This version of these Terms & Conditions is effective as of November 29, 2019.
“Content”: Any content submitted by Users on the Project Pura Platform such as, without limitation, text, images, audio material, video material and audio-visual material including but not limited to information about an Organization and/or a Sustainable Project.
“Contributor”: A User who funds a Sustainable Project;
“Organization”: A User who wants to promote and seek funding for its Sustainable Project(s) on the Project Pura Platform;
“Project Pura”: Mr. Shaun van Nerum, a Belgian national, having his domicile at Belgium, 3930 Hamont-Achel, Bleekstraat 5 and Mr. Jesse Gielen, a Dutch national, having his domicile at Belgium, 3910 Pelt, Veurterstraat 35both acting for and on behalf of the company PROJECT PURA VOF, as well as its affiliates, licensees and legal successors and assigns;
“Project Pura App”: The software application made available by Project Pura under the name ‘Project Pura’, and which can be downloaded from the Google® Play Store;
“Project Pura Platform”: The online platform which is accessible through the Project Pura Website or the Project Pura App.
“Project Pura Website”: The website https://projectpura.com;
“Sustainable Project”: “A project for which an Organization is seeking funding and for which natural products and energy is used in a way that does not harm the environment.”
“Third Party”: Any person other than a User or Project Pura ;
“User”: A natural or legal person who visits the website https://projectpura.com or the app ‘PROJECT PURA’, with or without an account.
By using the Project Pura Platform, Users agree to be bound by the Agreement. If Users do not accept and agree to be bound by all of the terms of this Agreement, they should not use the Project Pura Platform.
Project Pura may update and modify the Agreement from time to time. Project Pura may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of the Agreement will always be available at https://projectpura.com/termsThe most recent version is the version that applies. If Users continue to use the Project Pura Platform after the changes become effective, then they agree to the modified Agreement. Users agree that this Agreement shall supersede any prior agreements (except as specifically stated herein), and shall govern the entire relationship with Project Pura, including but not limited to events, agreements, and conduct preceding the acceptance of this Agreement.
3. About Project Pura
The Project Pura Platform aims at connecting Users by allowing Organizations to present themselves and their Sustainable Project(s) to other Users with a view to promoting and raising funds from such Users for their Sustainable Project(s).
In the current beta version of the Project Pura Platform, the fundraising functionality is not yet applicable. Once available, conditions will apply.
4. Access and registration on the Project Pura Platform
The Project Pura Platform is accessible for Users via the Project Pura Website without creating an account. However, specific functionalities on the Project Pura Platform, such as submitting Content will only be accessible for Users with an account. The Project Pura App is only accessible for Users with an account.
Users may register for or log into their account via a third-party network, such as Facebook® or Google®. If Users do so, they hereby authorize Project Pura to use such third-party credentials to log into their account. If Users connect their account to a third-party network, they agree to comply with the terms and conditions and policies applicable to such third party.
Representatives of Users that are legal entities must certify that they have all the rights required to sign this document on behalf of the legal entity they represent.
Users are solely responsible for all the activity on their account, and for keeping their password confidential. Users must notify Project Pura immediately in writing if they become aware of any unauthorized use of their account or password.
Users are solely responsible for any activity on their account which is due to any failure to keep their password confidential and may be held liable for any damages caused to Project Pura by such a failure.
Project Pura has the right to disable the account and password of Users at any time at its own discretion with or without notice or explanation.
Users can submit, from time to time, certain Content for publication on the Project Pura Platform. Such Content may be subject to the prior approval of Project Pura. Project Pura shall be entitled to ask Users for further information o and/or reject the Content and/or the Sustainable Project at its own discretion and without explanation to Users.
In case the Content is subject to prior approval and the Content is approved by Project Pura, Users will be informed hereof by Project Pura and Project Pura will publish the Content on the Project Pura Platform. As well the disclaimer in article 10 as the limitation of liability in article 13 will also be applicable with regard to this Content.
Users shall maintain all their intellectual property rights with respect to their Content. However, by submitting Content with Project Pura, Users grant to Project Pura an irrevocable, perpetual, non-exclusive, transferable, sub-licensable, fully paid-up, worldwide right and license to (i) use, copy, store, display, reproduce, adapt, modify and distribute such Content, (ii) prepare derivative works of such Content or incorporate such Content into other works, in whole or in part, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created, without any further consents and authorizations from Users being required.
Project Pura shall be entitled to remove any Content published on the Project Pura Platform, or stored on its servers.
6. Interactions between Members
Users may communicate with other Users by commenting on and/or endorsing Content of other Users. Project Pura hereby acts as a neutral facilitator and is not directly involved in the actual interactions between Users of the Project Pura Platform. By using the communication tools of the Project Pura Platform, Users hereby acknowledge and agree that (a) all communications methods constitute public, and not private, means of communication and will be accessible to all other Users and (b) communications are not routinely pre-reviewed, post-reviewed, screened, archived or otherwise monitored by Project Pura in any manner, though Project Pura reserves the right to do so at any time at its sole discretion.
7. Intellectual property
Project Pura shall retain any intellectual property rights in any aspect of the Project Pura Platform, whether or not presented in connection with or arising out of rendering its services, whether oral or in tangible form, including working papers and software platforms, as well as the methodologies and technologies used therein, and including any copyrights, patents, database rights, trademarks, trade names and company names.
Users expressly acknowledge and accept that they will not modify, translate, or otherwise create derivative works of the Project Pura Platform unless they have obtained the express prior written permission of Project Pura, which may be subject to conditions. Furthermore, Users agree that they will not reverse engineer any tools, methodologies, techniques or technologies used in connection with or embedded in the Project Pura Platform.
Project Pura’s company name, trademarks, logos, and any other product name, service name, or slogan are the exclusive property of Project Pura, and may not be copied, imitated, or used (in whole or in part) without Project Pura’s prior written consent, which may be withheld at Project Pura’s discretion and/or given subject to conditions.
The look and feel of the Project Pura Platform, including all custom graphics, button icons, and scripts constitute service marks, trademarks, or trade dress of Project Pura and may not be copied, imitated, or used (in whole or in part) without our prior written consent. Users are permitted however to download for caching purposes only, and print pages from the website for their own personal use.
Any other trademarks, registered trademarks, product names, and company names or logos mentioned on the Project Pura Platform or in conjunction with services Project Pura provides (“Third Party Trademarks”) shall remain the property of their respective owners. The use of such Third Party Trademarks is intended to denote interoperability and does not constitute an affiliation by Project Pura with such third party or an endorsement or approval by Project Pura of such third party and/or the latter’s products or services.
Except as expressly noted in the Agreement, Users are not conveyed any right or license in or under any patent, trademark, copyright or other proprietary right of ours or any third party.
The Project Pura Platform may contain links to websites of third parties. None of such links imply or can be construed as an endorsement by Project Pura of the displayed information, the accuracy thereof, nor the third party operating such website or page; these links are provided for information and convenience purposes only. When Users access third-party websites, they do so at their own risk. Project Pura does not control or endorse those sites.
Linking to the Project Pura Website is accepted under the following strict circumstances:
- The Project Pura Platform or part thereof is not displayed in a frame within the website that contains the link, so as to confuse users of such third party website as to the origin of the information so displayed;
- Users do not generate the impression that Project Pura is endorsing the information, products, services, profile or capacity of any third party referred to on such third party website containing the link, e.g., by including following disclaimer “This link is being provided for informational purposes only and does not constitute an endorsement or an approval by Project Pura of any of the products, services or opinions of our corporation”;
- Unless Users have obtained the prior written approval from Project Pura, which may be withheld or given under conditions at Project Pura’s sole discretion, Users do not create the impression that there is any affiliation with Project Pura;
- The information that is displayed in conjunction with such link does not contain or refer to competing products or services, false or misleading advertising, information that can be considered damaging to the reputation of Project Pura and Project Pura’s trademarks, including but not limited to offensive, violent, explicit, obscene, or pornographic content and/or, in general, any content or links to content that is unlawful.
Project Pura reserves the right to revoke any express or implied permission given at its sole discretion, and the User will immediately and unconditionally comply with any such request made by or on behalf of Project Pura.
The Project Pura Platform may contain advertisements and/or promotions of Third Parties. The interaction of Users with, or participation of Users in promotions of, those third parties are solely between Users and such third party and Project Pura does not participate in any way to such interaction. Users acknowledge that they are not obliged to enter into any relationship with any third party that appears on the Project Pura Platform. Users agree that Project Pura shall not be liable for any loss or damages of any kind that may have been incurred by Users as a result of any of their dealings with third party advertisers available through the Project Pura Platform.
NOTWITHSTANDING THE FACT THAT THE CONTENT WILL BE PROVIDED THROUGH THE PROJECT PURA PLATFORM, PROJECT PURA DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY CONTENT SO PROVIDED BY OR ON BEHALF OF PROJECT PURA OR ANY THIRD PARTY CONNECTED TO PROJECT PURA, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY OTHER PARTY THAN PROJECT PURA. UNDER NO CIRCUMSTANCES WILL PROJECT PURA BE RESPONSIBLE OR LIABLE FOR ANY DIRECT OR INDIRECT LOSS OR DAMAGE RESULTING FROM THE USER’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE PROJECT PURA PLATFORM SUBMITTED OR PROVIDED TO OR BY ANY USER OF THE PROJECT PURA PLATFORM.
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE PROJECT PURA PLATFORM AND, IN GENERAL, THE PROJECT PURA SERVICES WILL BE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND PROJECT PURA GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN OR SERVICES RENDERED THEREUNDER, IN PARTICULAR IF THESE ARE PROVIDED BY THIRD PARTIES), INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. PROJECT PURA DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE PERMANENTLY AVAILABLE, UP-TO-DATE, UNINTERRUPTED OR ERROR FREE, SECURE OR THAT ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED.
Furthermore, Users expressly acknowledge and accept that – in general – the transmission of information over the Internet is never completely secure, private or confidential. Therefore, any information that is sent to or received from the Project Pura Platform may be intercepted, decrypted, consulted and/or used by third parties, even if technology is being used whereby such information exchanges are encrypted.
Certain products or information that are displayed or promoted on the Project Pura Platform may not be available in the country or region of certain Users. In case Users should require further information in this respect, they can contact Shaun Van Nerum (firstname.lastname@example.org
11. Representations and Warranties
Users agree, represent and warrant that they will at all times:
- comply with this Agreement;
- comply with any and all applicable laws, regulations and codes of conduct and behaviour that may directly or indirectly apply to the Project Pura Platform;
- comply with any request from any competent authority in relation to the use of the Project Pura Platform, whether directly made to Users or through Project Pura, and to participate voluntarily and at their own expense in any legal proceedings in this respect;
- keep their personal information up to date, and ensure that they are providing sufficient means to Project Pura in order to be able to contact them;
- respect any security tools and settings used by Project Pura in relation to the Project Pura Platform, and that they will not directly or indirectly tamper or otherwise attempt to circumvent or hack the Project Pura Platform;
- maintain true, correct and accurate personal information with Project Pura, including in particular their name and contact information, in so far and to the extent such information has been provided to Project Pura.
In addition, Users represent and warrant that the Content they are providing or the use they are making of the Project Pura Platform, will not infringe or violate the rights of any third party, including but not limited to copyright, moral and image rights, trademark, patent, or any other intellectual property or other proprietary rights.
Furthermore, Users represent and warrant that they will not:
- rent, lease, lend, sell, sublicense, or create derivative works of the Project Pura Platform, including the information exchanged by or with other Users thereof;
- share or solicit any password or login information used in connection with the Project Pura Platform, or solicit money, credit card, or other proprietary and/or confidential information;
- provide any false, misleading, inaccurate or not updated information to Project Pura, including false personal information, and will not use the account information of a third party for providing to or exchanging information with Project Pura;
- submit inappropriate or potentially harmful content to Project Pura, including but not limited to viruses, spyware, Trojans horses, worms, keystroke loggers, rootkits or other malicious code or computer software;
- submit, process, link to or otherwise provide any information through the Project Pura Platform, that is or can be considered unlawful, fraudulent, misleading, malicious, defamatory, libelous or discriminatory, all in the largest sense of the word, including instructional information about such illegal activities;
- use the Project Pura Platform for an unlawful purpose, contrary to public policy or morality, for offensive purposes, to infringe upon the intellectual property rights of any third party (including but not limited to copyright, moral rights, image rights, etc.), to mislead the public and/or contrary to good and fair business practices, or link to any such activities;
- harrass, intimidate, link to or disseminate any information from other persons that could be considered libelous or damage such other person’s reputation;
- knowingly use the Project Pura Platform or provide any information to the Project Pura Platform in violation of any applicable laws or regulations, including the interests of any third party;
- use the Project Pura Platform in any manner that could interfere with, disrupt, negatively affect, or inhibit other Users from fully enjoying the Project Pura Platform or that could damage, disable, overburden, or impair the functioning of the Project Pura Platform;
- use Project Pura Platform to advertise other products, impersonate or otherwise misrepresent affiliation with or endorsement by any third party where such affiliation or endorsement would not exist;
- conduct any systematic or automated data collection activitites (including, without limitation, scraping, data mining, data extraction and data harvetsing) on or in relation the Project Pura Platform without our express written consent;
- use the Project Pura Platform to transmit or send unsolicited commercial communication;
- cause or permit any third party to do any of the foregoing.
If Users do not comply with the terms of the Agreement, they expressly acknowledge and agree that Project Pura shall be entitled, at its sole discretion and without prior warning, to permanently or temporarily suspend or terminate their use of the Project Pura Platform and their personal account. Users expressly acknowledge and accept that Project Pura cannot be held liable or responsible for any damages of whatever kind resulting from such permanent or temporary suspension or termination.
Although Project Pura does not monitor on an ongoing basis the use that is being made of the Project Pura Platform, Users expressly consent to Project Pura being entitled to verify the use that Users are making of the Project Pura Platform, including but not limited to the Content that is provided. Furthermore, Project Pura shall be entitled at all times to investigate, take legal action, prosecute, and/or report to governmental authorities any use that is considered to be illegal or infringing upon the rights or damage the reputation of a third party.
Although Project Pura undertakes reasonable efforts to keep the Project Pura Platform, including information provided on or through such services, safe and secure, Project Pura does not guarantee that (i) these services will at all times be error- or virus-free, (ii) any content provided or transmitted by using the Project Pura Platform by Users or a third party will not be infringing any proprietary or moral rights of any party or contrary to the terms laid down herein, will be true and accurate, or endorsed by Project Pura. Furthermore, Project Pura does not guarantee at any time that the Project Pura Platform will not undergo any temporary or permanent modification or will continue in perpetuity; Project Pura shall at all times be entitled (but not obliged) to change, amend, improve, or reduce any of its services with or without notice to Users.
12. Indemnity and Hold Harmless
Users agree to unconditionally and irrevocably indemnify and hold Project Pura as well as other Users of the Project Pura Platform harmless from any costs, loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of Users’ breach of or failure to comply with this Agreement, any use Users are making of the Project Pura Platform, as well as any actions, Content or information Users provide in connection with the Project Pura Platform, including the violation of any law or regulation by Users or on their behalf. Project Pura reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by Users, in which event the concerned User will fully cooperate at its own costs and expenses with Project Pura in connection therewith.
For the purposes of this Article, the term “PROJECT PURA” shall also refer to its shareholders, directors, employees, members, subcontractors, agents, and their respective directors, agents and employees.
13. Limitation of Liability
IN NO EVENT WILL PROJECT PURA, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, AFFILIATES, BUSINESS PARTNERS, LICENSORS OR SERVICE PROVIDERS BE LIABLE TO USERS OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF GOODWILL, DAMAGES FOR LOSS, CORRUPTION OR BREACH OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF PROJECT PURA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND THIS TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW. IN ANY CASE, PROJECT PURA CAN ONLY BE HELD LIABLE FOR ITS WILLFUL MISCONDUCT. USERS EXPRESSLY CONSENT TO AND AGREE THAT ANY AND ALL OTHER RESPONSIBILITY, EVEN IN CASE OF SERIOUS FAULT OR GROSS NEGLIGENCE BY OR ON BEHALF OF PROJECT PURA, IS EXPRESSLY DISCLAIMED.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PROJECT PURA’S LIABILITY TO USERS FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY THE CONCERNED USER TO PROJECT PURA FOR BEING AN AUTHORIZED USER OF THE PROJECT PURA SERVICES. THE USER EXPRESSLY AGREES AND ACCEPTS THAT PROJECT PURA CANNOT BE HELD LIABLE FOR HIGHER OR OTHER DAMAGES.
14. Cancellation and termination
Users can terminate/delete their account at any time through the account settings. Project Pura may retain certain information as required by law or as necessary for legitimate business purposes by deleting the account of such Users. On explicit request of Users, all their Content will also be immediately deleted from the Project Pura Platform.
Project Pura reserves the right to modify or terminate the services Project Pura provides for any reason, without notice at any time.
Unless expressly provided for otherwise herein, Users may not assign any right or obligation hereunder without the prior written consent of Project Pura. Project Pura shall be entitled to assign any and all rights and obligations to a third party by notifying Users, but such Users agree that their consent shall not be required for any such transfer if the services that will be rendered by the transferee are substantially similar to the Project Pura Services rendered by Project Pura at the time of transfer. The Agreement shall be binding upon and inure to the benefit of the parties’ respective successors and assigns.
If any provision of the Agreement is held to be illegal, invalid, or otherwise unenforceable, such provision will be enforced to the furthest extent possible in order to be consistent with the stated intention of the Agreement, or, if incapable of such enforcement, will be deemed to be severed and deleted from the Agreement, while the remainder of them will continue in full force and effect.
No waiver of any right under the Agreement shall be deemed effective unless contained in writing and signed by the party charged with such waiver, and no waiver of any right shall be deemed to be a waiver of any future right or any other right arising under this Agreement. All rights, remedies, undertakings and obligations in this Agreement shall be cumulative and none of them shall be a limitation of any other remedy, right, undertaking, obligation or agreement. Headings of sections are for convenience only and will not be used to limit or construe such sections.
16. Applicable Law
Users irrevocable accept and agree that the laws of Belgium apply to the Agreement, including any dispute, controversy or claim between Users and Project Pura in relation to the use made of the Project Pura Platform and the information contained therein, without regard to the principles of conflicts of law.
Only the Courts of Hasselt (Belgium) shall be the exclusive venue to resolve any controversy, dispute or claim arising out of or relating to the Agreement, the use of the Project Pura Platform, and/or the information contained therein. Users hereby irrevocably and unconditionally consents to the jurisdiction of these courts for these purposes.
17. Contact Project Pura
If Users have any questions regarding the use of the Project Pura Platform or would like to submit comments or observations, please contact Project Pura at email@example.com Any information provided will be considered non-confidential, and Project Pura will be entitled to use such information without the consent or approval of Users, without any restriction.