1.1. WePlog is a computer program (hereinafter referred to as the "App") that allows, among other things, to clean up litter smartly and efficiently (hereinafter referred to as "Plogging"). The App can be downloaded on a phone or tablet through the usual channels (Apple's App Store and Google Play Store). The App is owned and operated by WePlog BV (hereinafter referred to as "WePlog"), a company under Belgian law with registered office at 9831 Sint-Martens-Latem, Pontstraat 70 and registered with the Crossroads Bank for Enterprises under the number 0739.590.059 (firstname.lastname@example.org; www.weplog.be).
The App has functionalities for, on the one hand, anyone who downloads and uses the App for Plogging (hereinafter the "Users") and, on the other hand, municipalities, cities, local authorities and organizations with which WePlog has concluded a license agreement (hereinafter the "Recipients of the Services").
The App offers Users the following features:
- check, via a clear colour code on a map of the environment in which the User is located, where litter was recently cleared. Users can use that data to judge where they can clean up litter in the most useful way;
- real-time information (in particular: where and when is/was Plogged) that is continuously updated by Users entering their Plog sessions into the App via a user-friendly start/stop function.
To the Recipients of the Services, WePlog offers a web application connected to the App with a number of additional functionalities.
1.2. These terms and conditions (hereinafter referred to as the "End User Terms and Conditions") regulate the use of the App by the Users as well as the use of personal data. By using the App, the User agrees to the End User Terms and Conditions. WePlog reserves the right to change these End User Terms and Conditions whenever it so wishes. The End User Terms and Conditions can be consulted at all times.
2. App availability and usage
In order to use the App, the User must have a connection to the World Wide Web and have the equipment necessary to establish (and maintain) such a connection.
WePlog strives for continuous availability of the App, but cannot guarantee this in any way.
3. Abuse of the App
The User is prohibited to violate any law or infringe any rights of others through using the App.
In addition, the User is prohibited from disseminating information via the App that:
- is undeniably harmful, defamatory, insulting, racist, discriminatory or hateful;
- is pornographic,
- contains hyperlinks, torrents or references containing (sites) of material that clearly infringes privacy law, copyrights, related rights or portrait rights;
- contains unsolicited commercial, charitable or ideal communications (“spam”),
- contains malicious content such as viruses or spyware.
If any of the above events occur or if, in the opinion of the Recipients of the Services or WePlog, a danger arises to the operation of the App, WePlog has the right to take all measures to remedy this situation, including blocking access to the App and reporting it to the competent legal authorities.
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4. Personal data of the User
4.1. When installing and using the App, the User may leave certain information. These may be personal data within the meaning of the General Data Protection Regulation (Regulation (EU) No 2016/679), namely any information relating to an identified or identifiable natural person (hereinafter referred to as "Personal Data").
An identifiable natural person is one who can be identified directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
WePlog considers the careful handling of Personal Data to be of great importance. All Personal Data relating to the User and processed by WePlog (and its possible sub processors) in its capacity as a data processor (hereinafter referred to as the "Personal Data of the User") are carefully processed and secured by WePlog.
4.2. A data processing agreement regarding the processing by WePlog of the Personal Data of the User was concluded between the Recipient of the Services and WePlog. In accordance with the aforementioned data processing agreement, the Personal Data of the Users is collected and transmitted to the Recipient of the Services, but only for Plogging purposes or for the purposes as described in Article 1.1 of these End User Terms and Conditions. WePlog will not process the Personal Data of the Users for any purpose other than as determined by the Recipients of the Services.
4.3. Your Personal Data can be deleted by simple request. To request deletion of your data, please send an email to email@example.com.
5. Intellectual property rights
All intellectual property rights, anywhere in the world, registerable or unregistrable, registered or unregistered, including all applications or application rights for such rights, including copyright and related rights, database rights, confidential information, trade secrets, knowhow, trade names, trademarks, service marks, patents, utility models, topography rights and design rights, with respect to the App will remain with WePlog at all times. The aforementioned intellectual property rights are in no way transferred to the User.
6. Limitation of liability
6.1. The User acknowledges that complex software is never completely free of flaws, errors and bugs, and that WePlog does not provide a guarantee or statement that the App and its connected infrastructure is completely free of flaws, errors, and bugs. The User acknowledges that complex software is never completely free of security breaches and that, subject to the other provisions of these End User Terms and Conditions, WePlog does not provide a guarantee or statement that the App will be completely secure.
6.2. WePlog is not liable for the content and information provided in the App by the Recipients of the Services or by any User.
6.3. Information in the WePlog database is updated from time to time. Neither WePlog, nor any agent, officer, employee of WePlog, nor any volunteer of the WePlog community guarantees the
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accuracy, reliability of any information and is not liable for any loss or damage caused by such trust on the accuracy, reliability of such information. Although attempts have been made to ensure the accuracy of this information, some parts of the information may be incorrect or not up-to-date. Any person or entity that relies on or uses information obtained from WePlog does so at its own risk.
6.4. WePlog is also not liable for defects arising directly or indirectly from an act by the User, the Recipients of the Services or a third party, whether caused by an error or by negligence. Under no circumstances WePlog can be held liable for loss or improper use of the data entered by the User.
6.5. Plogging, jogging, hiking and other outdoor activities carry risks for both persons and property. There are many variables, including, but not limited to, weather, fitness level, terrain features, and outdoor experience, which need to be taken into account before starting a session. Be prepared for your Plogging session and make sure you check current weather conditions and conditions before you go outside. Always be careful.
6.6. In no case, WePlog shall be held liable to compensate for indirect, special or consequential damage, business damage, loss of earnings, reputational damage or loss of goodwill, loss or damage to information or data, or any other damage caused by the use of the App. This liability limitation also applies after WePlog has been specifically informed of the potential loss of the User.
6.7. To the extent permitted under applicable law, the maximum total liability of WePlog in the context of the relationship with the User is limited to 100 euros. There is only one joint liability limit, even if there are multiple claims; each claim will reduce the amount available in the joint liability limit.
If a provision of these End User Terms Conditions is or becomes illegal, unenforceable or invalid, such provision shall be deemed to have been amended to the extent necessary to remedy the illegality, unenforceability or invalidity. If the aforementioned amendment is not possible, the provision should be treated for all purposes as separate from the End User Terms and Conditions without affecting the legality, enforceability or validity of the other provisions of the End User Terms and Conditions.
8. Applicable law and competent court
These End User Terms and Conditions are governed and interpreted in accordance with Belgian law. The courts of the judicial district of Ghent, department in Ghent, are exclusively competent for any dispute arising from these End User Terms and Conditions.