Revision 22.11.2023

1. INTRODUCTION

Welcome! This website is operated by Green Cloud Nine e.U. These Terms and Conditions outline the rules and regulations for the use of our website.

 Throughout the site, the terms "we," "us," and "our" refer to Green Cloud Nine e.U..

Green Cloud Nine e.U. offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from or though us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service," "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

 Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

 Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

 Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to promote and sell products and services to you.

  

2. GENERAL CONDITIONS

Green Cloud Nine and its content providers grant you a limited, simple, non-transferable, and non-sub-licensable license to access and use the Green Cloud Nine services, provided you comply with these Terms of Use and any other applicable terms of service and that you pay any applicable fees. This license does not include the resale or commercial use of Green Cloud Nine services or their contents, the collection and use of product information, descriptions or prices, the derivative use of Green Cloud Nine services or their contents, the downloading or copying of account information for the benefit of another retailer or the use from data mining, robots or similar data acquisition or extraction programs.

Green Cloud Nine and its licensors, vendors, publishers, rights’ holders, or other providers of content reserve all rights that are not expressly granted to you in these terms of use or in the terms of service, copied, sold, resold, or otherwise used for commercial purposes.

You may not use any frame or frame techniques to add brands, logos, or other copyrighted information (such as images, text, page layout or form) from Green Cloud Nine without our express written consent. You may not use any meta tags or other "hidden text" using the name or brand and trademarks of Green Cloud Nine without our express written consent.

You may not misuse the Green Cloud Nine services and only use them within the legally permitted framework. The rights to use Green Cloud Nine services granted by Green Cloud Nine will be revoked if you do not comply with these terms of use or service conditions. We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve:

(a) transmissions over various networks; and

(b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the service, use of the service, or access to the service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Copyrights

The entire content contained on or made available by the Green Cloud Nine platform, is owned by Green Cloud Nine or by third parties who supply content or make it available on the platform.

This content includes text, graphics, logos, button icons, images, audio clips, digital downloads, and data collections.

You may not systematically extract and / or reuse the entire content or parts of it without the prior written consent of Green Cloud Nine.

 In particular, you may not use any data mining, robots or similar data collection and extraction programs to extract any essential parts of Green Cloud Nine for reuse without the express written consent of Green Cloud Nine. In addition, you are not allowed to create and / or publish your own database that contains essential parts of Green Cloud Nine without the express consent of Green Cloud Nine. 

Trademark and trademark rights

All graphics, logos, headers, button icons, scripts, and services, as well as names contained on or provided by the Green Cloud Nine platform, represent Green Cloud Nine's trademark and trademark rights. Green Cloud Nine's trademark and trademark rights may not be associated with a product or service that do not belong to Green Cloud Nine, nor used in a way that may confuse customers, or belittles or discredits Green Cloud Nine.

All other brands and labels that are not owned by Green Cloud Nine and appear in Green Cloud Nine’s platform are the property of their respective owners.

 

3. AFFILIATE MARKETING

a. Relationship:

Green Cloud Nine participates in affiliate marketing programs. That means that our blog posts, social media and website contain affiliate links to third party sites.

Any content that contains affiliate links will be clearly marked.

If you purchase something through one of these third party sites, we may earn a small commission at NO ADDITIONAL COST to you as the customer. These commissions are a necessary source of income to cover our costs and pay our team, allowing us to continue bringing relevant and free of charge information to all our users.  

Our goal is to help readers make the best purchasing decisions, however, the testimonies and opinions expressed are ours only. As always you should do your own due diligence to verify any claims, results and stats before making any kind of purchase.

Green Cloud Nine participates also in the Amazon Associates Program, where we may earn commissions from qualifying purchases. We are aware that this relationship is not ideal because of the sustainability nature of our company mission, but despite of our efforts to recommend you products from brands that better fit our values, we are not always able to find them. Rest assured that before we recommend you an Amazon product, we already tried to find a more sustainable alternative.

b. Disclosure:

We disclose that some links on our site are affiliate links, and we may earn a commission if you make a purchase through these links. This disclosure ensures transparency and honesty with our users. 

c. Third-Party Policies:

Users should be aware that external affiliate partners have their own terms and privacy policies. Green Cloud Nine e.U. is not responsible for the content or practices of these third-party affiliates and expressly disclaims any liability, damages or detriment arising out of such content or practices.

Furthermore, third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

 

4 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We strive to provide accurate, complete, and up-to-date information on this site. However, we make no warranties or representations regarding the accuracy, completeness, or timeliness of the information provided. The material on this site is intended for general information purposes only and should not be solely relied upon for making decisions. We recommend consulting primary, more accurate, complete, or timely sources of information before making any decisions based on the material found on this site. Your use of the information on this site is at your own risk.

This site may contain historical information that is not current and is provided for reference purposes only. We reserve the right to modify the contents of this site at any time, but we are under no obligation to update any information on our site. You are responsible for monitoring any changes on our site.

 

5 - MODIFICATIONS TO THE SERVICE AND PRICES

Green Cloud Nine e.U. reserves the right to modify, suspend, or discontinue any part of the service, including but not limited to website features, affiliate links, or third-party product information, at any time without prior notice. We are not liable to users or any third party for any modifications, price changes, or interruptions to the service.

 

6 - PRODUCTS OR SERVICES

Green Cloud Nine e.U. acts as an affiliate and does not directly sell any products or services. We provide information and links to third-party products or services for your convenience. While we strive to ensure the accuracy and availability of the information, we do not warrant or endorse the quality, safety, or legality of the products or services offered by the third-party sellers.

Users are encouraged to review the terms and policies of the respective sellers before making any purchases, as Green Cloud Nine e.U. assumes no responsibility for transactions between users and third-party sellers.

 We do not warrant that the quality of any products, services, information, or other materials purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

  

 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

  

 8 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

9 - PERSONAL INFORMATION

Your submission of personal information through the site is governed by our Privacy Policy. You can view our Privacy Policy here.

 

10 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

11 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:

(a) for any unlawful purpose.

(b) to solicit others to perform or participate in any unlawful acts.

(c) to violate any international, federal, provincial, or country state regulations, rules, laws, or local ordinances.

(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others.

(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.

(f) to submit false or misleading information.

(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet.

(h) to collect or track the personal information of others.

(i) to spam, phish, pharm, pretext, spider, crawl, or scrape.

(j) for any obscene or immoral purpose; or

(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

12 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

 

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

Because some countries or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

13 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless our company and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.

 

14 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

15 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

16 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

17 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Austria.

 

18 - DISPUTE RESOLUTION

If a dispute arises between you and Green Cloud Nine our goal is to provide you with a neutral and cost-effective means of resolving it quickly. Accordingly, you and Green Cloud Nine agree that we will resolve any claim or controversy at law or equity that arises out of these Terms or our services in accordance with one of the subsections below or as we and you otherwise agree in writing.

 Before resorting to these alternatives, we strongly encourage you to first contact us directly at support@greencloudnine.com to seek a resolution. Green Cloud Nine commits to compile and examine within 2 weeks of receipt of a complaint and submit a proposal for a solution to both parties.

Green Cloud Nine is entitled to seek legal advice and to submit the facts to a lawyer who will observe and provide advice. Obtaining a council does not entail any additional costs for the users.

We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

 

19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

20 – LIABILITY

We always strive to ensure that Green Cloud Nine is available without interruptions and that transmissions are free of errors. However, due to the nature of the Internet, this cannot be guaranteed. Your access to Green Cloud Nine may occasionally be interrupted or restricted to enable repairs, maintenance or the introduction of new facilities or services. We will always try to keep the frequency and duration of any such temporary interruption or restriction to a minimum.

We will not be responsible for any breach or delay in the fulfilment of any of the obligations that we assume under a Contract, whose cause is due to events that are beyond our reasonable control ("Force Majeure").

Causes of Force Majeure will include any act, event, lack of exercise, omission or accident that is beyond our reasonable control and will include, but is not limited to, the following: 

1. Strikes, lockouts or other protest measures.
2. Civil commotion, revolt, invasion, terrorist attack or terrorist threat, war has been declared or not) or threat or war preparations.
3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
4. The impossibility of the use of trains, boats, aeroplanes, motor transport or other means of transport, public or private.
5. The impossibility of using public or private telecommunications systems.
6. Acts, decrees, legislation, regulations or restrictions of other governments.

It will be understood that our compliance obligation under any Contract will be suspended during the period in which the Force Majeure Event continues, and we will have an extension in the term to fulfil our obligation for the duration of such period. We will use all reasonable means to end the Cause of Force Majeure or to find a solution by means of which we can fulfil our obligations under the Contract despite the Force Majeure.

Green Cloud Nine is only liable to the user for the usage contract concluded with the user. The liability of Green Cloud Nine, its legal representatives or agents is excluded to the greatest extent permitted by law.

Green Cloud Nine is not responsible and assumes no liability for:

• A certain availability rate of the platform
• The compatibility of the internet service with the user's hardware or software,
• Damage caused by improper use by the user due to the usage of unsuitable hardware and software as well as malfunctions resulting from the internet connection,
• Damages or disadvantages that the user incurs because of illegal or unlawful use of the platform by himself or a third party,
• The completeness, correctness, or timeliness of data (in particular, identity details), content, information, or ratings,
• Damage resulting from the loss of content, information, or data,
• Damage from the improper use of disclosed data by third parties or from the disclosure of confidential information by the user,
• Damage from input errors, including by users, or errors in data processing,
• Damage resulting from any legal violations (competition law, copyrights or other ancillary copyrights or personal rights),
• Damage due to any violations of information, labelling and provision obligations on the part of the vendor,
•  Damage from an incorrect search or sorting of the products according to the filter used by the user,
• Goodwill solutions offered by the platform as well as any information regarding goodwill solutions passed on.

Green Cloud Nine's liability is limited to intent and gross negligence, as well as in the case of personal injury (injury to life, body, and health), but only for slight negligence in the event of a breach of essential contractual obligations, in the event of delay for which Green Cloud Nine is responsible and/or impossibility. Liability in the event of a breach of such an essential contractual obligation is limited to the contract-typical damage that Green Cloud Nine had to expect at the time of conclusion of the contract due to the circumstances known at that time.

Green Cloud Nine shall only be liable for the loss of data in accordance with the preceding paragraphs if such a loss could not have been avoided by appropriate data backup measures on the part of the user.

Otherwise, the liability of Green Cloud Nine is excluded. The provisions of the Product Liability Act remain unaffected.

Any further liability on the part of Green Cloud Nine is excluded. Green Cloud Nine is not liable for atypical damage, indirect damage, lost profit, consequential and financial damage, or damage due to force majeure (e.g., environmental disasters, strikes, war, earthquakes).

In terms of amount, Green Cloud Nine's liability is limited to the typically occurring, foreseeable damage. Subject to mandatory statutory provisions to the contrary, liability claims of the user expire within six months of the injured party becoming aware of the damage.

Insofar as the liability of Green Cloud Nine is excluded or limited in terms of reason or amount, this also applies in favour of the personal liability of Green Cloud Nine's legal representatives, executive employees, and agents.

 

21 - CONTACT INFORMATION

Any questions about these Terms of Service should be sent to us at support@greencloudnine.com

Our contact information is posted below:

support@greencloudnine.com

Green Cloud Nine e.U.

AT- 6200 Jenbach

+43 690 10348424

Registry No: FN552852