General Terms and Conditions ChampSDA GmbH

Status 28.03.2022

Provider: The ChampSDA GmbH (hereinafter referred to as "ChampSDA") FN of the commercial register of the Eisenstadt Commercial Court.

Media owner: The ChampSDA GmbH Industriegelände 8 7041 Wulkaprodersdorf

Scope of application
1. The following terms and conditions apply to all services of ChampSDA and regulate their use.
2. By registering on www.greensafe.one the user explicitly accepts these terms and conditions as well as the privacy policy of ChampSDA.
3. Persons over the age of 18 are entitled to use the services of ChampSDA.
4. The use of ChampSDA's services for commercial purposes is subject to the express written consent of ChampSDA.
5. These General Terms and Conditions ("GTC") apply to contracts concluded between us and the customer who uses our services via ChampSDA.
Registration and account access
1. On GreenSafe.com, the activation of content is possible without registration.
2. To use further features of GreenSafe, the user must register on the website and select an access password for his user account. The user will receive a confirmation to the e-mail address provided.
3. In the course of registration, the user undertakes to provide truthful and complete information. In individual cases, ChampSDA reserves the right to check the accuracy of the information provided. Pseudonyms are permitted.
4. ChampSDA is entitled to refuse a registration without giving reasons. There is no right to registration.
5. Users are allowed to create a maximum of one user account on the platforms of ChampSDA. Even if the platforms are different, multiple registrations are not permitted and will result in the blocking or deletion of the registrations.
6. An email will be sent to the email address provided by the user to confirm the registration (exception: Facebook login). The registration process shall only be deemed to be completed when the user calls up the confirmation link contained in the mail or enters the pin code received on the platform.
7. After completing the registration, the user can consume the services of greensafe.com.
8. The completed registration constitutes a contractual relationship between ChampSDA and the registered user, which is governed by the provisions of these Terms and Conditions as well as the Privacy Policy, which forms an integral part of these Terms and Conditions.
9. The use of the basic functions of the services of ChampSDA is free of charge after registration. The user must agree to the use of cookies in accordance with ChampSDA's Privacy Policy. According to ChampSDA's privacy policy, these will be used for additional use of cookies for marketing purposes and advertising.
10. We reserve the right to refuse an application for registration or an existing registration without giving reasons or to revoke it for the future. A revocation has no effect on contracts that have already been concluded but not yet fully processed. These are to be fulfilled by both parties.
Services
1. We offer customers a cloud-based storage space for digital assets outside the blockchain - SDAs (Secure digital Assets).
2. The digital objects are made available and stored in our cloud as SDAs including a certificate for the owners.
3. The SDAs and an associated certificate are identified in the form of a URL (Uniform Resource Locator), which confirms and guarantees the originality of the SDA due to its uniqueness.
4. Users can create a profile and upload photos to their profile (photo guidelines apply).
5. ChampSDA is entitled, but not obliged, at its own discretion and without the user's consent, to check the content created by the user for its compatibility with legal provisions and ChampSDA's terms and conditions and, if necessary, to delete the content concerned.
6. Due to possible technical developments of the existing internet, changes in legal regulations as well as further developments of its own or third party products, ChampSDA is entitled to make changes to the services it provides at any time.
Photo guidelines
1. ChampSDA provides guidelines regarding the uploading of photos to the User's profile and to the public community areas, which the User must comply with. ChampSDA has the right (no obligation) to delete, at its sole discretion and without the user's consent, any photo uploaded by the user that contradicts these guidelines.
Obligations, duties and rules of conduct of the user
1. In order to make full use of all services of ChampSDA, the user requires the current (browser) technologies and must enable their use (e.g. activation of Java script, cookies, pop-ups).
2. The access data (password, user name) are subject to strictly confidential treatment by the user and must be protected from unauthorised access by third parties. These access data may not be disclosed to anyone, including employees of ChampSDA. If the user suspects that his access data (password, user name) have become known to third parties, he undertakes to change the password immediately and to inform ChampSDA accordingly. If the user passes on the access data (password, user name) to third parties, the user is liable for all damages caused by this.
3. The user undertakes to use all services provided by ChampSDA in accordance with their terms and conditions and not to take any actions that harm or endanger ChampSDA and/or other users. Furthermore, compliance with all instructions, recommendations, etc., which ChampSDA provides on its website, in user manuals and/or other documents made available to the user at the time of conclusion of the contract or thereafter, also fall under the intended use.
4. In the user's profile, the entry of personal data is at the user's own risk and responsibility. Entries of personal telephone numbers, hyperlinks referring to such data or a personal e-mail address are not permitted in the user's profile.
5. The publication of data of third parties is only permitted with their consent.
6. The user undertakes to comply with all relevant statutory provisions (e.g. Criminal Code, laws for the protection of minors, Prohibition Act, Pornography Act, E-Commerce Act, Telecommunications Act, Copyright Act, Unfair Competition Act, Media Act, Basic Data Protection Regulation, any personal rights arising from other laws such as the Austrian Civil Code, etc.) when posting content.
7. The user further undertakes not to insult, threaten or harass other users and/or third parties and/or to infringe their (personal) rights.
8. Apart from any civil and criminal consequences, the user shall fully indemnify and hold ChampSDA harmless for any damages whatsoever and for any claims of third parties whatsoever resulting from violations of the user's obligations under § 5 of these terms and conditions.
Rights of use and copyright
1. ChampSDA is the sole owner of the distribution, processing, reproduction and copyright rights, as well as the right of incorporeal transmission and reproduction of ChampSDA's services and the content contained therein. The use of ChampSDA's services and the materials, contents, trademarks and trade names mentioned therein is only permitted for the purposes stated in these terms and conditions.
Prices and terms of payment
1. The prices listed on the website are end user prices for the respective service offered including VAT.
2. The price for services is due immediately upon acceptance of the offer, i.e. upon conclusion of the contract in full and without deduction.
3. We are entitled to change our prices appropriately. Depending on the change, the adjustment may be both an increase in price and a reduction. The specific extent will take into account the change in the offer and the inflation that has occurred.
4. Payment of the price is possible with the respective payment providers shown on the site.
5. The customer agrees that the invoice will be sent to him/her electronically by e-mail only.
6. In the event of a default in payment on the part of the customer, we shall charge the annual statutory interest on arrears in the amount of 4 percent per year. Furthermore, in the event of a default in payment for which the customer is responsible, the customer undertakes to bear all costs and expenses (reminder and collection fees) associated with the collection of the claim that were necessary for the appropriate legal prosecution.
Security
1. The originality of each ChampSDA object is guaranteed by generating a unique URL (Uniform Resource Locator) for each object, which the buyer receives (certificate) upon completion of the purchase.
2. In addition, all purchase transactions are secured in the form of backups.
Right of withdrawal
1. In principle, the customer has the right to revoke the contract within fourteen days without stating reasons, unless an exceptional provision applies.
2. Cancellation policy Right of withdrawal You have the right to withdraw from this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day of the conclusion of the contract. In order to exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter or e-mail sent by post). In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.Consequences of the revocation If you withdraw from this contract, we must refund all payments we have received from you immediately and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. If you have requested that the services begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.Exceptions to the right of withdrawal The right of withdrawal shall expire in the case of a contract for the supply of digital content not on a tangible medium if the trader has commenced performance of the contract after the consumer has expressly consented to the trader commencing performance of the contract before the expiry of the withdrawal period and has confirmed his knowledge that by consenting he loses his right of withdrawal on commencement of performance of the contract.In the case of a contract for the provision of services, the right of withdrawal shall also expire if the trader has fully performed the service and has only started to perform the service after the consumer has given his express consent to this and at the same time has confirmed his knowledge that he loses his right of withdrawal upon full performance of the contract by the trader. In the case of an off-premises contract, the consumer's consent must be transmitted on a durable medium.
Availability / Warranty
1. ChampSDA endeavours to offer its services to users on a permanent basis. Software updates, maintenance or due to certain circumstances (force majeure, technical problems of third parties), which cannot be influenced by ChampSDA and therefore cannot be solved by it, may lead to downtimes. In these cases, no claims for damages and/or warranty claims can be asserted by the user.
Liability
1. ChampSDA is only liable for compensation of damages caused in connection with this contract by ChampSDA or its employees in the event that damages were caused by gross negligence or intent, insofar as this does not violate mandatory law. However, the accompanying limitations of liability do not apply to compensation for personal injury.
2. Without prejudice to the limitation of liability, ChampSDA's liability for loss of profit, loss of data, loss of assets or other consequential damages is expressly excluded.
3. ChampSDA accepts no liability for content disseminated by the user on the platforms of greensafe.com or for damages resulting therefrom.
Shutdown of the service
1. In the event of an economic threat to ChampSDA through the continuation of operations, ChampSDA is entitled to shut down the service, which is the subject of the contract, in whole or in part. If the security of users or ChampSDA is endangered, ChampSDA has the right to shut down the services as well. Users will be informed immediately by ChampSDA if the above measures become necessary.
SanctionsChampSDA reserves the right to take the following steps in the event of a breach of these Terms and Conditions by the User:
1. Warning of the user
2. No publication of the user's content
3. Temporary or permanent ban of the user
4. Deletion of the user's profile and termination of the contractual relationship.
Amendment of these Terms and Conditions
1. ChampSDA has the right to amend these Terms and Conditions at any time. The user will be informed about such changes either by publication on the platforms of ChampSDA or by email about the changed terms and conditions to the email address of ChampSDA given at registration. The user has the possibility to terminate the contractual relationship with ChampSDA due to the changed terms and conditions within a period of one month in writing and/or by deleting the user account. If the user does not terminate the contractual relationship within this period, the amended terms and conditions shall be deemed agreed.
Duration/termination of the contractual relationship
1. This contract is concluded for an indefinite period of time, by deleting the user account the user can terminate the contractual relationship at any time. On the other hand, ChampSDA is entitled to terminate the contractual relationship on its own initiative on the last day of each month, subject to a notice period of one month.
2. In addition, ChampSDA has the right to terminate the contract without notice by deleting the user account if there is an important reason for doing so.
Independent service providers
1. Services of so-called internet content providers (third parties) offered on the platforms of ChampSDA are usually subject to other general terms and conditions and may be subject to charges for the user. For these reasons, the user is obliged to inform himself about the general terms and conditions and fees of the third party provider before using services. When using the services of an Internet Content Provider (ICP), a contractual relationship regarding the services offered is exclusively between the ICP and the user, but not with ChampSDA.
2. ChampSDA does not assume any liability for the services of ICPs.
Confidentiality
1. Data of other users (name, address, telephone number, messages...), which are obtained when using the platforms of ChampSDA, must be treated confidentially by the user. Without the prior written consent of the other user, the user may not, either in whole or in part, directly or indirectly, make data available to third parties.
2. ChampSDA and its users are subject to the obligation to comply with the Data Protection Regulation (DSGVO) and DSG (as amended) as well as any other statutory confidentiality obligations.
3. All aforementioned obligations remain valid even after termination of the contractual relationship.
Place of Performance / Jurisdiction / Choice of Law / Contractual Language
1. Place of performance is Eisenstadt.
2. In the event of legal disputes with consumers, the statutory places of jurisdiction pursuant to the consumer protection act shall apply to such consumers who have their domicile or habitual residence in Austria or who are employed in Austria.
3. Austrian law shall apply, to the exclusion of reference norms of international private law (e.g. IPRG, EVÜ) as well as the UN Convention on Contracts for the International Sale of Goods.
4. The language of the contract shall be German.
Partial invalidity
1. In the event that individual provisions of this contract become legally ineffective, void and/or invalid in the course of their term, all other provisions shall not lose their legal effectiveness and validity. Accordingly, the contracting parties undertake to replace legally ineffective, void and/or invalid provisions. The new, replacement provisions must be legally effective and valid and should correspond as closely as possible in their effects to the replaced provisions.
Final Provisions
1. All legally binding declarations underlying this contract shall be made in writing to the last known e-mail address of the respective other contracting party. A declaration shall be deemed to have been delivered to the respective contracting party if it is sent to the last notified e-mail address.
2. The headings chosen for the individual chapters are for convenience only and are therefore not intended to be used for the interpretation of this contract.
3. The privacy policy of ChampSDA, which is part of these general terms and conditions, is shown under "Privacy Policy". The user declares that he has read and understood this data protection declaration and that he accepts it in full.
4. The user agrees to receive messages for advertising purposes from ChampSDA or third parties commissioned by ChampSDA in accordance with § 107 of the Telecommunications Act. This consent can be revoked by the user at any time in the notification settings.