General Terms of Service
Article 1 – Definitions
Definitions in these General Terms of Service, the following terms, which are written in capital letters, shall be understood as follows:
a. “Client” – a natural person or a legal person, or an entity without legal personality to which legal capacity is granted by the law, who concluded the agreement with Planetwatch under these General Terms of Service;
b. “Consumer” – Client who is a natural person who performs with an entrepreneur a legal action not directly related to his business or professional activity;
c. “Database” – owned by Planetwatch database containing data on archival, current and predicted air quality status;
d. “General Terms of Service” or “GTS” – these general terms of service;
e. “Map” – map of air pollution placed on the Platform and Planetwatch’s mobile application;
f. “Plan” – set of Services and key information regarding Services described in the Pricing;
g. “Platform” – www.planetwatch.io;
h. “Pricing” – set of prices and other key information regarding Services placed on the Platform;
i. “Sensor” – a device created by the Service Provider, used for measuring and reading air pollution rates and other data, having technical specifications described in the Platform in products section;
j. “Service” or “Services” – a service offered through a Platform, specified in particular Terms of Service, having technical specifications described in the Platform in products section;
k. “Service Provider” or “Planetwatch”. with its registered office in Technoparc, 50 rue Gustave Eiffel, 01630 St. Genis-Pouilly, France;
l. “KYC” – means a recognition process used by companies to verify the identity of their customers and assess potential risks or illegal intentions in the relationship with the customer.
Article 2 – General Provisions
1. The content of the agreement between Planetwatch and Client is determined each time by GTS, relevant Terms of Service, Pricing and, if provided for a particular Service, the technical specifications or other documents referred to in relevant Terms of Service.
3. The General Terms of Service, their appendices and other documents referred to, constitute a contractual model.
4. The General Terms of Service are available to Client at any time on the Platform, Client can also copy the text of the General Terms of Service, save it or print it, using his/her device.
5. All terms defined in the General Terms of Service have the same meaning in Terms of Service, unless Terms of Service states otherwise.
6. All communication related to the agreement will be via email, unless relevant Terms of Service provide otherwise.
7. The following equipment is required to use the Services:
a. a PC, smartphone, tablet or other device with similar functions;
b. an active Internet connection;
c. updated version of the Firefox, Chrome, Safari or Microsoft Edge web browser;
e. active email account.
8. The use of certain Services may be a subject of other technical requirements that are provided to the Client during the purchasing process or in particular Terms of Service.
Article 3 – Object
These General Terms and Conditions of Use (hereinafter, the “GTS “) govern the conditions of use and service of the planetwatch.io website (hereinafter, the “Website”), smartphone applications (hereinafter, the “Apps”).
Planetwatch – is equipped with a Web platform and an App in which it offers data mapping services and sells online Products and Services offered at special prices.
The selling party is Planetwatch s.a.s, hereinafter referred to as “Planetwatch”, a company under French law with registered office in Technoparc, 50 rue Gustave Eiffel, 01630 St. Genis-Pouilly, France, SIREN 880 415 724 R.C.S. Bourg-En-Bresse.
Article 4 – Identification of users and customers
The user accessing the Website and/or the Apps acknowledges and accepts the application of these General Conditions in force and public at the time of his/her access to the Website and/or the Apps.
Planetwatch has the right to carry out – directly or with external partners – during defined time intervals, promotional campaigns to promote the registration of new members in its service or for any other reason.
Planetwatch reserves the right, always in compliance with the regulations in force, to modify the terms and conditions of sale and/or promotions, to extend them after prior notice or to proceed with the exclusion of a participant should it detect any anomalies, abuses or unethical behaviour in their participation (such as mass purchases, commercial activities, fraudulent activities, etc.).
Any Customer or User accessing the Website and/or the Apps must be over 18 years of age (or at least be of legal age according to their state of residence) with sufficient capacity to act to enter into contracts and must use the Website, the Apps, Social Networks, content and services in accordance with the law and these conditions.
The User and/or the Client must read these policies carefully to know their rights and obligations.
Article 6. Intellectual and industrial property
Planetwatch is a trademark registered with the Patent and Trademark Office of the European Union, therefore it is expressly forbidden any use by third parties of the same or any similar identifying sign which may generate confusion as to its origin or ownership, without the prior written authorisation of Planetwatch s.a.s. The planetwatch.io website is a domain registered by Planetwatch s.a.s.
Third parties are prohibited from using this domain and the “Planetwatch®” trademark, without the prior written permission of the owner, in relation to other Products or Services that are not of Planetwatch in a manner that does not cause confusion among our Customers or discredit Planetwatch.
Planetwatch owns all rights to the content, design and source code of the Website and Apps, including, but not limited to, photographs, images, text, logos, designs, trademarks, trade names and data on the Website and Apps. The content of the Website and the Apps is also considered to be computer software and, consequently, the French and European Community copyright legislation in force also applies to it.
The total or partial reproduction of the Website, including via hypertext links, as well as any part of the content is expressly prohibited without the prior express written authorisation of Planetwatch. The copying, reproduction, adaptation, modification, distribution, marketing, communication to the public and/or any other action involving an infringement of current French legislation and/or international intellectual and/or industrial property laws is also strictly prohibited, as is the use of the contents of the Website and Apps without the prior express written authorisation of Planetwatch.
Planetwatch hereby informs you that it does not grant any licence or explicit or implicit authorisation to intellectual and/or industrial property rights or any other right or property related, directly or indirectly, to the content on the Website and Apps.
The Customer must carefully check this information before purchasing any Product and Service.
Article 7 – Planetwatch® Responsibility
Planetwatch makes every effort to ensure the uninterrupted availability of the Website and Apps. However, access may be temporarily interrupted by maintenance activities, the uploading of updates, new Products and Services or problems not attributable to Planetwatch.
Planetwatch does not assume any liability arising, by way of example and without limitation:
a) the use that Clients or Users may make of the materials of the App Website or of the sites indicated through links, whether or not prohibited, in violation of the intellectual and/or industrial property rights of the contents of the Website or of third parties;
b) intellectual and industrial property infringements committed by Planetwatch suppliers in connection with the Products or Services or materials supplied for the sale of Products or Services;
c) any damage and prejudice caused to Clients or Users as a result of normal or abnormal use of the search tools, organisation or location of content and/or access to the Website and Apps and, in general, errors or problems caused in the development or implementation of the technical elements that the Website and/or Apps or a program may make available to the Client or User;
d) the contents of the pages to which Clients or Users may access through links inserted in the Website, whether authorized or not;
e) the acts or omissions of third parties, regardless of whether such third parties may be contractually bound to Planetwatch;
f) from errors or delays in the Customer’s access to the Website and Apps when entering their data in the purchase procedure, from the slowness or impossibility of receiving the Customer’s order confirmation or from any anomaly that may occur when such events are due to problems with the Internet network, fortuitous or force majeure, or any other event not foreseeable in good faith by Planetwatch;
g) from defects or problems that may occur in communications, cancellations or incomplete transmissions, for which reason it is not guaranteed that the services of the Website and Apps are constantly operational;
h) errors or damage caused to the Website and Apps by inefficient and bad faith use of the service by the Customer or User;
i) the lack of operation or problems related to the e-mail address provided by the Customer for sending the order confirmation.
Planetwatch is committed to solving any problems that may arise and to offering all the assistance necessary for the Customer to arrive at a quick and satisfactory solution to the problems that may occur on the Website and Apps.
j) in relation with any malfunctioning or security breaches in the Algorand blockchain.
Article 8 – Notice of fraudulent practices
The Products and Services are available exclusively on the Planetwatch Website and Apps.
Planetwatch informs its Users of the possibility that third parties may attempt to fraudulently replace Planetwatch in order to obtain their personal data from Users and carry out illegal activities.
In the interest of the User, the following is an illustrative list of the fraudulent practices that are sometimes carried out by such parties:
– Try to register domains similar to those of Planetwatch by copying the logo and appearance of the Website or Planetwatch Apps to confuse and deceive the Customer and the User.
– Send an email to the user, pretending to be Planetwatch and asking to click a link in the email.
– Post promotions on social networks posing as Planetwatch and asking you to enter a series of personal details or click on a link to take part in a draw, for example.
These types of practices are known as phishing and are aimed at illegally obtaining data from the User (e.g. passwords or credit card number).
To avoid becoming a victim of these practices, it is important that the User:
– Access only the official website and official Planetwatch Apps
– Ignore emails or links in social networks where you are asked to click on a link and enter personal information.
Planetwatch does not ask for your personal data via e-mail or via social networks or links.
In addition to this, Planetwatch warns the User and the Customer that pop-up messages may appear during the purchase process in which, through the fraudulent use of Planetwatch’s trade name and brand, the User or Customer is invited to fill out a survey in exchange for a gift or gift certificate of a certain value.
These are not Planetwatch promotions and the gifts listed do not exist.
In the circumstances described above, the User must pay the utmost attention and immediately report such conduct to Planetwatch.
References for making contact with Planetwatch for this purpose are available on the Planetwatch Website and Apps in the “Support” section.
Planetwatch provides the above information in order to inform and raise awareness, but this information does not imply professional advice. Planetwatch is not responsible for any fraudulent uses of the Planetwatch brand that may be made by third parties. In the same way, Planetwatch warns its Users and Customers that it is not able to control programs or files that may be inserted into the User’s computer while surfing the Internet, and recommends the User to take the necessary preventive and security measures (such as, for example, installing antivirus software and constantly taking care of security updates), so that the User is protected from possible attacks by third parties.
If the User or Customer is aware of any fraudulent actions, they may contact Planetwatch and try to take the necessary measures indicated in this respect.
Article 9 – Social Network and Advertising
Planetwatch may access and process such public information of the User, in particular, his/her contact name. This data will only be used within the Social Network and will not be incorporated into any file unless otherwise indicated. The User may at any time access the privacy policies of the Social Network itself, as well as configure his/her profile to ensure his/her privacy.
Use of User/Customer Profile
Planetwatch may proceed with the following actions:
– Access to public profile information.
– At the User’s request, publication in the User’s profile of information that has previously been published on the Planetwatch page.
– Sending individual messages through the different channels of the Social Network, where present.
– Updates to the status of the page that will be displayed in the User’s profile.
The User may, at any time, check his/her connections and delete content that he/she no longer considers to be of interest. He may also modify and limit the subjects with whom he shares his connections through the privacy setting.
– Facebook: https://www.facebook.com/privacy/explanation
– Twitter: https://twitter.com/privacy?lang=it
– LinkedIn: https://www.linkedin.com/legal/privacy-policy
– YouTube: https://www.google.es/intl/it/policies/privacy/
– Instagram: https://instagram.com/about/legal/privacy/
Users and Customers are invited to always read carefully the privacy policies of Social Networks.
Customer Service – Service desk ticketing
Users are absolutely forbidden to post comments, images and, more generally, any content of an offensive, defamatory, scandalous, pornographic and/or discriminatory nature when communicating with the PlanetWatch Customer service via ticketing or other means.
The same applies to any content that violates privacy or other rights of third parties, including but not limited to image, intellectual and/or industrial property rights.In case communications sent to the customer service violate these terms and conditions, Planetwatch will immediately ban the User and prevent him from forwarding further communications and interacting with the Planetwatch systems. The User will also receive a legal warning and all communications of an offensive, defamatory, scandalous, pornographic and/or discriminatory nature will be transmitted to the PlanetWatch legal department that might contact, if appropriate, law enforcement agencies in the User’s country of residence.
Blogs and Forums
Users have the opportunity to post content in Planetwatch blogs and forums, through comments and/or photographs (hereinafter, the “Content”).
The person identified, in any case, as the person who published the Contents, will be responsible for them. Such Contents shall not in any way reflect the opinion of Planetwatch. Users are absolutely forbidden to publish comments, images and, more generally, any content of an outrageous, pornographic and/or discriminatory nature on the Planetwatch blog and forum, on the basis of sex, language, religion, race, ethnic origin, opinion and union membership and/or politics, as well as any content that violates the privacy or rights of third parties, including, by way of example and without limitation, image rights, intellectual and/or industrial property rights.
Planetwatch is not responsible for the Content nor for any errors, inaccuracies or irregularities in the same, and is not liable for damages that may result from the inclusion of such content in the sections of Social Networks or other platforms that may allow this type of service. The User who inserts Contents in the blog or Fanpages guarantees that he or she is the author and also guarantees that they do not violate the rights of third parties, and grants Planetwatch the right to reproduce and use them, including in direct communication to the public. Planetwatch is not responsible for any damage or loss that may be caused by the use, reproduction, distribution or public communication or any other type of activity carried out on content protected by intellectual property rights belonging to third parties, without the User having duly obtained the necessary authorisation from the respective owners to carry out the use they intend to make. Planetwatch reserves the right to withdraw, at any time and unilaterally, the Content published by the User in the Planetwatch blog or forum in any section of the Website or Social Network of reference. Planetwatch shall also not be liable for any information submitted by the User when it is not aware that the information it has in its memory is illegal or could damage the property or rights of third parties liable to compensation. Once Planetwatch has actual knowledge of the illegality of the content, it undertakes to act diligently to withdraw it or make it impossible to access it. To make any reports regarding the Contents, Users may send an email to the following e-mail address: [email protected]
Article 10 – Advertising and third party links on the website or social networks
The website and/or Apps may include advertising or sponsored content referring to third party advertisers and sponsors. These parties are solely responsible for ensuring that the material posted on the Website and/or the Planetwatch Apps is in line with current legislation. In any case, it is strictly forbidden for advertisers and sponsors to publish on the Website, the Apps and the Planetwatch Social Network pages, links, advertising and any content of an outrageous, pornographic, and/or discriminatory nature in terms of sex, language, religion, race, ethnic origin, opinion and union membership and/or politics. Planetwatch is not responsible for any errors, inaccuracies or irregularities affecting the advertising content or sponsors. Links to third party sites and the Planetwatch Website.
Links to third-party external websites may appear on the Website and other Planetwatch platforms. Planetwatch is not responsible for the content of the links, nor is Planetwatch responsible for the sites accessible via these links or for changes or updates to these sites. These links are provided solely to let you know of other sources of information about a particular subject matter and the inclusion of any link does not imply endorsement by Planetwatch of the linked site or any endorsement of its contents. In addition, Planetwatch only allows links to this Website to be created at the home page level, and the inclusion of such a link does not imply endorsement by Planetwatch of the linked site or its content.
In any case, Planetwatch prohibits third parties from:
– Create hyperlinks without prior written permission from Planetwatch.
– Structure the Planetwatch Website with sites or elements of sites outside Planetwatch.
– Link online and incorporate elements of the Planetwatch Website into sites belonging to persons or entities outside Planetwatch by any other means.
Article 11 – Partial Invalidity
Article 12 – Communications between Planetwatch and the User
In addition to the “Support” section, Planetwatch also provides the customer with the support email address Planetwatch shall be addressed to Planetwatch’s address set out in Clause 3 above and shall be in writing.
Article 13 – Modification of the general conditions of use
Article 14 – Assignment of rights and obligations
Article 15 – Applicable law and Jurisdiction
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