force majeure situations, that is, situations of an extraordinary or unpredictable nature, outside Greener Act and that cannot be controlled by it, such as fires, power cuts, explosions, wars, riots, civil insurrections, government decisions, strikes, earthquakes, floods or other natural cataclysms or other situations not controlled by Greener Act that prevent or hinder the fulfilment of the assumed obligations.
The use of the website www.greeneract.com and the mobile application of Greener Act for abusive purposes is expressly prohibited and Greener Act reserves the right to use the legal and judicial mechanisms in force to sanction any abuses or illegal practices. Consultation of data and information done within the scope of this service are assumed to be made by the client, Greener Act declining any responsibility arising from the abusive or fraudulent use of the information obtained.

It is expressly forbidden to introduce hyperlinks on this website, regardless of the desired purpose, without prior authorization from Greener Act. In the event of there being links on other websites that allow access to Greener Act, Greener Act clarifies that it has no responsibility neither about the provenance of the page nor the contents registered therein.

  1. Suspension and deactivation of the Greener Act Portal

The client acknowledges that Greener Act has the right, at any time (at its sole discretion) to discontinue or suspend the provision of the Greener Act service and / or part of it to one or all clients, regardless of any prior or later communication.

The suspension or termination of the service by Greener Act, under the terms described, does not give rise to the right of the Client or third parties to any indemnity or other compensation, and Greener Act cannot be held responsible or in any way encumbered, for any consequence resulting from the suspension, annulment or cancellation of the service, to the extent permitted by law.

Greener Act will previously communicate to the Client, the situations described above, so that he can, if he wishes, save the contents of his order / service viewing area within 3 (three) working days from the sending of the email or of the notice being made available on the Portal’s main page, regarding the suspension and / or deactivation of the Portal.

  1. Communications

Notifications made to the client that relate to Greener Act, including any changes to these terms and conditions of use, will be made to the client’s email address or by SMS or telephone contact (without prejudice to other forms of communication provided for in these terms and conditions of use).

The client is responsible for correcting the data transmitted to Greener Act and undertakes to immediately introduce any changes to their Greener Act registration account.

Greener Act declines all responsibility for any delay or impossibility of processing the order / service, namely in the act of delivery, due to error, insufficiency and outdated data reported by the client.

  1. Applicable Law and Jurisdiction

These terms and conditions of use and the privacy and cookie policies, and all purchases made in Greener Act, are subject to Portuguese law, and the parties agree that, in the event of a dispute, the competent court will be that of the Funchal District.