Climate Change Institute Terms and Conditions
The facility at www.climatechangeinstitute.net is operated by the Climate Change Institute which is an Australian registered company and business name. Australian Business Number (ABN): 17131065051, 33 Bethlehem St, Cringila NSW 2502 Australia, mail@climatechangeinstitute.net. Throughout the site, the terms “we”, “us” and “our” refer to Climate Change Institute. Climate Change Institute offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions. Any new features or tools which are added to the current site shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
General Conditions
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Accuracy, Completeness And Timeliness Of Information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Modifications To The Service And Prices: Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Products or Services
Certain products or services may be made available. These could be for the provision of Carbon Offsets or a monthly subscription plan. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. Monies that are given in the form of donations that are given to the Climate Change Institute are to be used at their discretion. Carbon credits cannot be returned for any reason and any information that you supply which is entered into the appropriate carbon registry cannot be amended. A monthly subscription plan can be cancelled by You at any time by notifying us within 30 days, but once a monthly fee has been deducted you cannot get a refund. You subscription will run to the end of the period and then be cancelled and no further subscription fees will be levied, but you must give us three (3) days notice.
We have made every effort to display as accurately as possible the attributes of items that are offered for exchange. We do not guarantee that information supplied by various authorities, such as the UNCDM or Gold Standard Registry, is accurate and it is a condition of sale that you rely on them for the administration of their carbon reduction projects and the carbon credits that are certified by them. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Accuracy Of Billing And Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
Software Tools
We may provide you with access to third-party apps such as footprint calculation tools, such as those from the EPA, over which we neither have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.
Third-Party Links
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
User Comments, Feedback And Other Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Personal and company information
Your submission of personal information through the store is governed by our Privacy Policy. Errors, Inaccuracies And Omissions: Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Prohibited Uses
In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Disclaimer Of Warranties; Limitation Of Liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
The organization provides greenhouse gas (GHG) emissions tutorials and calculators to provide businesses and the general public with assistance in estimating GHG emissions. However, CARBON OFFSET SALES makes no representations as to the accuracy, completeness, suitability or validity of any of his information or Resources and will not be liable for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use. Use of this Resources and reliance upon the content in or linked to it is solely at the user’s own risk and should be not used for formal certification purposes. It is a condition of use that you agree that under no circumstances shall the Climate Change Institute be liable for any loss, damage, liability or expense incurred or suffered that is claimed to have resulted from the use of this information and resources, its data or its methodology, or from the conduct of any user. The emission factors used in the resources are sourced from references that may not be applicable to all geographic locations. The user is encouraged to use more suitable emission factors when they are available and to customize the resources for their industry.
In no case shall Climate Change Institute, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Indemnification
You agree to indemnify, defend and hold harmless Climate Change Institute and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Severability
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions). Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
Governing Law
These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New South Wales, Australia.
Changes To Terms and Conditions: You can review the most current version of the Terms and Conditions at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
Use of Labels and Merchandising
The Climate Change Institute is willing to grant you a license to use Climate Change Institute’s Labels as applicable and including content as specified by Climate Change Institute from time to time. Current versions of which is set forth on the website and made part of this Agreement.
In consideration for purchasing carbon offset certificates from the Institute, or subscribing to a Carbon Offset Plan, or paying license fees or other conditions that we may set forth, you are granted you a non-exclusive, royalty free, license to use the Climate Friendly Company label and name in your company’s advertising, literature, and anywhere you may see fit solely in connection with the marketing your goods and services as legitimately sponsoring carbon neutral projects by acquiring carbon credit certificates.
The license granted by this Agreement shall commence on the date the purchase was made (the “Effective Date”), and continue for the duration of the validity of the said carbon offset certificates that have been purchased, which shall be 12 months unless deemed otherwise, until terminated as provided below. The Climate Change Institute may stipulate a minimum amount of offsets per year that must be purchased before you are granted the rights to use the Label.
You agree to comply with the following, which are conditions of the license granted by this Agreement: You may only use the carbon neutral label and name of the Climate Change Institute name in strict conformity with the standards and conditions as provided by Climate Change Institute or as set forth on their web site or at such other Internet location on the World Wide Web as we may notify you. You acknowledge and agree that it is your responsibility to remain informed about, and to immediately comply with, any changes we may make in the Climate Change Institute GHG Accounting Standards and practices that may affect your use of the label(s).
You may not assign the license granted by this Agreement. Nothing in this Agreement grants you, or authorizes you to grant to any other person, firm or corporation, any right to use the Carbon neutral label and names in any way or by any means or manner.
Trademarks and Copyright:
A. As between CLIMATE CHANGE INSTITUTE and You, You acknowledge CLIMATE CHANGE INSTITUTE’s exclusive right, title, and interest in and to the trademark rights in The Carbon neutral label and names. You agree that You shall not acquire any right of any kind in The Carbon neutral label and names as a result of your use of it, and You agree that all such uses shall inure to the benefit of CLIMATE CHANGE INSTITUTE.
B. You agree that you shall not: (i) use the label and names in any manner likely to diminish its integrity and value; (ii) knowingly use any name, label and name or icon likely to cause confusion with The Carbon neutral label and names (iii) make any representation to the effect that the label and names is owned by you rather than by CLIMATE CHANGE INSTITUTE; (iv) challenge either the validity or CLIMATE CHANGE INSTITUTE’s ownership of any trademark rights which incorporate The Carbon neutral label and names or (v) attempt to register, register or own in any country: a) The Carbon neutral label and names; b) any domain name incorporating in whole or in part the label and names or c) any name, domain name, keyword or mark confusingly similar to The Carbon neutral label and names.
C. As between CLIMATE CHANGE INSTITUTE and You, You acknowledge CLIMATE CHANGE INSTITUTE’s exclusive right, title and interest in and to the copyright in the label and names, and You agree that You will not contest or assist another in contesting that copyright or CLIMATE CHANGE INSTITUTE’s ownership of it.
D. All materials, if any, provided by CLIMATE CHANGE INSTITUTE to You under this Agreement, and all proprietary rights in and to all such materials shall remain the sole and exclusive property of CLIMATE CHANGE INSTITUTE, subject only to the non-exclusive rights granted to You under this Agreement.
E. Upon request, You shall furnish to CLIMATE CHANGE INSTITUTE, without charge, samples of materials which feature the label and names or the Climate Change Institute name. CLIMATE CHANGE INSTITUTE shall have the right of approval over such items by giving written notice to You, within twenty (20) days of receipt of the samples, of such reasonable changes or corrections as may be necessary to comply with CLIMATE CHANGE INSTITUTE’s reasonable quality concerns. You shall make and incorporate said changes or corrections. CLIMATE CHANGE INSTITUTE’s failure, following receipt of samples, to give notice of any such changes or corrections shall be deemed by You to constitute approval by CLIMATE CHANGE INSTITUTE
F. If CLIMATE CHANGE INSTITUTE, in its sole discretion, determines that any materials used, sold, distributed or offered for sale or distribution by You under this Agreement are unsatisfactory to CLIMATE CHANGE INSTITUTE, either based on the quality of the materials themselves or the depiction of The Carbon neutral label and names on the materials, then CLIMATE CHANGE INSTITUTE shall so notify You in writing. Upon receipt of such notification, You shall have thirty (30) days to implement such reasonable changes, as CLIMATE CHANGE INSTITUTE shall suggest, ensuring that the materials are satisfactory to CLIMATE CHANGE INSTITUTE.
Representations and Warranties: You hereby represent and warrant to CLIMATE CHANGE INSTITUTE that You (a) have the right, power and authority to enter into this Agreement and to perform Your obligations as set forth herein; (b) are under no obligation or restriction that does or would interfere or conflict with your obligations under this Agreement, nor will You assume any such obligations or restrictions during the term hereof; and (c) the information provided by You in connection with this Agreement is true, correct and complete.
Disclaimer and Warranties: CLIMATE CHANGE INSTITUTEDISCLAIMS ANY AND ALL WARRANTIES THAT MAY BE EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO ANY LABEL AND NAMES OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES AGAINST INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, AND AGAINST ALL CLAIMS AND LIABILITIES ARISING OUT OF YOUR USE OF THE CARBON NEUTRAL LABEL AND NAMES.
Limitation of Liability: IN NO EVENT SHALL CLIMATE CHANGE INSTITUTE BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, SAVINGS, DATA OR USE, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE OR STRICT LIABILITY), ARISING OUT OF THIS AGREEMENT. BOTH PARTIES ACKNOWLEDGE AND AGREE THAT THE LACK OF A REQUIREMENT OF ANY MONETARY PAYMENT HEREUNDER IS BASED IN PART UPON THESE LIMITATIONS, AND FURTHER AGREE THAT THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Without limiting the foregoing, CLIMATE CHANGE INSTITUTE shall have no responsibility for any monetary damages under any contract, tort or other legal or equitable theory, regardless of the form of the action. Such limit shall apply whether or not CLIMATE CHANGE INSTITUTE has been advised of the possibility of such damages.
Indemnity: You shall indemnify, defend and hold harmless CLIMATE CHANGE INSTITUTE, its affiliates, and their respective officers, directors, members, employees and agents from and against any claims, actions, suits or proceedings, as well as any and all claims, actions, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) any misrepresentation or breach of your representations and warranties set forth in this Agreement; and (b) any non-compliance by You with any agreements or undertakings contained in or made pursuant to this Agreement.
Termination:
A. CLIMATE CHANGE INSTITUTE may, in its sole discretion, terminate this Agreement or modify your license to use the label and names at any time upon written notice to You. Upon termination of this Agreement, You shall immediately cease any and all use of the label and names or any trademarks confusingly similar to the label and names.
B. You may terminate this Agreement at any time upon thirty (30) days prior written notice to CLIMATE CHANGE INSTITUTE.
C. Unless renewed by mutual agreement of the Parties, this Agreement shall expire one year from the Effective Date.
D. The provisions of this agreement shall survive termination of this Agreement.
Any notice required or permitted by this Agreement shall be in writing and shall be deemed sufficient upon receipt by the other party, when delivered by certified or registered mail, return receipt requested, by commercial overnight delivery service, or by personal delivery to the address of such party as set forth above or to any subsequent address designated by either party, on notice to the other pursuant hereto, for the purpose of receiving notices under this Agreement.
Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of New South Wales, without regard to the conflicts of laws provisions thereof. The parties hereby submit to the exclusive jurisdiction of the federal and state courts located in New South Wales, Australia, and any action or suit under this Agreement shall only be brought by the parties with appropriate jurisdiction over the subject matter.
Amendment: CLIMATE CHANGE INSTITUTE reserves the right in its sole discretion to amend this Agreement from time to time and you shall abide by any new conditions set forth.
Miscellaneous: This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersede all oral or written agreements and understandings made and entered into by the parties prior to the Effective Date hereof. You may not assign this Agreement in whole or in part without the prior written consent of CLIMATE CHANGE INSTITUTE, and any purported assignment in violation of these provisions shall be null and void. Subject to the foregoing limitation, this Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, personal representatives, successors and assigns. If any provision of this Agreement shall be held by a court of competent jurisdiction to be void or unenforceable, the remaining provisions shall remain in full force and effect. No waiver by either party of any breach of any provision of this Agreement shall constitute a waiver of any concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by the waiving party. This Agreement shall not be construed or deemed to create any partnership, joint venture, agency, franchise or other form of agreement or relationship between the parties other than as expressly set forth herein.