GENERAL TERMS AND CONDITIONS Greenhabit BV version 1-10-2023
Reader’s Guide: The contractor is defined as “Greenhabit BV”.
An individual may commission Greenhabit to participate in the service developed and facilitated by Greenhabit. Hereinafter, the commissioning individual is referred to as “Participant“.
An employer may instruct Greenhabit BV to have an employee participate in the service developed and facilitated by Greenhabit. In that case, a second assignment agreement is created, namely between the employee as participant and Greenhabit. For convenience, “Principal” is used hereinafter where the employer is meant, and “Participant” where the commissioning employee is meant.
For the commissioning employer, in addition to the other conditions, Article 3 in particular applies.
A “Reseller” is a reseller who sells in his own name, for his own account and at his own risk the service developed and facilitated by Greenhabit to third parties. For the Reseller, in addition to the other terms and conditions, Article 4 in particular applies.
1. Start and end of agreement
1.1 – The agreement is entered into for a definite period of time from the time the general terms and conditions are agreed to until the end of the 84 day program in the Greenhabit game. The agreement will be terminated on the 1st day after the end of the 84 day program in the game.
1.2 – Cancellation and/or early termination or termination is not possible. Participant is responsible for actual participation. Should Participant fail to participate in whole or in part, whether or not after intended interim cancellation, this will not result in a refund or extension of the participation period. In particular, but not limited to this, refunds or extensions will not take place, in case of factors within the Participant’s sphere of risk, such as technical failures, illness or absence, vacations, or other private circumstances.
1.3- Greenhabit is entitled to terminate participation temporarily or permanently with immediate effect if Participant expresses himself on social media and/or in real life in word or behavior in such a way that the interests of Greenhabit and/or other participants are seriously harmed. In that case, no refund or extension will take place.
1.4-Greenhabit is entitled to make access to the game impossible with immediate effect and/or to terminate the agreement with immediate effect if Greenhabit has not received or has defaulted on payment due for participation.
1.5- If Greenhabit has not received the payment due or it has been defaulted, any collection and recovery costs will be borne by the Client. Greenhabit does not make refunds or credits (for partially used periods).
2. Participant
2.1 – The Participant has the right to use the application. The right is non-transferable and the Participant’s use is for non-commercial purposes only. Violation of this can lead to exclusion from further participation without refund and with recovery of all damages.
2.2 – Participant agrees to provide information regarding themselves and their participation to Greenhabit, which information (may) largely be personal data. In that context, Participant will separately agree to the further rules under the AVG.
2.3 – Participant agrees not to post offensive and inappropriate content in the application. This applies to sexually explicit, religious and other objectionable content. An overview, which is defined as “Inappropriate content” can be found on the Google website at the following link: https://support.google.com/googleplay/android-developer/answer/9878810?hl=nl
Violation of this can lead to exclusion from further participation without refund and with recovery of all damages.
3. For the commissioning employer
3.1 – The Client is entitled to allow two natural persons per subscription to participate, one of whom is the employee and the other person is chosen by the employee from his private environment. Greenhabit has the right to refuse the Participant, in any case when the Participant is under 16 years old and does not have the written consent of his parents/guardian.
3.2 – Client acquires no right to information about the person in question, their progress, the content/contribution provided by them or any participation information.
3.3 – Client shall indemnify Greenhabit for any claims and related costs brought by Participant against Greenhabit.
3.4 – Client is itself obliged to consult with Participant on the extent and intensity of use of the application.
4. Reseller
4.1 – When reselling, a Reseller acts in its own name, for its own account and at its own risk and is not entitled to conclude agreements for or on behalf of Greenhabit BV.
4.2 – Reseller is free in the determination of its offer and prices to its customers, within the limits of Greenhabit BV indicated in the offer, where the selling price is not lower than the purchase price.
4.3 – Reseller applies general terms and conditions to their customer that do not conflict with the general terms and conditions of Greenhabit BV.
4.4 – Failure of Reseller’s clients to pay or to pay on time does not relieve Reseller of its payment obligations to Greenhabit BV.
4.5 – Reseller is at all times fully liable for actions its clients do or fail to do through Greenhabit’s systems and indemnifies Greenhabit for this.
4.6 – If Reseller violates Greenhabit’s Terms and Conditions, Greenhabit has the right to terminate the agreement with Reseller immediately.
5. Remuneration of third parties
5.1 – Participant is entitled to a reward for his participation under conditions to be set by Greenhabit.
5.2 – If Participant claims that reward, Greenhabit puts Participant in contact with a third party, by making available a one-time and non-transferable voucher. If Participant does not redeem the voucher in a timely manner, the respective reward will be forfeited.
5.3 – Upon collection of the reward by the Participant from the third party, a legal relationship between the Participant and the third party arises, whereby Participant may or may not accept general terms and conditions from the third party. In any event, Greenhabit is not a party to that agreement, and Greenhabit cannot be held liable for any damages resulting from that agreement.
5.4 – Remaining Greenhabit points will expire on the 84th day. At the start of a new game, the point balance in the Greenhabit game is zero.
6. Technical aspects
6.1 – The application is named “Game” and must be installed by the participant in a timely manner and prior to the effective date.
6.2 – It can be installed on one device, be it a smartphone or tablet, through Google Play or Apple app store.
6.3 – The participant himself is responsible for ensuring that the device in question meets the necessary technical requirements, that the network connections and other technical conditions at the participant, or at least not at Greenhabit, are sufficient and up to date.
6.4 – Although in the development and application of the application including the Content (text, images, videos and music), the utmost care has been and is being pursued, Greenhabit does not guarantee a perfectly working application and/or complete or correct Content. Use of the game and the Content is entirely at your own risk.
6.5 – The participant has the option to synchronize step data recorded via the participant’s own mymonX smartwatch with the Greenhabit application. This is for the convenience of the Participant in promoting “movement.” Greenhabit provides no warranty for the operation and accuracy of synchronization with the mymonX application. The synchronization of the participant’s realized steps with the mymonX app is the responsibility of the participant.
7. Right to use application
7.1 – It is not allowed to de-compile the software, remove the code, duplicate or translate the code or otherwise subject it to reverse engineering.
7.2 – All intellectual property rights relating to the application including the software, Content, look and feel, name and other materials belong exclusively to Greenhabit. The participant is therefore expressly prohibited from: copying, offering, distributing, selling, renting, transferring, to (sub)license, distribute, make available to third parties of the content and software. There is no transfer of such rights in whole or in part.
8. Liability
8.1 – The participant is responsible for completing assignments, using recipes and following content in the game. It is the participant’s responsibility to consult a doctor in case of allergies, restrictions and injuries for medical advice in relation to the game. We shall never be liable for damage both mental and physical resulting from the use of the game and the Content.
8.2 – Greenhabit excludes any liability of employer and participant for any consequences including direct and indirect damages related in any way to the use of the game and Website or the inaccessibility thereof, including but not limited to breakdowns, interruptions, incomplete information or errors, except when they are the result of intentional or deliberate recklessness of Greenhabit.
8.3 – Neither the client nor participant can hold Greenhabit liable for disappointing results or stars not awarded in the Greenhabit website.
8.4 – Greenhabit cannot guarantee that the game will meet the participant’s or employer’s content expectations regarding the game based on marketing statements such as commercials, promos, synopsis etc. Under no circumstances will Greenhabit be liable for the game not meeting the content expectations of the participant or Client.
8.5 – Greenhabit cannot be held liable by the Participant or Client for shortcomings of third parties, unless it has not exercised due care in selecting these third parties and the damage suffered is due to gross negligence or intent on the part of Greenhabit.
8.6 – Greenhabit cannot be held liable by the Participant or Client for the amount of use of the game by the employee during working hours. Making arrangements in this regard is a matter between Client and Participant.
8.7 – Without prejudice to the provisions of this article, the participant must at all times communicate any complaints or alleged claims to Customer Service by e-mail within 24 hours of discovery, or in any case as soon as possible, on pain of forfeiting the right to do so.
8.8 – If and insofar as Greenhabit is liable to the Participant for any damage suffered by the Participant on any grounds whatsoever, this liability shall at all times be limited to the amount of the subscription fee that Greenhabit received or would have received from the Participant or client for providing its service.
9. Force Majeure
9.1 – Without prejudice to its other rights, in the event of force majeure, Greenhabit has the right, at its own discretion, to suspend or terminate the performance of the service without judicial intervention, without Greenhabit being liable for any compensation, unless in the circumstances this would be unacceptable according to standards of reasonableness and fairness.
9.2 – Force majeure means any shortcoming that cannot be attributed to Greenhabit, because it is not due to its fault, nor for its account under the law, a legal act or generally accepted practice.
10. Modification and applicability of terms of use.
10.1 – Greenhabit may modify these Terms of Use. The modified version will be announced through the game. In the absence of consent, use of the game may be discontinued. If use is then resumed, acceptance of the new version of the terms of use is assumed.
10.2 – These Terms apply to all legal relationships between Client, Participant and Greenhabit with respect to the game, including third party awards.
10.3 – By using the game, by, among other things but not limited to, entering into a Transaction or registering on the Website, Participant accepts the applicability of these Terms and Conditions. The Participant may take note of these Terms and Conditions, which are published on the website and in the game and declares his agreement to them by checking the appropriate position located in the game and website.
10.4 – The nullity or voidability of any provision of these Terms shall not affect the validity of the remaining provisions of these Terms.
11. Indemnification
11.1 – You agree to indemnify and hold us, our officers, directors, shareholders, successors in title, employees, harmless upon request from and against any claim, loss, liability, demand or expense (including legal expenses) by any third party against us arising out of or resulting from or in connection with your use of the Greenhabit game
12. Choice of law and forum.
12.1 – These Terms and Conditions and the Agreement between Client, participant and Greenhabit are governed exclusively by Dutch law.
12.2 – Any disputes shall in the first instance be submitted exclusively to the competent court in the district of ‘s-Hertogenbosch, The Netherlands.
