Terms and Conditions

1. Who we are

1.1

Ecologi is a trading name of Ecologi Action Ltd (“we”, “us”, or “our”, “Ecologi”) and we are committed to protecting and respecting our planet.

1.2

Ecologi refers to our website (ecologi.com), including its subdomains and any other website and applications for mobile or tablet through which we make our Services available including any Application Program Interfaces (API).

1.3

Whenever we say “us” we mean Ecologi and whenever we say “you” then we’re referring to a “user” or “customer” of our services.

2. How to contact us

2.1

Ecologi is owned and operated by Ecologi Action Ltd, a privately owned company incorporated in England & Wales (company number 11911630) whose registered office is at Hikenield House, East Anton Court, Icknield Way, Andover, Hampshire, England, SP10 5RG.

2.2

Questions, complaints and comments regarding our Terms and Conditions, purchases or subscriptions are welcomed and should be emailed to us at hq@ecologi.com

3. Our Services – Climate Positive

3.1

Climate Positive is what we call the impact we have by way of our Services: compensating your carbon footprint (projects that remove more greenhouse gasses than your own carbon footprint puts in); funding climate projects and responsibly planting trees.

3.2

Ecologi puts in the effort to vet the best Climate Positive projects and you can find detail on the provider and certification of each and every project on our website.

3.3

Through our website ecologi.com and any (future!) iOS and Android mobile applications (we will call these, our “apps”), you can plant trees & fund the world’s climate crisis solutions.

3.4

You must be aged 16 and over to use our Services. If you’re between 16 and 17, you’ll need your parent or guardian’s permission.

3.5

To use our Services, you must create an account. We can refuse the creation of your account, or access to our Services, for any legitimate reason.

3.6

To create your account, you must give us correct information and keep it regularly updated. Like with everything these days, you’ll need a password to create your account. We know you must have a few but it’s important you keep it safe and confidential, as you’re responsible for anything that happens in your account using this password. Let us know as soon as possible if your password is lost or stolen. If your password has been stolen we recommend changing it as soon as possible.

3.7

Unless you’re using our business service, you accept that you’ll only use our Services for personal use and you’ll only make purchases on behalf of yourself. You’re also agreeing that the card you pay with is yours (i.e. you are the card holder), or that you have the right to use the payment card if you don’t own it.

3.8

You can purchase our Services with a regular subscription or as a one-time purchase, at which point you become one of our Users. We will provide our Services in accordance with any promise we have made on our website and these Terms and Conditions.

3.9

If you are using our business services then these Terms and Conditions are incorporated in your additional contract with us.

4. Gifting

4.1

We make it possible for you to buy Climate Positive gifts for your family, your friends, your clients or your staff. You can gift someone a forest if you wish!

4.2

If you purchase a gift of tree planting for someone else then we will provide you with a certificate and we leave it to you to send it to them so they can choose, without any influence from us, if they wish to sign up for their own account and help make a difference.

4.3

We offer a refer-a-friend scheme from time to time in which we will plant a number of additional trees for you and your friend at our cost or some other advantage to you both when the friend signs up for our Services. For more details please check our website at the time.

5. Content

5.1

Unless where otherwise specified or clearly recognisable, all content provided by us and available on the website is owned by us or the authors as cited.

5.2

If Users upload their own content on to the website then you acknowledge and accept that by providing your own content on Ecologi you grant us a non-exclusive, fully paid-up and royalty-free license to process such content solely for the operation and maintenance of Ecologi as contractually required.

5.3

To the extent permitted by applicable law, Users waive any moral rights in connection with content they provide to Ecologi.

5.4

Users acknowledge, accept and confirm that all content they provide through Ecologi is provided subject to the same general conditions set forth for content on Ecologi.

5.5

Users are solely liable for any content they upload, post, share, or provide through Ecologi. Users acknowledge and accept that we do not filter or moderate such content. However, we reserve the right to remove, delete, block or rectify such content at our own discretion and to, without prior notice, deny the uploading User access to Ecologi.

5.6

Through Ecologi, Users may have access to external resources provided by third parties. Users acknowledge and accept that Ecologi has no control over such resources and is therefore not responsible for their content and availability. Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.

6. Payment

6.1

All purchases are executed by our third-party payment services provider under their terms of service which will be made accessible to you prior to every purchase.

6.2

The payment methods available from our third-party payment services provider will be indicated at the time of purchase.

6.3

We do not store any of your payment card details ourselves.

7. Acceptance of Terms and Conditions

7.1

By using our Services, you’re agreeing that:

7.1.1 you’ve received these Terms and Conditions in a way that you can understand clearly;

7.1.2 you accept the most recent version fully;

7.1.3 you’re committed to paying for the Services you purchase; and

7.1.4 you understand that by accepting the T&Cs a Contract is formed.

7.2

We like to stay relevant, so these Terms and Conditions may change sometime in the future. But the version that applies to you is the one available on the website at the time you make your purchase. If you don’t agree with and accept the most recent Terms and Conditions, you’ll have to stop using our Services.

7.3

By accepting these Terms and Conditions, you’re agreeing that there’s no partnership, employment or agency relationship between us. Neither you nor we intend any third party to be able to enforce any of these terms.

8. Liability

8.1

You’ll be financially liable for all purchases made with us through your account, as well as any losses we incur if you breach the Terms and Conditions or misuse our Services. That includes situations where you deliberately allow someone else to use your account to make a purchase.

8.2

We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable nor any business losses if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen. We are also not responsible for losses that you suffer that are not related to our Services. Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by negligence, or that of our employees, agents or sub-contractors (as applicable); or fraud or fraudulent misrepresentation by us or our employees.

9. Data

9.1

By using our Services, you agree to our Privacy Policy, which is incorporated into and forms part of these Terms of Service. You should be aware that your data may be transferred, processed and stored outside of your country (including, if you are located in the European Union, outside of the European Union), and that your data may be subject to disclosure as required by applicable law.

10. Closing your account

10.1

Users can terminate their account and stop using the Service at any time by going to their profile page on the website, selecting the account settings, selecting the billing tab and (at the bottom of the page) clicking on the ‘Close my account’ button.

11. Important bits and pieces

11.1

Ending the Contract because of something we have done or are going to do

If you are ending the Contract for a reason set out at 11.1.1 to 11.1.5 below the Contract will end immediately and we will refund you in full for payments you have made affected by this. The reasons are:

11.1.1 we have told you about an upcoming change to the subscription or these terms which you do not agree to (see clause 7.2);

11.1.2 we have told you about an error in the price or description of the subscription or purchase you have ordered and you do not wish to proceed;

11.1.3 there is a risk that our ability to fulfil our projects may be significantly delayed because of events outside our control;

11.1.4 we have suspended the projects for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 14 days; or

11.1.5 you have a legal right to end the Contract because of something we have done wrong.

11.2

Exercising your right to change your mind

11.2.1 You can cancel any purchase or your subscription up to 14 days after the order is made. You don’t need to give a reason for cancelling and we will give you a refund for that payment by the same method you used to make that payment within 14 days of you telling us you wish to cancel. This complies with your legal rights under the Consumer Rights Act 2015 and Consumer Contracts Regulations 2013. For detailed information about your legal rights, please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

11.2.2 Users must send to Ecologi at hq@ecologi.com an unequivocal emailed statement of their intention to withdraw from the Contract including:

  • the date of purchase
  • the Service purchased
  • the name of the User

11.3

By using our Services, you’re telling us that you are not listed on any sanctions-related list of designated or blocked persons imposed, administered or enforced from time to time by the EU and implemented by its Member States, the United Nations Security Council, Her Majesty’s Treasury of the United Kingdom, the US government, including those administered by the US Treasury, Office of Foreign Assets Control, or any other relevant authorities with jurisdiction over you or us from time to time that would prohibit you from using our Services.

11.4

Intellectual Property. Access to our website and apps doesn’t give you any intellectual property rights relating to them, other than a right to use them in line with these Terms and Conditions. You can’t under any circumstance copy, represent, change, transmit, or publish any part of our website or app (regardless of your device) without clear written permission from us, or the companies in our group, first. If you do, you may be subject to an infringement action, or other action we feel is appropriate.

11.5

Governing Law. With the exception of sections 12 and 13 below, English law will apply to these Terms and Conditions and you may bring proceedings in the relevant courts of the part of the United Kingdom where you live, which will have exclusive jurisdiction in relation to these Terms and Conditions.

12. Customers from the European Union

12.1

Indemnification – you agree to indemnify and hold Ecologi and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees harmless from and against any claim or demand ⁠— including but not limited to lawyer’s fees and costs ⁠— made by any third party due to or in relation with any culpable use of or connection to the Services, violation of these Terms and Conditions, infringement of any third-party rights or statutory provision by the Company or its affiliates, officers, directors, agents, co-branders, partners and employees to the extent allowed by applicable law.

13. Customers from Australia

13.1

Limitation of liability

13.1.1 Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which you may have under the Competition and Consumer Act 2010 (Cth) or any similar State and Territory legislation and which cannot be excluded, restricted or modified (non-excludable right).

13.1.2 To the fullest extent permitted by law, our liability to you, including liability for a breach of a non-excludable right and liability which is not otherwise excluded under these Terms of Use, is limited, at the Company’s sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.

14. Customers from the United States of America

14.1

By exception to the terms in this document, the following terms apply to US residents buying a journey or a product on our website or our apps.

14.2

PLEASE READ THIS CONTRACT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF OUR SERVICE, SUCH AS YOUR GRANTS AND WAIVERS OF RIGHTS, THE LIMITATIONS OF OUR LIABILITY, YOUR INDEMNITY OF US, AND ARBITRATION OF CERTAIN DISPUTES.

14.3

OUR SITE, AND ALL CONTENTS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR SITE ARE PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR SITE OR THE CONTENTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. WE DO NOT WARRANT THAT YOUR USE OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT OUR SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. YOU EXPRESSLY AGREE, BY YOUR USE OF OUR SITE, THAT YOUR USE OF OUR SITE IS AT YOUR SOLE RISK, AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE.

14.4

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE AND OUR AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR DAMAGES, INJURY, CLAIM OR LIABILITY ARISING FROM OR RELATED TO YOUR USE OF, OR INABILITY TO USE, OUR SITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON, OR OTHERWISE MADE AVAILABLE TO YOU THROUGH, OUR SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT OR INDIRECT LOST PROFITS OR LOST BUSINESS DAMAGES, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD US, OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, HARMLESS FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, ARISING FROM OR RELATED TO THE PROHIBITED USES OF THIS SITE BY YOU, AND ANY OTHER BREACH OF THESE TERMS OF USE BY YOU. THE FOREGOING “DISCLAIMER, LIMITATION OF LIABILITY AND INDEMNITY” PROVISION MAY NOT APPLY TO CONSUMERS WITHIN THE STATE OF NEW JERSEY OR IN OTHER JURISDICTIONS WHERE PROHIBITED BY LAW.

14.5

IF YOU ARE DISSATISFIED WITH OUR SITE OR ANY MATERIALS ON OUR SITE, OR WITH ANY OF OUR TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR SITE.

14.6

The Federal Arbitration Act and federal arbitration law apply to this Contact.

14.7

You agree that the arbitration will be conducted by the American Arbitration Association (‘AAA’), https://www.adr.org, or 1-800-778-7879. You can contact AAA to find out more information on how to commence an arbitration proceeding. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s applicable rules. You may choose to have the arbitration conducted by phone, based on written submissions, or in person in the county where you live or at another mutually agreed-upon location.

14.8

CLASS ACTION AND JURY TRIAL WAIVERS. You and we agree to bring any dispute in arbitration on an individual basis only, and not on a class, consolidated, aggregated, representative or collective action basis. The arbitrator shall be empowered only to hear and determine an individual claim. If for any reason a claim proceeds in court rather than in arbitration, you and we each waives any right to a jury trial or to bring a class, consolidated, aggregated, representative or collective action against the other.

14.9

ARBITRATIONS AND COURT ACTIONS DIFFER. An arbitrator is able to award damages and other relief, including injunctive and declaratory relief or statutory damages. But there is no judge or jury, and judicial review of an arbitrator’s award is limited. Discovery in arbitration is also limited in accord with AAA rules. In addition, as set forth above, you are waiving any ability for an arbitrator to oversee or determine class, consolidated, aggregated, representative or collective actions.

14.10

IMPORTANT: THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, AND THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS, CONSOLIDATED, AGGREGATED, REPRESENTATIVE OR COLLECTIVE ACTION. OTHER RIGHTS AND REMEDIES THAT YOU OR BUSA WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

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