TERMS & GENERAL CONDITIONS
GR3N S.A., VAT No. CHE-218.379.125, with office at Via Probello, 19 , 6963 Lugano , Switzerland (hereinafter "Gr3n") is a company that deals with chemical recycling of polyester through special machinery capable of managing the depolymerization process of materials (hereinafter "Services") owned by Users (hereinafter "Users").
These terms & general conditions of use (hereinafter "General Conditions") rule the relations between Gr3n and Users who browse and / or use the website accessible at the URL www.gr3n- recycling.com (hereinafter "Site") through any type of device and/or use the platform accessible through the Site in order to provide Gr3n with data and information relating to their material intended for disposal or landfill.
The platform aims to collect information about the availability of the Users materials and their location and to offer those who provide the information a way to avoid that the material is sent to landfill or burned.
The terms and expressions in capital letters included in any part of the General Conditions will have the specific meaning assigned to them in the body of the text; it is understood that the same meaning will apply to the singular as to the plural, if the context so requires.
VISUALIZATION OF THE WEB SITE
The Site can be viewed by all Users, but Gr3n limits access to certain areas of the Site exclusively to Users of legal age who have previously been identified and have created a special personal account, which is associated to the User’s personal data (name and surname etc.), e-mail address and a password. The User’s e-mail address and password will constitute the credentials for identification and access to the Site restricted areas. The personal account is completely free and not transferable to third parties (hereinafter "Account").
INTELLECTUAL PROPERTY RIGHTS
All content included in this Site, such as works, images, pictures, dialogues, videos, documents, drawings, figures, logos, menus, web pages, graphics, colors, schemes, tools, fonts, designs, diagrams, layouts, methods, processes, functions, trademarks (collectively, “Content”), is the property of Gr3n and is protected by national and international copyright and other intellectual property laws. The Services offered through the Site and the related functionalities, however connected, are protected by one or more patents owned by Gr3n or its commercial partners.
Gr3n has the exclusive right to authorize or prohibit in its sole discretion any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, in whole or in part, the Content. Any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, the Content expressly authorized in writing by Gr3n, shall be carried out by the Users for lawful purposes only and in compliance with all applicable laws.
Gr3n and its commercial partners grant Users, a limited, non-exclusive, non-transferable and non-authorization to access the Site for strictly personal and non-commercial use, provided that the Users fully comply with these General Conditions.
It is expressly forbidden for Users to (i) resell and / or make commercial use of the Services offered, (ii) collect and / or use the contents of the Site, (iii) make use of the Services or the Site itself, which are different with respect to the provisions of these General Conditions, (iv) download or copy the information and / or images or anything else published on the Site and / or make any type of download, (v) reproduce, publish, distribute, display, modify, create derivative work from, or exploit in any way, in whole or in part, the Content without the prior express written consent of Gr3n, (vi) use and/or register Gr3n’s trademarks and/or patents and/or trademarks or patents similar to Gr3n’s trademarks and patents, (vii) use framing techniques to take possession of any content of the Site and / or meta tag techniques or any other "hidden text", under penalty of definitive revocation of the authorization as well as the immediate and definitive closure of the Account.
All rights not expressly conferred by these General Conditions are exclusive property of Gr3n or its commercial partners.
ACCEPTANCE, MODIFICATION AND INTEGRATION OF THE GENERAL CONDITIONS
Browsing and / or using the Site implies full acceptance of these General Conditions which are published so that Users can read and know them.
The General Conditions may be modified unilaterally by Gr3n at its sole discretion and will be applicable to all relations with Users starting from the same day in which they will be published in the appropriate section of the Site.
In particular, any changes applied by Gr3n will be applicable to all relationships that may occur with Users following the publication of said changes.
Therefore, it is the Users’ responsibility to ascertain the General Conditions applicable to relations with Gr3n, also by saving the content of the General Conditions, downloading the relative file and printing it in paper format.
The mere tolerance or failure by Gr3n to contest any non-fulfillment / non-compliance by Users with what is indicated in the General Conditions cannot be interpreted as tacit acceptance of the same, nor as a desire to derogate from what is indicated in the General Conditions.
IMAGES / VIDEOS INCLUDED IN THE SITE
The photographs, graphic or iconographic representations and videos included in the Site as well as descriptions, the commercial names, trademarks or distinctive signs of any nature contained in the Site are owned by Gr3n or its commercial partners and have the purpose to provide as much information as possible to Users, while maintaining a purely indicative character.
The introduction of Gr3n’s activity and Services advertised on the Site and, in any case the information contained therein, are purely indicative and do not bind Gr3n in any way to the signature of future contracts and should not be considered contractual proposals formulated by Gr3n; they are a “mere invitation to offer”, addressed to Users. The conclusion of any agreements between Gr3n and the Users will never take place through the Site, but it will require a contract to be stipulated in writing under penalty of nullity.
The User who are potentially interested in the Services, must create the Account by providing all the data required by Gr3n. Once logged in, the User must fill out the appropriate form on the Site by entering the required data and information (company data, location, material location, material composition, feedstock, etc.).
Upon completion of the above procedure, the User hereby authorizes Gr3n to contact him/her via e- mail or telephone at the addresses provided during registration phase, according to the timeframe set forth by Gr3n. If, for any reason, the User is not contacted by Gr3n, the User can in no way raise whatsoever claim against Gr3n, not even by way of reimbursement, indemnity or compensation for damage.
The price and conditions of the Services that may appear on the Site are purely indicative and are subject to change. In any case, Users can not pretend that the prices and conditions published on the Site are applied to Services, since the Services are subject to a separate agreement to be negotiated between the parties in writing
RIGHT OF WITHDRAWAL
Since Gr3n and the User do not enter into a contract through the Site and no additional obligations arise with respect to the provisions of these General Conditions, there is no right of withdrawal for the User.
Gr3n shall not be considered responsible for, including but not limited to, the following circumstances:
a) User’s use, whether prohibited or not, of the content and/or information of the Site or of other web sites accessible through links, that infringes Gr3n’s or third parties’ intellectual and / or industrial property rights;
b) any damage and/or prejudice caused to Users as a result of normal or abnormal use of the search tools, organization or localization of contents and / or access to the Site and, in general, errors or problems caused in the development or implementation of the technical elements that the Site or a program can make available to the User;
c) contents of pages to which the Users can access through links published on the Site, whether they are authorized or not;
d) the acts or omissions of third parties, regardless of the fact that such third parties may be contractually bound to Gr3n;
e) the access by minors to the content of the Site, as it is the duty of parents and/or guardians to exercise adequate control over the activity of the children or minors entrusted to them and/or to install control tools of internet use, in order to avoid access to material or content unsuitable for minors, as well as the forwarding of personal data without the prior authorization of parents or guardians;
f) errors or delays in accessing the Site by Users when entering their data, the slowness or the impossibility of receiving confirmation of the opening of the personal Account or any anomaly that may occur when such events are due to technical problems of internet network, fortuitous event or force majeure, or any other unforeseeable or unpredictable event;
g) defects or problems that may occur in communications, cancellation or incomplete transmissions, which is why it is not guaranteed that the Site’s services are constantly operating;
h) errors or damages caused to the Site by inefficient use of the service or in bad faith by the User;
i) failure to operate or problems relating to the e-mail address provided by the User for sending communications to this one.
In the event that any clause of these General Conditions is declared invalid, the other clauses will remain in force and must be interpreted taking into account the will of the parties and the purpose of these General Conditions.
CHANGE OF THE GENERAL CONDITIONS
Gr3n reserves the right to modify, at any time and without notice, the layout and configuration of the Site, as well as the General Conditions, the Privacy and Cookies Policies.
Users will always have at their disposal and free access to these General Conditions.
Users undertake to take view of these General Conditions, when access to the Site. In any case, acceptance of the General Conditions in force at any time is a preliminary and essential step for browsing / using the Site and for requesting any type of information.
All communications sent between Gr3n and users, and relating to these General Conditions, will take place in accordance with the communication procedures established in these General Conditions.
To this end, Gr3n provides Users with the support email address firstname.lastname@example.org
COMPLETENESS OF THE GENERAL CONDITIONS
These General Conditions constitute the sole and explicit will of Gr3n and the User and cancel and replace any other agreement or contract, in verbal or written form, previously concluded between the parties. Any agreements that may subsequently be concluded between the parties must be considered supplementary to these General Conditions and will be fully valid and effective between the parties.
ASSIGNMENT OF RIGHTS AND OBLIGATIONS
Gr3n can freely assign and / or transmit, at any time and in compliance with the applicable legislation, in whole or in part, the rights and obligations relating to these General Conditions and / or relating to any agreements subsequently formalized between the parties. In such cases, Gr3n is obliged to communicate the assignment to Users, indicating the identity of the person / entity to whom these rights and obligations have been assigned.
Users can not assign to third parties the rights and obligations relating to these General Conditions and / or relating to any agreements subsequently formalized between the parties.
PROTECTION OF PERSONAL DATA AND PRIVACY
The aspects related to the protection of personal data and privacy are contained and regulated in the specific section of the Site.
APPLICABLE LAW AND JURISDICTION
These General Conditions are exclusively rules by Swiss law.
In the event of disputes or disputes arising from the purchase of the Services and / or related to these General Conditions, they are subject to the exclusive jurisdiction of the Court of Bellinzona, Switzerland, with the express exclusion of any different jurisdiction.