WE SELL DIGITAL CERTIFICATES REPRESENTING THE UNIT AMOUNT OF ANY SINGLE GIVEN SUSTAINABILITY ACTIVITY WHICH CAN INCLUDE BUT IS NOT LIMITED CARBON CREDIT PROCUREMENT, PLANTING TREES, PLANTING KELP AND OTHER ACTIVITIES WHICH ARE MADE AVAILABLE BY EVERCLIME’S THIRD PARTY ACTIVITY PROVIDERS. WE REFER TO THESE ACTIVITIES AS “IMPACT ACTIVITIES”. SOME CERTIFICATES ARE ASSOCIATED WITH CARBON CREDITS, OTHERS ARE ASSOCIATED WITH IMPACT ACTIVITY THAT DOES NOT CURRENTLY ATTRACT REGULATED CARBON CREDITS, AND SOME HAVE A COMBINATION OF BOTH. THESE DIGITAL CERTIFICATES ARE NON-FUNGIBLE TOKENS (NFTs). THE IMPACT AND REWARDS ASSOCIATED WITH THIS CERTIFICATE ARE NOT AVAILABLE FOR RESALE. PLEASE SEE THE FURTHER TERMS BELOW FOR FURTHER DETAILS THE DIGITAL CERTIFICATES WE SELL ASSOCIATED WITH CARBON CREDITS ARE WHERE WE HAVE PROCURED ITS RETIREMENT FOR OUR CUSTOMERS BASE. A CARBON CREDIT CAN ONLY BE RETIRED ONCE. OUR DIGITAL CERTIFICATE HAS NO FUTURE SALE VALUE WITH RESPECT TO THE ORIGINAL CARBON CREDIT UNIQUE SERIAL NUMBER. DIGITAL CERTIFICATES ASSOCIATED WITH OTHER NON-CARBON CREDIT IMPACT ACTIVITY MAY NOT BE RECORDED ON ANY REGULATED REGISTRY BUT WILL BE ALLOCATED A UNIQUE SERIAL NUMBER BY EVERCLIME.
Purchase of Digital Certificates
“Everclime Serial Number” means the unique serial number recorded in Everclime’s own records on the Blockchain with respect to each Digital Certificate. "Impact Activity” means the unit amount of any single given sustainability activity which can include but is not limited Carbon Credit procurement, planting trees, planting kelp and other activities which are made available to purchase by a Third Party Activity Provider. “Impact Certificate” means the Digital Certificate representing the unit amount of any single given Impact Activity which may have Rewards associated with the purchase and download of the certificate. “NFT” means a non-fungible token is a unique digital identifier that cannot be copied, substituted, or subdivided, that is recorded in a blockchain, and that is used to certify authenticity and ownership.
“Registry Certificate” means the representation of a Retired Carbon Credit or identified unit, which holds all available details, links, Unique Serial Number and evidence of the Retired Carbon Credits and or unit value.
“Retire”, ”Retired” or ”Retirement” means an action taken to remove Carbon Credits from commercial circulation within an appropriate Carbon Credit registry. Retirement is effected by retiring the Carbon Credit and by giving the purchaser of the Carbon Credit Retirement Evidence. Once a Carbon Credit has been transferred into a retirement account, they are not available to be traded or acquired by third parties or transferred again to any other account.
“Retirement Evidence” means to evidence of Everclime procuring and Retiring Carbon Credits from selected parties. This transaction is recorded and published in a Registry Certificate in the Carbon Credit project’s profile page. “Registry Serial Numbers” means a unique code assigned to a quantified registry in association with the Third Party Activity Provider’s decarbonisation project or other Impact Activity (if applicable), verified by the regulatory authorities and held on a Blockchain. “Reward” means the discount, competition or other redeemable offer, benefit or actions made available from certain third party Rewards Providers which may be attached to certain Digital Certificates. “Rewards Providers” means third parties which make available certain discounts, competitions and redeemable offers, benefits or actions available which may be attached to certain Digital Certificates. “Third Party Activity Providers” means third parties who procure or carry out sustainability activity which can include but is not limited carbon credit generation, procurement, planting trees, planting kelp, seeding native land, coral restoration, and other activities, as well as third parties who provide Carbon Credits to Everclime to Retire.
Carbon Credits For Digital Certificates associated with Carbon Credits, only the initial customer who first purchases a Digital Certificate from us can be the owner of the Carbon Credit Unique Serial Number for the relevant Retired Carbon Credits. The Digital Certificate may have other value as a result of other possible value add services and products associated with this. However, you may not represent in any future sale of a Digital Certificate that is has any value associated with the original Carbon Credit Unique Serial Number. Registry Certificates related to Retired Carbon Credits are available on our Website. Impact Certificates We sell Digital Certificates representing the unit amount of any single given sustainability activity which can include but is not limited to Carbon Credit procurement, planting trees, planting kelp and other activities which are made available by Everclime’s Third Party Activity Providers, which we call “Impact Certificates". These are NTFs and may have certain Rewards associated with the purchase and download of the Impact Certificate. The impact and Rewards associated with this certificate are not available for resale. Some Impact Certificates are associated with Carbon Credits, others are associated with Impact Activity that does not currently attract regulated Carbon Credits, and some have a combination of both. Digital certificates associated with other non-carbon credit sustainable Impact Activity may not be recorded on any regulated registry but will be allocated a unique Everclime Serial Number. Should any Impact Activity become associated with a regulated registry, Everclime agrees to take commercially reasonable steps to procure that Digital Certificates associated with such Impact Activity include the relevant Registry Serial Number. Whist many of the Third Party Activity Providers are charities with deductible gift recipient status in Australia, purchases of Impact Certificates from us will generally not permit you to claim a charitable donation taxable deduction. Everclime provides no warranty with respect to your ability to tax deduct any purchase from us, with respect to charitable purposes other otherwise. You should seek your own independent tax advice with respect to any purchase of Impact Certificates.
Rewards Certain Digital Certificates may have awards associated with their purchase and download. Any Rewards offered as part of a Digital Certificates are subject the additional terms and conditions of the Rewards Provider of the relevant Reward. When purchasing a Digital Certificates with an associated Reward, you warrant and represent that you have read, understood and agree to the terms and conditions of the Rewards Provider related to the relevant Reward. Everclime has no liability whatsoever with respect to any failure of the Rewards Provider to provide the Reward or otherwise with respect to the Reward in any way. Brand Impact Certificates Listed on our Website and in the App are certain Brand Impact Certificates. These are not available to be purchased or resold. These Brand Impact Certificates are Digital Certificate representing the tonnage amount of any given Carbon Credit purchase or alternate Impact Activity contribution and/or investment in relation to specific sustainable business activities conducted by the Third Party Activity Provider either funded wholly by the Third Party Activity Provider or wholly or in-part by a sponsoring organisation. This certificate is minted and held on Blockchain, and includes all of the relevant contribution data such as Serial Numbers, affiliated satellite imagery and impact project coordinates.
Accessing the Service from an internet address
You represent and warrant that you will comply with all applicable local, State and Commonwealth laws when using the Service. Your access and use of the Service may be interrupted from time to time for technical reasons at Everclime’s sole discretion. To access and use some of the Service, you may need to register with us and set up an account with your email address and a password (your “Account”). You are solely responsible for maintaining the confidentiality of your password. You are exclusively responsible for activities that take place under your Account. You may connect to the Service from a third-party service such as Facebook or Google+, and you give us permission to access, store, and use your information from that service.
Accessing the Service from a blockchain address
If you access the Service using a blockchain address which will function as your identity on Everclime you will need a blockchain address and a third-party wallet to access the Service. By using your wallet in connection with the Service, you agree that you are using that wallet under the terms and conditions of the applicable provider of the wallet. Wallets are not operated by, maintained by, or affiliated with Everclime, and Everclime does not have custody or control over the contents of your wallet and has no ability to retrieve or transfer its contents. Everclime accepts no responsibility for, or liability to you, in connection with your use of a wallet and makes no representations or warranties regarding how the Service will operate with any specific wallet. You are solely responsible for keeping your wallet secure and you should never share your wallet credentials or security seed phrase with anyone. If you discover an issue related to your wallet, please contact your wallet provider. Likewise, you are solely responsible for your Account and any associated wallet and we are not liable for any acts or omissions by you in connection with your Account or as a result of your Account or wallet being compromised. Everclime may require you to provide additional information and documents in certain circumstances. In such an event Everclime, in its sole discretion, may disable your Account and block your ability to access the Service until such additional information and documents are processed by Everclime. Everclime may refuse to restore your access to the Service.
Use and abuse of the Service
To use the Service, you must be over 18 years old. You are solely responsible for all information that you give to Everclime. You are responsible for the consequences of your on-site communications.
You agree that you will not violate any laws or infringe any third-party right; post any threatening, abusive, defamatory, obscene or indecent material; be false or misleading; distribute or send communications that contain spam, chain letters, or pyramid schemes; distribute viruses or any other technologies that may harm Everclime, the Service or the interests or property of other Everclime users; impose an unreasonable load on our infrastructure or interfere with the working of the Service; copy, modify, or distribute any other person’s content without consent; use any automated means to access the Service and collect content for any purpose; harvest or collect information about others, including email addresses, without their consent; bypass measures used to prevent or restrict access to the Service; and/or attempt to profit from a natural disaster, a health or public safety concern, or a tragic event.
You agree that you will not: Use or attempt to use another user’s Account without authorisation from such user;Pose as another person or entity;Claim an Everclime username for the purpose of reselling it or otherwise engage in name squatting;Access the Service from a new address if we’ve blocked any of your other addresses from accessing the Service; Distribute spam or unwanted content; Use the Service in a manner that could damage, disable, overburden, or impair the functioning of the Service;Bypass or ignore instructions that control access to the Service; Use any data mining, robot, spider, crawler, or any other automated means not authorised by us to access the Service, extract data, or interfere with the rendering of Service pages or functionality; Reverse engineer, duplicate, decompile, disassemble, or decode any aspect of the Service, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any service, area, or code of the Service; Sell or resell the Service or attempt to circumvent any Everclime fee systems; Engage in behaviors that have the intention or the effect of artificially causing an item or collection to appear at the top of search results, or artificially increasing metrics that Everclime might use to sort search results;Use the Service or data collected from our Service for any advertising or direct marketing activity; Use the Service for money laundering, terrorist financing, or other illicit finance; Use the Service to carry out any financial activities subject to registration or licensing; Use the Service to create, or deal in, financial products (as defined in Australian Corps Law); Use the Service to engage in price manipulation, fraud, deal in stolen items, or otherwise deceive; Create or display illegal content;Create or display digital content or media items that promote suicide, self-harm, hatred or violence;Use the Service for any illegal or unauthorised purpose; orUse the Service in any manner that could interfere with, disrupt the Service experience of other users. We reserve the right to take appropriate action or legal action for any illegal or unauthorised use of the Service. We have the right to fully cooperate with any law enforcement authorities or court order related to the Service, and it’s users.
Important: You waive and hold harmless Everclime and its affiliates, licensees and service providers from any claims resulting from any action as a result of any investigation by any law enforcement authority.
Assumption of risk when purchasing
You accept and acknowledge that: The value of a Digital Certificate or item as is available for purchase on the Service is subjective. RRP Price of Digital Certificates are set by Everclime and its partners. You acknowledge that the value of your purchased Digital Certificates may fall to nil value.The regulatory regime governing blockchain technologies, tokens, cryptocurrency, and other crypto-based items is uncertain: current or new regulations may materially adversely affect the Service and the utility of tokens.You are solely responsible for determining what, if any, taxes apply to your transactions. Everclime is not responsible for determining the taxes that apply to your token trading activity.There are risks associated with purchasing Digital Certificates including but not limited to the risk of purchasing mislabeled items, items that are vulnerable to metadata decay, items on smart contracts with bugs, and items that may become untransferable.You represent and warrant that you have done sufficient research before making any decisions to sell, obtain, transfer, or otherwise interact with any Digital Certificates or accounts/collections.We do not control the public blockchains that you are interacting with and we do not control certain smart contracts and protocols that may be integral to your ability to complete transactions on these public blockchains. Additionally, blockchain transactions are irreversible and Everclime has no ability to reverse any transactions on the blockchain.There are risks associated with using Internet and blockchain based products, including, but not limited to, the risks associated with hardware, software, Internet connections, malicious software, and third parties’ obtaining unauthorised access to your wallet or Account.
Fees and Service
Service content and IP
Important: Everclime’s name, logo, trademarks, and any Everclime product or service names, designs, logos, and slogans are the intellectual property of Everclime or our affiliates or licensors and may not be copied, imitated or used, in whole or in part, without our prior written permission in each instance.
Important: You may not attempt to discover any source code contained in the Service. You agree not to reproduce, copy or exploit for any purpose any aspect of the Service including its “look and feel” (e.g., text, graphics, images, logos, page headers, button icons, and scripts), proprietary content, information and other materials. You may not use any metatags or other “hidden text” utilising “Everclime” or any other name, trademark or product or service name of Everclime or our affiliates or licensors without our prior written permission.
We reserve all rights in connection with the Service and its content, including the exclusive right to create derivative works.
All third-party trademarks, trademarks, and product names that are not Everclime mentioned on the Service or contained in the content displayed on the Service are the property of the respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable intellectual property rights holder.Reference to any products, Service, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by Everclime.
By using the Service in conjunction with creating, submitting, posting, promoting, or displaying content, or by complying with Everclime’s metadata standards in your metadata API responses, you grant us a worldwide, non-exclusive, conditions-free license to use, copy, modify, and display any content, including but not limited to text, materials, images, files, communications, comments, feedback, suggestions, ideas, concepts, questions, data, or otherwise, that you submit or post on or through the Service for our current and future business purposes, including to provide, promote, and improve the Service. This includes any digital file, art, or other material linked to or associated with any Digital Certificates or digital items that are displayed on the Service.
You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any content that you create, submit, post, promote, or display on or through the Service. You represent and warrant that such content does not contain material subject to copyright, trademark, publicity rights, or other intellectual property rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant Everclime the license described above, and that the content does not violate any laws.
Everclime will take down works in response to validated intellectual property infringement claims. If you believe that your content has been copied in a way that constitutes copyright or trademark infringement, or violates your publicity or other intellectual property rights, please contact us via email, at the address provided on this Website.
For us to process your infringement claim regarding content on the Service, you must be the rights-owner or someone authorised to act on behalf of the rights-owner. When you contact us, you must include: Identification of the copyrighted work(s), trademark, publicity rights, or other intellectual property rights that you claim is being infringed;Identification of the allegedly infringing material that is requested to be removed, including a description of the specific location (i.e., urls) on the Service of the material claimed to be infringing, so that we may locate the material;Your contact information – at a minimum, your full legal name and email address;A declaration that contains all of the following:A statement that you have a belief that use of the material in the manner complained of is not authorised by the intellectual property rights owner, its agent, or the law;A statement that the information in the notice is accurate;A statement that you are authorised to act on behalf of the intellectual property owner of the intellectual property that is allegedly being infringed;and Your physical or electronic signature.
Reliance on Information Posted.
The information presented on or through the Service is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Service, or by anyone who may be informed of any of its contents. The Service may include content provided by third parties, including materials provided by other users, bloggers and third party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Everclime, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Everclime. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Service
Information About You and Your Visits to the Service
Third Party Activity Providers and Rewards Providers The Services allow you to purchase Impact Certificates where the associated Impact Activities are conducted or procured by various Third Party Activity Providers. Digital Certificates may also include certain Rewards which are provided by third party Rewards Providers. Everclime will help facilitate transactions with Third Party Activity Providers and Rewards Providers as applicable, but you acknowledge and agree that: Everclime is not a party to the transactions between you and any Rewards Provider with respect to any Reward; the availability of any particular Third Party Activity Providers, Rewards Provider, Carbon Credit, Impact Activity or Reward through our Service is not an endorsement, recommendation or sponsorship or such Third Party Activity Providers, Rewards Provider, Carbon Credit Impact Activity or Reward by Everclime; Third Party Activity Providers and/or Rewards Providers may experience business disruptions that render them unable provide Carbon Credits, Impact Activities and/or Rewards; and it is not possible for Everclime to verify the accuracy or completeness of all information it obtains from or about Third Party Activity Providers and Rewards Providers; and Everclime is not liable for any failure of a Third Party Activity Providers or Rewards Provider with respect to any Impact Activity or any Reward. Impact Activity Everclime will use commercially reasonable endeavours to procure that the amount of Impact Activity provided for in an Impact Certificate purchased by you (e.g. a certain weight of kelp plants are planted) is carried out by transacting with reputable Third Party Activity Providers who carry out or procure such activities. Everclime will purchase from the Third Party Activity Provider the amount of Impact Activity specified in the Impact Certificates, but Everclime cannot verify and provides no warranty that such Third Party Activity Providers have or will undertake the relevant Impact Activity. Everclime has no liability to you or any other person should the Third Party Activity Provider fail to carry out or procure the relevant Impact Activity. If for any reason Everclime is unable to purchase the Impact Activity from the Third Party Activity Provider specified in the Impact Certificate (eg. if the Third Party Activity Provider ceases operations), Everclime will use commercially reasonable endeavours to purchase similar Impact Activity from an alternative Third Party Activity Provider of its choosing at its sole discretion. Rewards Any Rewards offered as part of a Digital Certificates are subject the additional terms and conditions of the Rewards Provider of the relevant Reward. When purchasing a Digital Certificates with an associated Reward, you warrant and represent that you have read, understood and agree to the terms and conditions of the Rewards Provider related to the relevant Reward. Everclime has no liability whatsoever with respect to any failure of the Rewards Provider to provide the Reward or otherwise with respect to the Reward in any way.
Links from the Service
If the Service contains links to other sites, applications and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites, applications or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites, applications or resources linked to the Service, you do so entirely at your own risk and subject to the terms and conditions of use for such websites, applications or resources.
Third Party Payment Service
Legal and Financial
Everclime is an Australian based business complies with all Australian laws. Where you are permitted to use the Service in another country as provided for in these terms, you acknowledge and agree that you are contracting with an Australian based business. We operate under a Corporate Authorised Representative status from Australian Financial Services License: AFSL 298851 (Shepherd Gray P/L). You acknowledge and agree that you have Consumer Rights under Australian Law. Activity on the Service falls under ACCC Regulatory oversight; you have the opportunity to obtain independent legal and financial advice from appropriately qualified professional advisers and that you take into account your personal objectives, financial situation and needs before buying an item via our Service. You acknowledge and agree that items sold via the Service are not financial products. You understand and acknowledge that: the Digital Certificates for sale in the Service are not offered as Investments; the Digital Certificates in the Service have no rights concerning Everclime; the Digital Certificates in the Service will not change in value in the event that any wholesale commodity changes in value following purchase; the Digital Certificates in the Service are not designed to be used to make payments for any product or service other than as outlined in the Digital Certificates description; and the Digital Certificates in the Service are not designed to be converted to cash to enable completion of any payment. You acknowledge that under Australian law any goods purchased from the Service are not financial products.
We make no claims that the Service or any of its content is accessible or appropriate outside of Australia. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside Australia, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that the Service or any of its contents will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial of service attack, viruses or other material that may infect your equipment or data due to your use of the Service or items obtained via the Service or any website, application or resource to which it is linked. Your use of the Service, and – except as stated by Everclime – items purchased through the Service, are provided on an ‘as is’ basis without warranties of any kind, at your own risk. We make no representations with respect to the completeness, security or reliability of the Service and its content. Everclime does not represent that the Service will be error-free or uninterrupted, nor that defects will be corrected or that viruses and harmful material will be removed. You accept that the Service may not meet your needs and expectations. Everclime disclaims all warranties of any kind including but not limited to any warranties of merchantability, non-infringement and fitness for purpose. The foregoing does NOT affect any warranties which cannot be excluded or limited under Australian law.
Limitation of Liability
Without limiting any rights that you may have under the Australian Consumer Law, Everclimes liability to you for any failure by Everclime to comply with any statutory guarantee under the Australian Consumer Law is limited to Everclime supplying the Service again or paying you the cost of having the Service supplied again. Everclime excludes any liability to you for any loss or damage suffered by you as a result of Everclime failing to comply with an applicable statutory guarantee under the Australian Consumer Law if you suffering such loss or damage was not reasonably foreseeable and was not directly caused by Everclime. We offer a 14-day moneyback guarantee on all purchases. Our hassle-free, 14-day refund policy means that if you are not satisfied, for any reason, we’ll work with you to make sure you’re happy, even if that means a full refund. To obtain a refund, please follow these steps: 1. Contact us via email at email@example.com or such other email address as specified on our Website within 14 days of your purchase;2. Tell us why you want a refund; and3. Give us the opportunity to make it right or correct the problem for you. If you still aren’t satisfied, we will issue a full refund without further delay. Our refund policy does not replace your rights under Australian Consumer Law.
License to use the Service
Governing Law and Jurisdiction
You agree that Everclime may bring suit in any court of competent jurisdiction in order to enjoin infringement or other misuse of Everclime’s or its affiliates or licensor’s intellectual property rights.
Limitation on Time to File Claims
Waiver and Severability
Notices, Questions or Concerns
All notices, comments, requests for support and other communications relating to the Service, or Everclime, should be directed by email to Everclime via the email address provided on the Website or in the App.Advice and InformationWe may give you advice, recommendations, information or assistance in relation to products on our Service, their use or application. We give that information to you in good faith, believing it’s accurate, appropriate and reliable at the time but we don’t give any warranty of accuracy, appropriateness or reliability. Information and advice we give is general in nature and is not intended to constitute or substitute for professional advice. You should seek appropriate professional advice if necessary. We won’t accept any liability or responsibility (including liability for negligence) for any loss suffered because of your or any other person’s reliance on information or advice we provide on our Service, unless otherwise required by law.
This document was last reviewed: 09/08/23