FSC Online Voting App Terms and Conditions

For the purpose of these Terms and Conditions, specific terms and abbreviations are used which shall have the meaning as defined below:

1.1    ‘Agreement’  stands for all of the following Terms and Conditions including all appendixes. All such documents form an integral part of this Agreement in relation to the use of the “FSC Online Voting App”.

1.2    ´User´ means an individual that successfully downloaded the “FSC Online Voting App” from the respective iOS or Android app stores and uses the app as intended.

1.3    ´Material´ means the data of the User, including the name(s), functional role, job title, contact ID, global system ID, organization`s name, organization`s website, department, working address, contact information, certification code, license code,  username, encrypted password, language, state of activities, chamber, sub chamber, log in times to the platform, IP address, preferences and requirements for attending FSC global events and engagements, details on user`s sessions and attendance availability on FSC global events and engagements, transaction reference numbers of payments made by the user, details of financial transactions or support requests, or any other personal notes if provided by User.

1.4     ‘FSC AC’ is a company with its registered office in Calle Margarita Maza de Juárez # 422, Col. Centro, 68000 Oaxaca, Mexico. FSC AC is an international not-for-profit membership organization established to promote environmentally appropriate, socially beneficial, economically viable and overall sustainable management of the world’s forests.

1.5    ‘FSC GD’ is the Forest Stewardship Global Development GmbH with limited liability wholly owned by FSC AC and constituted according to German Law: Bonn HRB 15990. FSC GD is operating the “FSC Online Voting App”.

1.6    ‘FSC Group’ stands for FSC AC and all of its subsidiaries.

1.7    ‘Third Party’ or ‘Third Parties’ refer to a party or to parties which is or are not explicitly named in this Agreement and are no Party thereof.

1.8    ‘Login Data’ is defined in Section 3.2 of these Terms and Conditions.

2.1.    The “FSC Online Voting App” is a web and mobile application designed for voting during the FSC International Board of Directors Election. The app allows users to view the candidates up for elections and cast their votes on each during the dedicated time only.

2.2.    Users are enabled download the “FSC Online Voting App” from the respective iOS or Android app stores.

2.3.    Users are enabled to access the “FSC Online Voting App” from their operating systems via the domain https://poll.fsc.org/

2.4.    Users are enabled cast their vote for the Board of Directs Election of the FSC International.

3.1.    Access to the “FSC Online Voting App” is only possible with a valid User login.

3.2.    For purposes of authorization, the User shall use their FSC Connect account or their existing FSC Members’ Portal credentials to login and cast their votes.

3.3.    If User have no FSC Connect account, they can use the verification code process for authentication. Upon entering their email address, Users will receive a 4-digit code via email to complete the verification process and proceed with accessing the app.

3.4.    User must immediately report to FSC any incidences of loss of control of its account or Login Data on the FSC Connect Portal.

3.5.    FSC reserves the right to deny registration and/or access requests to User and is entitled, at any time and without obligation to give reasons, to deny the right to access the password-protected area by blocking its Login Data.

3.6.    The “FSC Online Voting App” can be accessed via the domain https://poll.fsc.org/

3.7.    The mobile versions of the “FSC Online Voting App” can be downloaded from the iOS and Android stores.

4.1.    FSC is only liable under the German Telemedia Act § 7 Abs.1 TMG (“Telemediengesetz”) for any Material in the “FSC Online Voting App” which FSC has created itself. While FSC’s legal obligations to remove or block the use of infringing information remain unaffected. FSC shall only be liable from the date it receives knowledge of a specific infringement. Therefore, upon notification of relevant violations, FSC may remove such content immediately

4.2.    Subject to the limitation in Section 4.1, the “FSC Online Voting App” and any Material published on the website, is provided “as-is” and FSC shall not be liable for defects in quality, including but not limited to fitness for a specific purpose and usability. FSC shall only be liable in cases of personal injury, health damage or death, and under the German Act on Product Liability (“Produkthaftungsgesetz”).

4.3.    FSC provides the “FSC Online Voting App” to the Users free of charge.

4.4.    FSC may stop the operation of the “FSC Online Voting App” in full or in part at any time. Due to the nature of the internet and computer systems, FSC is under no obligation to ensure the continuous availability of the “FSC Online Voting App” for Users.

4.5.    Although FSC takes reasonable endeavors to keep the “FSC Online Voting App” free from viruses, spammers, DoS or phishing attacks, FSC does not warrant that it is free of such threats. The User acknowledges that, for its own protection, it should take all appropriate security measures and utilize effective security measures before using the “FSC Online Voting App”.

4.6.    The User shall indemnify and hold FSC harmless from and against any Third Party claims alleging that use of the “FSC Online Voting App” in line with these Terms and Conditions infringes any right of any Third Party and shall compensate FSC and its directors, officers, employees or subcontracting parties for any financial losses, claims, property damage, personal injuries and expenses, including attorney fees, incurred by or in connection with any such Third Party claims.

5.1.    Upon acceptance of these Terms and Conditions by using the web version or completing the download of the “FSC Online Voting App”, FSC allows the User to cast their vote for the Board of Directors Election of the FSC International.

5.2.    The User warrants, with respect to any activities or materials it has uploaded to the “FSC Online Voting App”, that: (i) it has all necessary rights to submit these materials and grants the licenses set forth herein; (ii) FSC and User will not need to obtain licenses from any Third Party or pay royalties to any Third Party with respect to use of the material; (iii) these materials do not infringe any Third Party's rights, including intellectual property rights, data protection, and privacy rights; (iv) these materials comply with these Terms and Conditions and all applicable laws.

5.3.    The User agrees that it will not upload any material comprising, featuring or otherwise including any infringing, illegal, or inappropriate material, including but not limited to materials which: (i) contain any pornographic, obscene, offensive, defamatory, or otherwise unlawful or immoral content; (ii) exploit minors; (iii) depict unlawful or violent acts;(iv) depict animal cruelty or violence towards animals; (v) promote fraudulent schemes or gives rise to a claim of deceptive advertising or unfair competition; or (vi) violates any law, statute, or regulation.

5.4.    With the limitations set in the Privacy statement or otherwise explicitly mentioned in these Terms and Conditions and accepted by the User, generally by casting the votes on the Board of Directors, the User grants to FSC an unlimited, worldwide, non-exclusive, sub-licensable, royalty-free, perpetual, transferrable and irrevocable license to any uploaded Material in any manner now or in the future known; exemptions required by law remain unaffected. These rights in particular explicitly include commercial use, the right to make the uploaded Material publicly available, to copy, to distribute, to modify, translate or otherwise amend the Material and to transfer or sublicense the rights to Third Parties, including any user downloading the Material. To the extent allowable under applicable local laws and copyright conventions, User also waive and/or agree not to assert against FSC any moral rights that User may have in the Material.

6.1.    Either Party can send a written notice of termination within two (2) weeks to terminate the account on the “FSC Online Voting App”. The FSC e-mail address for providing the notice is connect@fsc.org.

6.2.    The license granted to FSC under Section 5.4 remains perpetual; exemptions required by law remain unaffected.

7.1.    If any provision of these Terms of Conditions is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall remain enforceable.

7.2.    These Terms and Conditions - and all disputes relating to or in connection with these Terms and Conditions or their subject matter - shall be enforced under, subject to and governed by the laws of Germany.

7.3.    The application of the United Nations Convention on Contracts for the International Sales of Goods (CISG) of 11 April 1980 is excluded.

7.4.    Where the User is a merchant within the meaning of the German Commercial Code (“Handelsgesetzbuch”), the exclusive place of jurisdiction shall be Bonn, Germany.

7.5.    Considering the international nature of the FSC Group and the purpose and scope of this “FSC Online Voting App”, both Parties have chosen the English language for these Terms and Conditions. Notwithstanding the foresaid, in case of usage of technical or legal terms in German language the Parties agree that these shall have the meaning under and shall be interpreted exclusively in accordance with German law and language; the English translation of terms shall be for ease of reference only.

7.6.    FSC have the right to unilaterally change the content of these Terms and Conditions, insofar as these changes are only made for compelling reasons, including new technical developments, new case law or legislation, or other relevant events, provided such changes are reasonable. FSC will send an e-mail notification to the User regarding any changes to the Terms and Conditions. The change becomes an integral part of these Terms and Conditions unless the User terminates this Agreement with FSC GD in writing within six (6) weeks after receiving notice.

E-mail: connect@fsc.org

Forest Stewardship Council A.C.

Calle Margarita Maza de Juárez 422, Centro, 68000 Oaxaca, México

Phone: 0052 951 502 6533

Fax: 0052 951 502 6594

Public Registry of Property and Commerce: Oaxaca · Mexico, Registration No. 38602

FSC Global Development GmbH,

Adenauerallee 134, 53113 Bonn (Germany)

Phone: 0049 (0) 228 36766 0

Fax: 0049 (0) 228 36766 30

Managing Director: Kim Bering Becker Carstensen

Commercial register: Bonn HRB 15990