TERMS AND CONDITIONS

The Palau app (the “App”) is owned and exploited by Palau BV, with registered office at Tabakvest 9, 2000 Antwerp, Belgium, registered in the Belgian companies register under number 0770.878.497. Any reference in these Terms and Conditions to “Palau”, “we”, “us” or “our” shall refer to designate Palau BV.

These general terms and conditions (the "Terms") govern your use of the App. By downloading our App, you (“you”, the “User”) acknowledge that you have carefully read these Terms and accept them without reservation. You may review these Terms at any time via the App. If you do not agree to the terms of these Terms and Conditions, you should not make any further use of this App.

1. General

1. Any term beginning with a capital letter is defined in this clause or by explicit reference in these Terms. The following terms are defined as set out below.

1. Intellectual Property Rights: all trademarks, logos, registered trademarks, internet domain names, models and designs, patents, copyrights (including all software rights) and moral rights, database rights, semiconductor topographies, know-how and other rights, as well as other industrial and intellectual property rights, whether or not registered, and including registration records, and all other equivalent rights or means of protection leading to a similar result anywhere in the world.
2. Profile: the personalised environment of a User in the App which the User can access after registering in the App and which contains basic information about the User's identity (surname, first name), e-mail address.

1. Once accepted, these Terms shall constitute the sole and exclusive agreement between the User and Palau.
2. These Terms shall prevail over all other related requests, oral or written, in connection with the submission of an offer, proposal, warranty, warrant, agreement, communication or commitment. The User acknowledges that it has not accepted these Terms on the basis of any communication, statement, undertaking, warrant or guarantee which Palau has not specified in writing.
3. These Terms shall apply in favour of any subcontractor, or third party used by us for the provision of the App.
4. For the avoidance of doubt, nothing in these Terms shall be deemed to affect your legal rights under applicable mandatory law provisions.
5. Palau reserves the right to modify or amend these Terms at any time without the prior consent of the User. In this case, Palau shall inform the User of such changes in a timely manner by e-mail and/or through the App.
6. The language of the Terms and of all communications and interactions between the you and Palau regarding the App shall be English.

1. Description of the services 

1. Downloading the App – The App is available for Android and iOS devices and can be downloaded from the Google Play Store® or the Apple App Store®. In order to obtain it, you will need a working internet connection and an active account on one of these mobile application platforms. For security and compatibility reasons, you are required to always use the latest version of your mobile device's operating system. Compatibility requirements for the installation and use of the App are set out on the App’s page on the mobile application platforms.
2. Registration and creation of your Profile in the App

1. After downloading the App, you will be given the opportunity to register and create a personalised Profile in the App. Registration can be effected by giving your name, e-mail and password. 
2. In your Profile you can upload a profile picture, choose your country and your focus on sustainability or health. 
3. During the registration process you will be asked to accept these Terms as a condition for using the App. After the registration process you may start using the App for the intended purpose. 

1. Use of the App

1. The App lets you scan barcodes of your groceries, food and beverages. If the barcode is recognised and the product is recognised, the App will show you information on the ecological impact and nutrition values of said product. For each product scanned, the App will generate an ecological and nutritional score – ranging from excellent and good to medium and bad – which will be added to your Profile. Unrecognised products will receive the label ‘no score’. 
2. In your dashboard, you will be able to view your scanning history, the scores per product and your overall ecological and nutritional score. 
3. For each product, the App will also offer you more ecological and/or nutritional alternatives. 
4. You will be able to share your ecological and/or nutritional impact. 
5. You can also change your information, password, privacy settings, language and notification settings in your Profile at any time.

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3. Use of the App

1. If you download and install the App and use it on a mobile device, device-specific information is sent to us and the App may access certain parts of the device. You warrant that you are the lawful and authorised user of that device and of the services necessary to download, install and use the App. 
2. The User shall be responsible for all information provided in connection with the App. The User warrants that the information provided by the User is correct and up to date and acknowledges that the User may only create one Profile for itself.
3. You acknowledge and agree that communication and/or use of the App which mentions, suggests or encourages the following topics are not permitted and may result in the immediate termination or suspension of your usage rights:

1. defamation, hatred, xenophobia, violence, terrorism or discrimination based on race, ethnicity, gender, religion, sexual orientation or skin colour;
2. Illegal goods or services, including, but not limited to, weapons, ammunition, explosives, drugs, contraband, counterfeit goods or documents, money laundering tools or services, unlicensed gambling, espionage; unlicensed sale of medicines or food supplements;
3. Pornographic imagery, including visual depictions of nudity or explicit or overly suggestive and sexually provocative poses, as well as goods or services for adults;
4. the sale of tobacco as well as goods, services or content that facilitate or encourage smoking;
5. Goods or services that facilitate, enable or encourage the infringement of intellectual property rights in protected content;
6. misrepresentation of the properties, functionality or uses of goods and services;
7. scams or fraud;
8. overly offensive or distasteful content or images.

1. The User acknowledges and agrees that the login credentials for accessing a Profile are personal and must not be shared. The User shall bear the responsibility and risk of any unauthorised use of login credentials to ensure that it does not result in a breach of security on the part of Palau. If a User suspects fraudulent use of its login credentials, it must contact Palau as soon as possible (info@palauproject.com) to revoke the access rights for these credentials.
2. Users shall not use any software or other (technical or other) means to monitor or copy the App (or any part of it) or its content, to disturb, disrupt or hinder the proper functioning of the App (e.g. by means of computer viruses), to purposely overload the App or to disturb its effectivity or functionality. It is equally prohibited to upload, post or send any content of an obscene, insulting or defamatory nature on or through the Website, or any other content that could cause unnecessary harm or distress, or that would infringe upon the rights of others.
3. Any violation of these Terms, unauthorized use of the App or the applicable legislation by the User may result in the immediate termination of the User’s usage rights of the App, without prior notice and without prior recourse to a judge.

3. Liability

1. The App and all information included therein are provided to you as is. The User accepts and acknowledges that the App is essentially software dependent, which means that seamless operation and continuous availability cannot be guaranteed. Users shall not have any right to compensation in case they cannot use (part of) the App as a result of a technical fault, malfunction and/or temporary interruption or withdrawal of the App. 
2. The App contains information and content provided by third parties. We have no control over such content and cannot be held responsible for it. Any use of the information provided in the App is at Users’ own risk and, for third-party content, in accordance with the terms set out by such third parties. The User acknowledges and agrees that Palau does not exercise any power of control or advice in respect of any rights, including Intellectual Property Rights, held by third parties.
3. Palau reserves the right to change the functions and availability of the App at any time at its discretion. Any planned changes to the availability of the App will, as far as possible and reasonable, be communicated in advance through the App. 
4. The App features advertisements of goods and services that may be associated with the App and the information included therein. These advertisements are provided by third party advertisers with whom Palau has no relationship other than an agreement to allow such advertisers to display their advertisements. Palau does not verify the accuracy and correctness of the information provided by such advertisers and therefore cannot be held responsible for any errors, inaccuracies or omissions in the information provided.
5. Palau shall not be liable for any failure, even in the event of gross negligence or fraud, in the services of third parties on which the App relies but which are beyond its control (e.g. services provided by third party applications, telecoms providers or payment service providers).
6. Palau shall not be liable for any consequential damages, including but not limited to consequential, financial or commercial damages, loss of profits or revenue, loss of opportunity, loss of savings, or damages due to business interruption, damage to reputation, and damages from third party lawsuits against you.
7. In no case shall Palau incur any liability for loss or damages resulting from events, occurrences, or causes beyond our reasonable control (‘Events of Force Majeure’). Such Events of Force Majeure include - without limitation - acts of God, sector strikes, lockouts, riots, acts of war, earthquakes, floods, fire and explosions, governmental acts, telecom or Internet breakdowns, hackings, bugs in third party software, and any delay or failure to deliver caused by any of our contract partners, which is beyond our own reasonable control.
8. Palau shall only be liable for proven damage caused by gross negligence or fraud on the part of Palau or any of its subcontractors.
9. Unless otherwise provided for in these Terms or in the binding legislation, Palau’s total and cumulative liability shall be limited to 50 EUR. 

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5. Termination 

1. The User may terminate the agreement with Palau at any time with immediate effect, without notice, compensation or prior recourse to a judge, by deleting his Profile and the App. 
2. Palau may terminate the provision of the services related to the App, at any time and without compensation, after giving the User 1 month notice. The intention to terminate the services shall be communicated through the App. 
3. Without prejudice to its other rights under the law or these Terms, Palau may, at its discretion and at any time, terminate the services related to the App with immediate effect or suspend its performance, refuse or restrict access to the User's App, if the User materially breaches these Terms or at its own discretion, when such would be necessary to protect its business interests or reputation or the legality or security of the App.
4. In the event of termination of the services related to the App, all personal information that you have included in your Profile will be anonymised and/or aggregated, and the remaining elements will be deleted or destroyed by Palau, unless a legal or regulatory obligation, or a judicial or administrative order prevents us from doing so. Such deletion and destruction shall not include aggregated or anonymous information that we use to provide, improve or enhance our business and App. 
5. Upon termination of the agreement between Palau and you, you shall cease to use any of our Intellectual Property Rights.

5. Intellectual property rights

1. Palau shall at all times retain all Intellectual Property Rights, including ancillary rights, in the content of the App.
2. Palau grants the User a non-exclusive, non-transferable and non-sublicensable right to use the App for the duration of User’s use of the App. This right of use shall be consistent with normal use of Palau’s Intellectual Property Rights as interpreted in these Terms and in any documentation provided by Palau. Palau does not transfer in any way, under these Terms, the ownership of its Intellectual Property Rights.
3. In view of the provisions of the previous clause, the User is not allowed to copy, analyse, decompile, make public, distribute, transfer to third parties or modify any content affected by the Intellectual Property Rights without the express consent of Palau.

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7. Privacy and cookies – protection of personal data

1. Palau shall process your personal data as a data controller for the provision of the App in accordance with its Privacy Policy available at https://www.palauproject.com/app-privacy-policy and in the App. 

2. This Privacy Policy shall provide individuals whose personal data is processed by Palau with all legally required information regarding the processing of their personal data by Palau, the purposes of their processing and the rights of the data subjects with respect to such processing. 

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8. Miscellaneous

1. The provisions of these Terms do not interfere with or restrict any rights of consumers under applicable law.
2. Palau may, at its discretion, rely on subcontractors to perform its obligations under these Terms. As far as Palau is concerned, the agreement between Palau and the User shall not be construed as being of a strictly personal nature. All rights and obligations of Palau under these Terms may be transferred, in whole or in part, to a third party without the need for consent.
3. The User is not entitled to transfer its rights and obligations under these Terms unless Palau gives its written consent to such transfer.
4. These Terms do not imply any limitation of Palau’s rights under statutory law.
5. Wherever possible, the provisions of these Terms shall be construed so as to be valid and enforceable under applicable law, provided that if any one or more of the provisions of these Terms are found to be invalid, illegal or unenforceable, in whole or in part, the remainder of these provisions and these Terms shall continue in full force and effect, as if they had never contained such invalid, illegal or unenforceable provision or provisions. Furthermore, in such case, Palau shall amend the invalid, illegal or unenforceable provision(s), or a part thereof, and/or agree on a new provision that reflects as much as possible the objectives of the invalid, illegal or unenforceable provision(s).
6. These Terms are governed by Belgian law. The User agrees to attempt to resolve any disputes regarding these Terms through negotiations. If negotiations fail, all disputes concerning the validity, interpretation, application, performance and resolution of the agreement between Palau and the User shall be subject to the jurisdiction of the courts of Brussels.
7. As a consume, the European Union provides an alternative dispute resolution platform. Consumers can settle their disputes relating to an online order without the intervention of a court of law. You can access the online dispute resolution platform via this link: http://ec.europa.eu/odr/. 

In case of any questions, problems or complaints relating to the content or use of the App, Users may contact us directly by sending an e-mail to [●info@palauproject.com.