- ProductBack
- Sustainable Procurement
- About Us
- Resources
1.1 All our services are subject to these terms and conditions. Our services include our online software (“Software”) and our marketplace services. We offer our services on our website (untrash.earth) or with a written or electronic proposal (“Proposal”).
1.2 In using/accessing the Platform, you are deemed to have accepted the terms and conditions (“Terms of Use”) and we reserve the right, in our sole discretion, to make changes or modifications to these terms and conditions from time to time.
1.3 We do our utmost to provide accurate information in our promotional materials and on our website (untrash.earth). This information is meant only as an illustration of our services. You cannot derive any rights from this information.
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of India, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
3.1 We will issue one or multiple user accounts for the Untrash Software. You are accountable for these user accounts and the individuals who utilize them for the Software. You will maintain the confidentiality of the login information for these user accounts. If you have any suspicion or awareness that the confidentiality of the login information has been compromised, you must update it and inform us right away.
3.2 The user-accounts are personal. You will not share these with more than one person and you will not provide the user accounts to persons not or no longer working for you.
3.3 You are permitted to use the Software solely for your own needs and not for offering services to others. Any use of the Software outside of its intended function, which primarily involves calculating and assessing the environmental impact of materials, products, processes, and organizations, is strictly forbidden. You may not reverse engineer or replicate the Software, whether directly or via a third party. While utilizing the Software, you must refrain from causing any disruptions or damages to us or to others.
3.4 If we suspect that you are not acting in accordance with the previous clause, we can take any reasonable measure we deem necessary in order to avoid (potential) disturbance or damages for us or others. You indemnify us for any related claims of third parties.
4.1 You will enter business-related data (also known as "Company data") while using the software. The company data and the outcomes of your computations using the software will continue to belong to you ("Results").
4.2 Our staff can access and view the Company data and Results in order to fulfill our obligations under the Agreement and enable the use of the Software.
4.3 The accuracy and completeness of the Company data and the data in external databases that are connected with the Software are not our responsibility.
4.4 With the Software, you can export the Company data and Results in regular electronic format.
4.5 We are not obligated to keep the Company data available after the end of the Agreement. At your request we will provide you a copy of the Company data at the end of the Agreement.
5.1 We will collect certain personal data (“Personal Data”) about you when you become our customer or when you register for our Software. Such Personal Data may include your name, country, profession, email and telephone number.
5.2 We use the Personal Data to execute the Agreement, including to authenticate and provide you access to the Software, to troubleshoot and to make sure the Software is secure. We will also use the Personal Data to monitor and improve the Software. If you opt in to receive news and information about our services, we will also use the Personal Data to send you such information. You can opt out at any time by following the instructions in emails you receive. We keep the Personal Data for as long as necessary to achieve those purposes and with regard to the Software no longer than your account remains active.
5.3 You have a right to: (i) request that information held about you is corrected, restricted, or erased (ii) object to certain processing activities, and (iii) request a copy of the Personal Data we hold about you. You also have the right to make a complaint with the relevant supervisory authority. We will inform you promptly if we cannot partially or fully meet your request, including the reasons thereof. We are the data controller for all processing of your Personal Data. Questions and requests about the processing of your Personal Data can be sent to [email protected].
We ensure that your Company data is stored securely. In this respect, we take all technical and organizational measures that are customary in the market, considering comparable services as ours.
7.1 We make every effort to keep the Software continuously available, but do not guarantee uninterrupted availability.
7.2 We may temporarily decommission the Software for maintenance, adjustment or improvement. We keep these interruptions short and plan them as much as possible outside office hours. We make every effort to inform you in advance of planned interruptions. We are never liable for compensation of any damages resulting from an interruption.
7.3 We back-up the Software and your Company Data at least once a week. We keep back-ups for at least 1 week.
7.4 We continuously improve the Software, based on the experiences and wishes of our customers. We are not obligated to add specific functionality that you desire to the Software
8.1 The Software and our website describe how you can raise a trouble ticket or complaint about the Software. When reporting, you must provide a short and clear explanation of the problem or complaint.
8.2 We will respond to your ticket or complaint as soon as possible, during office hours. Our response consists of a confirmation of receipt and, if applicable, a description of the action to be taken and the estimated resolution time. We do our utmost to come up with an appropriate solution. This can be a work-around. The specified time for resolution is indicative. We are not liable for damages resulting from us not meeting that timeline.
8.3 You are responsible for the hardware, software and connections you need to access the Software.
9.1 We are both obligated to keep all confidential and/or proprietary information (“confidential information”) that we receive from one another strictly confidential, and we are both restricted from using any such confidential information other than for the purposes described in the Agreement. Information is confidential if the providing party has notified this, if this is stated on the information carrier or if this follows from the nature of the information. In any case, the Company Data and the Personal Data can be regarded as confidential information.
9.2 Section 9.1 does not apply to information a) that was already public at the time of receipt or which became public after receipt without the receiving party violating a confidentiality obligation, b) of which the receiving party can prove that the information was already in its possession when received from the other party, (c) which the receiving party received from a third party, the third party being entitled to provide this information to the receiving party, and (d) made public by the receiving party based on a legal obligation.
9.3 If we engage external experts or third parties in delivering our services, we will ensure that they are bound by strict confidentiality with regard to the confidential information that you share with us. These external experts or third parties will only have access to the confidential information necessary to perform the Agreement.
9.4 We can publish about our services and activities. Without your consent, we will not provide any specific information about you.
9.5 The confidentiality obligations as described in this clause survive the end of the Agreement with a period of 5 years.
10.1 We, and where applicable our licensors, are the exclusive owners of all existing and future intellectual property rights pertaining to the Software and the associated documentation, databases, designs and logos, including modifications thereof.
10.2 You may not use (information about) the Software and the associated documentation, databases, designs and logos for the development of software that competes with our Software.
10.3 We can use the knowledge that we acquire when providing our services to improve our Software and other services. This includes use for statistical purposes, such as analyzing sector trends and preparing and publishing sector benchmarks. We are the owner of any intellectual property rights that may arise from this.
10.4 As a customer, you give us the right to use your name and logo on our website and in our promotional materials.
11.1 We offer various goods and services through our Site, especially eco-friendly sustainable products (the “Marketplace Offerings”). We make every effort to display as accurately as possible the colours, features, specifications, and details of the products available on the Site. However, we do not guarantee that the colours, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colours and details of the products.
11.2 All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.
12.1 The Site may contain (or you may be sent via the Site or the Marketplace Offerings) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content").
12.2 Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.
12.3 Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
We care about data privacy and security. By using the Site or the Marketplace Offerings, you agree to be bound by our Privacy Policy posted on the Site, which is incorporated into these Terms of Use. Please be advised the Site and the Marketplace Offerings are hosted in the India. If you access the Site or the Marketplace Offerings from the European Union or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in India, then through your continued use of the Site, you are transferring your data to India, and you expressly consent to have your data transferred to and processed in India.
We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification.
15.1 We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Marketplace Offerings without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or the Marketplace Offerings.
15.2 We cannot guarantee the Site and the Marketplace Offerings will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site or the Marketplace Offerings at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or the Marketplace Offerings during any downtime or discontinuance of the Site or the Marketplace Offerings. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or the Marketplace Offerings or to supply any corrections, updates, or releases in connection therewith.
15.3 There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Marketplace Offerings, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
16.1 You will appoint a permanent contact person for communicating with us about the Agreement. This communication is done by email, via the email address of your contact person.
16.2 We may amend these general terms and conditions at any time. We will inform you about any amendment 1 month prior to the amendment entering into force.
16.3 Without our prior approval, you will not solicit employees of ours, or let them work for you directly or indirectly, or negotiate about this with them. We can make our approval subject to certain conditions, such as payment of reasonable compensation.
