Please read carefully the following terms and conditions governing the terms and conditions of contract between customers and the company THE WAKE UP MOVEMENT, S.L. (hereinafter referred to as “Dcycle”). Companies that allow their representatives (such as employees) to use the Service, agree to follow these Terms and Conditions and be responsible for compliance with them by their designated users when inviting them to use the Service.
We inform you that the App app.dcycle.io is managed by the company THE WAKE UP MOVEMENT, S.L., with C.I.F. nº ESB-88511373, a company registered in the Mercantile Register of Madrid on the fourteenth of November two thousand nineteen nineteen, in volume 39841, Folio 41, Sheet M-707822, Inscription 1ª, whose registered office is located at Calle García de Paredes, 78, esc. 1, 1-4º, Madrid (28010). You can obtain more information about Dcycle by sending an e-mail to the following address email@example.com.
The following terms shall, in these Terms and Conditions, have the meanings ascribed to them below.
“Customer” means an organisation that has acquired a licence of any kind. A Customer may also be considered a supplier of a customer accessing the Site.
“Content” means all original content of the Service, such as features, functionality, design elements, graphics, images, text, statistics, guidelines, frameworks, rules and any other material or information.
“User Account” means the account of any individual User.
“Data” means all text, statistics, graphics, images and any other information that a User or Company uploads or publishes through the Service.
“Publisher” means any publisher or owner of guidelines, frameworks or standards that may be made available through the Service.
“Company” means a Customer or Supplier.
“Licence” means the right of the Company to allow its Designated Users to use the Service.
“Supplier” means an organisation that reports sustainability data on the Service through a free licence.
The “Service” means the sustainability management service called Dcycle, provided by Dcycle on the Site, with its features at all times current.
Site” means the domain and subdomains of app.dcycle.io and dcycle.io.
“User” means you, a natural person who is the Company’s designated user of the Service.
The Service is a digital platform, available through the Site, on which Users can manage, visualise, communicate, evaluate, compare, record and analyse their sustainability Data and that of other Companies.
The Service is provided to Customers free of charge. Additional services on the Site are available for a variable fee.
Suppliers have access to the Service through a free licence. Supplier Users may report, collect and analyse Supplier Sustainability Data and make the Data publicly available on the Service or to their Customers.
The Service is controlled and operated by Dcycle from its office in Madrid. Dcycle makes no representation that the Content and Data on the Service or the Site will be available for use in other countries.
A User Account is connected to a specific Company and can only be used by its designated User. Each User is responsible for keeping their login information secure and for keeping their information up to date and complete.
Each Company can manage the User Accounts of its Designated Users from an administrator account.
Each Company and its Designated Users are jointly responsible for the activities performed under their User Accounts.
The total price of the paid services will be indicated in the description of each service on the Site. The prices offered include the price of the service, the taxes derived from the purchase and any other amounts inherent to the purchase, thus reflecting the total and final price of the service.
The Client may in any case choose the method of payment for the payment services purchased through the Site with their Visa, Visa Electron, American Express, Maestro and Mastercard credit card via the Site’s secure payment gateway.
Once the secure payment process has been completed, the Customer will receive an email confirming their purchase.
The User may use the Service only for lawful purposes. The User is strictly prohibited from posting or transmitting any material that could cause damage to Dcycle, constitute a criminal offence, give rise to civil liability, or otherwise violate any law or these Terms and Conditions. Dcycle assumes no responsibility or liability for the posting or transmission of any such material by Users. Dcycle will cooperate with law enforcement authorities and will comply with any court order requesting or directing Dcycle to disclose the identity of anyone posting any prohibited materials.
The Service allows Companies and their Designated Users to upload, submit, store, send and receive Data. The Company to which the Data relates retains ownership of the Data. Therefore, you may not use the Data other than as explicitly permitted in the Service or by the owner of the Data.
Any submitter of Data (whether a Company or a User) warrants that it is the owner of the Data or that it has valid permission to use and upload such Data from the owner of the Data.
Dcycle does not warrant or represent that the Data, or the use of the Data, does not infringe the rights of any third party. In this regard, Dcycle is not responsible for the use of its technology for fraudulent purposes by a Customer or for a Customer’s failure to act diligently or in good faith with respect to the Data that it enters on the Site.
The Service and its Content are the exclusive property of Dcycle or the Publishers. The permitted use by Users and Companies of the Service and its Content is limited to the rights granted under these Terms and Conditions. The intellectual property of Dcycle and the Publishers may not otherwise be used without their respective written consent.
The Service may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any purpose inconsistent with the rights granted under these Terms and Conditions.
The Service is provided “as is”, without warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
Dcycle will not be liable for any direct or indirect damages arising from the use of the Service by the User or the Supplier.
Dcycle takes steps to ensure the accuracy of the information provided by the Service. However, Dcycle is not responsible for any errors or omissions in the Service and does not guarantee the accuracy, completeness or timeliness of the information on the Service. The information on the Service is subject to change at any time without notice.
In order to ensure the integrity of the information collected through our Site, we store the information on secure servers and comply with the security measures required by Spanish data protection legislation.
However, no transmission over the Internet is completely secure or error-free, nor is the data stored invulnerable. For this reason, Dcycle cannot guarantee the security of our Site, databases or services, content, products, links or other elements included on the Site, or the results obtained from accessing and using the Site and/or the content of the same, in the event of unlawful action by a third party.
In particular, Dcycle does not guarantee and is not responsible for:
- The lack of continuous and uninterrupted availability of the Site and/or accessibility to the Site or technical continuity of the Site;
- The existence of interruptions or errors in access to the Site, as well as technical problems or failures that occur during connection to the Internet;
- The absence of errors in said content or products; The absence of viruses and other harmful components on the Site or on the server that supplies it;
- The invulnerability of the Site and/or the impregnability of the security measures adopted therein;
- Incidents in the Internet network or any other incident due to force majeure and/or beyond its reach and/or control.
- Any damage or harm caused, to themselves or to a third party, by any person who infringes the conditions, rules and instructions that Dcycle establishes on the Site or through the violation of the Site’s security systems; The loss of profits, income, data, business interruption, indirect, special, derived, exemplary or punitive damages.
- Interception by third parties of information you submit to us during transmission over the internet.
We are not liable for the actions of third parties.
The total or partial invalidity, actual or supervening, of any of the clauses of these Terms and Conditions does not entail the invalidity of the rest of the clauses, which will remain fully valid if they do not suffer from such defect. In such cases, the invalid clause shall be replaced by an equivalent one.
The Client may not assign the position acquired through the acceptance of these Terms and Conditions to third parties, nor the rights and obligations resulting from the acquisition of services through the Site without the express written consent of Dcycle.
If the Service is used in violation of these Terms and Conditions, or if the use constitutes a risk of damage to Dcycle’s goodwill, brands or reputation in general, Dcycle reserves the right to delete, restrict or block the Data related to the infringement and to limit the infringing User’s and/or Company’s access to the Service.
Each Company agrees to indemnify Dcycle in respect of all direct and indirect liability, losses, damages, costs or expenses caused by, arising out of or relating to the negligence of the Company or its Designated Users, ii) breach of these Terms, or iii) misuse of the Service.
Dcycle may at any time revise these Terms and Conditions by posting new ones on the Site, whereas such changes will be effective upon posting. Users and Companies are bound by any such revisions and should therefore periodically visit the Site to review the Terms.
These Terms shall be construed in accordance with and governed by Spanish law. Disputes arising in connection with these Terms and Conditions shall be resolved by the courts of the city of Madrid.