Last updated: Jan 12 2024
Zopeful is operated by ZOPEFUL CLIMATE LTD (Company No. 14306690), a company registered in England and Wales, with registered offices in London, UK (“ZOPEFUL”, “we” or “us”).
By accessing or using our platforms or websites (“Sites”) or the services at the Sites (“Services”) or making purchases via our Site, you are agreeing to comply with and be bound by these terms (“Terms”).
Please read these Terms carefully before you start to use our Sites or Services or before making a purchase. We recommend that you print a copy of these Terms for future reference. If you do not agree to these Terms, you must not use our Sites or Services or make a purchase.
1.1. These Terms were last updated on 12/01/2024.
1.2. By using our Sites and Services, you are agreeing to these Terms and (where applicable) representing that you are at least 18 years old. If you are under 18 years old, your legal guardian should review and agree to these terms.
1.3. ZOPEFUL reserves the right to amend or change these Terms at any time without notice. By using the Sites and Services after any changes have been posted, you agree to any new terms.
1.4. We may suspend, restrict or terminate your account, any contract entered into between us and/or your access to our Sites and Services with or without notice if we believe that you have breached these Terms.
2. TERMS OF PURCHASE
2.1. These terms apply to purchases made through our website or e-commerce platform.
2.2. Your Carbon Removal Purchase
2.2.1. Purchases made through our Site will fund carbon removal activity through our selected carbon removal partners. The carbon dioxide will be removed from the atmosphere progressively, over a period of time. While we do not specify a fixed amount of carbon dioxide to be removed each year, the total amount of carbon dioxide will be removed by the final year indicated to you at the point of purchase. For example, if in January 2024, you purchase a subscription to remove 20 kg of carbon dioxide, the total 20 kg of carbon dioxide will be completely removed by the vintage year for the appropriate carbon removal partners carbon credit. Once the removal process is complete, such carbon dioxide will be permanently removed from the atmosphere.
2.2.2. We will quantify the carbon removal that has occurred each year according to the monitoring and verification process of our partners and notify you of the progress of your carbon removal thanks to your purchase.
2.2.3. We reserve the right to (i) determine the precise timing of the carbon removal based upon availability of carbon removal credits, which may be through multiple partners and in different geographies in order to achieve the carbon removal, and (ii) change the price per kilogram of carbon whilst retaining the agreed subscription amount. In the event that the price of carbon should change, we will use our best endeavours to notify you via email.
2.2.4. We will periodically generate and pool together carbon credits from all our online customers’ purchases and retire those credits collectively on behalf of our customers. This means that you will not own, receive or be allocated carbon credits from your purchase and the carbon removed by your purchase will not constitute verifiable carbon credits that you may sell, trade onwards or use for the purposes of offsetting carbon emissions. We warrant that carbon credits arising from your purchase will not be resold to a third party.
2.2.5. Where you are making a purchase as a consumer (and not a business customer), you agree that purchases made via our Sites may only be made by you in your personal (and not commercial) capacity and may not be used for commercial purposes.
2.3. Making A Purchase, Cancellations & Refunds
2.3.1. No contract for the sale of any product or service will exist between us until we accept your order, which we will do by sending you an order confirmation email.
2.3.2. We accept payment from the payment options shown on our subscription purchase page, including Visa, Mastercard and American Express. We reserve the right to check the accuracy and validity of the payment method used, including its credit status in relation to the order value. We may refuse orders depending on the result of these checks.
2.3.3. All information that you provide when making a purchase must be accurate and up to date, including your name, email address, credit or debit card numbers and expiration dates and any other payment information. You must notify us about any changes to your details, if your payment method is cancelled or if you become aware of a potential breach of security such as the unauthorised disclosure or use of your username or password.
2.3.4. We reserve the right to change the prices of our products or services at any time without prior notice.
2.3.5. If the credit card used to pay is denominated in a currency other than British pounds sterling (GBP), US Dollars (USD) or Euros (EUR), you acknowledge that you may be charged additional administrative and/or currency conversion fees by the applicable bank or service provider, for which you will be responsible.
2.3.6. Where you have made a purchase from our Site as a consumer, you have 7 days after purchase (the “Cancellation Period”) to change your mind and cancel. Following expiry of the Cancellation Period, purchases are non-refundable and there is no right to refunds unless required by law. If you have made a purchase in error or wish to change your mind during the Cancellation Period, you can cancel by emailing us at [email protected] or replying to your purchase confirmation email This clause does not apply to purchases made by business customers.
2.3.7. If you have purchased a subscription, your subscription will automatically renew unless you cancel. You may cancel your subscription at any time using our platform. Cancelling your subscription will take effect at the end of the current subscription period and no future payments will be taken. Should you pause or cancel your subscription, you will cease funding further carbon removal activity on your behalf.
2.3.8. Please allow no less than 14 days for any refund to be processed and sent back to you. Refunds will be made via the original payment method that was used to make the purchase.
2.4. Business customers’ terms
2.4.1. This clause 2.4 applies to any business customer purchases made through our Site.
2.4.2. Our products or services are not available for purchase by businesses which do not align with our ethical framework (as determined by us in our sole discretion). We reserve the right to decline any offers from or cancel any contracts made with Prohibited Customers and, where payments have been taken, we will refund such payments accordingly.
2.4.3. Where we have accepted your purchase as a business customer, you may use any correspondence we send to you and our trademarks, name and logo (“Our Materials”) to reference your purchase, provided that (i) you agree to comply with any instructions given by us in relation to the use of Our Materials (including any amendment request made by us) and (ii) all use of Our Materials by you complies with the applicable rules and regulations relating to marketing, particularly in relation to green claims. Where you have used Our Materials in accordance with this clause, you will indemnify and hold ZOPEFUL and our affiliates harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) arising out of your use of Our Materials.
3.1.1. Subject to your compliance with these Terms and for so long as you are permitted by us to access the Site and use the Services, ZOPEFUL grants you a limited, non-transferable, non-sublicensable, non-exclusive, revocable licence to access the Site and use the Services solely for the purposes of using and receiving the Services.
3.1.2. Except as expressly permitted by these Terms, you will not copy, reproduce, modify, redistribute, sell, transfer, create derivative works from, decompile, reverse engineer, or disassemble the Site, Services or any content or materials within them, nor will you take any measures to interfere with or damage the Site or Services.
3.2.1. We try to be as accurate as possible on the Sites about the Services including pricing and any descriptions. However, while we try our best to ensure that product and services information on our website is correct, it is possible that the Sites may contain errors or inaccuracies. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change and update information at any time without prior notice.
3.3.1. We cannot guarantee that you will have uninterrupted access to the Sites and our Services at all times. While we will make every effort to avoid it, access may be disrupted from time to time due to necessary maintenance, technical issues, network and system overloads or events outside of our control.
3.3.2. The inclusion of any products or services on Sites at a particular time does not imply or warrant that these products or services will be available at any time. We reserve the right to discontinue any Services at any time.
3.3.3. While we make all reasonable attempts to exclude viruses or other code with contaminating or disruptive properties from the Sites, we cannot ensure such exclusion and no liability is accepted for viruses and any computer code/software. You are recommended to take all appropriate safeguards before downloading information from the Sites or using the Services.
3.4. External links
3.4.1. We may provide links to other websites from time to time. These links are provided for your convenience. We do not endorse or take responsibility for the content of those websites, are not responsible for the availability of those websites and will not be liable in any way for any loss or damage which you may suffer by using those websites. If you decide to access linked websites, you do so at your own risk.
3.5.1. You are prohibited from using the Services or Sites: (a) for any unlawful purpose; (b) to violate any applicable laws or regulations; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (e) to upload or transmit viruses or any other type of malicious code that will or may be used in any way to affect the functionality or operation of the Sites or Services or of any other website or service; (f) to spam, phish, pharm, pretext, spider, crawl, or scrape; (g) for any obscene or immoral purpose or (h) to interfere with or circumvent the security features of the Sites, Services or any other websites or services.
3.6.1. Any communication or material that you transmit to, or post on, any public area of the Sites including any data, questions, comments, suggestions, or the like, is, and will be treated as, non-confidential and non-proprietary information.
4. INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in our carbon removal process, the Sites and Services and all material or content supplied as part of the Sites and Services and in relation to your purchases will remain at all times vested in ZOPEFUL or our licensors. You are permitted to use these materials only as expressly authorised by us in accordance with these Terms. All rights not expressly granted by ZOPEFUL in these Terms are reserved.
5. WARRANTIES & DISCLAIMERS
5.1. Your purchases, the Sites and Services are provided on an “as is” and “as available” basis without any representation or endorsement and we make no warranties of any kind, whether express or implied, in relation to the Sites or Services, including but not limited to, implied warranties of non-infringement, compatibility, suitability, security, accuracy, conditions of completeness or any implied warranty arising from the course of dealing or usage or trade.
5.2. To the fullest extent permitted by law, we exclude all conditions, warranties, representations or other terms, which may apply to the Services, Sites or your purchases, whether express or implied. This does not affect your statutory rights as a consumer.
6. LIABILITIES & INDEMNITIES
6.1. Nothing in these Terms limits or excludes our liability for:
6.1.1. death or personal injury by our negligence;
6.1.2. fraudulent misrepresentation; or
6.1.3. any other liability that cannot be excluded by law.
6.2. Subject to clause 7.1, we will not be liable or legally responsible in any way (whether in contract, tort (including negligence) or otherwise) for:
6.2.1. any losses or damages caused by circumstances beyond our reasonable control;
6.2.2. any loss that was not caused by any breach by us;
6.2.3. any economic losses (including without limitation loss of revenues, profits, contracts, business opportunity or anticipated savings);
6.2.4. any loss of use or corruption of software or technical equipment;
6.2.5. any loss of goodwill, reputation or data; or
6.2.6. any special, indirect or consequential losses.
6.3. Any liability we do have for losses you suffer is strictly limited to any amount paid by you and the losses that were foreseeable. Loss or damage is only foreseeable where they could be contemplated by you and us at the time of you agreeing to these Terms.
6.4. You agree to indemnify and hold ZOPEFUL and our affiliates harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) arising out of your breach of these Terms or your access or use of our Sites and Services.
6.5. The limitations of liability and indemnities in these Terms apply for the benefit of ZOPEFUL, our affiliates, and all respective officers, directors, employees, agents or any company who we transfer our rights and obligations to in accordance with these terms and conditions.
7.2. If any part of these Terms is deemed to be unenforceable, the enforceability of any other part of these Terms will not be affected.
7.3. You may not assign, sub-licence or otherwise transfer your rights or obligations under these Terms to anyone else. You agree that we may assign or transfer any of our rights or obligations under these Terms without notice to you.
7.4. If we delay exercising or fail to exercise or enforce any right available to us under these Terms, such delay or failure does not constitute a waiver of that right or any other rights under these Terms.
7.5. These Terms shall be governed by and construed in accordance with English law. Any disputes shall be subject to the exclusive jurisdiction of the Courts of England and Wales.
8. HOW TO CONTACT US
8.1. If you have any feedback, questions or complaints or any requests for technical support, then please email us at [email protected]
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