Terms and Conditions
Introduction
Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Tick Green's relationship with you in relation to this website.
Definitions
The term "Tick Green" or "us" or "we" refers to the owner of the website whose registered office is Suite 4, Level 1, 5a Carlton Street Manly NSW 2095 Australia. The term "you" refers to the user or viewer of our website.
General Terms
The use of this website is subject to the following terms of use:
- The content of the pages of this website is for your general information and use only. It is subject to change without notice.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
- Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
- From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- Your use of this website and any dispute arising out of such use of the website is subject to the laws of Australia.
Carbon Products
- You acknowledge and agree that the parties must comply with all requirements (statutory or otherwise) of any applicable Certificate Scheme;
- You acknowledge and agree that you must at all times authorise us and consent to us taking all steps necessary to comply with all requirements (statutory or otherwise) of any applicable Certificate Scheme, including, without limitation, the transfer of Carbon Products to or from you or providing information to the administrators of any applicable Certificate Scheme required to effect the transfer of the Certificates to or from you;
- You acknowledge and agree that failure by you to provide us with the requisite consents and authorisation will result in delays to transfer and/or inability to transfer the Carbon Products to you;
- You acknowledge and agree that any errors by the Certificate Provider may result in delays and/or the inability to transfer the Carbon Products to you, and if this occurs we will not be liable for such delays and/or inability to transfer.
- You hereby expressly and unconditionally give us your consent to, and authorise us to, act on your behalf as your agent solely to:
- register you, if required, under any applicable Certificate Scheme as necessary to effect the transfer of the Carbon Product from us to you;
- transfer the Carbon Product from us to you; and
- transfer the Carbon Product from you to us in the event that your payment is not successful or in the event that you request a refund
Refunds
- We will refund the Total paid to us in relation to any Carbon Product in full provided you request a refund within 7 days of the date that you are notified that the Carbon Product (your tickgreen.com badge) ordered has been successfully transferred to you.
- After 7 days of the date that you are notified that the Carbon Product ordered has been successfully transferred to you, you may offer to sell the Carbon Product back to us, but we are under no obligation to buy that Carbon Product back.
- If you request a refund your tickgreen.com badge becomes invalid and any code that we have provided to you will cease to operate.
Liability
- We make no express warranties or representations under this Agreement, except those expressly set out in this Agreement.
- We do not exclude or limit the application of any provision of any legislation (including the Trade Practices Act 1974 (Commonwealth of Australia)) where to do so would contravene that legislation or cause any part of this clause to be void. Subject to this:
- we exclude from this Agreement all conditions, warranties and terms implied by legislation or general law or custom except any implied condition or warranty the exclusion of which would contravene any legislation or cause this clause to be void ("Non Excludable Condition");
- we exclude all liability to you in respect of any loss or damage (including consequential loss or damage) which may be suffered or incurred or which may arise directly or indirectly in respect of goods supplied pursuant to this Agreement or in respect of a failure or omission on the part of us to comply with our obligations under this Agreement (including when acting as your agent for the purposes of this Agreement); and
- our liability to you for breach of any express provision of this Agreement or any Non Excludable Condition is limited to refunding any amount paid by you (as described above) for the Goods and/or Carbon Product in respect of which the breach occurred.
- We exclude all liability for loss or damage arising out of, or in connection with, the use of the Web Site, including, but not limited to, direct, indirect, economic or consequential loss or damage. This exclusion of liability expressly includes liability for loss or damage caused by third party interference with the Web Site.
- We exclude all liability to you in regards to the value of each Certificate after it is purchased by you and we make no representations in regards to the value of each Certificate purchased by you or its liquidity.
- You warrant that you have not relied on any representation made by us not stated expressly in this Agreement. You acknowledge that to the extent we have made any representation that is not otherwise expressly stated in this Agreement, you have been provided with an opportunity to independently verify the accuracy of that representation. This includes without limitation the fact that it is your responsibility for you to make your own independent enquiries as to the value of each Certificate purchased, the relevant Certificate Provider, and any applicable Certificate Scheme.
- While Tick Green or Carbon Planet uses reasonable endeavours to source Certificates from reputable Certificate Providers, Tick Green or Carbon Planet is in no way responsible or liable for:
- any act, omission or error of the Certificate Provider;
- the certification process used to certify the validity or quality of the Certificate or any process which the Certificate represents; and
- any act, omission or error of the administrators of any applicable Certificate Scheme;
- any act, omission or error of the administrators of any registration or registry process used by any applicable Certificate Scheme.