Legal conditions
You might use Claimer.org software on the Claimer.org server (see I.) or on your own server (II.).
- I. When using Claimer.org online for registration of damages on the server of Claimer.org, the following conditions apply:
- Free license : Software and content are free provided they are used for the registration of climate damages. The same applies to the use for the non-profit registration of other environmental damages by non-profit organisations.
- Any use going beyond the limits above is subject to compensation. Compensation will be valued at 10 percent of the registered damage plus 10 Euro for each claimant, registered damage, uploaded document or registrar. The minimum damage is 10000 Euro.
- Claimer.org does not accept any liability for the damage registration service it offers on its own server and/or under its domain.
- Legal or natural persons creating an independent registration centre on Claimer.org are liable towards third parties for the service they provide. They protect Claimer.org against lawsuits of these third parties and bear all costs incumbent to Claimer.org.
- Legal or natural persons creating an independent registration centre on Claimer.org or registering damages or authorising other persons to register damages are responsible for the content of the texts and the documents uploaded. They have the duty to supervise the registration texts and the documents uploaded in a view of eliminating unlawful content and are fully responsible for any consequence that the non-fulfilment of this obligation might have. They protect Claimer.org against lawsuits caused by the non-fulfilment of this obligation and bear all costs incumbent to Claimer.org.
- When wishing to end your registration activity, legal or natural persons have the right to request the export of data registered by them or on their behalf. However, there is not yet automatic export functionality. Accordingly, data export must thus be provided for by an IT expert entrusted by Claimer.org which is payable at normal local tariffs.
- Claimer.org has the right to end its activities one year after the announcement thereof.
- Claimer.org is, for the time being, a citizens' initiative, likely to fall under the term of "Association de fait" under Belgian law. It is intended to hand the project over to environmental or other organisations interested in climate compensation. When using the services mentioned above, you accept in advance that the contractual relationship might be transferred and that Claimer.org is liberated from its contractual obligations.
- For any disputes in connection with services provided by Claimer.org, the law of Belgium is applicable. Brussels is the place of jurisdiction.
- All clauses protect equally the natural or legal persons holding rights or delivering services on behalf of Claimer.org. The liability of these natural or legal persons is, in addition, limited to 3000 Euro.
- Should any of these clauses or parts of it be regarded as invalid, the remainder of the text keeps its validity.
- The clause regarded as invalid shall be automatically replaced by the clause that is pursuing best the same purpose whilst still being acceptable under the applicable law.
- II. When requesting the Claimer.org software for installation on your own server, you will be asked to confirm in writing, signed by the legal representatives if applicable, the acceptance of the following conditions:
- Free license : Software and content are free provided they are used for the registration of climate damages and the following link to Claimer.org is available on each individual page based on Claimer.org software and content: "Software and content provided by Claimer.org.". The lettering of the link must be at least 1 cm high and at least at the same size as the body text of the page. The same applies to the use for the non-profit registration of other environmental damages by non-profit organisations. In both cases, users of the software have also the right to further develop the software for their own use which must be non-profit in the case of environmental damages other than climate damages. In both cases, Claimer.org intends also to authorise the use with members of associations or with daughter companies. However, the authorisation needs to be given in written form after verification of the legal relationship with the members or with the daughter companies.
- Free license : Claimer.org will not accept any liability for software and content with regard to the free license.
- Commercial license : All other forms of use are subject to a written contract. Claimer.org limits its liability for the commercial license to half the agreed and effectively paid fee.
- For both types of licences : Any use going beyond the limits above or agreed in written form is subject to compensation. Compensation will be valued at 10 percent of the registered damage plus 10 Euro for each claimant, registered damage, uploaded document or registrar. The minimum damage is 10000 Euro.
- For both types of licences : Legal or natural persons using the software are liable if they disseminate the software to third parties. They accept a contractual penalty twice as high as the damage caused to Claimer.org or the persons holding rights on behalf of Claimer.org.
- For both types of licences : Claimer.org is, for the time being, a project run by a citizens' initiative. It is intended to hand the project over to environmental or other organisations interested in climate compensation. When using the licenses mentioned above, you accept in advance that the contractual relationship might be transferred and that Claimer.org is liberated from its contractual obligations.
- For both types of licences : For any disputes in connection with the software and the content provided by Claimer.org, the law of Belgium is applicable. Brussels is the place of jurisdiction.
- For both types of licences : All clauses of this license protect equally the natural or legal persons holding rights or delivering services on behalf of Claimer.org. The liability of these natural or legal persons is, in addition, limited to 3000 Euro.
- For both types of licences : Should any of these clauses or parts of it be regarded as invalid, the remainder of the text keeps its validity.
- For both types of licences : The clause regarded as invalid shall be automatically replaced by the clause that is pursuing best the same purpose whilst still being acceptable under the applicable law.
