1. Background to this agreement
1.1. This Website is provided by Climakind Pty Ltd (hereinafter called “Climakind” “We”, "Us", or "Our"). The aim of Climakind is to purchase and cancel carbon emission credits in order to reduce carbon emissions and help stop damaging climate change. Access and use of this Website by You (the person reading these terms and conditions on their own behalf or on behalf of an organisation hereinafter called “You” and referred to as “Your”) and all calculations (implied or explicit), features and functionality therein constitutes Your agreement to the terms and conditions (also referred to as the “Agreement”) shown below, which may be subject to change from time to time. If You do not agree with these terms and conditions then You are not authorised to use the Climakind Website (hereinafter called “Website”).
1.2 The three points defined below comprise the Services (hereinafter called “Services”) offered by Climakind: (a) A key role of Climakind is to purchase and cancel carbon emission credits on behalf of a Climakind Member (hereinafter called “Member”). A Member means a person or organisation that has joined or is in the process of joining Climakind; (b) Climakind offers Members the use and benefits of the Member Lounge and the functionality provided therein. The Member Lounge includes the features only available to You once You become a Member; (c) Climakind also offers tips on reducing carbon emissions.
2. Climakind Membership
2.1. Through the Website You can become a Member of Climakind. You become a Member from the first time You make a payment to purchase and cancel carbon credits through Climakind. There is no time limit on the validity of Your Membership.
2.2. Climakind membership includes but is not limited to use and benefits of the Member lounge. Your Member Account Details allow You to choose the information You display for public viewing which includes but is not limited to the Climakind Who’s Who tables and therein the Member Profile.
2.3. Information provided and entered by Members is the property of Climakind. The accuracy of information entered by Members is the Member’s responsibility. Climakind reserves the right to modify any data entered by Members if Climakind considers it to be inappropriate.
2.4. The Member Status specifies the levels of membership as Bronze, Silver or Gold. Your current Member Status is based on the total amount of carbon credits You have purchased (and cancelled) in the past 12 months. The minimum amount of carbon credits for a Member Status depends on the Member Type. The Member Types are defined as, but not limited to, Individuals, Families (0-1 kids), Families (2-3 kids), Families (4+ kids), and organisations, which include Businesses, Governments, and Community Groups. Climakind reserves the right to change the method by which a Member Status is determined and holds no liability for these changes to existing or future Members.
2.5 Climakind reserves the right to suspend or cancel a Member Account if Climakind considers the Member’s behaviour to be inappropriate.
3. Purchase agreement
3.1. Climakind offers You the ability to buy carbon emission credits and have them cancelled. A carbon emission credit is a right to emit one tonne of greenhouse gas. By participating in a Climakind purchase You are entering into an agreement with Climakind to purchase and cancel the amount of carbon emissions You have selected, entered or calculated on the Website. Climakind will endeavor to purchase, or have purchased carbon credits equal to this amount of carbon emissions subject to any large fluctuations in the price of carbon credits as a result of factors beyond the control of Climakind such as movements in currency markets or carbon credit market prices.
3.2. You understand that by entering into this Agreement, You are delivering a purchase order to Climakind and Your payment account will be charged for the amount of the purchase. Depending on the chosen method of payment, Your credit card, PayPal account or bank account will be charged for the amount of the purchase.
3.3. All amounts payable under the terms of this Agreement are inclusive of GST where and as appropriate. GST means Goods and Services Tax within the meaning of the GST Act. The GST Act means “A New Tax System (Goods and Services) Act 1999” (as amended).
3.4. Climakind can remit (You can pay) in the following currencies, AUD, EUR, GBP, USD and NZD. A default currency has been chosen by Climakind for each country, the default can be changed during the process of purchasing the carbon credits. You take full responsibility for selecting the currency or accepting the default currency.
3.5. Upon receipt of payment, Climakind undertakes to cancel the amount of carbon emission credits You have specified subject to this Agreement. Climakind purchases and cancels carbon emission credits from the European Emissions Trading Scheme (EU ETS) (the “Market”). Climakind reserves the right to use other carbon emission credit schemes if they are considered to be appropriate and meet the minimum requirements of a Climakind carbon emissions credit. Climakind reserves the right to choose the timing of the purchase of carbon credits. The carbon credits may have already been purchased by Climakind in anticipation of a Member’s participation and may have been cancelled in advance. Climakind can choose to wait until a minimum sum of Member participation has been attained before making a purchase of carbon emission credits.
3.6. Your payment includes, but is not limited to, the cost of the carbon emission credit, all costs of transactions between You and Climakind, all costs of transactions between Climakind and the order routing provider, all costs of transactions between Climakind and the carbon credit market provider, any taxes (as required), and a fee for the provision of the Services.
3.7. The cancelled carbon emission credits cannot be returned to the market or on-sold as valid carbon emission credits. They are no longer tradable once they have been cancelled.
3.8. You will receive a non-transferable Climakind Cancelled Carbon Emissions Certificate (Climakind Certificate) showing the total carbon emission credits purchased and cancelled in the current purchase, the total amount of carbon emission credits You have purchased and cancelled in the past 12 months, and Your current Member status.
4. Carbon Emission Calculations
4.1. Climakind has provided fixed amounts of minimum carbon emissions to cancel for certain Member Type’s Member Status. These fixed amounts are based on calculations made by Climakind. An organisation's (Business, Government or Community Group) Member Type’s Member Status is based on the information entered.
4.2. Where a calculator is made available Climakind has endeavored to use the best available information for this calculation and it is made available by Climakind only “as is” and used to determine an appropriate amount of carbon dioxide in order to determine the minimum carbon emission credits to purchase for each Member Status (Bronze, Silver, Gold).
4.3 Where it is possible to enter Your actual known annual carbon emissions, the annual carbon emissions are used to determine an appropriate amount of carbon dioxide to determine the minimum carbon emission credits to purchase for each Member status (Bronze, Silver, and Gold).
4.3. The calculations are the subject of a regular review to ensure they remain current and may be modified to include any new information such as updated carbon emissions factors. If this information changes, Climakind holds no liability to purchase any further carbon emission credits from previous transactions.
4.4. Climakind cannot be held responsible for any mistakes made by You in entering information to calculate Your annual carbon emissions, or entering Your annual carbon emissions, or entering and selecting an amount of carbon credits to purchase and cancel. Climakind cannot be held responsible for the accuracy of the data You enter.
5. Your obligations
5.1. You must not (a) use the features of the Member lounge in a way We consider inappropriate or harmful to others; (b) impersonate another person (c) use Climakind to promote illegal, unlawful or fraudulent activity; (d) use the site maliciously.
5.2. You are obliged to be honest in the information You provide to Climakind. You must provide up-to-date and accurate contact and other information that may be required as part of the joining process and for continued use of the Website.
5.3. A breach of these obligations gives Climakind the right to edit or remove information You have entered, or to cancel Your Member account.
6.1. You must promptly notify Us of any actual or suspected breach of security related to the Website, including, but not limited to, unauthorised use of Your password or account.
6.2. You are responsible for the security of Your password, log-in or access details or other security measures. You are responsible for all electronic communications and other information entered through or under user IDs, passwords, access numbers or account numbers. You must not disclose any security measures to any other person and must keep those details confidential.
7. Limitation of liability and disclaimer
7.1. The information and materials contained in this Website are provided for the user’s general information and are provided “as is” without any express or implied warranty of any kind, including warranties of merchantability, non-infringement of intellectual property, or fitness for any particular purpose.
7.2. To the extent permissible by law We exclude any liability (a) for any failure of performance, error, omission, interruption, deletion, defect or delay in transmission or operation; or (b) for any injury, loss or damage arising out of provision of the Website; (c) for any loss of a Member’s data, including but not limited to the history of purchases, Member Profile, Member Account Details.
7.3. To the fullest extent permissible at law, Climakind is not liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in anyway connected with the provision of or failure to provide the Website or otherwise arising out of the Website, whether based on contract, negligence, strict liability or otherwise, even if Climakind has been advised of the possibility of damages.
7.4. You expressly agree that use of the Website is at Your own risk. To the extent allowed by law, Our liability for breach of a term implied into this Agreement by any law is excluded.
7.5. We give no warranty in relation to the Service provided or supplied. Under no circumstance is Climakind or any of Our carriers or suppliers liable or responsible in any way to You or any other person for any loss, damages, costs, expenses or other claims (including consequential damages and loss of profits or loss of revenues), as a result, direct or indirect of any defect, deficiency or discrepancy in the Service including its form, content and timeliness of delivery, including, without limitation, for and in relation to any of the following: (a) any delay in supply of the Service;(c) any failure to supply the Service;(d) any technical or non-technical failure; or (e) any content or information accessed via the Service with or without Your authorisation.
7.6. The Australian Trade Practices Act 1974 and certain State and Territory legislation may imply certain conditions and warranties into the Agreement. To the extent permitted by law those conditions or warranties are expressly excluded. Where they cannot be excluded, Our liability (if any) arising from the breach of those conditions and warranties is limited, in Our sole discretion, to the supply of the Service again or cost of re-supplying the Service again.
7.7. Although considerable care has been taken in preparing and maintaining the information and materials contained on this Website, they are provided on an “as is” basis, without warranty of any kind, either express or implied, with respect to the accuracy or completeness of the information. This Website may contain bugs, errors or other problems, although Climakind has taken steps to avoid such problems. Unless otherwise indicated, all information posted on this Website is current only as of the date of the document that contains the information, if indicated, or the date on which the document is posted, whichever is earlier. Climakind may at any time make changes to the information at this Website without prior notice.
7.8. The materials appearing on this Website could include technical, typographical or photographic errors. Climakind does not warrant that any of the materials on this Website are accurate, complete or current. Climakind reserves the right in its sole discretion to edit or delete any documents, information or other content appearing on this Website without notice.
7.9. In this Website, Climakind has provided links and references to several other Websites. Climakind has no control over information at Websites hyperlinked or referred to in this Website. These links and references are being provided for the convenience of the users of this Website and Climakind does not endorse and is not responsible or liable for the content, nature or reliability of any linked or referenced Website or any link contained in a linked or referenced Website. Climakind takes no responsibility for monitoring, updating, supplementing or correcting any information on any linked or referenced Website and makes no representation or warranties regarding such information. Please be aware that in linking or going to these outside Websites, You are leaving the Climakind Website and that Climakind is not responsible for the content of any other Website.
8.1 While not refusing to accept ideas from You regarding information available on the Website, Climakind does not encourage You to make such comments. If You do send such comments, You acknowledge that: (a) they will not be considered confidential or proprietary; (b) Climakind is under no obligation to keep such information confidential; (c) Climakind will have an unrestricted, irrevocable, world-wide, royalty free right to use, communicate, reproduce, publish, display, distribute and exploit such comments in any manner it chooses.
9. Notices and dispute resolution
9.1. All questions or disputes relating to the Website including this Agreement (hereinafter called “Notices”) should be submitted to Climakind in writing. It is acceptable to use the Contact Us to send Your Notice in writing. All communication must be in the English language.
10. Governing law and arbitration
10.1. The law in New South Wales, Australia governs this Agreement. Accepting this Agreement indicates submission to the exclusive jurisdiction of the courts in New South Wales.
10.2. Failure or delay by Climakind to exercise a power or right, or enforce any of the terms of this Agreement does not operate as a waiver of that power or right, or affect or restrict Climakind’s powers or rights under the Agreement.
10.3. All interpretations of the terms used in the Website shall be at the sole discretion of Climakind.
11. Privacy Statement
11.1. The personal data Climakind collects on this site may be processed for purposes including the following. (a) compliance with any requirement of law, regulation, associations, or good practice, anywhere in the world. (b) confirming and verifying an individual’s identity (this may involve the use of a credit reference agency or other third parties acting as Our agents) and to conduct due diligence. Climakind may also screen against publicly available government and/or law enforcement agency sanctions lists. (c) the detection, investigation and prevention of fraud and other crimes or malpractice. (d) for the purpose of, or in connection with, any legal proceedings (including prospective legal proceedings), for obtaining legal advice or for establishing, exercising or defending legal rights (e) for calculating aggregate trends and analysing aggregate participation (to be shown in charts and used in reports).
11.2. The personal data may be disclosed: (a) to any partner auditors, service providers, regulators, governmental or law enforcement agencies or any person We reasonably think necessary for the processing purposes outlined above; (b) to actual or potential purchasers of parts of Our business, and their respective advisers and insurers, and in relation to the transfer of Our contractual rights and/or obligations; (c) if We or any person to whom We disclose personal data otherwise has a right or duty to disclose the personal data, or is allowed or compelled by law to do so. For example, financial institutions and payments and messaging service providers may from time to time be required, under subpoena or otherwise, to provide certain transaction information to authorities or other official bodies, whether located in the Australia or overseas, to assist in the prevention of terrorism, money laundering and other crimes.
11.3. Climakind operates globally and therefore personal data may be processed and disclosed as described above in any country in which We conduct business or have a service provider. This may include some countries that do not provide statutory protection for personal data.
11.4. Climakind may contact individuals by e-mail to provide the Climakind newsletter (referred to as the Progress Report) unless an indication has been given otherwise by unchecking the appropriate box when joining, or in the Member Account Details in the Member Lounge.
11.5. To the extent permitted by applicable law, We may record and monitor electronic communications to ensure compliance with Our legal and regulatory obligations and internal policies and for the purposes outlined above.
11.6. As is the case with most websites, We collect and store certain information automatically. This information includes internet protocol addresses, browser type, internet service provider, referring/exit pages and date/time stamp. This information may be used to analyze trends, to administer the site, to track movements around the site and to gather demographic information about Our Website traffic as a whole.
11.7. This privacy statement may change from time to time.