Terms and Conditions of Use of the impactMarket App and Website
1.1. These Terms and Conditions of Use (hereinafter the "Terms and Conditions") govern the use of the "impactMarket App" for mobile devices, compatible with the iOS or Android system (hereinafter the "App") managed by impactLabs, with registered office in Rua Irmãs Missionárias do Espírito Santo, n°37, 4715-213 Braga, Portugal, bearer of the Portuguese tax payer number 516228293, email: [email protected] (hereinafter "impactLabs").
2.1. These Terms and Conditions are directed at Users who are part of a vulnerable community and intend to benefit from the Unconditional Basic Income System.
2.2. The impactMarket App allows anyone in a vulnerable community registered as a beneficiary, to receive an Unconditional Basic Income. For that purpose, a community manager must create a community in the platform and register each beneficiary of the specific community in the App. Afterwards, the beneficiaries may start claiming their Celo Dollars and receiving the amount in their Valora’s account (Celo’s digital wallet, a different App).
2.3. By using the impactMarket App, the User accepts the present Terms and Conditions and declares for all due purposes that he/she has the legal capacity to contract and to assume all the obligations associated to such contracting.
3.1. Access to and navigation of the App is free and does not require registration. However, to benefit from the Unconditional Basic Income, it is necessary to be registered as a beneficiary on the App.
3.2. Access to and browsing on the App implies the express and unreserved acceptance of these Terms and Conditions.
3.3. The acceptance of and compliance with the Terms and Conditions will be compulsory for any User accessing, browsing or using the App. If you do not agree with these Terms and Conditions, please do not use the App.
4.1. In order to be able to use the App and, therefore, benefit from the Unconditional Basic Income, it will be necessary to register the Beneficiary’s Valora account number.
4.2. To create a User account on the Valora App, please refer to the requirements specified directly by Valora. The impactMarket App doesn’t have access to the User’s personal information included in Valora.
5.1. As previously stated, in order to become a beneficiary and receive the Unconditional Basic Income, it is necessary to be registered by a community manager in an existing community on the App. For that purpose, please note that the inclusion is up to the community manager according to the specific strategy and requirements of each community. Only individuals can benefit from the UBI.
5.2. Being a valid Beneficiary, if you wish to receive the monetary amount that you are entitled to, you should inform your Valora’s account number, where the UBI designated is deposited every time you claim through the impactMarket’s App. The smart contract parameters amount per claim, frequency of claiming, total amount per beneficiary and time increment per claim are predefined when the community is created and can’t be changed after all. When you are a beneficiary, what you will receive is exactly what was defined when the community you are part of was created.
5.3. Once you become a beneficiary, you can benefit from the UBI until you claim the total amount designated to you in the community’s smart contract. After receiving the total amount, you can’t be added again as a beneficiary of any community in impactMarket’s App. The community manager has the right to remove you as a beneficiary from the community, and if so, you won’t have the right to benefit from the UBI related to the community's smart contract anymore.
6.1 In order to benefit from the Unconditional Basic Income distributed by the impactMarket APP, the beneficiary will not have to incur any costs.
7.1. The website and app User acknowledges and assumes, for all legal purposes, that the contract will be executed immediately. Accordingly, the User consents and recognizes he/she does not benefit from the right to withdraw from the contract concluded through the App or Website.
8.1. Access to or use of the App for illegal or unauthorized purposes is not permitted and, because of this, the consequences will be the exclusive responsibility of the User; more specifically, the following are prohibited, on an enunciative but not limitative basis:
- The use of the App for the transmission, installation or publication of any virus, malicious code or other harmful programs or files.
- Accessing, without authorization, any section of the App, other connected systems or networks or the services offered through the App, by means of hacking, forgery, password extraction or any other illegitimate means.
- Violating or attempting to bypass the security or authentication measures of the App or any connected network, or the security and safety measures inherent in the content offered on the App.
- Perform any action that causes a disproportionate, unwarranted and unnecessary saturation in the infrastructure of the App or the App’s network systems, or prevent the normal development of an event, contest, promotion or any other activity available through the App or any of its functionalities, either by altering or attempting to alter, illegally or otherwise, access, participation or operation, falsifying the result and/or using fraudulent participation methods, by any procedure, and/or by any practice that violates these Terms and Conditions in any way.
8.2. The User who does not comply with the conditions set out in this clause will be liable for any claim for damages that may occur as a result. Even if there is no third party claim, impactLabs reserves the right to prevent access to the App to Users who violate these conditions.
9.1. The User acknowledges and accepts that all trademarks, commercial names or logos, as well as any other intellectual property rights on the content, products and/or any other elements concerning the App are the exclusive property of impactLabs (hereinafter "impactLabs Intellectual Property").
9.2. The App as a whole and multimedia artistic work is protected as copyright under applicable law.
9.3. It is also prohibited to remove, ignore or manipulate the copyright or other notices of impactLabs, as well as the technical protection devices or any information/ protection mechanisms that may contain the content.
9.4. Except as otherwise agreed upon, we hereby grant you a limited, nonexclusive, non-sublicensable license to access, install, and use the App solely for personal and noncommercial purposes, conditioned on your compliance with these Terms.
9.5. You will not use, copy, adapt, modify, decompile, reverse engineer, disassemble, decrypt, attempt to derive the source code of, prepare derivative works based upon, distribute, license, sell, rent, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Software and Content, except as expressly permitted by us or as permitted under applicable law.
9.6. Any unauthorized use of the App is strictly prohibited and will terminate the license granted in these Terms.
9.7. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.
11.1. The parties undertake to fulfil their legal and contractual obligations generated by virtue of this contract. If one party fails to fulfill any of its obligations or prevents the fulfillment by the other party, the other party will have the right to claim damages, both for damages and consequences for loss of profits.
11.2. The parties shall be liable for any breaches that may have occurred intentionally, the other party being indemnified for any error, fault or negligence not attributable to it, and for any damage arising from said breaches or errors attributable to the other party. 11.3. You acknowledge and agree that impactLabs does not warrant or is otherwise liable for, including, but not limited to, the following:
- Continuity of the content of the App;
- Absence of viruses and/or other harmful components on the App or the server that hosts it;
- The invulnerability of the App and/or impossibility of violating the security measures adopted;
- Bad transmission and/or reception of any data and/or information on the internet;
- Failure of any receiving material or communication lines;
- Any dysfunction in the internet network, which prevents the correct functioning of the App and/or the correct development of the services;
- The lack of usefulness or performance of the App;
- Damage caused to you or any third party, by any person infringing the conditions, rules and instructions impactLabs sets out on the impactMarket App or through the violation of its systems;
- Any consequences in the performance of the App’s services derived from false or incomplete information provided by the user;
11.4. impactLabs will not be responsible for any damage caused to the User's computer software or equipment during the use of the App, nor for any damage or loss of any kind produced to the user that is derived from failures or disconnections in telecommunications networks, which produce the suspension, cancellation or interruption during the provision of the service.
11.5. impactLabs will use all commercial and technical efforts at its disposal to keep its services available through the App, which is an obligation that, however, does not apply to any lack of availability or performance caused by causes beyond impactLabs’ control, force majeure, internet access problems, technological problems.
11.6. In any case, impactLabs reserves the right to suspend, modify, restrict or interrupt, temporarily or permanently, access, navigation, use, hosting and/or downloading of content and/or use of the App’s services, with or without prior notice, for Users who violate any of the provisions detailed in these Terms and Conditions, without the User being able to claim compensation for this cause.
12.1 .impactLabs has no access to manage users (which includes adding or removing users), community managers and beneficiaries, from any community.
12.2.Beneficiaries can be removed at any time from a community’s smart contract by the community managers in charge and impactLabs has no influence or action in this decision.
12.3. A community manager can be removed by other community managers from the same community, and impactLabs can’t influence it or control it as well.
impactLabs reserves the right to make changes to the Terms and Conditions at any time. Such changes will be communicated to the customer via e-mail 20 days before the new Terms and Conditions come into force. If you do not accept the new terms you should delete your user account and your continued use of the App will be considered as acceptance of the new Terms and Conditions.
14. APPLICABLE LAW AND JURISDICTION
14.1. These Terms and Conditions, as well as the pre-contractual relationship are governed by Portuguese Law.
14.2. Any dispute that may arise between the contracting parties regarding the interpretation or execution of these Terms and Conditions of Use will be under the responsibility of the Courts of Lisbon.
14.3. The User may resort to the entities for alternative resolution of consumer disputes listed at the Consumer Portal at http://www.consumidor.pt/, where the User may consult the identification of said entities and their respective contacts in a dynamic and updated manner, or the European Online Dispute Resolution Platform, available at http://ec.europa.eu/consumers/odr/s. The User may submit complaints and report errors submitting a ticket through the dedicated page https://impactmarket.uvdesk.com/en/customer/create-ticket/ .