Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the GreenKPI app (the "Service").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Please note: You may not enter into these Terms on behalf of an organization, company, or other entity unless you have the legal authority to bind that entity. Services under these Terms are designed for use by businesses and entities participating in the circular economy.

Eligibility

You warrant that you are at least 18-years-old and you are legally capable of entering into binding contracts. If you are under 18-years-old, you warrant that you have obtained consent from your parent or guardian and they agree to be bound by these Terms on your behalf.

Subscriptions

Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or GreenKPI cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting GreenKPI customer support.

A valid payment method, including credit card or bank transfer, is required to process the payment for your Subscription. You shall provide GreenKPI with accurate and complete billing information including full name, address, state, zip code, telephone number, e-mail address and a valid payment method information. By submitting such payment information, you automatically authorize GreenKPI to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, GreenKPI will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Fee Changes

GreenKPI, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

GreenKPI will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

Except when required by law, paid Subscription fees are non-refundable.

Content

Our Service allows you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, you grant us the right and license to use, modify, perform, display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights.

You represent and warrant that:

1. The Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and

2. The posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

3. The Content will not cause you or us to breach any law, regulation, rule, code or other legal obligation;

4. The Content will not or could not be reasonably considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;

5. The Content will not be unsolicited, undisclosed or unauthorized advertising;

6. The Content does not contain software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware or telecommunications equipment; and

7. The Content does not bring us or the Services into disrepute.

You agree to keep all records necessary to establish that your Content does not violate any of the requirements this clause and make such records available upon our reasonable request.

We are under no obligation to regularly monitor the accuracy or reliability of your Content incorporated into the Services. We reserve the right to modify or remove any Content at any time.

However, If you believe that any Content posted on the Service violates these Terms, you may report such Content through the App or by contacting the support team. You will be required to provide detailed information about the Content in question and the nature of the violation.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Services.

You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password, whether your password is with our Services or a third-party service.

You agree not to disclose your password to any third party. You agree to be fully responsible for activities that relate to your account or your password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene.

Supplier Terms

If you are a supplier using the GreenKPI marketplace, you agree to the following:

1. Link Maintenance: Maintain accurate and current links to your products and services, ensuring all information provided is up-to-date and reflects the actual availability and specifications of the products and services offered.

2. Supply Radius: Provide GreenKPI with the radius of your supply capabilities, including country, state, and city.

3. Updates: Notify GreenKPI of any changes to your links, supply radius, or other relevant information.

4. Content Creation: You may create and manage actions related to your products and services. These actions must comply with the Content guidelines outlined in these Terms.

5. Non-Exclusivity: Actions created are non-exclusive, meaning multiple suppliers can be linked to a single action.

GreenKPI is not responsible for any aspect of transactions between suppliers and buyers. The responsibility for ensuring the quality, legality, and accuracy of the listed products and services rests solely with the supplier.

Buyer Terms

If you are a buyer using the GreenKPI marketplace, you agree to the following:

1. Marketplace Use: Use the marketplace as a service to find and purchase products and services from suppliers.

2. GreenKPI Liability: Acknowledge that GreenKPI takes no responsibility for any transactions conducted through the marketplace.

3. Supplier Vetting: Understand that GreenKPI does not vet suppliers. It is your responsibility to verify the credibility and suitability of suppliers before engaging in transactions.

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of GreenKPI and its licensors. The Services are protected by copyright, trademark, and other laws of both Australia and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of GreenKPI. Nothing in these Terms constitutes a transfer of any Intellectual Property rights from us to you.

You are permitted to use the Service only as authorized by GreenKPI. As a user, you are granted a limited, non-exclusive, revocable, non-transferable right to use the Service to create, display, use, play, and download Content subject to these Terms.

Our Intellectual Property must not be used in connection with a product or service that is not affiliated with us or in any way brings us into disrepute.

You must not modify the physical or digital copies of any Content you print off or download in any way, and you must not use any illustrations, photographs, video or audio, or any graphics separately from any accompanying text.

Any opinions, advice, statements, services, offers, or other information or content expressed or made available by any other users are those of the respective authors or distributors and not of us.

Links To Other Websites

Our Services may contain links to third-party web sites or services that are not owned or controlled by GreenKPI.

GreenKPI has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that GreenKPI shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We only provide links to external websites as a convenience, and the inclusion of such a link to external websites does not imply our endorsement of those websites. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Indemnification

As a condition of your access to and use of the Services, you agree to indemnify us and our successors and assigns for all damages, costs, expenses, and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to your access to and use of the Services or your breach of these Terms and any applicable law or the rights of another person or party.

This indemnification section survives the expiration of your registration and applies to claims arising

Disclaimer

Your use of the Services is at your sole risk. The Services are provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

GreenKPI its subsidiaries, affiliates, and its licensors do not warrant that a) the Services will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Services are free of viruses or other harmful components; or d) the results of using the Services will meet your requirements.

This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or, alteration of or use of record in connection with the use or operation of the Services, whether for breach of contract, tortious behaviour, negligence or any other cause of action.

We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the content contained on the Services for any purpose. Any reliance you place on such information is therefore strictly at your own risk. We disclaim any express or implied warranty representation or guarantee as to the effectiveness or profitability of the Services or that the operation of our Services will be uninterrupted or error-free. We are not liable for the consequences of any interruptions or error in the Services.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Queensland, Australia, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

GreenKPI app reserves the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect.

It is your sole responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms, it is your sole responsibility to stop using the Service. Your continued use of the Service will be deemed as your acceptance thereof.

Please note that you will not be allowed to use The Service without prior acknowledgement and acceptation of these Terms and Conditions.