environmental matchmakers

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User Agreement

BROKERS CARBON

USER AGREEMENT - 4.0

Brokers Carbon Pty Ltd - Australian Financial Services Licence (AFSL) No. 429738

This User Agreement is effective as of the 1st May 2012. Your use of our website after such time will signify your acceptance of this User Agreement.

Welcome to Brokerscarbon.com, the website and online service of Brokers Carbon Pty Ltd. (ACN 142 646 437) (“Brokers Carbon”), with a principal business address of Level 1, 181 Bay Street, Brighton VIC 3186 Australia. This User Agreement explains the terms by which you may use the website, our services, the feeds, the podcasts, the links, and the other functionality owned, controlled, or offered by Brokers Carbon (the “Website”; Brokers Carbon and the Website are collectively referenced as “we” or “us”). By using this Website, you expressly acknowledge that you have read, accept, and agree to be bound by this User Agreement, as well as any applicable laws hereunder. You should not use this Website, if you do not agree to this User Agreement.

We may modify our User Agreement at any time without notice in our sole discretion, and any amendments will apply immediately. You should return to this page from time to time in order to ensure that you are aware of any changes. The Privacy Policy posted to our Website also forms part of this User Agreement. We may at any time modify the Privacy Policy or introduce new policies regarding the use of this Website. Any reference to our User Agreement includes all such policies.

1. OUR BUSINESS MODEL

Brokers Carbon operates an online matchmaking service for environmental projects and emission reduction opportunities worldwide.

Our business model is designed to bring together parties actively engaged or seeking to become actively engaged in the environmental markets for the purpose of project development, project origination, investment opportunities, listing an emission reduction project for sale, marketing and promoting your products and services, and/or the buying and selling of carbon offsets, credits and related units.

We offer a free Basic Membership to the Website. A free Basic Membership allows you to access project information which is classified as public information on our Website, as well as to set up your own project preferences online, create project shortlists and manage your own account.

We also offer a Premium Membership, which allows you to access our premium services, including but not limited to the sourcing, identification, introduction, marketing and promotion of emission reduction units, projects, and opportunities (collectively, the “Premium Services”).

2. REGISTRATION

(a) Register to Access. To receive your free Basic Membership, or in the alternative, to receive a Premium Membership, you will first need to register for online access to our Website.

(b) Registration Requirements. When you register to receive your free Basic Membership, you will be asked to provide the following information: your name, company name, address, phone number, and email address. If you are registering for a Premium Membership, you may be asked to provide your credit card information and to agree to the terms of our Listing Agreement.

All information provided by you in your registration must be truthful and complete. We reserve the right to suspend or cancel your registration if we have reason to believe that you have not provided accurate or complete information to us.

(c) Password: When you register, you will be required to select a password. You should not disclose your password to any third party. You are solely responsible for keeping your password confidential and for the activity that occurs on your account. We will never ask you to send your password or other sensitive information to us in an email or to enter it via any website other than one with the URL of www.brokerscarbon.com. If you suspect any unauthorized use of your account or access to your password, please change your password immediately and contact us. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. You are solely liable for any loss or damage arising from your failure to comply with this Section 2(c).

Users having a free Basic Membership or Premium Membership shall be known as “Registered Users.”

(d) Cancellation or Suspension: In the event you fail to comply with any term of this User Agreement, we reserve the right to cancel or suspend your registration, membership, listing, or any other product or services that you have purchased. All previously paid payments will be non-refundable. This remedy will not replace any other rights or remedies to which we are otherwise entitled.

(e) Right of Refusal. We reserve the right in our sole and absolute discretion to refuse registration, access and our paid services to any third party.

3. PREMIUM SERVICES

We deliver paid and free Premium Services through the following business offerings:

(a) Listing Services;
(b) Direct Access Membership Services;
(c) Full Service Membership Services;
(d) Consultancy Services; and
(e) eBooks.

These Premium Services are limited to legal entities or individuals in business who are at least 18 years of age and capable of forming legally binding contracts.

4. BUSINESS OPPORTUNITIES

Brokers Carbon offers multiple opportunities for individuals and businesses to work with us, including but not limited to the following:

(a) Advertising: Brokers Carbon offers advertising opportunities for advertisers on our Website.

(b) Brokers or Agents: Brokers Carbon offers a special membership for businesses or individuals who serve as a listing agents or brokers for other project owners, or for third parties representing such projects and project owners, which will allow such businesses or individuals the opportunity to represent their own clients using the Brokers Carbon system and Website.
For more information about any business opportunity or to enter into an agreement with us on one of these opportunities, please contact us at enquiries@brokerscarbon.com.

5. CONFIDENTIALITY; NON-DISCLOSURE

You acknowledge and agree that you may receive sensitive, proprietary information through our Website, your relationship with Brokers Carbon, or your relationship with any third party through an introduction by us or our Website. You expressly agree that you will treat as confidential and not disclose to any third party any such Proprietary Information disclosed to you.

“Proprietary Information” shall include all non-public proprietary information, materials, data, plans, formulations, specifications, documents, reports, commissions, rates, term sheets, communications, computer records, marketing, sales, trade secrets, know-how, strategic or business information relating to any project, any third party, or the Brokers Carbon business generally, as well as any personally identifiable information uploaded to our Website.

In addition, you expressly agree that “Proprietary Information” will include all ‘Additional Information’ and project information only accessible by premium members, terms of deals and negotiations between buyers and sellers both orally and electronically, and the content of any confidential or written discussions between buyers and sellers.

For the avoidance of doubt, you expressly agree not to disclose to Brokers Carbon or any buyer, seller, or consultant, any proprietary information received from third parties, which you are under an obligation not to disclose.

6. E-BOOKS

Brokers Carbon sells educational e-books related to carbon trading and the carbon market, which may be downloaded from our Website. When you order an e-book, you will receive an email confirmation containing your order details, which should arrive shortly after you place the order.

On all e-book purchases that you make from us, we grant to you a perpetual, non-exclusive license to (a) download, use, and display the e-book on a single workstation for your use only; (b) to print out a single hard copy of the e-book for your use only; and (c) to make a single back-up copy of the e-book for archival and contingency purposes only. Your rights in the e-book shall be limited to those expressly granted in this Agreement. Any use which exceeds the scope of this license grant shall constitute a breach of this Agreement.

If you have any questions or concerns about e-books or any delivery of an e-book, please contact us at ebooks@brokerscarbon.com.

7. REFUNDS AND RETURNS

If you purchase an e-book on our Website and for any reason are not completely satisfied, Brokers Carbon provides a thirty (30) day money-back guarantee on your purchase.

Please contact us at ebooks@brokerscarbon.com within the thirty (30) day period so that we can resolve your concerns.

8. OPERATION OF WEBSITE

Brokers Carbon uses commercially reasonable efforts to maintain our Website and to keep it operating on a twenty-four (24) hour, seven (7) day a week basis, free from bugs, errors, technical problems, or defects. If, at any time in the future, we identify any bugs, errors, technical problems, or defects, then we will immediately assign technicians to address and resolve the issue.
If you become aware of an error, bug, or other technical problem, then you should notify us immediately of the incident and provide us with the following information:

(a) Description of the Incident. The specific sequence of events which generated the incident, and a full description;
(b) Description of Error Message. The exact wording of any error messages, if applicable; and
(c) Description of Discovery of Incident. Any special circumstances surrounding the discovery of the incident for which you are seeking technical support.

We cannot guarantee that your access to the Website will be uninterrupted, or that the Website will be available at all times. We can assume no liability or responsibility for any delay, interruption, or downtime, or for any lost business opportunity or lost business profits which result from such delay, interruption, or downtime.

We use commercially reasonable efforts to ensure that our Website is protected from viruses and other destructive software, but we cannot guarantee that the Website will at all times be free from viruses. We urge you to use reasonable care in downloading information from the Website. We can assume no responsibility for any damage to computer equipment or other property that may result from the use of the Website or as a result of downloading from the Website.

We reserve the right to discontinue operation of the Website for any time for any reason at our sole discretion, and to make modifications to the operation of the Website at any time at our sole discretion.

9. SECURITY POLICY

Our Website uses the eWAY Payment Gateway for its online credit card transactions. eWAY processes online credit card transactions for thousands of merchants, providing a safe and secure means of collection payments via the Internet. All online credit card transactions performed on this Website using the eWAY Payment Gateway are secured payments. Features of the eWAY Payment Gateway include:

(a) Payments are fully automated with an immediate response;
(b) Your complete credit card number cannot be viewed by Brokers Carbon or any outside party;
(c) All transactions are performed under a 128 Bit SSL Certificate;
(d) All transaction data is encrypted for storage within eWAY’s bank-grade data center, further protecting your credit card data;
(e) eWAY is an authorized third party processor for many of the major Australian banks; and
(f) eWAY at no time touches your funds: all funds are directly transferred from your credit card to the merchant account held by Brokers Carbon.

For more information about eWAY and online credit card payments, please visit www.eWAY.com.au.

10. PROHIBITED USES OF THE WEBSITE

Our Website should only be used for lawful purposes. We specifically prohibit any other use of the Website, including but not limited to the following:

(a) Impersonation; Misrepresentation: Posting or submitting to the Website any information in which you impersonate or claim to be any third party, or in which you misrepresent your affiliation with any entity;

(b) Providing Unauthorized Access to Website: Disclosing or sharing your password with any third party or allowing such third party access to a password-protected portion of the Website;

(c) Objectionable Communications through Website: Posting content or initiating communications through this Website which are unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable;

(d) Illegal Activity: Using the Website for any illegal purposes;

(e) Disclosing Confidential Information without Permission: Sharing information or initiating communications with confidential or proprietary information you are under an obligation not to disclose;

(f) Posting Infringing Content: Posting infringing content to the Website;

(g) Tampering with Website: Taking any action that disrupts, tampers with, interferes, or imposes an unreasonable burden on the Website’s infrastructure, servers, database, or network of those of any third party via our Website;

(h) Using Unauthorized Search Tools: Using or attempting to use any engine, software tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Website other than generally available third party browsers (including but not limited to Internet Explorer, Firefox, and Safari);

(i) Uploading Viruses: Posting or submitting any content that contains software viruses or any computer code, files, or programs designed to interrupt, destroy, or limit functionality of the Website or of any computer software, hardware, or telecommunications equipment;

(j) Infringing Intellectual Property in Website: Deciphering, decompiling, disassembling, copying, duplicating, aggregating or reverse engineering any of the software, content, information, or other materials comprising or in any way making up part of the Website;

(k) Mining Data from Website: Using any means of automatically searching or mining data from the Website, or in any way attempting to interfere with the proper working of the Website;

(l) Stalking or Harassment: stalking, harassing, or threatening any buyer, seller, consultant, or other user of this Website; or

(n) Harvesting Personal Information: collecting, storing, or distributing in any way personal information about any buyer, seller, consultant, or other user of this Website.

We reserve the right (but do not have the obligation) to suspend or terminate registered users or visitors who do not appropriately use the Website. If you become aware of any inappropriate use, please notify us at our email address at enquiries@brokerscarbon.com.

11. INTELLECTUAL PROPERTY

All right, title, and interest in the marks, logos, code, databases, content, text, designs, advertisements, e-books, podcasts, and other materials posted to our Website or to any social media page advertising Brokers Carbon or our Website, and to any trade secrets or know-how in the Brokers Carbon business (collectively, the “Intellectual Property”) is owned by us or our licensors. Except as otherwise expressly stated herein, you may only display, view, and listen to the Intellectual Property posted to the Website, and you may not reproduce, display, republish, download, upload, post, transmit, publicly perform or display, copy, distribute, create derivative works of, misappropriate, or otherwise use for any purpose any portion of our Website or our social media pages or feeds without the express written consent of us or our licensors as appropriate. Using the Intellectual Property on any other Website for any commercial purpose is expressly prohibited.

12. INTELLECTUAL PROPERTY INFRINGEMENT COMPLAINTS

We respect the intellectual property rights of others. If you ever suspect that your intellectual property has been copied in any manner that constitutes intellectual property infringement, then please notify us immediately, providing the following information:

(a) Identification of the Intellectual Property. The name of the owner of the intellectual property and a signature of the person authorized to act on behalf of the intellectual property interest, which is alleged to be infringed;

(b) Description of Infringed Right. A description of the intellectual property right that you claim has been infringed;

(c) Location of Infringing Item. A description of where the allegedly infringing item is located on the Website;

(d) Contact Information. Your address, telephone number, and email address; and

(e) Statement under Penalty of Perjury. A statement by you confirming that you are the intellectual property owner or are authorized to act on the intellectual property owner’s behalf, made under penalty of perjury.

13. THIRD PARTIES

Our Website may contain links to third party websites, which are not owned or maintained by us and over which we have no control (“Third Party Site(s)”). Any such are provided for informational purposes only in order to assist you in identifying products and services that may be of interest to you and which you may want to research further. If you click on a link to a third party website, our Privacy Policy and this User Agreement will no longer be applicable. In addition, we may sell advertising space to consultants and other third parties on our Website. We do not intend that links to Third Party Sites or third party advertisements be referrals to or endorsements of the linked entities or any product or service that they offer.

Your business dealings with any third party with whom you connect through an introduction, advertisement, link, or project listing on this Website are solely between you and such third party. You are solely responsible for conducting your own due diligence prior to entering into a business relationship with any third party linked to our Website. We have no control over and do not guarantee the quality or legality of the listings or services advertised, ability of the consultants to provide services, the ability of the sellers to deliver as promised, or the ability of the buyer to pay as agreed, or that any of these parties will actually complete a transaction. We do not screen or conduct due diligence on sellers, buyers, consultants, or any other party on this Website. We may provide information about a party, but such information is provided solely for your convenience and is not an endorsement or recommendation for such party. You agree that we will not be responsible or liable for any loss, damage, or other liabilities incurred as a result of doing business with such third parties, and you assume the sole risk of loss and liability in doing business or entering into any transaction with any third parties linked to this Website. In the event that you ever have a complaint against such third party, you should contact such third party directly regarding your issue, and resolve the dispute directly with such party. We do not currently offer any dispute resolution service for users of our Website, and will not be able to moderate any such dispute with a third party.

14. LINKING TO OUR WEBSITE

You may link to our Website, provided that (a) you do not remove or obscure, by framing or otherwise, any portion of our Website; (b) your website does not engage in illegal or immoral activities; and (c) you agree to discontinue linking and/or remove all links to our Website immediately upon our request.

15. WARRANTY; DISCLAIMER

The use of this Website and the reliance on any information contained herein shall be at your sole risk. We make no warranty that your access to the Website will be continuous, uninterrupted, bug-free, error-free, virus-free, free of defects, or free of technical problems, or that any data or information posted to this Website will be accurate or complete. We will, however, use reasonable care to provide uninterrupted, bug-free, error-free service. You warrant that your use of this Website does not conflict with any obligation that you owe to any third party, and that you will not materially breach any term or condition set forth under this User Agreement.

TO THE EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE ALSO EXPRESSLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY ARISING FROM UPLOADED CONTENT TO OUR WEBSITE, AND FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, OR INACCURACY CONTAINED IN ANY POSTING ON THE WEBSITE. WE FURTHER DISCLAIM ANY LIABILITY FOR LOSS OR DAMAGE SUFFERED BY ANY PARTY THROUGH RELIANCE ON INFORMATION OBTAINED THROUGH THIS WEBSITE. WE DO NOT WARRANT THAT ALL ERRORS, BUGS, OR DEFECTS CAN OR WILL BE CORRECTED OR THAT THIS WEBSITE WILL OPERATE BUG-FREE, ERROR-FREE, CONTINUOUSLY, OR UNINTERRUPTED. WE ASSUME NO RESPONSIBILITY FOR ANY DAMAGES TO OR VIRUSES THAT MAY INFECT YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR VIEWING OF THE WEBSITE OR THE DOWNLOADING OF ANY CONTENT FROM THE WEBSITE. FOR THE AVOIDANCE OF DOUBT, NO CONTENT ON THIS WEBSITE SHOULD BE READ AS AN ENDORSEMENT OF ANY THIRD PARTY.

16. LIMITATION OF LIABILITY; CONSEQUENTIAL DAMAGES

You agree that Brokers Carbon and this Website will not be liable to you for any indirect, consequential, special, punitive, or exemplary damages, arising out of or in connection with the use of this Website, including but not limited to damages for loss of profits, loss goodwill, loss of business opportunities, use, data, or other intangible losses (even if we have been advised of the possibility of such damages).

Our liability to you for all claims in the aggregate shall in no event exceed the greater of (a) $100 USD or (b) the aggregate amount of all fees actually collected by us from you during the six (6) month period immediately preceding the arising of the claim. Some jurisdictions do not allow the limitation of liability, so these limitations may not apply to you.

17. RELEASE OF CLAIMS

To the maximum extent permitted by applicable law, you hereby release and waive all claims against Brokers Carbon and our officers, directors, employees, independent contractors, representatives, and agents from any and all liability for claims, damages (actual and or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature arising from or in any way related to the Brokers Carbon Website and services. You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true, and accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights which you may have had under any applicable law principle of similar effect, to the fullest extent permitted by law.

18. INDEMNIFICATION

By using this Website, you agree to indemnify, defend, and hold harmless Brokers Carbon and this Website, our officers, employees, independent contractors, representatives, agents, and other visitors against any third party claim arising from or in any way related to (a) any infringing content that you have provided to use for use on this Website; (b) your disclosure of Proprietary Information or third party confidential information in violation of this User Agreement; and (c) your use of this Website or any Third Party Sites, including but not limited to any liability or expense arising from any and all claims, demands, losses, damages, costs, expenses, suits, judgments, litigation costs, or attorneys fees.

19. MISCELLANEOUS

We reserve the right to discontinue our services at any time in our sole discretion. You may not transfer your rights under this User Agreement to any third party, but you expressly agree that we may assign this User Agreement without prior notice to a successor entity in the event of a merger, acquisition, or sale of all or part of our business. No waiver of any breach of this User Agreement, no matter how long continuing or how often repeated will be deemed a waiver of any subsequent breach, nor shall any delay or omission to exercise any right, power, or privilege hereunder be deemed a waiver of such right, power, or privilege. If any section of this User Agreement is held to be unenforceable or in conflict with the law of any jurisdiction, the validity of the remaining paragraphs shall not be affected by such holding. The meaning of that section shall be construed to the extent feasible to render the section enforceable and to give effect to the Parties’ intentions as reflected in the section. If no feasible interpretation would save such section, it is to be severed from the remainder of this User Agreement, which is to remain in full force and effect. You are solely responsible for complying with all applicable laws. This User Agreement constitutes the entire agreement between you and Brokers Carbon with respect to the subject matter set forth herein. The section headings and subheadings contained in this User Agreement are included for convenience only and shall not limit or otherwise affect this User Agreement. Except for the payment of fees due to Brokers Carbon, the failure to perform under this User Agreement shall not constitute a material breach if such failure is due to an “act of God,” act of government, terrorism, riots, wars, accidents, deficiencies in materials or transportation, or any other cause of nature beyond such party’s control.

20. GOVERNING LAW; DISPUTE RESOLUTION

This User Agreement shall be governed by and construed in accordance with the laws of the United Kingdom, without regard to conflicts of law principles. Except to the extent that we have to file a claim in equity to enforce the confidentiality terms of this Agreement or a claim to enforce the terms and conditions of an arbitration award, all disputes arising under this Agreement shall be submitted to binding arbitration under the Commercial Rules of the International Chamber of Commerce in London, England by one arbitrator mutually agreed upon by you and us in accordance with the aforementioned Rules. The proceeding shall be conducted in English. The costs of arbitration, including administrative and arbitrators’ fees, shall be shared equally by each of us. The arbitration award shall be final and each of us shall comply in good faith to the entry of the arbitrator’s award in any court having jurisdiction. If judicial enforcement or review is sought, then the prevailing party shall be entitled to costs and reasonable attorney’s fees. All claims you bring against us or the Website must be resolved in accordance with this Section. All claims filed or brought against us contrary to the terms of this Section shall be considered improperly filed. Should you file a claim contrary to this Section, you agree that we may recover attorneys’ fees and costs for the improperly filed claim of up to $2000.00 USD, provided that we have notified you in writing of the issue and you have failed to properly withdraw the claim.

21. NO AGENCY

You agree that this Website shall not be construed or interpreted to create an agency relationship between you and Brokers Carbon, except to the extent expressly stated herein.

22. CONTACT US

In the event that you have any questions about this User Agreement, or that you need further assistance with respect to the access or use of the Website, please notify us at the contact information listed below:

Attn.: Legal Department
Brokers Carbon Pty Ltd
Level 1, 181 Bay Street
Brighton VIC 3186 AUSTRALIA

Email: enquiries@brokerscarbon.com

All legal notices to Brokers Carbon will be deemed effective upon receipt.

23. EFFECTIVE DATE

This User Agreement was last modified on 1st May 2012.

 

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