Terms and conditions

Terms and conditions

1. Definitions

The term “OLIVE GAEA” refers to OLIVE GAEA FZCO and its affiliates. The term “User” or similar references to the party using the OLIVE GAEA Portal refers to you and/or the person using the OLIVE GAEA services.

2. Introduction

OLIVE GAEA is the trading name of OLIVE GAEA FZCO (hereinafter referred to as “OLIVE GAEA”). OLIVE GAEA through its Portal provides its Users (Individuals and Businesses) with an agreed volume of verified impact, as defined in the services, achieved via retiring of verified and unverified carbon credits or various other emission reduction units as made available from time to time via the services (also referred to as “Carbon Units”). Our Service may also include plantation of new saplings/trees at pre-defined project locations for our users and geo-tag the planted tree and thus generating a URL for the tree/forest. The plantation and geo-tagging service is provided by either our plantation partner Sankalp Taru Foundation India, an NGO registered under Societies Act 21, 1860 or any other plantation service provider. Our Service include recommendations and other information regarding CO2e or Green House Gases (GHGs) emission reductions. These general terms & conditions (“GTCs”) govern your use of our service. As used in these GTCs, “OLIVE GAEA service”, “our service” or “the service” means the service provided by OLIVE GAEA for providing you as a customer (User) with virtual Carbon Units, plantation and URL of trees planted including all features and functionalities, website, and user interfaces, as well as all Carbon Units acquired, and other content associated with our service. At no point in time will the underlying ownership of the actual Carbon Units, trees planted, land for the tree plantation or any fruit or produce derived from the planted trees be transferred to you or any of your account in a third party carbon registry. However in case of Business User, subject to terms and conditions specifically agreed under a separate agreement with OLIVE GAEA and accepted in writing by the CEO of OLIVE GAEA, the underlying ownership of the actual Carbon Units be transferred to you or any of your account in a third party carbon registry. OLIVE GAEA provides the service to you and may be named as the sender, and/or contracting party for invoices and similar formal correspondence and documentation with carbon credits suppliers. By signing up or otherwise using the OLIVE GAEA service, websites, and software applications, you are entering into a binding contract with OLIVE GAEA as provider of the service.

Your agreement with us includes these GTCs, Terms of Use, Privacy Policy (the GTCs, Privacy Policy, Terms of Use and any additional terms that you agree to, are referred to together as the “Agreements”). If you are using the OLIVE GAEA Portal and/or entering into the Agreements on behalf of a company, organization, entity, or brand (an Organization) the terms “you” and “your”, as used throughout the Agreement, apply to both you and the Organization, as applicable. You acknowledge (including on behalf of and as a representative of an Organization) that you have read and understood the Agreements, accept these Agreements, and agree to be bound by them. If you do not agree with (or cannot comply with) the Agreements, then you may not use the OLIVE GAEA service or acquire any virtual Carbon Units from OLIVE GAEA. The Agreements cover important information about OLIVE GAEA services provided to you including any charges, fees and taxes, we may bill you. In order to use the OLIVE GAEA Portal, you need to have the power to enter a binding contract with us and not be barred from doing so under any applicable laws. You also promise that any registration information that you submit to OLIVE GAEA is true, accurate, and complete, and you agree to keep it that way at all times.

3. OLIVE GAEA Service

When using OLIVE GAEA Portal, we grant you limited, exclusive, non-transferable access to the service and virtual Carbon Units. The virtual Carbon Units will always correspond to actual Carbon Units acquired by OLIVE GAEA that will be deleted (retired) from the relevant underlying registry as applicable and made unavailable for all or any third parties.

Also when you offset your carbon footprint with us, we plant specific number of new trees on your behalf at pre-defined project location either locally or internationally and generate a tree code (URL) by geo-tagging the tree. We shall provide the URL (virtual trees) to you for the trees planted for you. You can visit the URL and view your e-forest through your dashboard in OLIVE GAEA Portal. Except for the foregoing limited service, no right, title or interest shall be transferred to you. We continually test various aspects of our service, including our website, user interfaces and promotional features. Such testing may interfere with normal stability of our Portal but will not have any impact on the virtual Carbon Units acquired by the users or the actual Carbon Units acquired by OLIVE GAEA. You agree to use the OLIVE GAEA service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. You agree not to archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale or re-sale, or use (except as explicitly authorized in these GTCs) content and information contained on or obtained from or through the OLIVE GAEA service, unless approved in writing by OLIVE GAEA . You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content in the OLIVE GAEA service; or manipulate the content of the OLIVE GAEA service in any way. We may terminate or restrict your use of our service if you violate these GTCs or are engaged in illegal or fraudulent use of the service. Unless specifically stated by OLIVE GAEA, the origin of the actual Carbon Units may vary from time to time, and may be affected by a variety of factors, such as your location, and/or availability of Carbon Units. OLIVE GAEA reserves the right to unilaterally replace specified Carbon Units with other Carbon Units provided the replacement Carbon Units satisfies similar criteria such as price and quality. OLIVE GAEA warrants that the origin of the Carbon Units is certified and/or provided by such entities and/or the market/platforms provided by them and/or third parties not being OLIVE GAEA, and such documentation is available upon request from you to the OLIVE GAEA customer service.

Tree Plantation Service: As stated above, our plantation services are provided by either Sankalp Taru (ST), an NGO established in India or any other plantation service provider. The specific services of plantation shall be as follows:

  • ST runs the tree plantation program in association. It follows a strict due diligence process to select sites for plantation and we do a detailed scrutiny in order to select NGO partner to be responsible for carrying out the plantation in selected locations
  • ST leverage services from various environmental agencies and independent experts to select plant species
  • ST and its affiliates adopt best practices to plant trees and make best efforts to maintain trees post plantation. However, ST and/or OLIVE GAEA shall not be responsible for any harm to planted trees which may occur due to reasons beyond our control (fire, flood, earthquake, drought, diseases and land acquisition by government authorities). We also enforce fencing and protection mechanism to ensure planted trees are intact and safe however ST and/or OLIVE GAEA shall not be responsible for the harm occurring from illegal felling or grazing of trees
  • Sometimes it may be possible that we may tag already planted tree to your virtual tree. This is done only under the circumstances wherein we feel that actual plantation is not possible due to unforeseen conditions. We maintain a separate lot to meet the aforementioned eventuality. However, ST never tags trees which have already been tagged to other planters
  • As soon as a virtual tree is planted, ST arrange for plantation of the real tree at the pre-defined location. However whenever weather conditions do not allow timely plantation there might be a delay in plantation (to a maximum extent of one year) and ST will notify OLIVE GAEA about the delay that we shall inform immediately to you.
  • Wherever OLIVE GAEA customer is interested to visit plantation sites they are encouraged to do so on their own expenses
  • ST follows strict audit processes to track post plantation growth and survival of planted trees, it also plants extra number of trees (buffer trees) to minimize effect of mortality rate that might occur due to unavoidable circumstances or reasons mentioned earlier. We have implemented best technology system to track and map individual trees however there might be minor deviation due to unavailability of GPS signals at few places/under few weather conditions
  • OLIVE GAEA customers do not own trees, land or any fruit or produce derived from the trees planted

4. Arbitration Process & Rules

Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Olive Gaea Platform or this Agreement, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be first mandatorily submitted to mediation proceedings under the International Chamber of Commerce Mediation Rules (“ICC Mediation Rules”). If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under such ICC Mediation Rules, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce (“ICC Arbitration Rules”). The ICC Rules' Emergency Arbitrator provisions are excluded. The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the ICC Rules. The place of both mediation and arbitration shall be in the city in which the applicable Affiliate with which you have a Dispute has its registered office. The language of the mediation and/or arbitration shall be English. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, correspondence from and to the International Chamber of Commerce, correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.

5. Third-Party Applications

You may encounter third party applications (including, without limitation, websites, widgets, software, or other software utilities) (“Applications”) that interact with the OLIVE GAEA service. Your use of these Applications may be subject to third party terms of use or license terms.

6. Customer Support

To find more information about our service and its features or if you need assistance with your account, please visit the our website or contact us at info@olivegaea.com. In the event of any conflict between these GTCs and information provided by OLIVE GAEA representatives or other portions of our website, these GTCs will prevail.

7. Survival

If any provision or provisions of these GTCs shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

8. Electronic Communications

We will send you information relating to your use of the service (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration. As a OLIVE GAEA customer we will also send you information about OLIVE GAEA products, ongoing campaigns, subscription information, renewal reminders and other communication relevant to our services to you.

9. Warranty and disclaimer

OLIVE GAEA warrants and guarantees that the Carbon Units acquired will not under any circumstance be re-sold or in any other way made available to any third party. Also OLIVE GAEA warrants and guarantees that the plantation done for you will not under any circumstance be re-sold or in any other way made available to any third party. We endeavour to provide the best service we can, but you understand and agree that the OLIVE GAEA service is provided “as is” and “as available”, without express or implied warranty or condition of any kind, and that the use of the service is at your own risk. To the fullest extent permitted by applicable law, OLIVE GAEA and all owners of the actual Carbon Units or services make no representations and disclaim any warranties or conditions of satisfactory quality, merchantability, fitness for a particular purpose, or non-infringement, except for the cancellation (offset) of such Carbon Units. Neither OLIVE GAEA nor any owner of content warrants that the OLIVE GAEA service is free of malware or other harmful components. In addition, OLIVE GAEA makes no representation nor does it warrant, endorse, guarantee, or assume responsibility for any third party applications (or the content thereof), user content, or any other product or service advertised or offered by a third party on or through the OLIVE GAEA service or any hyperlinked website, or featured in any banner or other advertising. You understand and agree that OLIVE GAEA is not responsible or liable for any transaction between you and third party providers of third party applications or products or services advertised on or through the OLIVE GAEA service. No advice or information whether oral or in writing obtained by you from OLIVE GAEA shall create any warranty on behalf of OLIVE GAEA in this regard.

10. Limitation

You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the OLIVE GAEA service is to stop using the OLIVE GAEA service. To the fullest extent permitted by law, in no event will OLIVE GAEA , its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable for (1) any indirect, special, incidental, punitive, exemplary, or consequential damages; (2) any loss of use, data, business, or profits (whether direct or indirect), in all cases arising out of the use or inability to use the OLIVE GAEA service, third party applications, or third party application content, without regard to whether OLIVE GAEA has been warned of the possibility of those damages, or (3) aggregate liability for all claims relating to the OLIVE GAEA service, third party applications, or third party application content more than the amounts captured as fees for the services, expressly excluding the underlying cost of any Carbon Units acquired to match the virtual Carbon Units transacted, and you accept and acknowledge that the fees captured may vary from case to case. Nothing in the Agreements removes or limits OLIVE GAEA ’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence.

11. Entire Agreement

Other than as stated in this section or as explicitly agreed upon in writing between you and OLIVE GAEA , the Agreements constitute all the terms and conditions agreed upon between you and OLIVE GAEA and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.

12. Severability and waiver

Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law. Any failure by OLIVE GAEA or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive OLIVE GAEA ’s or the applicable third party beneficiary’s right to do so.

13. Class Action Waiver

WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND OLIVE GAEA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, where permitted under the applicable law, unless both you and Olive Gaea agree otherwise, the court may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding.

14. Assignment

OLIVE GAEA may assign the Agreements or any part of them, and OLIVE GAEA may delegate any of its obligations under the Agreements. You may not assign the Agreements or any part of them, nor transfer or sub-license your rights under the Agreements, to any third party.

15. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify and hold OLIVE GAEA harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: (1) your breach of this Agreement; (2) any activity in which you engage in or through the OLIVE GAEA Service; and (3) your violation of any law or the rights of a third party.

16. Payment

For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details. When purchasing Carbon Units through OLIVE GAEA , you consent to get access to OLIVE GAEA services immediately.

17. Passwords & Account Access

The Customer who created the OLIVE GAEA account and whose Payment Method is charged (the “Account Owner”) has access and control over the OLIVE GAEA account. To maintain control over the account and to prevent anyone from accessing it, the Account Owner should not reveal the password nor the Payment Method details (e.g., last four digits of their credit or debit card, or their email address if they use PayPal) associated with the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the OLIVE GAEA website and services and not through a hyperlink in an email or any other electronic communication not coming directly from OLIVE GAEA, even if it looks official. We can terminate your account or place your account on hold in order to protect you, OLIVE GAEA or our partners from identity theft or other fraudulent activity.

18. Privacy

Your customer relationship with OLIVE GAEA will be treated as a running customer relationship in order for OLIVE GAEA to provide you with the best possible service level, including access to information about previous transactions. When using OLIVE GAEA services and becoming a Customer, OLIVE GAEA will process your personal data in accordance with the OLIVE GAEA Privacy Policy.

19. Equal Opportunity Policy

Olive Gaea is committed to being an equal opportunity employer which provides a safe, inclusive and enabling work environment for its employees. It aspires to create a workplace in which employees regardless of their race, religion, ethnicity, nationality, age, gender, sexual orientation or disability will work together collaboratively in accordance with our Policy.

20. Contact

If you have any questions concerning the OLIVE GAEA service or the Agreements, please contact OLIVE GAEA by visiting our website www.olivegaea.com or contact us at info@olivegaea.com