Standard Terms and Conditions for provision of GreenPower and Carbon Offset Services
by Australian CO2 Exchange Pty Limited ABN 74 125 100 067,
trading as Ark Climate (“we/us/our/Ark Climate”)
Background
Our standard terms set out the terms and conditions that govern how we provide to you our Service.
The GreenPower Service comprises:
1. The provision of GreenPower which we purchase from generators on your behalf; and
2. The surrender of Renewable Energy Certificates to the Office of Renewable Energy Regulator within the regulated time-frames on your behalf, and
3. Our compliance with the audit requirements of the GreenPower Authority including the acquittal of GreenPower Rights.
The Carbon Offset Service comprises:
1. The purchase of accredited carbon credits on your behalf: and
2. Acquittal of the same accredited carbon credits to the relevant authority on your behalf ; and
3. Compliance with the requirements of the external assurance auditor as nominated on the Ark Climate website.
The Service referred to in this Agreement means either the GreenPower Service and/or and Carbon
Offset Service, whichever service that you have chosen to purchase.
1.
Provision of the Service
You have engaged us to provide to you our Service. The Service will commence from the date that you elect to purchase GreenPower and/or Carbon Offsets from us on the terms and conditions set out in this Agreement and we process your payment for the Service. From this date all rights and obligations created in these terms and conditions will become operative.
1.1 You have engaged us to provide to you our Service. The Service will commence from the date that you elect to purchase GreenPower and/or Carbon Offsets from us on the terms and conditions set out in this Agreement and we process your payment for the Service. From this date all rights and obligations created in these terms and conditions will become operative.
2.
Use of the Service
You have engaged us to provide to you our Service. The Service will commence from the date that you elect to purchase GreenPower and/or Carbon Offsets from us on the terms and conditions set out in this Agreement and we process your payment for the Service. From this date all rights and obligations created in these terms and conditions will become operative.
2.1 You agree to comply with all directions relating to the access and use of the Service as notified by us to you on the Ark Climate web site from time to time.
2.2 You agree that you will not access, nor permit any other party to access the Ark Climate web site or use the Service for any purpose or activity of an illegal, fraudulent or defamatory nature.
2.3 If you elect to become an Ark Climate member, you agree that you are responsible for maintaining the secrecy and confidentiality of all identification and log-in information required by you to access the Service.
3.
Withdrawal of Access
3.1 We reserve the right, immediately and without notice to you, to withdraw your access to the Service if, in our opinion: you misuse the Service, you fail to comply with your obligations as to the use and access of the Service or you fail to comply with any provision of this Agreement including the payment of any fees.
4.
Intellectual Property Rights
4.1 In this Agreement “Content” means information in any form published on our Ark Climate web site by us or any third party with our consent.
4.2 Title, ownership rights and intellectual property rights in the Content whether provided by us or by any other Content provider shall remain the sole property of us and/or any other Content provider.
4.3 You may not copy, modify, publish, transmit, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in this Agreement.
4.4 You may download or copy the Content only for your own personal use, provided that you maintain all copyright and other notices contained in such Content. You may not store electronically any significant portion of any Content.
4.5 In addition to any other remedy available under the law, you indemnify and agree to keep indemnified us, our servants and agents against all loss, damage, costs and expenses arising as a result of your breach of our intellectual property rights in the Content, or a third party's breach of our intellectual property rights in the Content where the third party's breach was through the use of the Service which is provided for you.
5.
Payment of Fees and Refund Policy
5.1 You are required to make all payments to us for our provision of the Service to you by using the payment service provided by SecurePay Pty Ltd ABN 92 088 101 875 and the National Australia Bank Limited ABN 12 004 044 937 via a link on the Ark Climate web site
5.2 You are responsible to review your purchase and payment summary on the Ark Climate web site prior to accepting your purchase transaction. Once you accept that your purchase transaction is correct and payment is made, your purchase transaction is deemed to be completed. You are not entitled to any refund on completion of a purchase.
6.
GST
There is a Goods and Services Tax (“GST”) payable for our supply of the Service that is imposed by the A New Tax System (Goods and Services Tax) Act 1999 (Cth). GST is included in the prices quoted to you on the Ark Climate web site.
7.
Confidentiality
7.1 In relation to any confidential information you disclose to us, we will:
(a) take all reasonable steps to ensure that the information is protected from misuse, unauthorised access, modification or disclosure; and
(a) ensure that access to the information is limited to those of our employees and contractors who are required to access that information for the purposes of us providing the Service to you.
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