Terms of use

Terms of use

The Greenplay websites, mobile applications and related services (collectively, the “Services”) are made available to you by Jeu vert Inc. whose head office is located at 361, lafayette, Quebec, QC Canada G1N 3J2 subject to the present Terms of Service (the "Terms") and in accordance with the Privacy Policy of Greenplay (the “Privacy Policy”). You agree to abide by these Terms of Service and any additional terms that Greenplay provides to you in relation to the Services shall form part of the Terms of Service. By accessing, using, or downloading information or materials to or from the Services, or indicating your consent to these Terms by creating an account, clicking "register" or any similar mechanism, you agree to these Terms. terms. If you do not agree to these Terms, do not access or use the Services. These Terms of Use contain disclaimers of warranties and limitations of liability that may apply to you.

The Greenplay Services cannot be provided and the agreement described in these Terms of Service cannot be performed without Greenplay processing data about you and about other Greenplay Greenplays, including your location data. The processing of data you share with Greenplay, including data about your location, is essential to the Services we provide and is a necessary part of our performance of the agreement we enter into with you.

Registration and Accounts

To use the Services, you must register. You agree to: (a) provide true, accurate, current and complete information about yourself (“User Data”) and (b) maintain and update your User Data. You agree that Greenplay will use your User Data to provide the Services you access or use and as set out in these Terms of Service. If you provide User Data that is inaccurate or outdated, or if Greenplay has reasonable grounds to suspect that such User Data is inaccurate or out of date, Greenplay may suspend or terminate your account and refuse current or future use of the Services. In consideration of your use of the Services, you represent that you are not a person prohibited from receiving services under the laws of any applicable jurisdiction.

You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password, your computer and your mobile device while logged in to the Services. You accept responsibility for all activities that occur under your account or from your computer and mobile devices. We strive to use reasonable security measures to protect against unauthorized access to your account as set out in the "Privacy Policy". However, we cannot guarantee absolute security of your Account, Content (as defined below), or Personal Information you provide, and we cannot promise that our security measures will prevent third-party "hackers" to illegally access the Services or their content. You agree to immediately notify Greenplay of any unauthorized use of your account or password, or any other breach of security, and you confirm that you understand all risks of unauthorized access to User Data and any other information or other content you provide to Greenplay.

You can register or log in to your account through a third-party network, such as Apple or Google. If you do so, you authorize Greenplay to pre-populate the registration fields and other relevant information in your account and/or to use the credentials of such third party to log into your account. If you connect your account to a third party network, you agree to abide by the terms and policies applicable to that third party.

Under some of the Services connecting to the Google Maps API, you hereby agree to be bound by the Google Maps / Google Earth Additional Terms of Service (including the Google Privacy Policy) in connection with your use of these Services.

Content and conduct

Content

You own any information, data, text, photographs, videos, messages or other material that you post online with the Services (“Content”), posted publicly or within a restricted network, privately transmitted or submitted via a third-party API (e.g. a photo submitted via Facebook).

You understand that you, and not Greenplay, are entirely responsible for the Content that you upload, post, email, transmit or otherwise make available through the Services. Greenplay does not usually screen or monitor Content posted to the Services by others and, as such, cannot guarantee the accuracy, integrity or quality of such Content. Greenplay may, in its sole discretion, screen, monitor, obscure, refuse or remove any Content, or remove any Content that violates the Terms or is otherwise objectionable. You understand that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Greenplay be liable in any way for any Content, including, without limitation, errors or omissions in any Content, or any loss or damage resulting from the use of any Content posted available on the Services.

You agree that Greenplay is not responsible for, and does not endorse, Content posted on the Services. If your Content violates these terms, you may be legally liable for such Content. As between Greenplay and you, all Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of the Content.

You acknowledge and agree that your relationship with Greenplay is not a confidential, fiduciary or other special kind of relationship, and that your decision to submit the Content does not put Greenplay in a position that is different from the position of the general public. , including with respect to your Content. Your Content shall not be subject to any obligation of confidentiality on the part of Greenplay other than set forth in the Privacy Policy and Greenplay shall not be liable for any use or disclosure of any Content provided by you.

The Services may provide you with the ability to make private, public, or available only to certain users and businesses or at certain times of the Services the Content that you submit to the Services. Greenplay will maintain the confidentiality of such content at your option. However, if you later change this designation so that this Content is available to everyone at all times, you are responsible for the public nature of the content. Please see our Privacy Policy for more information on how to manage your privacy settings.

You authorize us to use your name and profile photo and information about your activities and actions, including your use of third-party products, services or devices, in the Greenplay Services, without compensation to you. For example, we may display to your colleagues in the same organization that you have claimed a product on our points redemption platform.

Account associated with an organization

It is agreed that you would have the possibility directly or by invitation of a company, city or transport company (“Organization”) to associate your Greenplay account in a logical way with an organization.

The Services are designed to allow organizations and you to enjoy the benefits of team use of the application and its features in an open way. With this association, you agree that the organization in question may use the aggregate data linked to your account and, with your consent and subject to any reservations of the organization, access your Content published on the Services. If the user agrees to share their personal and travel information with the organization, it is agreed that they comply with the following provisions:

Under no circumstances is Greenplay directly involved in the actual interactions between users and the organization using the Services. Greenplay will not be responsible for confirming the identity of users who associate with an organization. You must at all times exercise common sense and good judgment in your dealings with any organization that supports the use of the Services.

Greenplay is not responsible for any understandings, harms, bindings or benefits arising from the interaction between you and any member of the associated organization and therefore cannot be explicitly associated with it without the prior written permission of Greenplay. The organization associated with your account will have no rights other than those set forth in the Privacy Policy.

Conduct

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell for commercial purposes any portion of the Services, use of the Services or access to Content. You may not use the Services to commit, or aid or abet another party to commit, any of the following prohibited activities:

  1. Copy, frame or reproduce any part of the Services;
  2. Access the Services to monitor their availability, performance or functionality;
  3. Allow any third party to access the Services;
  4. Use, copy, modify, create derivative works from, reverse engineer, decompile or attempt to extract the source code of the software underlying the Services or any part thereof, except as expressly authorized or required by the law and, in any event, without providing written notice to Greenplay;
  5. Post, transmit, distribute or store any content, material, information or data that: (1) is unlawful, obscene, defamatory, threatening, harassing, abusive or hateful or that promotes violence; (2) are harmful to or disrupt the Services or third-party networks, equipment, applications, services or websites (eg, viruses, worms, Trojan horses, etc.); (3) infringe, impair, misappropriate, or otherwise violate any privacy, intellectual property, publicity, or other personal rights, including without limitation copyrights, patents, trademarks, trade secrets or other proprietary information (including unauthorized use of domain names); or (4) is fraudulent or contains false, misleading or deceptive statements, claims or representations (such as "phishing");
  6. Attempt to disrupt, degrade, reduce or violate the integrity or security of the Services or another party's computers, services, accounts or networks (including, without limitation, "hacking", denial attacks services, etc.), including any activity that usually precedes attempts to breach security such as scans, surveys or other testing or any vulnerability assessment activities, or engaging in or enabling network activities or hosting that results in the blacklisting or other blocking of Greenplay's internet protocol space;
  7. Distribute or disclose any part of the Services in any medium, including, without limitation, by automated or non-automated “data reproduction”;
  8. Use any automated system, including without limitation "robots", "scrapers", etc., to access the Services in a way that sends more requests to Greenplay than a human could reasonably produce on the same period using a web browser or conventional mobile application;
  9. Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
  10. Collect or harvest information about an identified or identifiable person, including account names and information about users of the Services, from the Services;
  11. Use the Services for commercial solicitation purposes;
  12. Access any content from the Services through any technology or means other than those provided or authorized by the Services;
  13. Bypass any measures we may use to prevent or restrict access to the Services, including, without limitation, features that prevent or restrict the use or copying of any content or impose limitations on the use of Services or content thereof;
  14. Violate any applicable law, ordinance or regulation, or encourage any conduct that could constitute a criminal offense or give rise to civil liability;
  15. Delete any copyright, trademark or other proprietary rights notices contained in or on the Services;
 

You have a limited, non-exclusive right to create a hyperlink to the Services for non-commercial use only, provided that such link does not portray Greenplay or any of its products or services in a false, misleading, disparaging or otherwise defamatory, and provided that the linked site does not contain pornographic, illegal, abusive, harassing or otherwise objectionable material.

You understand that you are responsible for any fees associated with sending communications through your device. You hereby acknowledge that you have the right to communicate with your contacts through the Services.

You represent and warrant that: (i) you are authorized to create your account, whether as an individual; (ii) you own the Content posted by you on or through the Services or you have the right to grant the rights and licenses set forth in these Terms; (iii) you are authorized to associate your account with an organization, if applicable.

Interactions with users

The Services operate as a place to connect users in a virtual information space. Greenplay leaves it up to users to decide if they wish to share their personal and travel information with other users of the application and/or with users who are part of the same organization. If the user agrees to share his personal and travel information, he agrees that he complies with the following provisions:

As a neutral facilitator, Greenplay is not directly involved in the actual interactions between users using the Services. Accordingly, Greenplay has no control over the truthfulness, accuracy, quality, legality or safety of any postings made by users using the Services. Greenplay will not be responsible for confirming the identity of users. Greenplay shall further not be responsible for confirming or verifying the qualifications, background or abilities of users using the Services. You must at all times exercise common sense and good judgment in your dealings with any user who uses the Services.

Third

Third-party products and services made available on the Points Redemption Platform are manufactured and offered directly by the relevant third party. When you redeem points for such product or service, you acknowledge that you are contracting directly with such third party and not with Greenplay. Your interaction with, or participation in, third party promotions found on or through the Services is solely between you and the applicable third party. You are not obligated to use or transact with any third party that appears on the Services. YOU AGREE THAT GREENPLAY SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE YOU HAVE SUFFERED AS A RESULT OF YOUR RELATIONSHIP WITH ANY THIRD PARTY SERVICE PROVIDER OR ADVERTISER AVAILABLE THROUGH THE SERVICES.

Greenplay or third parties may provide links to other websites or resources through the Services. Greenplay does not endorse and is not responsible for any content, information, advertising, products or other materials appearing or made available on such sites or resources. You acknowledge and agree that Greenplay is not responsible for the availability of such external sites or resources.

Property rights

You acknowledge and agree that the Services, any necessary software used in connection with the Services (if any), any aggregate data based on Content on the Services, and any Content available or made available on the Services contains proprietary information and confidential information that is protected by applicable intellectual property rights and other laws. Except as expressly permitted by applicable law or Greenplay or third party service providers or advertisers, you agree not to modify, rent, loan, sell, distribute or create derivative works based on the Services, software or Content available on the Services (other than Content you may submit), in whole or in part.

Greenplay grants you a personal, revocable, non-transferable, non-exclusive, non-sublicensable right and license to access and use the Services; provided that you will not (and you will not permit any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover the source code, sell, give away, sublicense, grant a warranty in, or transfer any right to the Services, except as permitted by law. You agree not to access the Services through any means other than the interfaces provided by Greenplay.

The term GREENPLAY, the Greenplay logo and other Greenplay logos and product and service names are the exclusive trademarks of Jeu vert Inc. and are the property of Jeu vert Inc. and you may not use or display such marks in any manner whatsoever. without the prior written permission of Greenplay. Trademarks or third-party service marks displayed on the Services are the property of their respective owners.

Litigation

Arbitration

The parties will endeavor to resolve any dispute, question or disagreement directly through good faith negotiations, which shall be a prerequisite for either party to seek trial or arbitration. Except for disputes relating to Greenplay's intellectual property (such as trademarks, trade names, domain names, trade secrets, copyrights and patents) or if you dispute this agreement to arbitrate, all claims relating to this Agreement and your use of the Services will ultimately be settled in binding arbitration administered by a third party in accordance with its provisions and procedures for consumer disputes, excluding any rules or procedures governing or permitting class actions.

 The arbitrator, and not a court or agency, shall have exclusive authority to resolve all disputes relating to this Agreement, including, without limitation, any claim that all or part of this Agreement is void. or cancellable. The arbitrator shall be empowered to award any relief that would be enforceable in court; provided, however, that the arbitrator shall have no authority to award any indemnity, remedy or award that conflicts with this Agreement. The arbitration award will be binding on the parties and may be entered into judgment by any court of competent jurisdiction. In the event of a lawsuit, any dispute arising out of or relating to these Terms or use of the Services shall be decided by trial before a judge alone.

Exception – Small Claims Court Claims Litigation

Notwithstanding the parties' decision to resolve all disputes by arbitration, either party may also seek relief in small claims court for disputes or claims that are within the jurisdiction of that court.

Deadline for complaints

You agree that any claim you may have relating to your relationship with Greenplay and these Terms must be brought within one year after the cause of such claim arises; otherwise your complaint will be definitively rejected.

Canadian operations

These Services are controlled by Greenplay from its offices in Canada. Greenplay makes no representation that the Content or Services are appropriate or available for use in other locations. It is prohibited to access or use the Content or the Services from territories where such access or use is illegal. Anyone who chooses to access the Services from locations outside of Canada does so on their own initiative and is responsible for compliance with applicable local laws.

Termination

You agree that Greenplay may, in certain serious circumstances and without notice, immediately suspend or terminate your account and/or your access to the Services. The reason for such suspension or termination may include, without limitation, (a) violations of the Terms or other incorporated agreements, policies or guidelines, (b) requests by law enforcement authorities or other government agencies, (c) a request by you (self-initiated account deletion), (d) a major discontinuance or modification of the Services (or any part thereof), (e) unexpected technical or security issues, (f) extended periods of inactivity. Termination of your account may include (x) removal of access to all offerings contained in the Services, (y) deletion of information, files and content associated with your account, and (z) prohibition of any further use of the Services. Further, except as expressly requested by you, you agree that any suspension or termination for cause shall be at Greenplay's sole discretion and that Greenplay shall not be liable to you or any third party for such suspension or termination. your account or your access to the Services. The following sections will survive termination of your account and/or the Terms: Your account number, email, and the privacy settings you have shared with us.

General

You agree that no joint venture, partnership, joint control, employment or agency relationship exists between Greenplay and yourself as a result of the Terms or your use of the Services. The Terms constitute the entire agreement between Greenplay and you regarding your use of the Services. Greenplay's failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. You may not assign, delegate or otherwise transfer your account or your obligations under these Terms without the prior written consent of Greenplay. All rights not expressly granted herein are reserved.

Modification of the Conditions and Services

Greenplay reserves the right to update the Terms at any time and for any reason at its sole discretion. Greenplay will notify you of any material changes to the terms, service or any other feature of the Services. By continuing to access or use the Services after we notify you of a change, you agree to be bound by the changed terms. If the amended terms are not acceptable to you, your sole remedy is to cease using the Services and/or delete your account.

Greenplay and its third party service providers may make improvements and/or changes to the Services, products, services, mobile applications, features, rewards and indicator calculations described at any time and for any reason at our sole discretion. and/or with the consent of the organization with which you are associated. The mobile application may download and install upgrades, updates and additional features to improve, enrich and further develop the Services. You agree that Greenplay shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.