TERMS
Terms & Conditions for use of this website
1.
Overview
1.1 582 Trees ("we", "us", "our") is an online marketplace for tree plantings in New Zealand and internationally. We act as a facilitator of the funding of tree planting between users and third party reforestation/planting groups.
1.2 This website and all services and online tools exist to facilitate funding from members of the public and organisations wishing to contribute towards the planting of trees ("Funders"). We are not a registered charity.
1.3 The use of this Website is governed by these terms and conditions ("Terms"). These Terms apply to every Funder, (referred to collectively as "users", "you", "your") using the website. By funding trees, every Funder accepts these Terms authorising 582 Trees to use the funding and apply it towards the purchasing of trees on their behalf, in accordance with these Terms.
1.4 Any new features or tools which are added to the current Website shall also be subject to these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any of these Terms from time to time. Users agree to check these Terms and to be bound by the conditions that are in effect at the time at which you access the Website.
2.
Information
2.1 While you do not need to register to fund or gift trees, we require a valid email address to facilitate these transactions and we will store your email so that we can identify any potential future tree funding you make (thus allowing us to track your progress towards the 582 tree goal as explained on the website).
2.2 Information or material which you provide electronically through your registration or use of the Website is not confidential or proprietary and you acknowledge that unprotected communication over the Internet is subject to possible interception, alteration or loss. You agree that we shall have no liability for the interception or 'hacking' of your data through the Website by unauthorised third parties.
3.
Tree funding
3.1 To fund trees you must be over 14 years of age, or a parent or guardian must manage the transaction on your behalf.
3.2 Funders can contribute money towards the costs of planting trees (known as "Tree Products") by third parties.
3.3 582 Trees will enter into purchase agreements with third parties to facilitate the completion of planting projects. While we will take reasonable steps to substantiate that these third parties will comply with their contractual obligations (including verifying plantings), you acknowledge that we cannot guarantee the existence and survival of all trees funded through the website.
3.4 Due to variations in the location of third party planting programs and therefore different currency used, among other reasons, by funding Tree Products through our website you acknowledge that the cost of funding trees through us may not exactly match the cost of funding trees by the third parties.
3.5 While we will make all reasonable efforts to match a Funder's contribution with a planting project in their desired geographical location, if for any reason we are unable to secure a tree to be planted in that region, we reserve the right to use money received to fund a tree planting in a separate geographical area without informing you prior.
3.6 Funders can make an online contribution to 582 Trees with a credit card. Funders can also purchase a gift certificate with a credit card for one or more trees to be planted in the name of the gift recipient. Funders are able to specify a name, email and message and 582 Trees will facilitate a gift certificate (PDF) via email to the recipient. Funders can set the value of the contribution or gift certificate by selecting one or more of our Tree Products on offer.
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3.7 A Funder's credit card will be charged for the value of the donation and the Funder will be sent an electronic receipt to the email address provided at the time of making the contribution.
3.8 In general, contributions are non-refundable. However, we will refund a transaction where a credit card has been used without the authorisation of the cardholder or other circumstances advised by our bank.
3.9 Processing payments:
(a) 582 Trees is the name that will appear on the statement when funding a tree on this website.
(b) Where payment is required for a transaction on the website, we use a payment provider called Stripe to process those transactions. Stripe will process and store Funders' personal information as required. The commitment of Stripe to safely store personal data is set out in its privacy policy on its website.
3.10 Funder acknowledgements
(a) Funders acknowledge and agree not to make false or misleading statements about the tree plantings that the Funder has contributed towards. In particular, a Funder acknowledges and agrees that by donating, the Funder is not receiving a carbon offset or a New Zealand unit under the New Zealand Emissions Trading Scheme and cannot make a claim to this effect.
(b) 582 Trees does not warrant the accuracy of any carbon claims made by you.
4.
Website content
4.1 We do not represent or warrant that the information, services or materials accessed from or through the website will be uninterrupted or free of errors, defects, viruses or other harmful components, or that any such problems which are discovered will be corrected.
4.2 We make no representation or warranty regarding the functionality or condition of the website, its suitability for use, or that its use will be uninterrupted or error-free. We may update the information or materials on the website from time to time and no assurance or warranty is given that information or material on the website is up-to-date, accurate, error-free or complete.
4.3 We make no guarantee regarding the accuracy of any statements regarding climate change or carbon offsetting made by us. We recommend doing your own research into these topics before contributing any money. The 582 trees needed to offset your lifetime carbon emissions is an estimate based on 2017 data and is specific to New Zealanders. In reality, individual lifetime carbon emissions vary significantly, therefore the use of this figure should be considered nothing more than a strategy to encourage people to plant as many trees as possible as one way of combatting climate change.
4.3 Links and references to other websites may be included on the website as a convenience only. We may not have reviewed this external information and do not endorse or assume any responsibility for any other websites, material posted on them, or products or services offered on those websites.
5.
Limitation of Liability
5.1 582 Trees will not be liable for direct, indirect, special, incidental, consequential, punitive or exemplary damages or loss of any kind whatsoever including for lost data, lost business, loss of profits, injury, claim, liability or damage or failure of security resulting from:
(a) your use of the website;
(b) the activities of the third party planting programs.
5.2 You indemnify and hold 582 Trees, its affiliates, officers, employees and agents harmless from any liabilities, claims, expenses or demands, including legal fees and costs made by any third party due to or arising out of or in connection with:
(a) your use of the website;
(b) your breach of these Terms; or
(d) any liability arising in connection with the use of your account.
6.
Privacy
6.1 582 Trees respects your privacy. Please read our Privacy Policy, which forms part of these Terms.
7.
Copyright & trademarks
7.1 We own all information on the website whether it is directly owned by us or licensed for use by 582 Trees. All material on the website, including, without limitation, text, images, designs, graphics, pictures, video, software, music and sound files, the layout, the look-and-feel and any other information contained on or in the website (collectively referred to as the Content) is subject to copyright, various intellectual property protections (registered and unregistered) and other proprietary rights.
7.2 All trademarks, logos, brands and service marks (Marks) displayed on the website will either be registered or unregistered Marks of 582 Trees or will have been licensed to us for use on the website by third parties. You may not use any of the Marks on this website without our prior written permission.
8.
Dispute resolution
8.1 A User may not commence any court or arbitration proceedings relating to a question, difference or dispute relating to these Terms ("Dispute"), unless the User has first complied with this section.
8.2 Where any Dispute arises, a representative of the User and 582 Trees will meet and negotiate in good faith in an attempt to resolve the Dispute amicably by good faith discussion.
8.3 Where the representatives of the parties do not resolve the Dispute within five (5) business days (or as agreed) of initiating negotiations, the relevant parties agree to mediate any Dispute in terms of the LEADR New Zealand Incorporated Standard Mediation Agreement. The mediation will be conducted by a mediator and a fee paid by the parties to the Dispute.
8.4 If the parties fail to settle the Dispute by mediation then either party may initiate arbitration (but not litigation) in accordance with the Arbitration Act 1996 to resolve the Dispute.
8.5 Nothing in this section will preclude a party from taking immediate steps to seek urgent injunctive or equitable relief before an appropriate court.
9.
General Terms
9.1 Jurisdiction: These Terms are governed by the laws of New Zealand. You submit to the exclusive jurisdiction of the Courts of New Zealand
9.2 Severability: If any provision of these Terms is held invalid, then such provision (to the extent it is invalid) is deemed severed from these Terms and the remainder shall not be affected.
9.3 No waiver: If a party breaches these Terms and the other party does not immediately enforce its rights resulting from the breach that does not mean that the party in breach is released or excused from its obligation to perform the obligation at the time or in the future and does not prevent the other party from exercising its rights resulting from the breach at a later time.
9.4 No joint venture: Nothing in these Terms shall evidence or be deemed to constitute a partnership or joint venture between the parties, nor will either party constitute an agent of the other party.
9.5 Entire agreement: These Terms are to be read in conjunction with our Privacy Policy and any additional terms we require a User to agree to and together constitute the entire agreement between the User and 582 Trees and supersede any and all prior oral or written communication on the subject matter contained in them. If there is any conflict between these Terms and the Additional Terms, then these Terms will prevail to the extent of the inconsistency.