Cancellation policy – see section 4 in our Terms and Conditions below.
Data Privacy:
To see our privacy policy please click here.
Data collection
No personal data is collected in our games except in Online Office Challenge. In the Online Office Challenge. Photos taken by the players will be stored on our systems for a maximum of 4 days, after which they are deleted automatically. No other personal data is collected in this game.
GREEN HAT PEOPLE INTERNATIONAL AB
TERMS AND CONDITIONS
1. About us
1.1. Company details. Green Hat People International AB, 556997-4479, (GHPI, we or us), is a company registered in Sweden with registered address at Epicenter Stockholm, Mäster Samuelsgatan 36, 111 57 Stockholm. Our VAT number is SE556997447901. Our emailadress is: contact@greenhatpeople.com
2. Placing an order and its acceptance
2.1. Placing your order.
(a) Information on our online virtual development games (Services) is supplied on our website along with a copy of these Terms (greenhatgames.com and greenhatgames.com/tc-eu). If you are interested in the Services, you will have contacted us via email, telephone, our website chat line or the enquiry form on our website.
(b) We will respond with an email to you with prices, detailed information on the Services and confirmation of what additional information we require from you (Order Form).
(c) To place an order, you must complete the Order Form including all additional information we have requested and return it to us by email (Confirmation Email).
2.2. Correcting input errors. You are responsible for ensuring that your order and any specification submitted by you is complete and accurate.
2.3. Acknowledging receipt of your order. After you place an order, you may receive an email from us acknowledging that we have received it. Please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 2.4.
2.4. Accepting your order. We will confirm our acceptance of your order for Services by sending you an email with a hyperlink to our digital invoice for the Services that you have ordered (Acceptance Email).
2.5. If we cannot accept your order. If we are unable to supply you with the Services for any reason, we will inform you of this by email and we will not process your order. If you have already paid for the Services, we will refund you the full amount.
2.6. Amending your order. If you wish to add additional players to the Services or extend the period for which you have access to the Services (Additions), please notify us by email. We will confirm acceptance of the Additions by email (Additional Acceptance Email) and send a hyperlink to our digital invoice for the Additions (Additional Invoice). The Additional Invoice must be paid in full within 14 days of transmission of the Additional Invoice.
2.7 We will contact you with an estimated delivery date following payment of our invoice (Delivery Date).
3. Our agreement with you
3.1 Terms and conditions. These terms and conditions (Terms) apply to any order placed by you for our Services, our supply of Services to you and your use of the Services.
3.2 The agreement. The agreement (Agreement) between you and us consists of the following documents,
i) Terms.
ii) Additional Acceptance Email (if applicable).
iii) Acceptance Email.
iv) Confirmation Email.
v) Order Form.
3.3 Binding agreement. The Agreement between you and us becomes legally binding on both you and us when we have transmitted the Acceptance Email to you. Supplementary agreement (Supplementary Agreement) regarding Additions becomes legally binding on both you and us when we have transmitted the Additional Acceptance Email to you.
3.4 Entire agreement. The Agreement and any Supplementary Agreement is the entire agreement between us in relation to their subject matters. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Agreement.
3.5 Your copy. You should print a copy of the Agreement and any Supplementary Agreement or save it to your computer for future reference.
4. Cancellation
4.1 You may cancel your order in accordance with this clause 4. You will receive a refund of your fees paid to us (if any):
(a) If you cancel your order 14 days or more before the Delivery Date you will receive a full refund;
(b) If you cancel your order less than 14 days but more than 7 days before the Delivery Date you will receive a refund equivalent of 50% of the total amount of your fees
(c) If you cancel your order 7 days or less before the Delivery Date we regret that you will be unable to receive a refund and the full amount of your fee remains payable.
4.2 You acknowledge that the refund of your fees in accordance with this clause 4 is your sole remedy in respect of any cancellation by you and all other liability is expressly excluded.
5. Our Services
5.1 We will provide the Service on a professional basis and in accordance with the Agreement.
5.2 The images of the Services on our site are for illustrative purposes only.
5.3 We reserve the right to amend the specification of the Services if required by any applicable statutory or regulatory requirement.
5.4 We may update or amend the Services or the content of the Services, provided that the Services and the content match the description in the Order Form.
5.5 We are entitled to engage subcontractors in order to fulfil our obligations in accordance with the Agreement. In such case, we are liable for the subcontractor’s performance.
6. Your use of the Services
6.1 You may only use the Service for your own use and for the purpose stated in the Agreement. You may not sell or sublicence the Service to any third party.
6.2 You must not use the Service in any way that causes, or may cause, damage to the Service or impairment of the availability or accessibility of the Service; or in any way, which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
6.3 The Customer Data must not be illegal or unlawful, infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against us or a third party.
6.4 You shall also ensure that the Customer Data (i) is free of viruses, Trojans, worms or other harmful software or codes; and (ii) cannot, in any other way, harm or adversely affect our systems or the Services.
6.5 You shall ensure that log-in information, security procedures, and other information provided by us for access to the Service, is treated as confidential information in accordance with clause 15 below. You must immediately inform us in the event that any unauthorized person has obtained knowledge of information pursuant to this clause.
6.6 You shall follow our from time to time provided i) instructions for the use of the Services; and ii) safety regulations.
6.7 You are responsible for the internet communication between the equipment you use to access the Services and our website.
7. Intellectual Property Rights etc.
7.1 GHPI and/or its licensors owns all intellectual property rights (copyright, patent, design etc.) to i) the Services; ii) the platform and software (Software) used for providing the Services; and iii) the game, game content, game board, other content, applications, dashboards, templates, design, training material and all other material and deliverables provided to you under the Agreement (Deliverables).
7.2 GHPI grants to you a non-exclusive license to use the Services, Software and Deliverables i) for your own business; ii) for the purpose for which they were provided to you; and iii) during the term of the Agreement.
7.3 GHPI warrants that your use of the Services, Software and Deliverables, as long as it is in accordance with the Agreement, do not infringe on any third parties’ rights.
7.4 When the Agreement no longer is effective, you shall cease using the Services, Software and Deliverables.
7.5 Notwithstanding anything to the contrary above; text, pictures and other material and data provided by you as well as aggregated and compiled data based on the material and data provided by you shall be owned by you and we will return such material and data and delete any copies thereof upon your request.
8. Price of Services and delivery charges
8.1 The prices of the Services will be as set out in the Order Form and our invoice.
8.2 Prices for our Services may change from time to time, but changes will not affect any order you have already placed.
8.3 The price of Services is exclusive of VAT. VAT will be added to the prices where applicable.
9. How to pay
9.1 You can pay for Services using the following methods of payment: Debit or Credit Card; Bank Transfer; Stripe; or Paypal.
9.2 Further details as to how to make payment can be found on our invoice.
9.3 Payment for the Services must be made in advance of using the Services.
10. Our warranty for the Services
10.1 We warrant that on delivery, the Services will:
(a) conform in all material respects with their description;
(b) be free from material defects in design, material and workmanship;
(c) be of satisfactory quality; and
(d) be fit for any purpose held out by us.
10.2 We further warrant that, to the extent the Services are reliant on server availability, they shall be supplied with a level of up-time equal to or better than 99.5% per calendar year. We calculate uptime like this: uptime percentage = uptime / (uptime + downtime). Both uptime and downtime are calculated on a calendar month basis with a 1 minute sampling interval. Planned maintenance is not included in the downtime.
10.3 Subject to clause 10.4, if:
(a) you give us notice in writing within a reasonable time that some or all of the Services do not comply with the warranties set out in clause 10.1 and 10.2; and
(b) we are given a reasonable opportunity of examining the Services;
(c) we will, at our option, replace the defective Services, or refund the price of the defective Services in full.
10.4 We will not be liable for breach of any warranty set out in this clause 10 if:
(a) you make any further use of Services after giving notice to us under clause 10.3;
(b) the defect arises as a result of material or data provided or submitted by you;
(c) the defect arises as a result of your use of the Services in breach of the Agreement.
10.5. We will only be liable to you for the Services’ failure to comply with any warranty set out in this clause 10 to the extent set out in this clause 10.
11. Limitation of liability
11.1 A party is entitled to compensation for direct damage due to negligence by the other party or any party for whom that party is responsible.
11.2 We shall not be liable to you for any indirect or consequential damage such as loss of profit, wasted costs, loss of data, loss of goodwill etc.
11.3 Our total liability to you for all losses arising under or in connection with the Agreement will in no circumstances exceed the price of the Services.
11.4 The limitation of liability in clauses 11.2 and 11.3 shall not apply in case of intent or gross negligence, personal injury or liability pursuant to mandatory law.
11.5 Neither party shall be entitled to compensation for damages unless claims are made in writing within three months from the date the Agreement ceased to be effective.
12. Term and Termination
12.1 The Agreement automatically terminates when you longer are entitled to use the Services.
12.2 Each party may terminate the Agreement with immediate effect if:
i) the other party materially breaches the terms of the Agreement and such breach is not cured within 10 days after written notice is given to the breaching party;
ii) the other party is declared bankrupt, becomes insolvent, ceases to function or conduct operations in the normal course of business, or makes an assignment for the benefits of its creditors; or
iii) the fulfilment of the Agreement has been delayed in any material way for more than 30 days due to force majeure.
12.3 We shall be entitled to terminate the Agreement with immediate effect if you fail to pay any amount due under the Agreement on the due date for payment.
12.4 Any provision of the Agreement that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.
13. Force Majeure
Neither party shall be liable for any delay or failure to meet an agreed upon deadline if such delay or failure is due to any cause beyond the control of that party, including, but not limited to, restrictions of law or regulations, labour disputes, fires, catastrophes, acts of terror, mechanical or electronic breakdowns, pandemics etc.
14. Communications between us
14.1 When we refer to “in writing” in these Terms, this includes email.
14.2 Any notice or other communication given by one of us to the other under or in connection with the Agreement must be in writing and be sent by pre-paid first class post or email.
14.3 Notice or other communication i) to us shall be sent to the address or email provided in clause 1.1 above; and ii) to you shall be sent to the address or email provided in the Confirmation Email.
14.4 A notice or other communication is deemed to have been received:
(a) if sent by pre-paid first class post; at 9.00 am on the third working day after posting; or
(b) if sent by email, at 9.00 am the next working day after transmission.
14.5 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email that such email was sent to the specified email address of the receiving party.
14.6 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
15. Confidentiality
Each party shall, during the term of the Agreement and for three years thereafter, keep in confidence all material and information received from the other party and marked as confidential or which should be understood to be confidential, and may not use such material or information for any other purposes than those set forth in the Agreement. The confidentiality obligation shall not apply to material or information: i) which is generally available or otherwise public; ii) which the party has received from a third party without any obligation of confidentiality; or iii) which a party has developed independently without using material or information received from the other party.
16. Processing of personal data
16.1 In providing the Services according to the Agreement, we may process your personal data as controller according to applicable legislation on personal data. We will process your personal data as controller as set out in our privacy policy (greenhatgames.com/privacy-policy/)
16.2 In providing the Services according to the Agreement, we may also process personal data for which you are controller and we processor in accordance with applicable legislation on personal data. The following shall apply to such processing:
(a) You are responsible for processing personal data in accordance with applicable legislation on personal data.
(b) We undertake to process personal data only in accordance with applicable law, the Agreement and your written and agreed instructions.
(c) We shall ensure that our employees and all other persons for whom we are liable and who are authorized to process personal data covered by the Agreement have undertaken to maintain confidentiality.
(d) We shall not process personal data beyond what is necessary to perform and
provide Services under the Agreement and to comply with applicable law and your instructions.
(e) We shall take the agreed technical and organizational measures to protect personal data. The measures shall provide a level of security appropriate to the
risk in accordance with Article 32 of the General Data Protection Regulation (GDPR).
(f) Taking into consideration the nature of the processing, we shall assist you by taking suitable technical and organizational measures, to the extent possible, to enable you to perform your obligation to respond to requests regarding the exercise of the data subject’s rights in accordance with Chapter III of the GDPR.
(g) Taking into consideration the type of processing and the information available to us, we shall assist you in ensuring that the obligations arising due to any personal data breach can be fulfilled in a manner as required in Articles 33-34 of the GDPR.
(h) Taking into consideration the nature of the processing and the information which is available to us, we shall assist you in fulfilling your obligations, if any, to conduct an impact assessment and/or prior consultation with a supervisory authority pursuant to Articles 35 and 36 of the GDPR.
(i) You may reasonably request to change agreed instructions and security requirements. Notification of such a change shall be given in advance to us and any such
changes shall be effected by us within a reasonable period to be agreed upon between us. We are entitled to receive compensation from you for direct costs in connection with the implementation of such a change.
(j) We shall refer to you if a data subject or any third party requests access to your personal data processed under the Agreement. The foregoing sentence shall not apply where we are required by law to disclose such information.
(k) We shall notify you without undue delay of a personal data breach of your personal data in accordance with Article 33 (2) of the GDPR.
(l) We will grant you access to all information which is required and necessary to enable you to verify compliance with the obligations which follow from Article 28 of the GDPR and to enable and assist in audits, including inspections, which are conducted by you or by an examiner authorized by you. We shall, at all times, be entitled to reasonable notice in the event you wish to exercise you right to conduct an audit or inspection and you shall compensate us for our costs incurred in connection with any such audit or inspection.
(m) We shall allow the relevant authorities to conduct inspections and audits that such authorities are entitled to conduct according to the law regarding the personal data.
We are entitled to receive compensation from you for any direct costs incurred in connection with such inspection and audit.
(n) We shall not be entitled to retain sub-processors to provide the Services under the Agreement without first obtaining your written approval. If we retain sub-processors we shall respect the conditions referred to in Article 28:2 and 28:4 of the GDPR.
(o) Upon termination of the Agreement, we shall delete all personal data within four (4) weeks thereafter.
(p) We will follow the following instructions when processing your personal data:
P1 PURPOSE OF PROCESSING
The purpose of the processing is for us to fulfil our obligations under the Agreement, the GDPR and other relevant laws and regulations.
P2 CATEGORIES OF PROCESSING
The following categories of processing shall take place: collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure and destruction.
P3 CATEGORIES OF DATA SUBJECTS
Participants using the Services.
P4 CATEGORIES OF PERSONAL DATA
We will process the following categories of personal data: Photos of the participants.
P5 PLACE OF PROCESSING
Processing will only take place within the EU/EEA.
P6. CULLING
The personal data shall be culled by us within four weeks after the Agreement has ceased to be effective.
15. General
15.1. Assignment and transfer.
(a) We may assign or transfer our rights and obligations under the Agreement to another entity.
(b) You may only assign or transfer your rights or your obligations under the Agreement to another person or entity if we agree in writing.
15.2 Waiver. If we do not insist that you perform any of your obligations under the Agreement, or if we do not exercise our rights or remedies against you, or if we delay in doing so, that will not mean that we have waived our rights or remedies against you or that you do not have to comply with those obligations. If we do waive any rights or remedies, we will only do so in writing, and that will not mean that we will automatically waive any right or remedy related to any later default by you.
15.3 Severance. If any provisions of the Agreement or the application of it shall be declared or deemed void, invalid or unenforceable in whole or in part for any reason, the remaining provisions of the Agreement shall continue in full force and effect. The parties shall seek to amend such void, invalid or unenforceable provisions and thereby the Agreement in order to give effect to, so far as it is possible, the spirit of the Agreement and to achieve the purposes intended by the parties.
16. Governing law and disputes
16.1 Governing law. The Agreement shall be governed by the substantive laws of Sweden.
16.2 Any dispute, controversy or claim arising out of or in connection with the Agreement, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the Rules for Expedited Arbitrations of the Arbitration Institute of the Stockholm Chamber of Commerce. The place of arbitration shall be Stockholm. The language to be used in the arbitral proceedings shall be English. Each party undertakes to keep the arbitration proceedings, all information disclosed in the course of such arbitral proceedings, as well as any decision and judgement strictly confidential.
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These Terms and Conditions were updated February 14 2022.