SUSTAINEVERSE TERMS AND CONDITIONS
EFFECTIVE AS OF 10 OCTOBER 2021
EFFECTIVE AS OF 10 OCTOBER 2021
THESE TERMS AND CONDITIONS ARE BINDING AND GOVERN YOUR USE OF OUR WEBSITE AND/OR OUR APP, AND YOUR PURCHASE OF GOODS AND SERVICES THROUGH OUR WEBSITE OR APP FROM US AND/OR FROM PARTICIPATING PARTNERS OR AFFILIATE ENTITIES. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE OUR WEBSITE AND/OR OUR APP. USING OUR WEBSITE AND/OR OUR APP CONSTITUTES AGREEMENT TO THESE TERMS AND CREATES A BINDING LEGAL CONTRACT.
These SustainEverse Terms and Conditions (“Terms,” or “Agreement”) shall govern all enrolment and participation by individuals and entities who sign up for user accounts or privileges in, on, for or with the SustainEverse, as of the date set forth above. Submitting a request for a User Account digitally or physically, or otherwise lawfully agreeing to enrol in the SustainEverse platform shall constitute agreement with, and agreement to be bound by, these Terms. The enrolled person or entity shall be referred to as the “User,” “You,” or “Your” herein. The provider of SustainEverse is SocioLadder Holdings, Inc., in the United states, referred to as “SLH,” herein, or whichever corporate entity provides such services on behalf of SLH, or their affiliated entities in your country. For specific information regarding the entity which provides such services in your country, send an email to [email protected] with the name of the country where you reside. Whichever entity provides the services in your country shall be referred to herein as the “Provider,” “We,” or “Us.”
Provider shall offer to Users, through its websites, proprietary applications, and other similar systems (collectively the “SustainEverse”) specified features, benefits, and opportunities as shall be set forth on the SustainEverse. When you enrol in the SustainEverse, you will create an account (a “User Account”) which is for your use only. If you are creating an account for your own personal use, the User Account, including but not limited to access to the SustainEverse through the User Account, shall not be shared with any other person or entity. If you are creating a User Account for a corporate entity, including but not limited to a general partnership, limited partnership, business corporation, not-for-profit corporation, private/public partnership entity, or a governmental or other public entity (an “Entity User,”) that User Account may be shared with other duly authorised representatives of that entity, but the Entity User shall be responsible for all acts of any User which accesses the Entity User’s User Account. Unless otherwise specified herein, or a reasonable person would understand otherwise, any reference to a User in these Terms and Conditions includes both individual human Users and Entity Users.
We, the SustainEverse, or the software application store that makes the SustainEverse (especially but not limited to our proprietary programs or apps) available for download may include functionality to automatically check for updates or upgrades to the SustainEverse. Unless your device, its settings, or computer software does not permit transmission or use of upgrades or updates, you agree that we, or the applicable software or software application store, may provide notice to you of the availability of such upgrades or updates and automatically push such upgrade or update to your device or computer from time-to-time. You may be required to install certain upgrades or updates to the SustainEverse in order to continue to access or use the Program, or portions thereof (including upgrades or updates designed to correct issues with the Program or the SustainEverse). Any updates or upgrades provided to you by us under the Terms shall be considered part of the SustainEverse. If a device does not allow access to the SustainEverse due to not meeting minimum technical specifications, you may not use the SustainEverse on that device.
You may also be able to register to use the SustainEverse by logging into your User Account with your account credentials from certain third party websites (e.g. Google) and/or social networking sites (e.g., Facebook, Twitter). You confirm that you are the owner of any third party account and that you are entitled to disclose your third party login information to us. You authorise us to collect your authentication information, and other information that may be available on or through your third party account consistent with your applicable settings and instructions.
You represent to us that all information provided to us in such a process is true, accurate and correct, and that you will update your information as and when necessary in order to keep it accurate. If you are creating an account for a business, then you represent to us that you are the owner or authorised agent of such business. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, create multiple accounts or business listings except as otherwise authorised by us, or provide or use false information to obtain access to the SustainEverse.
You agree that you are responsible for all activities that occur with regard to your User Account. You agree to notify us immediately of any unauthorised use of your User Account in order to enable us to take necessary corrective action. You also agree that you will not allow any third party to use your User Account for any purpose and that you will be liable for such unauthorised access.
You agree not to access (or attempt to access) the SustainEverse by any means other than website and/or proprietary applications provided by us, unless we have granted you prior written permission. You specifically agree not to access (or attempt to access) the SustainEverse or the Program through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the SustainEverse.
You agree that you will not engage in any activity that interferes with or disrupts the SustainEverse (or the servers and networks which are connected to the SustainEverse).
Some SustainEverse plans require the payment of periodic or one-time subscription fees, and optional add-ons and value-add purchases.Some SustainEverse accounts require the payment of periodic fees. You agree that you have been or will be advised regarding any and all fees, payments, commissions, or other payments due to SLH and/or any Provider (“User Fees”) at the time you signed up for your account, and that such User Fees, if any apply to your account, shall be due and payable as set forth at the time you signed up. You agree that the User Fees shall be due in such amounts and upon such schedules as are set forth by SLH from time to time and are subject to change at SLH’s sole discretion and without notice unless a separate written agreement providing otherwise exists between you and SLH. If at any time you wish to discontinue paying User Fees, you must provide a cancellation notice to us as set forth in Paragraph 6 below.
NOTE: Our standard User Fee period is one month. If you are paying per month, you will not receive any refund for the time remaining in the current month, although we will not, absent your material breach of these Terms or your specific request, terminate your account until the end of the current month. Longer User Fee periods may be available, with an applicable discount, at our discretion. If you originally pay for a longer User Fee period, and cancel with more than one month remaining, we will refund your remaining User Fees pro rata, but we will calculate your refund based on the sum of all months used to date at the standard monthly rate, not any discounted rate which may have previously applied. For avoidance of doubt, here is an example refund calculation:
If the standard monthly User Fee for your account is $100;
But you paid for a User Fee period of one year (12 months) in advance at a discounted rate of $900 ($75 per month);
And you request a cancellation with 6 months remaining in your User Fee period;
Then your refund will be $900 – 6 (months used) X $100 (standard User Fee per month) = $300.
We will not change this provision of our refund policy without posting prior notice.
A link to the current User Fee structure may be found on SustainEverse.org on signing up as a respective user.
If you make a payment to SLH in error, please provide us notice at [email protected]. We will work with you to resolve any issues regarding such payments. Please note that we will make all refund payments, either under the temsterms of Paragraph 4 above or otherwise, via the payment processor we use in your country, which is subject to change upon reasonable notice or without notice if providing notice is not reasonably feasible. As of the effective date of these Terms and Conditions, such payment processors are either Stripe or Razorpay. Direct payments either through wire or by physical check or money order are not available.
If you make a payment to a Provider in error, you should contact that Provider directly to resolve any dispute or mistake. We will make all reasonable efforts to help you if you are unable to contact a Provider or obtain a resolution to such dispute or mistake, but our obligations will be limited according to the terms of Paragraph 8 below.
The term of your enrollmentenrolment in the SustainEverse shall last until you provide us a request, either by email to [email protected] or through the platform (under Account Settings) or we cancel your account as set forth herein, or we discontinue the SustainEverse. We will make reasonable efforts to notify you if we discontinue the SustainEverse or we cancel your User Account, but such termination will be effective upon our implementing it into the SustainEverse. We reserve the right to suspend/cancel, or discontinue the SustainEverse at any time without notice, and/or to make modifications and alterations in any or all of its contents, products and services offered through the SustainEverse without any prior notice. You acknowledge and agree that if we disable access to your account, either because we discontinue the SustainEverse or you or we cancel your User Account, you may be prevented from accessing the SustainEverse, your account details or any files or other content, which is contained in your User Account.
We may terminate your use of and/or deny you access to the SustainEverse at our sole discretion for any reason or no reason, including your: (i) violation of these Terms; or (ii) lack of use of the SustainEverse. You agree that any termination of your access to the SustainEverse may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your User Account and all related information and/or bar any further access to your User Account or the SustainEverse. If you use the SustainEverse in violation of these Terms, we may, in our sole discretion, retain all data collected from your use of the SustainEverse. Further, you agree that we shall not be liable to you or any third party for the discontinuation or termination of your access to the Services
YOU MUST COMMENCE ANY LEGAL ACTION AGAINST US WITHIN ONE (1) YEAR AFTER THE ALLEGED HARM INITIALLY OCCURS OR YOUR USER ACCOUNT IS CANCELLED FOR ANY REASON, WHICHEVER COMES FIRST. FAILURE TO COMMENCE THE ACTION WITHIN THAT PERIOD SHALL FOREVER BAR ANY CLAIMS OR CAUSES OF ACTION REGARDING THE SAME FACTS OR OCCURRENCE, NOTWITHSTANDING ANY STATUTE OF LIMITATIONS OR OTHER LAW TO THE CONTRARY. WITHIN THIS PERIOD, ANY FAILURE BY US TO ENFORCE OR EXERCISE ANY PROVISION OF THESE TERMS OR ANY RELATED RIGHT SHALL NOT CONSTITUTE A WAIVER OF THAT RIGHT OR PROVISION.
We are the sole and exclusive copyright owners of the SustainEverse and all content and intellectual property found thereon, except for content and intellectual property provided by third parties. We also exclusively own the copyrights, trademarks, service marks, logos, trade names, trade dress and other intellectual and proprietary rights throughout the world (the "IP Rights") associated with the SustainEverse and/or related to the operations of SocioLadder Holdings, Inc., or any affiliate entity, which may be protected by copyright, patent, trademark and other applicable intellectual property and proprietary rights and laws. You acknowledge that the SustainEverse contains original works and has been developed, compiled, prepared, revised, selected, and arranged by us through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property owned by us.
You agree to protect our proprietary rights and the proprietary rights of all others having rights in the SustainEverse and/or the products and services offered through the SustainEverse and/or copyrighted or otherwise protected content related to those products and services during and after the term of this agreement and to comply with all reasonable written requests made by us, our licensees or licensors of content, or otherwise to protect their and others' contractual, statutory, and common law rights in the SustainEverse, and the products and services offered through it. You acknowledge and agree that we or our licensors own all legal right, title and interest in and to the SustainEverse and the products and services offered through it and content, including any IP Rights which subsist in the SustainEverse (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information belonging to or controlled by us; or remove, conceal or obliterate any copyright or other proprietary notice or source identifier, including without limitation, the size, color, location or style of any proprietary mark(s). Any infringement shall lead to appropriate legal proceedings against you at appropriate forum for seeking all available/possible remedies under applicable laws of the country of violation. You cannot modify, reproduce, publicly display or exploit in any form or manner whatsoever any of content available through the SustainEverse in whole or in part except as expressly authorizedauthorised by us.
You agree and stipulate that it would not be equitable or reasonable to require us to continue to offer the SustainEverse, either in general or to you in particular, in the event of an uncurableincurable breach of or irreconcilable dispute regarding these Terms. Therefore, the parties agree that money damages shall be the sole remedy available to either party in the event of such an alleged breach or irreconcilable dispute, and that no injunction, restraining order, or other writ or decree shall be sought or issued which would force either party to do anything other than pay monetary damages
You agree and stipulate that neither SLH, nor any other affiliated Provider or entity which provides the SustainEverse or any related products and services, is necessarily the ultimate source or seller of products or provider of services which may be available through the SustainEverse. We will make all reasonable efforts to assist in resolving any dispute you may have with a third party regarding products or services you obtained or accessed through the SustainEverse, but you agree that our liability for any claim related to such products and services shall be limited to our returning to you the amount of your payment for any such product or service.
Regarding payments made by you, to you, or on your behalf through SLH and/or any related Provider, any dispute regarding such payments shall be governed under the terms of Paragraph 5 above, and you agree that our liability for any claim related to such products and services shall be limited to our returning to you the amount of your payment for any such product or service.
Any and all content or information provided by, on or through the SustainEverse regarding any product or service of any third party is for informational purposes only: all products and services offered by third parties are the responsibility of such third parties, who are responsible for the information they provide and the products and services they offer. We disclaim any liability for any information that may have become outdated since the last time the particular piece of information was updated by a third party. We reserve the right to make changes and corrections to any information provided on, by or through the SustainEverse at any time without prior notice. We do not guarantee the quality of the products and services, the prices listed, or the availability of such products and services.
Any information posted by a user, whether an individual or an entity, represents the views and opinions of the person(s) posting it, and is not representative of the views or opinions of SLH or any of its owners, officers, agents, or employees. In the event that a user posts written, audio, or audiovisual works which contain the views and opinions of third parties, such views and opinions are those of the third parties and do not represent the views or opinions of SLH or any of its owners, officers, agents or employees.
Any information posted by SLH provided or created by a third party (e.g. Blogs, Articles, Case Studies, Corporate News, White Papers, Research Papers, et cetera) represents the views and opinions of those third parties, and does not represent the views and opinions of SLH or any of its owners, officers, agents or employees, or of any third party, including sponsors, strategic partners, or users of SustainEverse.
Any certification, licenses or permits ("Certification") or information in regard to such Certification that may be displayed on the SustainEverse regarding any particular product or service provided by third parties is for informational purposes only. Such Certification is displayed by us as they are provided to us by third parties. We do not make any warranties about the validity, authenticity, reliability and accuracy of such Certification or any information displayed in this regard. Any reliance by you upon the Certification or information thereto shall be strictly at your own risk.
Unless stated otherwise, all pictures and information contained on the SustainEverse are believed to be owned by or licensed to us. Please email a takedown request (by using the "Contact Us" link on the home page) to us if you are the copyright owner of any material visible on or through the SustainEverse and you think the use of the material violates your copyright in any way. Please indicate the exact URL of the webpage in your request. We shall not be liable for any infringement of copyright arising out of materials posted on or transmitted through the SustainEverse, or products and services offered through the SustainEverse, by end users or any other third parties. We respect the intellectual property rights of others and require those that use the SustainEverse to do the same. We may, in appropriate circumstances and at our discretion, remove or disable access to material on the SustainEverse that infringes upon the copyright rights of others. We also may, in our discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any users of the SustainEverse repeatedly infringe on others' copyrights, we may in our sole discretion terminate those individuals' rights to use the SustainEverse. If you believe that your copyright has been or is being infringed upon by material found in the SustainEverse, you are required to follow the below procedure to file a notification:
Identify in writing the copyrighted material that you claim has been infringed upon;
Identify in writing the material on the SustainEverse that you allege is infringing upon copyrighted material, and provide sufficient information that reasonably identifies the location of the alleged infringing material (for example, the user name of the alleged infringer and the listing it is posted under);
Include the following statement: "I have a good faith belief that the use of the content on the SustainEverse as described above is not authorizedauthorised by the copyright owner, its agent, or by applicable law";
Include the following statement: "I swear under penalty of perjury that the information in my notice is accurate and I am the copyright owner or I am authorized to act on the copyright owner's behalf";
Provide your contact information including your address, telephone number, and e-mail address (if available);
Provide your physical or electronic signature.
Send the written communication to:
For Users residing in the United States:
(a) Governing Law. Participation in the SustainEverse, the rights and obligations granted under these Terms, and any dispute related to enrollmentenrolment shall be governed and interpreted in accordance with the substantive laws of the state of Illinois in the United States of America if SLH provides the SustainEverse and related services to you, or the laws of the country in which our affiliated Provider entity which provides the SustainEverse and related services to you if it is not SLH. If you bring suit against us, you agree to bring suit against us in the country in which the entity which provides the SustainEverse and related services to you. If for any reason a court outside this jurisdiction finds that it has jurisdiction over any dispute related to these Terms or participation in the SustainEverse, the parties agree that such court shall still apply the laws of the agreed-upon jurisdiction.
(b) Force Majeure. Neither party shall be deemed in default of these Terms to the extent that performance of their obligations or attempts to cure any breach are delayed or prevented by reason of any act of God, fire, natural disaster, outbreak of communicable disease, accident, act of government, shortages of material or supplies of any other cause beyond the control of such party (including delay wrongfully caused solely by the other party) ("Force Majeure"), provided that such party gives the other party written notice thereof promptly, and in any event, within fifteen days of discovery thereof; PROVIDED, however, that in any event the time for performance or cure shall be extended only for a period equal to duration of the Force Majeure but not in excess of three months.
(c) Assignment. The rights and obligations created by enrolling in the SustainEverse by may not be assigned in whole or in part by either party without consent of the other, except that either may assign (subject to the reasonable requirements of the other) that party’s interest in all or part of the payments due hereunder upon notice in writing to the other. Either party may also assign any or all of its rights under the Terms of the SustainEverse to any third party which succeeds by operation of law to, purchases or otherwise acquires substantially all of the assets of that party and assumes that party’s obligations hereunder, upon written notice to the other, subject to the other party’s reasonable approval.
(d) Interpretation. These Terms, shall be fairly interpreted in accordance with its terms and without any strict construction in favor or against one party or the other. We may provide a translation of the English version of the Terms into other languages. You understand and agree that any translation of the Terms into other languages is only for your convenience and that the English version shall govern the terms of your relationship with us. Furthermore, if there are any inconsistencies between the English version of the Terms and its translated version, the English version of the Terms shall prevail over others.
(e) Severability and Headings. Should any provision of these Terms be held void, invalid or inoperative, the remaining provisions of these Terms shall not be affected and shall continue in effect as though such provisions were deleted. Headings of these Terms are illustrative only and shall not control the effects of terms contained herein.
(f) Notices. Any notice required or permitted to be sent hereunder shall be in writing and shall be deemed delivered if hand delivered, or if mailed, postage prepaid, by registered or certified mail, return receipt requested, to either party at the address listed above or such other addresses which either party may so notify the other, or if e-mailed, if sent to the last known good email address of the party to be notified.
(g) Entire Agreement. These Terms states the entire agreement between the parties with respect to the subject hereof and supersedes all prior negotiations, understandings and agreements between the parties hereto concerning the subject matter.
(h) Amendment: These Terms may be amended by us at any time. Such Amendment shall be effective when communicated to you via the email address you have associated with your User Account, or when such Amendment is posted to the appropriate Provider’s website at https://www.socioladder.com/RCPU_TERMS/, whichever comes first. If you notify us that you decline to accept the terms of any Amendment, such notice shall be deemed a written notice of intent to withdraw from the SustainEverse and as a request to cancel your User Account. Until such withdrawal is complete, the Terms effective as of your enrollment, or the last accepted Amendment to such Terms, shall control
(h) Waiver. No waiver of any of the provisions of these Terms or any breach thereof or failure of any conditions therein shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be implied from any conduct or course of conductor of any party. No waiver shall be binding unless executed in writing by the party making the waiver.
(i) Arbitration. Any dispute relating to the validity, interpretation or performance of these Terms or the relationship of the parties arising out of participation in the SustainEverse, shall be resolved at the request of either party through binding arbitration PROVIDED, however, that the foregoing shall not impair the right that a party might otherwise have to seek and obtain injunctive relief pendente lite from a Court of competent jurisdiction, nor shall a party's exercise of any such right be deemed a waiver of its rights to demand binding arbitration under this Paragraph. Arbitration shall be conducted in the country where the entity that provides the SustainEverse and related services to you is located, by a qualified arbitrator agreed to by the parties and who shall possess knowledge of the software industry, the retail industry, and/or the charitable consulting industry as is appropriate to the nature of the dispute. in accordance with any and all applicable law and regulation of the United States or the law of the Provider’s home jurisdiction. Judgment upon any award by the arbitrator may be entered by any court having jurisdiction. If at the time such dispute arises, the law and regulation of the country where the entity which provides the SustainEverse and related services to you does not allow for binding arbitration, civil litigation or other dispute resolution means such as are reasonable, proper and efficient while maintaining the rights and obligations of the parties and their right to due process of law shall be used to resolve such dispute.
(j) Attorney’s Fees. In the event of any litigation or arbitration between the parties arising from your enrollmentenrolment in or use of the SustainEverse and related services, the prevailing party shall be entitled to recover, in addition to any other relief granted or awarded, its reasonable costs and expenses (including attorney's fees) incurred in the proceeding.