Introduction

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GreenTime SA (“GreenTime”) creates a network of GreenTime smart fridges (“GreenTime Smart Fridges”) in private corporations in order to supply fresh food and beverages to the latter’s employees. These terms of use regulate the sale of GreenTime products to the Customers ("you") as well as the handling of personal data. 

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Application of Terms and Conditions and Changes

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GreenTime enables you to purchase fresh food and beverages from its GreenTime Smart Fridges, and provides its services through its mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the "Service(s)"), subject to the following Terms and Conditions (as amended from time to time, these "Terms and Conditions").

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The creation of your account and/or the use of any part of the Service at any time constitutes your consent to these Terms and Conditions.

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We reserve the right, at our sole discretion, to change or modify portions of these Terms and Conditions at any time. If we do so, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We may also notify you, either through the Services user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service or the non-deletion of your account after the date any such changes become effective constitutes your acceptance of the new Terms and Conditions.

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In addition, you will be subject to any additional terms that may be posted on the Service from time to time, including, without limitation, the Privacy Policy and Terms of Service located at the Site.

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Third party services​

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The app does use third party services that declare their own Terms and Conditions. You are accepting them by using the GreenTime - Fresh Food at Work app.

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Link to Terms and Conditions of third party service providers used by the app:

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• Google Play Services

• Stripe

• One Signal

• Google maps

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ACCESS AND USE OF THE SERVICES​

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Services Description

 

The Service enables users to purchase fresh food and beverages from the GreenTime Smart Fridges. You must create an online account with GreenTime and purchase credits (which you have to top up by different means of payement) in order to make purchases of Products.  Your wallet must > 0 CHF in order open a GreenTime Smart Fridge.  When an item is removed, the removal is registered by the GreenTime proprietary system, which then automatically deducts the relevant number of credits from your account accordingly.

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Registration Obligations

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You are required to register with GreenTime in order to access and use the Service. If you choose to use the Service, you agree to provide and maintain true, accurate, current and complete information about yourself. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 18 years old, you may use the Service only with the approval of your parent or guardian.

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Member Account, Password and Security

 

You are responsible for maintaining the confidentiality of your account user ID and password, and are fully responsible for any and all activities that occur under your account. You agree to (a) immediately notify GreenTime of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. GreenTime will not be liable for any loss or damage arising from your failure to comply with this Section.

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Modifications to Service

 

GreenTime reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that GreenTime will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

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General Practices Regarding Use of Service and Storage of Data

 

You acknowledge that GreenTime may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on GreenTime's servers on your behalf. You agree that GreenTime has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service.

 

You acknowledge that GreenTime reserves the right to terminate accounts that are inactive for a period of time of one (1) year. In this case, the balance of your wallet will be considered as spent and will not be refundable to you. You further acknowledge that GreenTime reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

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Mobile Services

 

The Service includes services that are available via a mobile device, including (i) the ability to browse the Service and the Site from a mobile device and (ii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the "Mobile Services"). To the extent you access the Service through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding GreenTime and other entities by electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. If you provide us with your mobile number, in the event you change or deactivate your mobile telephone number, you agree to promptly update your GreenTime account information to ensure that your messages are not sent to the person that acquires your old number.

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Food Allergens

 

GreenTime and its Vendors cannot guarantee that the Products that are available for purchase via the Service are free of any and all traces of a particular allergen or that consumption of a Product will not result in an allergic reaction. In addition, the process of delivery and storage of the Products may expose the Products to various Products that may contain allergens. You acknowledge that by using the Services you may be exposed to food or beverages that may cause an allergic reaction or injury, and in that regard you hereby fully release and discharge GreenTime, its Vendors and the property owners or occupiers of locations at which GreenTime Smart Fridges are located, from any and all liability and/or responsibility to you.

Expired Food:  The Products will have a “sell by” date on the packaging. IF YOU CONSUME ANY PRODUCT THAT IS PAST ITS “SELL BY” DATE OR WHICH HAS EXPIRED, YOU DO SO ENTIRELY AT YOUR OWN RISK.

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CONDITIONS OF USE​

Reasonable Consumer Conduct

 

You hereby agree that when you use the Service, including in particular, a GreenTime Smart Fridge, you shall behave in a reasonable way. In particular, you agree not to tamper with, damage or move a GreenTime Smart Fridge or any Products.

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Especially, you cannot unstick any RFID tags. Removing a RFID tag from a product is considered stealing and will be prosecuted. A fine of 300 CHF will be charged in such case and some penal persecutions can additionally take place.

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THE ACCOUNT YOU CREATE IS YOUR OWN AND NOT TRANSFERABLE. YOU AGREE TO CREATE ONLY ONE (1) ACCOUNT FOR YOURSELF AND YOU ARE NOT ALLOWED TO CREATE MULTIPLE ACCOUNTS. 

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Payment for Products and Authority to Charge Your Credit Card

 

You represent and warrant to GreenTime that the credit card information that you register with GreenTime is true and that you are authorized to use the credit card. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You hereby authorise GreenTime to charge your credit card for the purchase of credits that you can use to purchase Products, and agree to allow GreenTime to automatically deduct your credits for any Products purchased from a GreenTime Smart Fridge.  Prices for Products are subject to change at any time. You shall be responsible for all taxes associated with your purchase of any Products such as Goods and Services Tax levied on a particular Product, if any.

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You agree that if your balance turns negative (e.g. you buy products for an amount that is superior to your remaining balance), we will automatically top-up your card with an amount of 20 CHF so that you can use the fridge again.

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Refund Policy

 

All payments made to GreenTime, by any means of payments, including but not limited to: credit card, bank wire, and TWINT top-ups, are non-refundable. 

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Payments are non-refundable in all cases, including but not limited to: a termination of a work contract or the termination of a GreenTime service in the premises.

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In the case of an end of your access to the fridge (termination of a work contract for example), you are solely responsible to spend your remaining balance before the end of your access. No refund can be made.

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In case of termination of the service by your Company, you are solely responsible to spend your remaining balance before the last date of the service. An email will be sent to you at least 1 month prior this date to remind you to spend your whole balance before the termination of the service. No refund can be made.

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The day of the termination of the service, your account will be completely deleted from our database and you will not be able to log in anymore.

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You acknowledge that GreenTime reserves the right to terminate accounts that are inactive for a period of time of one (1) year. In this case, the balance of your wallet will be considered as spent and will not be refundable to you. You will not be able to log in into your account anymore.

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No Commercial Use

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Unless otherwise expressly authorised herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use.

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Intellectual Property Rights

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Service Content, Software and Trademarks: You acknowledge and agree that the Service contains content or features ("Service Content") that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by GreenTime, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own content that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited.

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All intellectual property rights in or that relates to the GreenTime Smart Fridge, the Site and the Mobile services, and each individual component of the GreenTime Smart Fridge and all material, content, software, applications, processes, know how, manuals or documentation associated with the GreenTime Smart Fridge, whether existing prior to or developed after the date of the Agreement (“GreenTime IP”), belong to, vest in and are solely owned by GreenTime or its licensors.

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You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the GreenTime IP or any underlying software. Any rights not expressly granted herein are reserved by GreenTime.

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The GreenTime name and logos, and other brand identifiers used by GreenTime, are trademarks and service marks of GreenTime (collectively the "GreenTime Trademarks"). Other product and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to GreenTime. Nothing in these Terms and Conditions or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of GreenTime Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of GreenTime Trademarks will inure to our exclusive benefit.

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User Content Transmitted Through the Service

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You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service ("Submissions"), provided by you to GreenTime are non-confidential and GreenTime will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

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Third Party Websites

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The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. GreenTime has no control over such sites and resources and GreenTime is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that GreenTime will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that GreenTime is not liable for any loss or claim that you may have against any such third party.

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Indemnity and Release

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You agree to release, indemnify and hold GreenTime and its parents, subsidiaries, affiliates and partners, and any Vendors, retailers, restaurants and other contractors or service providers and each of their respective officers, employees, directors and agents (collectively, "GreenTime Parties") harmless from any from any and all losses, damages, expenses, including reasonable solicitors' fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service (including without limitation to your order and consumption of any food and beverage via the Service), any User Content, your connection to the Service, your violation of these Terms and Conditions or your violation of any rights of another.

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Disclaimer of Warranties

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YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE GREENTIME PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

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THE GREENTIME PARTIES MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY FOOD, BEVERAGES, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (V) THE FOOD AND BEVERAGES PURCHASED BY YOU VIA THE SERVICES WILL NOT CONTAIN ANY ALLERGENS OR THAT THE CONSUMPTION OF SUCH ITEMS WILL NOT RESULT IN AN ALLERGIC REACTION.

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Prices, descriptions, Products and Vendor information are subject to change without notice.

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Limitation of Liability

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YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE GREENTIME PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF A GREENTIME PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) YOUR CONSUMPTION OF ANY FOOD OR BEVERAGE PURCHASED THROUGH THE SERVICE (INCLUDING WITHOUT LIMITATION ANY ALLERGIC REACTION THAT MAY ARISE FROM SUCH CONSUMPTION), (III) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (VI) ANY OTHER MATTER RELATING TO THE SERVICE.

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SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

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Governing Law and Dispute Resolution

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This Agreement shall in all respects be governed by and construed in accordance with substantive Swiss law.

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The courts of Geneva shall have exclusive jurisdiction for any and all disputes arising out of or in connection with this Agreement.

 

Termination

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You agree that GreenTime, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use during one (1) year or if GreenTime believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. GreenTime may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms and Conditions may be effected without prior notice, and acknowledge and agree that GreenTime may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that GreenTime will not be liable to you or any third party for any termination of your access to the Service.

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General

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(a) These Terms and Conditions constitute the entire agreement between you and GreenTime and govern your use of the Service, superseding any prior agreements between you and GreenTime with respect to the Service.

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(b) You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software.

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(c) The failure of GreenTime to exercise or enforce any right or provision of these Terms and Conditions will not constitute a waiver of such right or provision.

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(d) If any provision of these Terms and Conditions is found by any arbitral tribunal to be invalid, the parties nevertheless agree that the tribunal should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect.

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(e) You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.

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(f) A printed version of this agreement and of any notice given in electronic form will be admissible in arbitral or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

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(g) You may not assign these Terms and Conditions without the prior written consent of GreenTime, but GreenTime may assign or transfer this Terms and Conditions, in whole or in part, without restriction.

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(f) The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect.

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(g) Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms and Conditions or other matters by displaying notices or links to notices generally on the Service.