Terms of Service – Enware: Sustainability

TERMS OF SERVICE

Welcome to the Enware App. We are headquartered in the Republic of Ireland. We provide an online platform for employee sustainability engagement.

OVERVIEW

This app is operated by Verde LED Limited. Throughout the site and in your use of the Service, the terms “we”, “us” and “our” refer to Verde LED Limited. Verde LED Limited offers this app, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site/app and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Service, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our app. By accessing or using any part of the Services, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new products, features, or tools which are added to the current services shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website/app. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website/app following the posting of any changes constitutes acceptance of those changes.

SECTION 1 – RELATIONSHIP OF PARTIES

Nothing in this Agreement shall be deemed to constitute any party as the agent, partner, joint venture or other business type relationship of another party.

We do not in any way endorse the views or activities of or represent organisations that use the Service. These organisations are considered a third party to us in this regard.

Verde Limited is the data controller in relation to all processing activities associated with the Enware app and Enware accounts, as identified in its Data Protection and Privacy Notice. The employer is the data controller where Verde Limited, on the employer’s behalf, generates aggregated reports on staff engagement.

SECTION 2 – ONLINE SERVICES TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country of residence, or that you are the age of majority in your country of residence.

We provide the Service on an ‘as is’ and ‘as on’ basis’. When you create an account, you agree to conduct your account according to the purposes described in these terms, to the highest standard possible and not break any law while using the Service.

We will provide you with access to your account and a continuous and uninterrupted service as reasonably humanly and technologically possible.

We expect you to comply with laws such as intellectual property law, respecting ownership rights over information. You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

We expect you to conduct yourself at all times in a manner that does not violate any criminal law.

A breach or violation of any of the Terms will result in an immediate termination of your Services. We will investigate any suspected or reported incidences and involve relevant authorities if we are obliged to do so by law.

SECTION 3 – GENERAL CONDITIONS

We reserve the right to refuse access to the Service to anyone for any reason at any time.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 4 – INTELLECTUAL PROPERTY RIGHTS

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

Generally material and photographs featured on this website are original and are the property of Verde LED Limited unless otherwise stated. This material is protected by local and international copyright law. You may not download, print and distribute content from this site without our prior permission.

All the content, trademarks and data on this website, including but not limited to images, software, databases, text, graphics, icons, hyperlinks, private information, designs, templates and agreements are the property of Verde LED Limited and as such are protected from infringement by local and international legislation and treaties.

Nothing in these Terms shall operate to assign or transfer any Intellectual Property Rights from the us to you.

SECTION 5 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 6 – ACCOUNT CREATION AND MANAGEMENT

When you create an account as a corporate administrator, we trust that you have the capacity to represent your organisation, that you either have a contract with your employees or that you have a genuine business interest in them, and we trust that you have the correct permissions or licences to use any information or material you upload or provide to us.

SECTION 7 – MODIFICATIONS TO THE SERVICES AND PRICES

Prices for our services are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Requests for refunds will be considered on a case-by-case basis in a manner consistent with governing Irish, EU and public international law.

SECTION 8 – LIMITATION OF SERVICES

We reserve the right, but are not obligated, to limit the sales of our services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis and will do so in accordance with the law to which we are subject. All descriptions of services or service pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any service at any time. Any offer for any service made on this site is void where prohibited.

We do not warrant that the quality of any services or information purchased or obtained by you will meet your expectations, or that any errors in the services or information will be corrected.

SECTION 9 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the Service is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 10 – THIRD-PARTY LINKS

Certain content, information and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 11 – SOCIAL MEDIA PLATFORMS

Communication, engagement and actions taken through external social media platforms that we participate on are custom to the terms and conditions as well as the privacy policies held with each social media platform respectively. You are advised to use social media platforms wisely and communicate / engage upon them with due care and caution in regard to your own privacy and personal details.

We will never ask for personal data or sensitive information through social media platforms and encourage you if you wish to discuss sensitive details to contact us through primary communication channels such as by telephone or email.

You are advised before using third party social sharing buttons that you do so at your own discretion and note that the social media platform may track and save your request to share a web page respectively through your social media platform account.

Further information can be found in our Data Protection and Privacy Notice.

SECTION 12 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 13 – PERSONAL DATA

Your submission of personal data through the services is governed by our Data Protection and Privacy Notice. Click here to view our Data Protection and Privacy Notice.

Upon Termination as per provisions herein, we shall delete all of your data, including personal data, with confirmation of such to you.

SECTION 14 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 15 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Service or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international or national regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 16 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all services delivered to you through the Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of fitness for a particular purpose, title, and non-infringement.

In no case shall Verde LED Limited, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some countries or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such countries or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 17 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Verde LED Limited and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable solicitors’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 18 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 19 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 20 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service, contracts with Organisations, and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 21 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Ireland.

SECTION 22 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 23 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@enware.team

SCHEDULE 1 – ACCEPTABLE USE POLICY

Introduction

By using the Services, you agree to the rules set out in this Policy. We will ask for your express agreement to the terms of this Policy before you upload or submit any Content or otherwise use the Services. You must be at least 18 years of age to use the Services; and by using the Services, you warrant and represent to us that you are.

General Usage Rules

You must not use the Services in any way that causes, or may cause, damage to the Services or impairment of the availability or accessibility of the Services.

You must not use the Services:

in any way that is unlawful, illegal, fraudulent, deceptive or harmful; or
in connection with any unlawful, illegal, fraudulent, deceptive or harmful purpose or activity.

You must ensure that all Content complies with the provisions of this Policy.

Unlawful Content

Content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

Content must not:

be libellous or maliciously false;
be obscene or indecent;
infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
infringe any right of confidence, right of privacy or right under data protection legislation;
constitute negligent advice or contain any negligent statement;
constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
be in contempt of any court, or in breach of any court order;
constitute a breach of racial or religious hatred or discrimination legislation;
be blasphemous;
constitute a breach of official secrets legislation; or
constitute a breach of any contractual obligation owed to any person.
constitute a breach of any data-protection regulation to any person.

You must ensure that Content is not and has never been the subject of any threatened or actual legal proceedings or other similar complaint.

Graphic material

Content must be appropriate for all persons who have access to or are likely to access the Content in question.

Content must not depict violence in an explicit, graphic or gratuitous manner.

Content must not be pornographic or sexually explicit.

Etiquette

Content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet.

Content must not be offensive, deceptive, threatening, abusive, harassing, menacing, hateful, discriminatory or inflammatory.

Content must not be liable to cause annoyance, inconvenience or needless anxiety.

You must not use the Services to send any hostile communication or any communication intended to insult, including such communications directed at a particular person or group of people.

You must not use the Services for the purpose of deliberately upsetting or offending others.

You must not unnecessarily flood the Services with material relating to a particular subject or subject area, whether alone or in conjunction with others.

You must ensure that Content does not duplicate other content available through the Services.

You must ensure that Content is appropriately categorised.

You should use appropriate and informative titles for all Content.

You must at all times be courteous and polite to other users of the Services.

Marketing and Spam

Content must not constitute or contain spam, and you must not use the Services to store or transmit spam – which for these purposes shall include all unlawful marketing communications and unsolicited commercial communications.

You must not use the Services to promote, host or operate any chain letters, Ponzi schemes, pyramid schemes, matrix programs, multi-level marketing schemes, “get rich quick” schemes or similar letters, schemes or programs.

You must not use the Services in any way which is liable to result in the blacklisting of any of our IP addresses.

Regulated Businesses

You must not use the Services for any purpose relating to gambling, gaming, betting, lotteries, sweepstakes, prize competitions or any gambling-related activity.

You must not use the Services for any purpose relating to the offering for sale, sale or distribution of drugs or pharmaceuticals.

You must not use the Services for any purpose relating to the offering for sale, sale or distribution of knives, guns or other weapons.

Monitoring

You acknowledge that we do not actively monitor the Content or the use of the Services. We operate on a notice and ‘take down’ basis.

Hyperlinks

You must not link to any material using or by means of the Services that would, if it were made available through the Services, breach the provisions of this Policy.

Harmful Software

The Content must not contain or consist of, and you must not promote, distribute or execute by means of the Services, any viruses, worms, spyware, adware or other harmful or malicious software, programs, routines, applications or technologies.

The Content must not contain or consist of, and you must not promote, distribute or execute by means of the Services, any software, programs, routines, applications or technologies that will or may have a material negative effect upon the performance of a computer or introduce material security risks to a computer.