CHOOOSE General Terms & Conditions
CHOOOSE is the trading name of CHOOOSE AS (hereinafter referred to as “CHOOOSE”). CHOOOSE provides our customers with an agreed volume of verified impact, as defined in the services, achieved via the retiring of carbon credits or various other emission reduction units as made available from time to time via the services (also referred to as “Carbon Units”). Our Service also may include recommendations and other information regarding CO2e emission reductions. These general terms & conditions (“GTCs”) govern your use of our service. As used in these GTCs, "CHOOOSE service", "our service" or "the service" means the service provided by CHOOOSE for providing you as a customer (Customer) with virtual Carbon Units, including all features and functionalities, website, and user interfaces, as well as all Carbon Units acquired, and other content associated with our service. At no point in time will the underlying ownership of the actual Carbon Units be transferred to you or your account in a third-party carbon registry, unless specifically agreed under a separate agreement with CHOOOSE and accepted in writing by the CEO of CHOOOSE. CHOOOSE provides the service to you and may be named as the sender and/or contracting party for invoices and similar formal correspondence and documentation. By signing up or otherwise using the CHOOOSE service, websites, and software applications, you are entering into a binding contract with CHOOOSE as a provider of the service.
The term “CHOOOSE” refers to CHOOOSE AS and its affiliates. The term “Customer” or similar references to the party using the Chooose services refers to you and/or the person using the CHOOOSE services.
3. CHOOOSE Service
When using CHOOOSE services we grant you limited, exclusive, non-transferable access to the service and virtual Carbon Units. The virtual Carbon Units will always correspond to actual Carbon Units acquired by CHOOOSE that will be deleted from the relevant underlying registry as applicable and made unavailable for all third parties. Except for the foregoing limited service, no right, title or interest shall be transferred to you. We continually test various aspects of our service, including our website, user interfaces and promotional features. Such testing may interfere with the normal stability of our webpage, but will not have any impact on the virtual Carbon Units acquired by the users or the actual Carbon Units acquired by CHOOOSE. You agree to use the CHOOOSE service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules, and regulations, or other restrictions on use of the service or content therein. You agree not to archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale or resale, or use (except as explicitly authorized in these GTCs) content and information contained on or obtained from or through the CHOOOSE service, unless approved in writing by CHOOOSE. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content in the CHOOOSE service; or manipulate the content of the CHOOOSE service in any way. We may terminate or restrict your use of our service if you violate these GTCs or are engaged in illegal or fraudulent use of the service. Unless specifically stated by CHOOOSE, the origin of the actual Carbon Units may vary from time to time and may be affected by a variety of factors, such as your location, and/or availability of Carbon Units. CHOOOSE reserves the right to unilaterally replace specified Carbon Units with other Carbon Units provided the replacement Carbon Units satisfy similar criteria such as price and quality. CHOOOSE warrants that the origin of the Carbon Units is certified and/or provided by such entities and/or the market/platforms provided by them and/or third parties not being CHOOOSE, and such documentation is available upon request from you to the CHOOOSE customer service. Parts of the CHOOOSE service may be free of VAT, if applicable under the Norwegian VAT Act of 2009 sec. 3-20.
4. Governing Law
These GTCs shall be governed by and construed in accordance with the laws of Norway. These terms will not limit any consumer protection rights that you may be entitled to under mandatory laws. You and CHOOOSE agree that any dispute, claim, or controversy between you and CHOOOSE arising in connection with or relating in any way to these Agreements or to your relationship with CHOOOSE as a user of the service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Agreements) will be determined by the Norwegian Arbitration Act to the extent applicable, if not applicable the legal venue shall be Oslo city court.
5. Third-Party Applications
6. Customer Support
To find more information about our service and its features or if you need assistance with your account, please visit our website or contact us at email@example.com. In the event of any conflict between these GTCs and information provided by CHOOOSE representatives or other portions of our website, these GTCs will prevail.
If any provision or provisions of these GTCs shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall remain in full force and effect.
8. Electronic Communications
We will send you information relating to your use of the service (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration. As a CHOOOSE customer, we will also send you information about CHOOOSE products and ongoing campaigns.
9. Warranty and disclaimer
CHOOOSE warrants and guarantees that the Carbon Units acquired will not under any circumstance be re-sold or in any other way made available to any third party. We endeavor to provide the best service we can, but you understand and agree that the CHOOOSE service is provided “as is” and “as available”, without express or implied warranty or condition of any kind and that the use of the service is at your own risk. To the fullest extent permitted by applicable law, CHOOOSE and all owners of the actual Carbon Units or services make no representations and disclaim any warranties or conditions of satisfactory quality, merchantability, fitness for a particular purpose, or non-infringement, except for the cancellation (offset) of such Carbon Units. Neither CHOOOSE nor any owner of content warrants that the CHOOOSE service is free of malware or other harmful components. In addition, CHOOOSE makes no representation nor does it warrant, endorse, guarantee, or assume responsibility for any third party applications (or the content thereof), user content, or any other product or service advertised or offered by a third party on or through the CHOOOSE service or any hyperlinked website, or featured in any banner or other advertising. You understand and agree that CHOOOSE is not responsible or liable for any transaction between you and third-party providers of third party applications or products or services advertised on or through the CHOOOSE service. No advice or information whether oral or in writing obtained by you from CHOOOSE shall create any warranty on behalf of CHOOOSE in this regard.
You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the CHOOOSE service is to stop using the CHOOOSE service. To the fullest extent permitted by law, in no event will CHOOOSE, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable for (1) any indirect, special, incidental, punitive, exemplary, or consequential damages; (2) any loss of use, data, business, or profits (whether direct or indirect), in all cases arising out of the use or inability to use the CHOOOSE service, third party applications, or third party application content, without regard to whether CHOOOSE has been warned of the possibility of those damages, or (3) aggregate liability for all claims relating to the CHOOOSE service, third party applications, or third party application content more than the amounts captured as fees for the services, expressly excluding the underlying cost of any Carbon Units acquired to match the virtual Carbon Units transacted, and you accept and acknowledge that the fees captured may vary from case to case. Nothing in the Agreements removes or limits CHOOOSE’s liability for fraud, fraudulent misrepresentation, death, or personal injury caused by its negligence, and, if required by applicable law, gross negligence.
11. Entire Agreement
Other than as stated in this section or as explicitly agreed upon in writing between you and CHOOOSE, the Agreements constitute all the terms and conditions agreed upon between you and CHOOOSE and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.
12. Severability and waiver
Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law. Any failure by CHOOOSE or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive CHOOOSE’s or the applicable third party beneficiary’s right to do so.
CHOOOSE may assign the Agreements or any part of them, and CHOOOSE may delegate any of its obligations under the Agreements. You may not assign the Agreements or any part of them, nor transfer or sub-license your rights under the Agreements, to any third party.
To the fullest extent permitted by applicable law, you agree to indemnify and hold CHOOOSE harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: (1) your breach of this Agreement; (2) any activity in which you engage in or through the CHOOOSE Service; and (3) your violation of any law or the rights of a third party.
For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details. We do not provide refunds or credits for any purchase. When purchasing Carbon Units through CHOOOSE, you consent to get access to CHOOOSE services immediately.
16. Passwords & Account Access
The Customer who created the CHOOOSE account and whose Payment Method is charged (the "Account Owner") has access and control over the CHOOOSE account. To maintain control over the account and to prevent anyone from accessing it, the Account Owner should not reveal the password nor the Payment Method details (e.g., last four digits of their credit or debit card, or their email address if they use PayPal) associated with the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the CHOOOSE website and services and not through a hyperlink in an email or any other electronic communication not coming directly from CHOOOSE, even if it looks official. We can terminate your account or place your account on hold in order to protect you, CHOOOSE or our partners from identity theft or other fraudulent activity.
If you have any questions concerning the CHOOOSE service or the Agreements, please contact CHOOOSE by visiting our website and following the instructions contained therein: http://chooose.today.