Date : 19/01/2017
IT IS IMPORTANT TO CAREFULLY READ AND UNDERSTAND THESE GENERAL WEBSITE TERMS AND CONDITIONS OF USE. BY ACCEPTING THESE TERMS AND CONDITIONS, YOU AGREE TO COMPLY WITH THE TERMS AND CONDITIONS SET FORTH HEREINAFTER. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS AND YOU DO NOT WISH TO COMPLY WITH THEM, YOU MUST NOT ACCEPT THEM AND MAY NOT, AS A RESULT, USE THE SERVICES OFFERED BY THE COMPANY ON THE WEBSITE.
THE VALIDITY, INTERPRETATION AND PERFORMANCE OF THE GENERAL TERMS AND CONDITIONS IS SUBJECT TO FRENCH LAW. THEY ARE ORIGINALLY DRAFTER IN FRENCH. THIS TRANSLATION OF THE GENERAL TERMS AND CONDITIONS IS FOR INFORMATION PURPOSE. ONLY THE FRENCH TEXT WILL BE CONSIDERED AUTHENTIC IN THE EVENT OF A DISPUTE.
(A) These general website terms and conditions of use dated November 3rd, 2015 (hereinafter referred to as the “General Terms and Conditions”) set forth the terms and conditions applicable to access to the Services offered on the Site.
(B) The Site is the exclusive property of 0 ECOIMPACT a simplified French corporation (société par actions simplifiée) with share capital of € 8066, whose registered office is located at the Hotel Technologique, 45 Rue Joliot Curie, 13382 MARSEILLE, registered with the Marseille Trade and Companies Registry under number 814 080 552 (hereinafter referred to as «0 ECOIMPACT »). The name of the Company is also used as a trade name, as the name of the electronic Internet platform and to refer to the Services offered on the Site to Members.
(C) The purpose of the Services offered by 0 ECOIMPACT is (i) to enable the intermediation between the Project Holders and the Users using the Internet platform managed by 0 ECOIMPACT in order to facilitate Donations and promote the Projects presented on the Site, (ii) to link the Users with the ecofriendly solutions proposed by the Partners (iii) to enable Users, Associations and Companies to propose and join Local Projects.
2. DEFINITIONS AND INTERPRETATIONS
For the purposes hereof, capitalized terms shall have the meaning given thereto below, unless the context requires otherwise:
“Actions Points” means the environmental unit earn by the User on the Web Site for each Donation, environmental volunteering or any other ecological investment proposed on the Web Site;
“Ambassador” means any User with projects or networks that could profit to the Projects and Local Projects of the Web Site;
”Association” means any non-profit environmental foundation or association subject to the French Law of July 1st, 1901 ;
”Association Account” means the account of a Association on which it can submit Projects ;
“Company” or “Partner” means any public or private law legal entity (other than an Association) ;
“Company Account” means the account of a company on which it can access to all the Services proposed by 0 ECOIMPACT;
“Donation” means any amount in cash collected by Project Holders using the Site from Users or Sponsors to finance any Project referenced on the Site;
“Force Majeure” means any fire, flood, natural event or other natural disaster, any declaration or progression of hostilities, war, riot or public disturbance, act or failure to act by a government or authority, breakdown, interruption, failure or change in telecommunications facilities or networks, or any other cause, whether or not similar to those listed above, outside the reasonable control of a party to an agreement that results in a breach or delay in the performance of its obligations under an agreement ;
“General Terms and Conditions” means these general terms and conditions for site use applicable to Visitors that may be viewed on the Site by any Visitor and which said Visitors must accept in order to become a Member or a User;
“Indirect Donations” means the Donations made by a Company when it proposes to transform the Actions Points of the Users into new Donations on the Web Site;
“Invested Time” means the support the User can bring to a Local Project by participating as a volunteer;
“Individual” means any natural person at least 18 years of age on the date of his registration on the Site who is fully legally competent under the law applicable thereto;
“Intellectual Property Rights” means all intellectual property rights as specified in the French Intellectual Property Code and international agreements, in particular, copyrights, the related rights of performing artists and producers of sound recordings and video graphics, trademark rights, patents, trade names (including Internet domain names and e-mail addresses), moral rights, rights to any models, rights to any databases, and know-how, whether registered or not and whether or not it is eligible for registration, in any jurisdiction in the world ;
“Local Project” means any Project proposed by an User, an Association or a Company that will be referenced on the Local Project page in order to get Invested Time from the Users;
“Organizer” means the User, Ambassador, Association or Company which proposed a Local Project on the Web Site in order to gather Invested Time from the Users;
“Party” means, as appropriate, 0 ECOIMPACT, an Enterprise, an Ambassador and/or any Member that has accepted the General Terms and Conditions, and “Parties” means all of them;
“Personal Account” means the account (including the user name and password selected by the User) and the personal space that is reserved for each User registered on the Site that contains information on that Member, as well as its Actions Points;
“Project” means any for- or non-profit initiative of a Project Holder that is published on the Site in accordance with the General Terms and Conditions and accepted by 0 ECOIMPACT;
“Project Holder” or “Project Creator” means any Enterprise, Association or Individual registered on the Site for the purpose of submitting and promoting one or more Projects that will be open to Direct Donations and Indirect Donations with the support of the Donations from Users collected using the Site;
“Rewards” means the gifts or promotions proposed by a Company to the Users in exchange for their Actions Points on the Web Site;
“Services” means the services offered by 0 ECOIMPACT, in particular, (i) the intermediation between Project Holders and Users or Sponsors using the Internet platform managed by the Company to facilitate their interaction and promote the Projects described on the Site, (ii) the collection of Donations using the Site to allow Users or Sponsors to support Projects, (iii) propose or join Local Projects, (iv) discover and edit promotions in order to buy an ecofriendly solution or alternative;
“Sponsor” means an institution, organization or company that is supporting projects referenced on the Web Site. It could be financial support or visibility support;
“User” or « Member » means (i) a person who would like to support one or more Projects described on the Site by contributing Donations to Project Holders, propose or join a Local Project or/and discover the ecological solutions proposed on the Web Site (ii) a corporation that would like to make Donations or propose and join Local Projects and earn Actions Points;
“Visitor” means any person who visits the Site to view the content and information published on the Site without being registered or prior to registration on the Site as a Member;
“Web Site” or “www.zero-ecoimpact.org” means the community Web Site which is the exclusive property of the Company, the purpose of which is to, inter alia, allow Project Holders to promote their Projects and to allow Users to support completion of Projects through the Donations collected using the Site;
«ZERO ECOIMPACT » or « 0 ECOIMPACT » means the company 0 ECOIMPACT a simplified French corporation (société par actions simplifiée) with share capital of € 8066, whose registered office is located at the Hotel Technologique, 45 Rue Joliot Curie, 13382 MARSEILLE, registered with the Marseille Trade and Companies Registry under number 814 080 552.
Unless expressly provided otherwise or if the context requires a different meaning:
(i) unless specified otherwise, references to recitals and articles herein refer to the recitals and articles of the General Terms and Conditions;
(ii) plural terms include the singular and vice versa;
(iii) references to a person implicitly refer to any transferees of its/his business and to its/his successors, heirs or assigns;
(iv) references to a legal provision include, if appropriate, any amendment or new promulgation of said provision, as well as any legal or regulatory instrument or order related to said provision or its new promulgation; and
(v) references to a document designated herein, as it may be amended, replaced through notation, or supplemented.
The purpose of the General Terms and Conditions is to specify the terms and conditions for 0 ECOIMPACT to provide the Services on the Web Site in order to enable (i) Project Holders to promote the Projects presented on the Web Site, (ii) Users and Sponsors to invest in Projects through the Web Site, (iii) Parties to propose and join Local Projects in order to act locally and (iv) enable Partner Companies to present their ecological solutions and alternatives to the Users.
Service access terms and conditions are described in Articles 4 and 5 of the General Terms and Conditions.
4. WEB SITE AVAILABILITY SERVICE
4.1 Ownership of the Site
0 ECOIMPACT developed and launched the Web Site www.zero-ecoimpact.org
All Intellectual Property Rights relating to all software, updates, new versions and copies of said software made available to Members over the Site are, and shall remain, the property of 0 ECOIMPACT or its transferees, successors or assignees and no title related thereto shall be considered as transferred to Users hereinafter.
0 ECOIMPACT hereby grants to Users, who accept, a non-exclusive, non-assignable right, for the term of validity hereof, to access and use the Web Site solely for the purposes of the Services described herein.
Users, Associations and Companies acknowledge that any information related to the Web Site, other than Web Site contents, is the exclusive property of 0 ECOIMPACT, which is the sole holder of the title and rights to the Site, and which updates and maintains it.
The duplication right under the French Intellectual Property Code only covers display on a single screen and is strictly reserved for private use. Any reproduction, distribution or publication of the contents for commercial or multi-person use without 0 ECOIMPACT's prior, written authorization is prohibited.
Use of a link mechanism is authorized when the pages linked from the Web Site appear in a complete, separate window with their respective addresses.
No User may use the Web Site for commercial purposes or, in general, offer the products and services as consideration for direct or indirect compensation; Users shall be prohibited from "reselling" or making available access to the Site and the Services to a third party and/or other User, for consideration and/or at no cost; Users shall be prohibited from publishing any advertising, promotional or sponsorship message for which the User receives any form of compensation whatsoever.
4.2 Site Accessibility
The Web Site may be accessed, to the extent possible, 24 hours a day, seven days a week. Although 0 ECOIMPACT has taken all necessary steps to ensure the reliability of the information, software and Services contained on the Web Site, it may not hold liable for errors, omissions, viruses or results that may be generated by, or be the consequence of, the improper use thereof.
0 ECOIMPACT may not be held liable for technical problems or incidents that may occur that cause a risk of data loss. 0 ECOIMPACT is only subject to an obligation to make resources available.
Users represents and warrants that it fully understands the characteristics and limitations of the Internet.
Users are solely responsible for the equipment (computers, software, electronic communication resources, etc.) that allows access to the Services provided by 0 ECOIMPACT, as well as for the electronic communication expenses caused by the use thereof.
The General Terms and Conditions apply (i) with respect to Visitors: from their connection to the Web Site until they leave the Web Site, and (ii) with respect to Users: from the creation of their Personal Accounts until they are closed.
In general, each Visitor is subject to an obligation to (i) comply with applicable laws and regulations, (ii) treat 0 ECOIMPACT and other Visitors fairly, (iii) comply with the Intellectual Property Rights related to the content provided by 0 ECOIMPACT and Users on the Site, (iv) only provide true and accurate data regarding his civil status and personal contact information, and (v) not assume any undertaking on behalf of a third party.
If any of the conditions for Web Site access or use of the Services offered on the Web Site is violated, 0 ECOIMPACT reserves the right to suspend Web Site access and use of the Services by the respective Users and Visitors. Continuous or repeated violations entitle 0 ECOIMPACT to terminate the present terms with respect to the concerned Users and Visitors, effective immediately.
4.3 Member Registration and Identification
Visitor may register on the Web Site and become a User by completing all of the mandatory fields on the registration form available on the Web Site, or by connecting via Twitter, LinkedIn or Facebook. Individuals, Companies and Associations are eligible to create an account on the Web Site.
After registration and creation of a Personal Account or a Company Account on the Site, Users and Companies may contribute Donations in order to support one or more Projects presented by Project Holders on the Web Site, propose and join Local Projects on the Web Site, propose and discover ecological products.
In order to become a User, a visitor must read and accept the General Terms and Conditions (which may be viewed at any time on the Site). A Company and a Association must accept the General Term and Conditions to create any Company Account or Association Account.
When the conditions necessary for registration have been met, Users will be assigned an ID (“login”) and password that are strictly personal and confidential and which must not be disclosed or shared with third parties. This information allows access to each User's Personal Account.
In the event of the distribution or use of these items inconsistent with their purpose, 0 ECOIMPACT may terminate access to the Personal Account. The User shall remain solely liable for the use of these identification items by third parties and for actions or statements made using their Personal Accounts as a User, whether unauthorized or not. The User shall indemnify and hold harmless 0 ECOIMPACT against any claims in this regard.
If a User would like to sponsor a friend and provide 0 ECOIMPACT with that person’s contact information, such Member hereby agrees to first obtain that person's express consent to allow 0 ECOIMPACT to process personal data; such data will be used solely to send to this friend, in the name and on behalf of the User that gave 0 ECOIMPACT contact information, an e-mail message that will provide such friend with information on 0 ECOIMPACT and the Services offered on the Site. The User shall provide any such information voluntarily, freely and under their sole responsibility and shall so inform 0 ECOIMPACT.
4.4 The User's Personal Data
(a) Data Collection
0 ECOIMPACT shall protect the personal data and private life of its Users. Accordingly, the Web Site has registered with the French National Data Protection Committee (Commission Nationale de l'Informatique et des Libertés) under the registration number 18983768.
Only persons that have clearly completed the form containing all of the information requested on the Web Site, that have a valid e-mail address and that agree to these General Terms and Conditions may become Users and have a Personal Account on the Site. The Users shall duly complete the registration form in good faith by providing accurate information to 0 ECOIMPACT, which may terminate this registration at any time and without notice if any User violates said obligations.
Registration is necessary to fully benefit from the Services offered on the Web Site. 0 ECOIMPACT may also request additional information from its Users for specific activities such as games, polls or promotional offers.
The purpose of collecting personal information when a User registers is to allow access to the Services available on the Web Site.
0 ECOIMPACT and any technical entities that participate in providing the Services offered on the Web Site will be the sole recipients of the personal information collected in order to develop Web Site use statistics and improve the conditions for providing the Services.
The User agrees and authorizes 0 ECOIMPACT to transfer its personal information to Project Holders (other than information related to payments using the Web Site, the security of which is ensured in accordance herewith), periodically and to the extent necessary, to support the Projects described on the Web Site to, inter alia, allow Project Holders to receive Donations from Users and to be able to directly send them any information and available tax receipts.
In addition, 0 ECOIMPACT may have to disclose personal data that when it is necessary to identify, question or take judicial action with respect to any individual who damages or infringes on (intentionally or otherwise) the rights or ownership of 0 ECOIMPACT, other Users or any other person by such activities.
(b) Confidentiality of Personal Data of the Users
No information transferred by the User when creating its Personal Account is visible to other Members, except for the Name and profile picture or logo. The other information are protected by a user name and password so that only a Member has access to its personal information.
The password is personal and confidential. The User is solely responsible for the use of its password. The User agrees to keep its password secret and not to disclose it in any form whatsoever.
The User is legally liable for the use of its Personal Account, including for use of its Personal Account by third parties. Users agree to immediately notify 0 ECOIMPACT of any unauthorized use of its Personal Account or any other violation of confidentiality. In any event, the User is not authorized to transfer its Personal Account, or access rights to its Personal Account to third parties.
0 ECOIMPACT will never request a User to disclose its password in an unsolicited telephone call or e-mail. Furthermore, the User must not forget to disconnect from its Personal Account or close navigator windows after completing work sessions. The User must also ensure that other Users do not access its personal information if it shares a computer with other persons or work at public locations such as libraries or cyber cafes.
0 ECOIMPACT agrees to exercise its best efforts to take the appropriate technical and organizational steps to protect personal data.
In addition, web sites that have hypertext links on the Web Site may collect personal information on Users. The information policies of these sites are not covered by the General Terms and Conditions.
(c) Access to and Modification of the User’s Personal Data
Under Data Protection Act No. 78-17 of January 6, 1978, as amended by Act No. 2007-801 of August 6, 2004, each User has a right to access, correct and challenge personal data related to him. Therefore, a User may require any data related to it to be corrected, completed, clarified, updated or erased if it is incorrect, incomplete, ambiguous or out-of-date.
To exercise their modification rights at any time, a User must go to its Personal Account on the Web Site using its login and password. A User may delete its Personal Account by sending an e-mail with its user name and password to 0 ECOIMPACT at the following address: [email protected]
A "cookie" consists of a small amount of data sent to your navigator by a web server, which is stored on the hard disk of your computer. One or more “cookies” may be anonymously placed by 0 ECOIMPACT on your computer’s hard disk. These cookies do not contain private information or information that could allow the Visitor to be identified. They simply allow the Company to constantly improve the Services offered on the Site by accessing its contents, recognize the Visitor when he connects to the Web Site and facilitate Web Site management, and they may be used for statistical purposes (pages viewed, date and time viewed, etc.).
Visitors will be informed that they may reject cookies by following the procedure described in their navigator. Nevertheless, in such event, use of the Web Site could be changed.
4.6 Liability for Content
All information provided by a User pursuant hereto is accurate and current in all material aspects on the date it was provided or, if appropriate, on the date to which it relates.
The User shall indemnify and hold harmless 0 ECOIMPACT against any recourse by any person (including by Users, Visitors, and, in general, third parties) related to copying or broadcasting said contents and information.
The User agrees not to violate any legal, regulatory or administrative provision applicable to them the non-compliance with which would affect its ability to comply with its obligations hereunder. In particular, the User shall have all rights with respect to the content and information provided to 0 ECOIMPACT and Visitors.
The User hereby agrees to comply with all laws, regulations, contracts and other documents applicable thereto if non-compliance could materially affect their capacity to perform their obligations hereunder.
5. INTERMEDIATION SERVICE AND SERVICE PROVIDER AND ORGANISATION
5.1 Presentation and Associative Projects
Within the scope of the Services offered on the Site, Project Holders and Organizers may submit to 0 ECOIMPACT, for publication on the Site, a description of the type, goals, main characteristics and timeline of the Projects and Local Projects they intend to develop with the support of the users or Sponsors in accordance herewith.
To be considered by 0 ECOIMPACT for promotion on the Web Site, the Project description must specify, inter alia, the objective of the Fund raising and Figures that characterizes the project : measurable units in which Users can invest in, donations or investments required for a unit, ecological interest and all the means for the follow-up of the project to ensure that Donations from Sponsors and Donor are used properly and accordingly to the planning of the project. The Project Holder commits to furnish all documents to Zero ecoimpact in order to justify those figures.
To be considered by 0 ECOIMPACT for the promotion on the Web Site, the Local Project description must specify the objective, the date and the location of the Local Project.
The description of Projects by the Project Holder, once validated by 0 ECOIMPACT and registered on the website in accordance herewith, can be modified via the account of the Project Promoter. Any modifications on the Name, Units or the amount of donations per unit must be done by sending an email to 0 ECOIMPACT.
Any modifications of the project within the period of crowdfunding must be justified. The Project Holder commits to alert 0 ECOIMPACT without any delay if the quantifiable objectif defined by the project cannot be achieved regarding the amount of Donations and Investments donated by Users. The failure to fulfill the objectif must be justified to 0 ECOIMPACT, the Users and Sponsors.
Project Holders commits to give to 0 ECOIMPACT all figures and documents regarding the impact and the results of the project at least once per year by simple request from 0 ECOIMPACT.
Project Holders must ensure that they hold all rights necessary to publish the Project on the Web Site and that they comply with all laws and regulations applicable to the design and completion of the Project. In particular, Project Holders may not submit Projects (i) in violation of applicable laws and regulations, (ii) that may be harmful to human dignity or private life, (iii) that are contrary to good morals, or (iv) that incite or constitute an illegal or any other activity that violates the rights of 0 ECOIMPACT, the parties with which it has contracted, Visitors, Users or, in general, any third party.
Project Holders are fully responsible for the description of Projects published on the Site and must ensure, inter alia, that this description does not mislead Visitors. Project Holders acknowledge that they could be held liable to 0 ECOIMPACT and Visitors for providing misleading, incomplete or incorrect information and that they are fully liable for the consequences of any omission or negligence in this regard.
The Projects description are updated by the Project Holder from its Account.
5.2 Promotion on the Site
As of the date the detailed Project proposal is provided by a Project Holder by email, 0 ECOIMPACT has five (5) Business Days to approve the description of a Project submitted by the Project Holder. If it does not approve the Project, the Company shall, within the said period, notify the Project Holder of: (i) its refusal, without having to provide an explanation, or (ii) its request to change the parameters of the envisaged Project as specified in the General Terms and Conditions. In such event, if approval is not given within thirty (30) Business Days after the notice given to the Project Holder, the Project will be deemed finally refused by 0 ECOIMPACT.
The Projects published on the Site are indexed in Personal Accounts and each Project Holders may describe an unlimited number of Projects to Site Visitors and, if appropriate, by e-mail.
Visitors and Users may view the Projects and contents provided by the Project Holders in their Personal Accounts at no cost. Users may be notified that a Project has been added in an informational e-mail sent to them by 0 ECOIMPACT.
Project Holders hereby agree that the contents and information provided may be used freely by 0 ECOIMPACT and Visitors in connection to a Project.
Accordingly, Project Holders hereby grant to 0 ECOIMPACT the right to (i) use, in connection with 0 ECOIMPACT’s marketing and promotion of the Web Site, the names of the Project Holders whose Projects are listed on the Web Site, as well as the names and characteristics of the Projects, for the term hereof, and (ii) copy and have copied the contents and information provided on the Internet sites if these activities are conducted in connection with the promotion of a Project.
Further, Project Holders expressly agree that the contents and information provided may be used on the Web Site with the trademarks or logos of 0 ECOIMPACT's advertising partners and sponsors.
5.3 Realization and monitoring of the Projects
During the realization of the Projects, Project Holders agree to provide 0 ECOIMPACT and Users information on the completion of the Projects.
0 ECOIMPACT is not responsible for the actions of Project Holders, who remain solely liable for their Projects completion and use of the Donations received from Sponsors and Users through the Web Site.
Project Holders are solely liable for collecting the Donations that they arrange using the Web Site. As a result, any risks involved in the development and conduct of Projects, as well as any delays and cancellations, shall be assumed in full by Project Holders. If a Project is not completed according to the amount of Donation received through the Web Site, the Project Holder engages (i) to reimburse the Users or Sponsors who invested in the Project or (ii) invest those Donations in another Project to fulfill its objective with this new Project.
Project Holders warrant and agree to indemnify the Company and hold it harmless against any damage suffered thereby, as well as to protect it against any liability claim that may be filed against 0 ECOIMPACT by a User, Visitor or, in general, any third party, for violation of any right whatsoever due to the publication of a Project on the Web Site or the completion of a Project described on the Site.
5.4 Local Projects
Local Projects can be submitted by any Party on the Web Site. The Party who submits the Local Project becomes Organizer. The User, the Association or the Company submitting a Local Project must precise the aim, the type, the Date and the Localization of the Project. If the Local Project is validated by 0 ECOIMPACT, 0 ECOIMPACT creates a Facebook event linked to the Local Project. The Local Project is then referenced on the Web Site and opened to any Party willing to participate.
The Organizer becomes the Legal Responsible of the event and assumes all responsibility of the organization and the completion of the Local Project, without 0 ECOIMPACT liability being incurred
On the date of the Project, the Organizer receives identifications to connect to the platform www.zero-ecoimpact.org/event and inscribes the volunteers who participate to the event by entering their email address. The volunteers will receive 50 Actions Points per half-days participating. The Organizer earns 200 Actions Point for organizing the event if the event is a success.
6. DONATION COLLECTION AND MONITORING SERVICES
6.1 Donation Collection
When registering on the Site, Project Holders may elect to generally solicit Donations to finance one or more of their Projects described on the Web Site. Based on this information available on the Site, Users may select the Project Holders to which they will make Donations to and, when appropriate, make Donations for one or more Projects as described below.
Users are entirely free to determine the amount of their Donations and the Project they invest in.
Users declare that the source of the funds they use on the Site is not illegal, and undertake not to use the Web Site for any illegal or fraudulent activity, including money laundering.
Donations by Users may not be interpreted as constituting any contractual link whatsoever between the User and 0 ECOIMPACT; the Web Site is solely an intermediary between Project Holders and Users for the purposes of the promotion of Projects.
As a result, the obligations accepted hereunder are the sole obligations of 0 ECOIMPACT with respect to Users and Users may not attempt to hold 0 ECOIMPACT contractually liable if a Project Holder breaches its obligations.
The User or the Sponsor earn 4 Actions Points (Actions) for one (1) euro donated or invested in a Project through the Web Site.
6.2 Payment of Donations and Investments
Payment of Donations are made using one of the payment methods proposed for the relevant Project, for example a credit card and/or any other payment method already proposed on the Site or subsequently integrated into the service.
0 ECOIMPACT will receive a 6% commission all tax included for each Donation received by the Project Holder from a Sponsor or Donor brought by 0 ECOIMPACT.
For every Donation, transaction fees from our partner STRIPE will be added automatically to the Donation. These transaction fees will be paid by 0 ECOIMPACT.
6.3 Payment Methods
0 ECOIMPACT choose STIPE for online transactions.
0 ECOIMPACT can choose to apply all verifications necessary to ensure the identification of the Users. The User engages to give 0 ECOIMPACT all the necessary information to prove his identity when necessary and update its information when necessary.
The Users agrees to let 0 ECOIMPACT verify its identity and pause any transaction if necessary. 0 ECOIMPACT is enabled to pause or cancel a transaction if information about the object of the transaction is lacking. The User is informed that a transaction can be notified to the TRACFIN in case of suspicion.
Therefore, according to the article 226-13 and 226-14 of the French code pénal, 0 ECOIMPACT cannot be pursued
Therefore, no pursue based on the articles 226-13 et 226-14 of the French code pénal and 0 ECOIMPACT, its teams cannot be pursued for liability.
6.4 Donations Invoicing
0 ECOIMPACT does not receive a commission from Donators on the Donations collected, but only from the Project Holder. The amount displayed on the website include secured bank transaction fees.
Commissions are paid directly to ZERO ECOIMPACT when the Donation is made to finance a Project via the payment platform as follow:
3% + 0,25€ of transaction fees are added to Donations. These transaction fees and the 6% commissions are paid to 0 ECOIMPACT, and 0 ECOIMPACT pays off the transaction fees.
94% of the initial Donation from Sponsors and Donors is directly paid to the Project Holder.
6.5 Donations Monitoring
0 ECOIMPACT hereby agrees to inform each Project Holder of the amount of each Donation made thereto, the payment date of the Donation and, when appropriate, the personal data of the User or Sponsor. Project Holders can monitor the Donations received on their STRIPE account.
The Site shall provide Users and Sponsors with the information received from Project Holders regarding the supported Projects, as well as, when appropriate, the completion and results of the Projects financed by Users and Sponsors.
6.6 Donations Cancelling
When a donation is made on the Web Site, the Donation will be irrevocably deemed paid to the Project, as changed, unless the payment is rejected when the User's or the Sponsor's bank account is debited.
If the User or Sponsor wants to cancel a Donation, the User have to contact the Project Holder. The Project Holder decide to cancel the Donation or not. If the Association agrees, it can cancel the Donation directly from its STRIPE account. The Actions Points earned by the User or Sponsors on the canceled Donation are cancelled too.
6.7 Tax Receipts
Each User or Sponsor must pay any tax applicable or related amount, both on Donations collected using the Site as a Project Holder or on Donations contributed by Users to support a Project.
Project Holders are responsible for calculating and providing directly to User any tax receipts that certify the Donations made using the Site. Each User must verify his eligibility to benefit from a tax deduction on all or part of the Donations made using the Site in accordance with the applicable provisions of French law. Any claim related to the provision of the defined tax receipts and the information contained therein must be sent directly by the User to the Project Holder.
7.ACTIONS POINTS MODALITIES
Users, and in some case Sponsors, can be rewarded for its investments and Donations with Actions Points, that he can trade for ecological Rewards from Partners or new Indirect Donations.
7.1 Uses of the Action Points
Action Points have two (2) uses: (I) they can be cumulated as a score, called Score, and they can be traded for Rewards or new Donations, a number of Action Points called Remaining Actions Points.
The Score is the sum of the Action Points cumulated by the User. The Remaining Action Points is the sum of the Actions Points cumulated by the User minus the Actions Points used as Rewards or new Donations.
7.2 Earn Action Points
Action Points are earned when the User Donate to a Project Holder to finance a Project, when a User becomes a volunteer on a Local Project, when he gets involved in an ecological Association or when he buys an eligible ecological solution or alternative.
For one euro (1€) Donated to a Project through the Web Site, the User or Sponsor earns 4 Action Points.
For each half-day of Invested Time on a Local Project, the User earns 50 Action Points.
For each Local Project organized and completed, the Organizer earns 200 Action Points.
For each Local Project organized by a firm, the firm earns a number of Action Point corresponding to the Local Project organized and the grid defined by 0 ECOIMPACT.
For each purchase of eligible ecological solution, the User earns a number of Actions Points corresponding to the product.
In the case of Actions Points earned thanks to a purchase, the User upload the invoice in his Personal Account and the purchase must be validated by 0 ECOIMPACT. The name of the User must be the name on the invoice.
Companies also earn Action Points by Donating to Projects. Companies can convert their Action Points into rewards for companies in the Reward section.
7.3 Transform Action Points into Rewards and propose Rewards
The User can transform his Remaining Actions Points from his Personal Account in a Reward. The User can choose his reward from the list proposed on the page “Transform into reward” from his Personal Account in the form of promotional codes or price reduction on a solution.
The Partner Company can propose and manage Rewards from its Company Account. The Company is free to propose its Reward for the Actions Points price they want.
When the User choose a reward, he receives a unique promotional code edited by 0 ECOIMPACT. The code must be presented to the Partner to receive the Reward associated to the code. The Partner engages to validate the code on 0 ECOIMPACT's platform. The access to the platform is secured by a username ad a password for each Partner.
Rewards are submitted to acceptation by 0 ECOIMPACT. A Reward proposed by a Company can be declined if the Product is not an ecological solution. The Users are entitled to ask for a Reward to be deleted from the list if they consider that the Reward or the Company that proposes it does not match with the conditions of the company’s chart.
7.4 Transform Actions Points into Indirect Donations and propose Indirect Donations
The partner Company can transform the User Actions Points into Donations to a Project Holder, which make it a Sponsor. In its Company Account, the Company choose a Donation to one of the Projects propose on the Web Site, a number of Actions Points that the User will have to spend for this Indirect Donation, and the maximum the Sponsor agrees to donate each month.
The User transform its Actions Points into Indirect Donations in his Account by choosing the Sponsor and the Donation proposed by the Sponsor, until the sum of the Indirect Donations reach the maximum choose by the Sponsors. The User can transform its Actions Points into Indirect Donation as many times as he wishes as long as he has enough Actions Points and as long as Sponsors propose Indirect Donations.
Each month, the Sponsor is informed of the total of Donations he has to realize to the Project Holder, according to the sum of the Indirect Donations made by the Users on the Web Site. The Sponsor make the Donation on the Web Site, in a one (1) month delay.
The Project Holder can refuse Indirect Donations from a Sponsor without justification, by requesting it in an email to 0 ECOIMPACT.
7.5 Share Actions Points
Parties can share their Actions Points Score on social networks or other Web Sites by using the tools proposed by 0 ECOIMPACT on the Web Site. The Parties engage to share their actual Score. If the Score displayed by the tools are different from their actual Score due to a error, the Party engage to warn 0 ECOIMPACT in order to solve the problem.
7.6 Receiving Action point by purchasing solutions
Earning Action points for a user or a company when purchasing a partner’s solution is (I) credited by the Partner itself in the validation of the purchase or of the order via the dedicated partner’s plateform https://partners.zero-ecoimpact.org . The Partner connects to the platform with its company account ID defined in the Settings, and then rewards its Client by registering the Client’s email, the purchased solution and an invoice.
The Partner commits to give points to their clients only when their purchases are validated and only when purchasing environmental solutions that have been accepted by 0 ECOIMPACT. Any unjustified points given or abuses will be sanctioned by the blocking of the partner’s account.
7.7 Influencer features
A User (particular) can ask to become Influencer in his user account, section “My tools”. To become Influencer, the User must provide a link of one of his website or social networks that he would like to promote. An I.D. can be requested if necessary by 0 ECOIMPACT to attest the Influencer’s identity.
The request is then sent to 0 ECOIMPACT that validate the request. 0 ECOIMPACT can accept or refuse a demand without justification. If the request is accepted, the User becomes Ambassador.
The Influencer agrees to be referenced on the "Influencer" section of the ranking on Zero ecoimpact website with the following information:
-First Name and Last name
-Website / link attached
-His number of Actions Points accumulated
The Influencer agrees to be referenced on the dedicated Ranking page
c) To quit the Influencer Status
8. VALIDITY, MODIFICATIONS AND TERMINATION
8.1 These General Terms and Conditions shall enter into effect as soon as they are published on the Web Site and remain in effect until modified in whole or in part by 0 ECOIMPACT. 0 ECOIMPACT reserves the right to unilaterally modify the General Terms and Conditions at any time. 0 ECOIMPACT shall inform Users of changes by e-mail and shall request them to give their consent to the changes. Each use by the User of the Services offered on the Site constitutes acceptance thereby of the most recent version of the General Terms and Conditions published on the Web Site.
8.2 These General Terms and Conditions may be terminated by operation of law by:
(a) Users at any time and without notice;
(b) Project Holders at any time with thirty (30) days notice;
(c) 0 ECOIMPACT, with thirty (30) days notice, if Web Site access or Service provision is interrupted at any time; and
(d) by 0 ECOIMPACT, if any User, Company or Project Holder violates the undertakings accepted in these General Terms and Conditions that is not resolved within seven (7) days after the notice of the violation sent by 0 ECOIMPACT.
Notwithstanding any such termination, Projects and the related Donations collected using the Site, will continue their action and the Company and Members hereby agree to comply with their respective undertakings in accordance herewith.
8.3 As of the effective termination date of the Site registration or access to the Services, the ability to display contents related to the Party in question, as well as the promotion of his Projects published in the past on the Site, will be immediately withdrawn and the Party in question may no longer access his Account on the Site.
9. LIABILITY OF 0 ECOIMPACT
(a) 0 ECOIMPACT shall take the utmost precautions with respect to Web Site operation and maintenance and, for that purpose, shall only use information and technical resources that seem to it to be reliable. However, 0 ECOIMPACT does not warrant error-free and uninterrupted operation of the Web Site, or the accuracy or currency of its content. 0 ECOIMPACT expressly declines any liability in this regard. In addition, 0 ECOIMPACT may change the content and functionality of the Web Site without notice and, as a result, requests other Parties to regularly visit it. Unless expressly specified otherwise, any new characteristic that improves or increases one or more current Services and any new Service launched by 0 ECOIMPACT on the Web Site will be subject to the General Terms and Conditions.
(b) 0 ECOIMPACT may not be held liable, except in the event of gross negligence or fraud, for any act or omission, nonperformance, partial performance or delay in performance of its obligations related to any damage or loss suffered directly or indirectly by Party due to the action or omission of another Party or any other person bound thereto.
(c) 0 ECOIMPACT may not be held liable to User or any third parties for any deterioration, suspension or interruption of the Services due to Force Majeure, the actions of a User or third party, or the inevitable risks that may arise in connection with the technical aspects and complexity of the Services.
(d) Users are solely liable for all contents that they transfer to the Site and for the resulting consequences. Accordingly, Users warrant that they will not transfer contents that violate Intellectual Property Rights, harm persons (by, in particular, defamation, insults, personal attacks, etc.), damage private life, harm public order and good morals (in particular, justification for crimes against humanity, encouragement of racial hatred, child pornography, etc.). The transfer of said contents is strictly prohibited. If applicable laws, good morals or these terms and conditions of use are violated or for any other reason, broadly interpreted, 0 ECOIMPACT reserves the right to exclude User who are guilty of such violations, for a limited time or permanently, and delete the information and references to said information.
(e) 0 ECOIMPACT shall try to ensure that the Web Site may be accessed 24 hours a day, seven days a week, but it is not bound by any obligation to achieve any particular result (obligation de result). Therefore, 0 ECOIMPACT may suspend access to the Web Site for, inter alia, maintenance and upgrades. Access may also be interrupted for any other reason. 0 ECOIMPACT may not in any event be held liable for such interruptions and the consequences thereof for Users or any third parties. In addition, 0 ECOIMPACT may terminate or change the characteristics of the Web Site at any time without notice. In no event may 0 ECOIMPACT be held liable for data loss or damage. No information or advice provided by 0 ECOIMPACT may be interpreted as any warranty whatsoever. In addition, hypertext links may lead to external web sites managed by third parties. 0 ECOIMPACT has no control over these web sites and assumes no liability with respect to their content.
(f) 0 ECOIMPACT will make available to Users, inter alia, a discussion forum on the Projects described by Project Holders.0 ECOIMPACT assumes no liability for the opinions, reports, advice, texts or any other content exchanged in connection with its Services.
(g) 0 ECOIMPACT is not required to take or refrain from taking any action that would violate, or that would, in its reasonable opinion, force it to violate, any law, regulation or confidentiality obligation.
(h) 0 ECOIMPACT may not in any event be held liable for any damage whatsoever, whether for contractual liability, in quasi-tort or on any other basis, due to any act committed or any fact that arose after the expiration date or termination hereof.
(i) 0 ECOIMPACT has no obligation to advise Users. In this regard, 0 ECOIMPACT may not be held liable in any manner for the consequences of the contribution of Donations. In particular, 0 ECOIMPACT will not issue any recommendation or opinion on the tax impact for Users and Project Holders. Each User must obtain information on its tax obligations arising as a result of the contribution and collection of Donations.
10.1 Type of Notice
Any notice, request or communication issued in performance of the General Terms and Conditions must be issued in a written document sent by any means to the party in question.
Any notice, request, communication or document to be issued by one Party to another Party in the performance hereof must be issued in accordance with the information provided below:
(a) To 0 ECOIMPACT : 0 ecoimpact, Hôtel Technologique, 45 Rue Joliot Curie, 13382 Marseille. E-mail address: [email protected]
(b) To Members: At the address, telephone number, e-mail address, department name or name of the person indicated by the Member on his/its Personal Account.
10.3 Notices shall be deemed properly served:
(a) by certified letter, return receipt requested: on the date of the first presentation of the certified letter by the post office; the date stated on the receipt will be binding as to the date;
(b) by personal delivery: on the date stated on the receipt signed by the addressee or any whatsoever of its employees or agents, and
(c) by electronic communication: on the date stated on the sent message, provide that a legible receipt is available.
If one or more provisions of the General Terms and Conditions are declared null and void, the validity of the remaining provisions hereof shall not be affected any manner.
The provisions that have been declared null and void will, in accordance with the spirit and purpose hereof, be replaced by other valid provisions which, in light of their scope and to the extent allowed by law, are similar to the provisions declared null and void.
11.2 Entire Agreement
Unless otherwise specified, the General Terms and Conditions completely and exclusively set forth all terms applicable to the purpose hereof and supersede all prior negotiations, communications, representations and undertakings, whether verbal or written, between the Parties with respect to the subject matter hereof.
11.3 Independence of Users
Users use the Web Site and the Services offered on the Web Site totally independently and their registration on the Web Site and the collection of the Donations does not create, with 0 ECOIMPACT, any subordinate relationship, agency, de facto company or joint venture, or representation relationship.
0 ECOIMPACT reserves the right to assign to any third parties of its choice all or part of its rights and obligations under these General Terms and Conditions, which Users accept without qualification.
12. APPLICABLE LAW – DISPUTE RESOLUTION
12.1 The validity, interpretation and performance of the General Terms and Conditions is subject to French law. They are drafted in French. If they are translated into one or more languages, only the French text will be considered authentic in the event of a dispute.
12.2 If it cannot be amicably resolved by the Parties, any dispute related hereto, or to any related document or undertaking, will be resolved exclusively before Marseille Commercial Court.
13. LEGALLY REQUIRED INFORMATION
This Site is edited by: 0 ecoimpact
Publications Director : Mr. Noel Bauza
Postal address : Hôtel Technologique, 45 Rue Joliot Curie, 13382 Marseille, FRANCE
Email: [email protected]
Marseille Trade and Companies Registry number: 814 080 552
Registered at the CNIL under the number N 18983768