Terms and conditions for Fairphone Website Usage

Welcome to the Fairphone website!

For clarity purpose, the term “Website” means the Fairphone website including all pages within this Website. If you continue to browse and use this Website, you are agreeing to comply with and be bound by the following terms and conditions of use (“Terms of Use”), which together with the Fairphone Privacy Policy govern Fairphone’s relationship with you in relation to this Website.

If you disagree with any part of these Terms of Use, please do not use the Website further.

The term “Web Content” refers to all the materials including the textual, visual, aural contents used in the Website as part of the user experience in the Website. The Web Content may include text, images, sounds, videos, designs and animations used and part of the Website.

The term “Fairphone”, “us”, “our”, “we” refers to the owner of the Website: Fairphone B.V, a Dutch limited liability company located in Pakhuis Amsterdam 3rd floor at Jollemanhof 17 1019GW Amsterdam in the Netherlands, registered with the Trade Registry number 55901964, VAT number 8519.04.270.B.01.

The term “you”, “yours’ refers to the user, visitor or viewer of the Website. The term “User Content” means materias including text, images, audio material, video material and audio-visual material that you submit to this Website, for whatever purpose.

The usage of this Website is subject to the following terms of use:

The Scope of Application

You can visit our Website without submitting any information about yourself. However, to place an order for our products, you must be of legal age. If you are not of legal age or act on behalf of someone else, note that you need have consent of a legal representative or in the person in question.

The Content

All Web Content of the Website is licensed under Creative Commons License Attribution- Non Commercial 4.0 International (CC-BY-NC.SA 4.0), unless stated otherwise. For more information on the license, please visit http://creativecommons.org/licenses/by-nc/4.0/.

All Web Content provided on the Website cannot be used for advertising, commercial activities and does not provide a substitute for professional advice.

From time to time, the Website may include links to third party websites. These links are provided for your convenience only and do not signify that we endorse such third party websites. You acknowledge and agree that:

Fairphone is not responsible for such websites, including the terms on which such websites are made available and the privacy policies of such websites, and do not control their content of availability.

Fairphone makes no representation, warranty or condition, either express or implied, in relation to any goods or services or information received from such websites; and

If you access any such websites, you do so entirely at your own risk.

We reserve the right to update the Website for maintenance or updates. We also reserve the right to suspend or restrict access to some features to users. In any case, Fairphone will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. In addition, although we are aiming to keep the Web Content as accurate and as informative as possible, we cannot guarantee that all the information provided is free for error.

Your rights and responsibilities

You may provide User Content to Fairphone, however, it must be your own or it must not infringe on any third party’s rights. Fairphone reserves the right to remove any of your User Content from the Website at any time and for any reason, without notice.

Any feedback, comments or suggestions that you provide is entirely voluntary and you grant us irrevocable, perpetual, worldwide and non-exclusive license to modify, edit, delete, commercialise such feedback without any legal or payment obligations to you.

You are restricted from doing all of the following:

Using or accessing the Website for any fraudulent purpose, or for a purpose that contrary to applicable laws or regulations, or for a purpose that in a way causes, or may cause harm to the Website, to any person or business entity;

Using or accessing the Website to impersonate any person or entity;

Using the Website to advertise, sell goods or services or engage in other commercial activities;

Interfering with or disrupting the operation of the Website or access to it;

Transmitting or using this Website in any way that is, or may be, damaging to this Website;

Restricting or inhibiting the ability of any other person to access or use the Website.

Fairphone reserves the right to remove or flag your User Content from our Website, including the forum or Fairphone social media channels in case of non-compliance to the above mentioned restrictions.

Note that the User Content you submit on the internet is public and may be available, via the internet, around the world. Fairphone cannot prevent the use or misuse of such User Content by others.

Intellectual Property

You acknowledge and agree that the Intellectual Property rights relating to the operation of the Website (excluding Web Content), are either owned by Fairphone or duly licensed by our business partners. For clarity purposes, “Intellectual Property” means all right, title and interest in and to all industrial and intellectual results, objects or property either in whole or in part, registered or unregistered, tangible or intangible and any other corresponding property rights and results under the laws of any jurisdiction.

No license or other intellectual property rights, owned by Fairphone or our business partners, are granted to you pursuant to these Terms of Use. You have the right to use the Intellectual Property only insofar as we granted you permission to, and you shall refrain from using them (or having them used) in any other manner without our written permission and/ or the written permission of our business partners. Under these Terms of Use, you are granted a limited license only for the purpose of accessing the materials contained on this Website.

Data Protection

You may visit our Website without submitting any information about yourself. Personal data is only collected and processed if you voluntarily provide us with it such as, opening a customer account or registering for Fairphone newsletter. All data collected by Fairphone will be used and processed exclusively within the framework of the current Dutch and European Union data protection laws and in accordance with our data protection and privacy policy. For more information, please read our Privacy Policy.

Governing Law and Dispute Resolution

These Terms of Use is governed by and shall be construed in accordance with the laws of The Netherlands. All disputes arising out of or in connection with these Terms of Use shall be finally settled by the court of Amsterdam, in the Netherlands.