General Terms & Conditions

General Terms and Conditions (GTC) of the Social Business Network AG and the platform 1planet4all (1planet4all)

for the use of the services under the top level domain www.1planet4all.net and the 1planet4all mobile applications

Version:1.0 of 1. August 2019

Welcome to 1planet4all! Below you will find the General Terms and Conditions (GTC) governing the use of www.1planet4all.net and all of its sub-domains and aliases of this domain.

When using the 1planet4all platform, please be aware, that it is an online platform and any information you disclose about yourself and everything you upload can be freely viewed, copied, used and passed on by others.

By registering on the 1planet4all – platform and using it, you consent to the following General Terms and Conditions (GTC)

 

 1 Scope

These GTC shall govern the legal relationship between a registered user and 1planet4all. The GTC shall be applicable to all services offered by the 1planet4all platform. A user can be an individual or an organisation with any type of legal entity.

An individual user must be of legal age and an organisation must be correctly registered under the law of the country of domicile.

All users (individuals and organisations) are only allowed to register one user account on the 1planet4all platform. The only exception are users who are granted an administrator account in addition to their normal user account.

Conflicting terms of use or conditions of the user shall not be applicable and are hereby rejected. The GTC can be printed or downloaded in PDF format.

By using the services of the 1planet4all platform, the user enters into this agreement. In addition these GTC shall also govern the interaction and the transactions between the users of the 1planet4all platform. But users shall not claim rights derived from this agreement against other users without prior permission of 1planet4all.

1planet4all has the right to change and improve these GTC at any time with a prior notice of 10 days, so the user has time to decide if he wants to accept or not. The user will be informed about the changes by mail or by a message on the 1planet4all platform and the changes will be in effect, if the user does not object within the 10 days.

1planet4all operates an internet platform with integrated services provided «as is» and can change and/or enhance these services at any time. These services are mainly software based and unfortunately every software can have errors. 1planet4all cannot be held liable for any consequence of such errors. We will do our best to correct errors and minimise any impact on data stored on the platform. The architecture of the platform should provide a high availability, but maintenance and security updates may force us to take the platform offline for some time. In general the platform offers internet based services, which means, that the availability of an internet connection on the side of the user is mandatory.

Any service provided by a third party shall not be part of or even included in these GTC.

Regarding the content and communication between users we refer to our document «Guidelines for Content and Communication on 1planet4all».

The basic membership on 1planet4all is FREE and will always be free. The «Premium Services» will offer additional features and will be provided for a monthly fee.

The user who registers on the platform has to consent to these GTC and as s/he continues to use the platform he does agree to any changes 1planet4all has to apply to the GTC.

The user is responsible for the information submitted to the 1planet4all platform. The user name can be chosen freely, but the rest of the information needs to be correct and truthful for legal and compliance reasons. Depending on the services the user wants to use he has to complete the relevant sections in his profile. The user must update his mail address whenever he wants to change it. 1planet4all will contact the user always by mail.

1planet4all has the right to exclude a user from the platform. Normally there will be a reason given for such an action, but in rare occasions it might be appropriate, that there is no reason given for excluding a person or an organisation.

Individual users are not allowed to pass on their credentials to another user and by doing so give another person access to their personal account. Such an action is considered fraudulent and will have the consequence, that the user will be banned from the platform.

If a user does no longer want to use the 1planet4all platform he can ask for deleting his account and his data. In such a case 1planet4all will block the account and keep only the data, which needs to be archived for «Legal & Compliance» reasons.

Each user has the option to give instructions in his profile, what shall happen with his data once he no longer wants to be active or can no longer be active on the platform, e.g. in case s/he dies. The same applies to an account of an organisation in case the organisation is dissolved or goes bankrupt.

In case an account is compromised and a user notices strange actions on his account the user must report such incidents immediatly to This email address is being protected from spambots. You need JavaScript enabled to view it.. 1Planet4all will not be liable for any loss or damage arising from a compromised account.

If the 1planet4all administrators notice any unusual action on any user account, which might affect proper operations of the platform or even cause security issues, 1planet4all reserves the right to block any user account temporarily without prior notice to the user. The user will be informed by mail if such an action is taken.

 

 2 Services

The basic service of using the 1planet4all platform is and will always be FREE.

Any kind of premium service and also advertising on the 1planet4all platform will cost a certain fee, which is published on the 1planet4all website.

We inform the user, that for online payment procedures (i.e. credit card, direct debit, Sofortüberweisung, etc.) the necessary data will be transferred to the so called payment service provider and if needed the bank of the user, which which are third parties.

 

 

If the user does not provide enough funds for the services he is using, then his features will automatically be reduced to the features of the FREE version. 1planet4all reserves the right to change, enhance or reduce the services and also change the prices for the premium services. The change of prices will be announced at least one month in advance. The new prices will become effective for the 1st of the following month. The user has the right to terminate the current membership by sending a message to 1planet4all within 10 days of the announcement.

If the user pays in FIAT currency s/he can request an invoice in PDF format for the paid amount. The invoice will be sent to the user´s mail address.

The platform 1planet4all is a platform, where the user is responsible for the content s/he provides. For legal and compliance reasons the user must provide correct information regarding her/his identity and address. Only the user name can be chosen freely.

The content users are providing must be legal and in addition respectful in any possible way. 1planet4all is a platform based on the values. The core values are ethical, mindfulness, peacefulness, protecting the environment, respect, tolerance. This is the common basis for all activities and the content we provide on the platform. For users, who need an explicit we provide the document «Content guidelines for 1planet4all». This document is available on the 1planet4all website.

As a platform, we do implement and respect the highest possible standards of privacy. As such we also consider the messages between the user as being private. Only in case another user reports messages as being offensive or even containing insults we will ask to disclose such messages to our administrators and to our content team, so they can judge and take appropriate measures. If the case is not easy to judge, they might just issue an official warning, but in extreme cases, the user will be banned from the 1planet4all platform.

The user grants 1planet4all the right to review all his content and assess, if the content provided is legal and does comply with the 1planet4all guidelines and rules.

Regarding the user generated content, the user grants 1planet4all all the related rights, which means, that 1planet4all can store the content, make it available to other users, reproduce, disseminate and broadcast the content royalty-free, perpetually, irrevocably, non-exclusive, universally transferable and fully sublicensable. This right includes also the option to process the content in any way, which is needed and suitable.

If 1planet4all receives money from a third party for a specific content, this revenue will be shared with the user. In addition, the user shall have the right to use his own content in any way, but not other content, e.g. the content of other users of the 1planet4all platform.

The user hereby accepts the right of 1planet4all to publish photos taken at events and occasions, which were published on the platform. If the user wishes that her/his photos are not published, s/he must inform the photographer or the cameraman at the event, that s/he does not want her pictures to be published.

If the user wants to have photos removed from the platform s/he has to write a mail to the administrators of the platform and request the removal of the photo or video.

1planet4all shall not be liable for any content provided by the user. The platform can also not guarantee, that the content is true or accurate.

 

 

If any content does not comply with the «1planet4all Content Rules and Guidelines», then any user can report that content. 1planet4all will investigate the complaints and may take any appropriate action, including but not limited to issuing a warning (maximum three), removing or blocking the contents in question and/or terminate the accounts and/or the subscriptions of users involved in the case.

1planet4all will include content from third parties on the platform. We are not liable for such third party content, but we comply with national rules, which are applicable to our platform such as the German Telemediengesetz.

The GTC are valid as long as the user uses the services, even if s/he uses the services for free. There are two kind of paid memberships. The monthly membership is valid for one month or several months. Yearly memberships come with a discount and cannot be terminated until the end of the 12 months period.

1planet4all will only terminate a FREE membership, if the users does not respect the rules and guidelines of the platform. The user can delete or request the deletion of his account at any time. In order to avoid any misunderstanding, this request has to be made with a registered letter to the Social Business Network AG. This request must contain the following information: First name, last name, registered user name on the 1planet4all platform and her/his Mail address.

1planet4all a user will be notified that he can no longer use the platform, if one of the following circumstances happens:

  1. The user does not comply with any applicable rule or guideline from 1planet4all.
  2. The user, based on her/his personality or on her/his activities does impact in a very negative way the community of 1planet4all or the 1planet4all companies and their reputation.

In addition 1planet4all has the rights to take the following actions if there are potential issues with the content a user posts:

  1. Delete or block content a user has posted,
  2. Inform the user about the issues, which caused deletion or blocking of the content.
  3. As a last measure 1planet4all can block the user›s access to the services.

The user has no right to claim any reimbursement of a monthly or a yearly payment in case his content is not appropriate and his access is blocked for this reason.

 

Privacy

Privacy is a very important value and aspect of the 1planet4all platform. Therefore we have written a specific document «Privacy on 1planet4all» about the user's privacy on our platform. The legal basis for this in the European Union is the GDPR (General Data Protection Regulation).

 

Liability of 1planet4all

1planet4all shall only be liable for any damages, if the damage is caused by violation of an important contractual obligation or gross negligence or willful misconduct of a staff member of 1planet4all.

The liability shall be limited to typical damages, which 1planet4all could reasonably foresee. This limitation shall not be applied to damages, which are caused through gross negligence or willful misconduct.

1planet4all shall not be liable for indirect damages unless those damages are caused by gross negligence or willful misconduct.

Nothing shall limit the liability of 1planet4all for personal injury and property damage claims based on a product liability act.

The 1planet4all platform only provides a technical infrastrucutre for communication and interaction among the members of the platform. The users involved in a communication and/or interaction are fully responsible for what they are doing. Registration on the 1planet4all  platform is FREE. Therefore anybody can register. 1planet4all does not make any background check and can therefore not be made responsible for what a user is doing or how s/he is behaving. In case of inappropriate content or in case of bad behaviour the platform offers the function «Report User» or «Report Content».

The platform provides information about events, which are organised by third parties. If participating in any event published on the platform causes some problems, 1planet4all cannot be made responsible for participating in any third party event. Events organised by members of the platform are also considered as «third party events», where the organiser(s) are fully responsible.

Group Managers or Volunteers who are in one way or the other active for the platform 1planet4all are in no way legally connected to the platform. Therefore the platform cannot accpt any legal responsibility or liability for damages resulting from the behaviour of people who are active on the platform.

 

Indemnity

The users shall indemnify and hold 1planet4all harmless and not accountable for claims for the breach of third-party rights for which the user is responsible. Each user has to make sure, that s/he does not breach any contractual or legal obligations. Users are also responsible for any illegal activities. 1planet4all reserves the right to block a user immediately in case illegal activities are discovered. This is especially true for illegal content and content, which does not comply with the document «Content Guidelines». Should illegal activities of users result in a court case, then the user(s) involved will also have to bear the cost involved, in particular court and attorney costs.

 

Salvatorian Clause and Miscelleanous

If any rule in these GTC is, for any reason, invalid and/or unenforceable, the remaining rules shall continue to be valid and enforceable. Unintended gaps within these GTC shall be filled with a rule, which comes close to the intention.

The place of enforcement and jurisdiction shall be the main place of business of 1planet4all. Consumer jurisdiction may be different according to local legislation.

 

These GTC and the contractual relationship shall be governed by Swiss and where applicable be international Law.

Consumer's Right to Cancellation

The user can cancel his contract with the 1planet4all platform any time.

If a user cancels additional services for which he had to pay, then his status is automatically set to the FREE membership. In case of cancellation of a paid membership the user will receive a refund as outlined in our document «Refund Policy».

The users right of cancellation ends before the 14 days, if

  • the user has explicitely agreed that 1planet4all can already start providing the services for which the user registered and paid.
  • the user has explicitely confirmed, that s/he is aware of losing her/his cancellation rights due to using the 1planet4all services already.

 

Content Disclaimer

The content and the articles provided on the 1planet4all platform will be checked regularly. To the best of our knowledge, we will make sure that the information is accurate and up-to-date at the time of publication. But as a platform we cannot give any guarantee for the completeness and correctness of information. The responsibility for the user generated content is with the registered users as only registered users can add content.

The articles on 1planet4all are neither legal advice in any way nor can they replace the advice of other professionals in their relevant field.

With the information on 1planet4all we want to offer relevant information about all aspects of sustainability and social issues. Some of the topics in this area are controversial. We cannot be held responsible if the user's opinion and/or experience is different from what other authors write in their articles.

This is a translation of the German original. In case of any conflict of interpretation or discrepancies between the translated version of General Terms and Conditions and the original German version, the German version prevails.


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