Last updated:  22 July 2022

 

Club Leaf B.V. and its affiliates (collectively, “we”, “us” or “Club Leaf”) provides the content and services available on the mobile application (the “App”) and/or website (collectively, the “Software”) to you (“you” or “User(s)”) subject to the following terms of use and our Privacy Statement and Cookie Policy which are incorporated by reference (collectively, the “Terms”). By accessing or using the Software, you are acknowledging that you have read, understood and agree, without limitation or qualification, to be bound by these Terms. This means that you agree to be bound by these Terms whether or not you choose to register an account. If you do not agree to these Terms, you should cease any and all use of and, where applicable, uninstall the Software. The Terms may be revised by Club Leaf from time to time.

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DESCRIPTION OF OUR SERVICES AND THE SOFTWARE

You can start off by using our App to calculate your CO2 footprint based on your lifestyle information which you provide to us. The CO2 footprint is based on calculation of the estimated greenhouse gas emissions caused by an individual, event, organization, service, place or product, expressed as carbon dioxide equivalent. This calculation is based on your lifestyle choices and is an estimation only. After calculating your CO2 footprint, the Software allows you to create an account and enjoy the advantages of the Club Leaf service. This service enables you to offset your CO2 footprint by earning or purchasing ‘Leaf’. Each Leaf you earn or purchase represents an amount of verified emission reductions (‘voluntary emission reduction’ or ‘verified emission reduction’; ‘VER’). With each Leaf you compensate your CO2 footprint.

 

On the website, Club Leaf will provide information on the CO2 offset purchases to demonstrate that the promised quantity of CO2 emissions have been reduced. This may include certification by an independent third party.

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CREATING AN ACCOUNT

You can access the Software and calculate your CO2 footprint without an account. Before you can earn or purchase Leaf to offset your CO2 footprint, you are required to create an account. You can create an account by completing the fields in which you need to insert your personal information.

 

You undertake to provide accurate information when creating an account and shall refrain from creating an account under the identity of a third party. You must keep your username and password secret and prevent third parties from accessing your email account or mobile phone. You are solely responsible for the confidentiality of your identifiers (email address and password) and agree to immediately notify Club Leaf of any unauthorized transactions associated with the Software or any other breach of security. In no event shall Club Leaf and/or any third party be responsible for any losses or damages arising out of or related to (i) unauthorized or fraudulent transactions associated with the Software or (ii) the loss or theft of information from your Club Leaf account.

 

PURCHASE OF LEAF

Leaf can either be earned or purchased. You can earn Leaf by completing challenges. Once earned or purchased, Leaf cannot be exchanged for money.

 

You have the option to purchase separate Leaf incidentally or to purchase a subscription for a fixed number of Leaf per month.

 

The following terms of sale apply to all orders placed through the Software:

 

a. Pricing:

All prices are quoted on the website and app include applicable sales taxes and levies in accordance with Dutch law (the law of Club Leaf’s jurisdiction). Taxes shall be applied to the billed amount and shall be based upon the region the order is to be delivered.

b. Eligibility:

To open an account, you must be (i) eighteen (18) years; or (ii) at least the age of majority in your jurisdiction of residence and from which jurisdiction you use the Software.

c. Purchasing:

To purchase Leaf, you can make payment on the Software by credit or debit card or other payment method offered by Club Leaf. After the purchase has been confirmed, you will receive a confirmation of purchase by email, your credit or debit card will be authorized and the total amount will be prepared for payment. Once the payment has been processed, your Leaf balance will be updated in your account on the Software.

d. Subscriptions:

When you purchase a subscription, Club Leaf will bill you in the amount stated at the time of purchase, using the payment method you have specified. Subscriptions begin as soon as you have completed registration, including payment confirmation. Subscriptions automatically renew each month unless you cancel the subscription. In the event that Club Leaf changes its pricing, it will give you at least 30 days’ notice prior to the change. You may cancel subscriptions at any time by accessing our payment service provider’s customer portal found on your profile page, or by contacting Club Leaf using the contact details at the bottom of these Terms. Cancellations are immediate; no notice period is required.

e. Subscription term, renewal and fees payment:

Leaf may be purchased on a subscription basis for the term specified by you. By submitting a subscription request, you hereby authorise us, either directly or through our payment processing service, to charge the applicable subscription fees via your selected payment method upon the date selected by you. These subscription fees are non-refundable. In the event of a failure to collect the subscription fees owed by you, we may retry to collect the subscription fees at a later time, and/or to suspend or cancel your account without notice. If we record a decline, chargeback or other rejection of a charge of any due and payable subscription fees, this will be considered a breach of your payment obligations to us and your account may be disabled or terminated until such time as the applicable subscription fees (including any fees and expenses incurred by us or third party service providers) have been collected.

f. Withdrawal:

If you change your mind about purchasing Leaf, you will have the right to withdraw from purchase within 14 days of the transaction. For more information on how to exercise this right, please check out the FAQ page on our website.

g. Discounts:

We may cancel any order and/or refuse to accept or redeem any promotion code, discount or offer that it believes to be fraudulent, improperly obtained or is not being redeemed by the intended recipient of the promotion code, discount or offer.

 

 

PUSH MESSAGES

The Software may offer the possibility to receive messages (“push messages” or “push notifications”) that may provide you with information on activities that are the subject matter of these Terms, including but not limited to messages about the Software, Leaf, Club Leaf, sub-contractors or partners of Club Leaf. By downloading and using the Software, you agree to receive push messages via the Software. Depending on the Device used to access the Software, such consent may be requested before any use of the Software. In all cases, push messages may be activated or deactivated by Users at any time at their sole discretion by manually changing the settings of the Software.

 

DELETING AN ACCOUNT

You have the option to delete your account from your profile page on the Software. Deleting your account will also automatically cancel any subscriptions which you may have.

 

USER LICENSE

Subject to these Terms, Club Leaf grants you a personal, non-exclusive, non-transferable, limited and revocable license (“User License”) to use the Software for personal use only on a phone, tablet, computer or other suitable device (each a “Device”) owned or controlled by you in accordance with these Terms. Any use of the Software in any other manner, including, without limitation, resale, transfer, modification or distribution of the Software or text, pictures, music, barcodes, video, data, hyperlinks, displays and other content associated with the Software (“Content”) is prohibited. These Terms and the User License also govern any updates to, or supplements for or replacements of, this Software unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply.

 

USER INFORMATION

Some functionalities of the Software may require the processing, transmission, storage and/or use of information generated and/or stored in the Software, in Club Leaf systems or provided by you in the Software or otherwise, including but not limited to personal data (hereinafter the “User Information”). You authorise Club Leaf and any necessary sub-contractors of Club Leaf to record, process, transmit, store and use such User Information when necessary for the Software functionality, for the purposes described herein and in accordance with the Privacy Statement.   

 

ACCEPTABLE USE

Use of the Software and the Content and any User Information collected, transmitted, processed, stored, used or analyzed in connection with the Software is limited to the contemplated functionality described above and shall be strictly subject to the conditions of acceptable use herein described: in no event may the Software be used in a manner that (a) violated these Terms; (b) harasses, abuses, stalks, threatens, defames or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights); (c) is unlawful, fraudulent or deceptive; (d) uses technology or other means to access Club Leaf or the content that is not authorized by Club Leaf; (e) uses or launches any automated system, including without limitation, "robots," "spiders,", “crawler” or "offline readers,"; (f) attempts to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (g) attempts to gain unauthorized access to the computer network or user accounts; (h) encourages conduct that would constitute a criminal offense, or that gives rise to civil liability, or that may otherwise damage the business of Club Leaf; (i) attempts to or does damage, disables, overburdens, or impairs Club Leaf’s servers or networks. Club Leaf reserves the right, in its sole discretion, to terminate any User License, terminate any User’s participation and/or assert legal action with respect to the Content or use of the Software when Club Leaf reasonably believes that the User is in violation of these Terms.

 

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Club Leaf, its employees, contractors, officers, and directors from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, expenses (including attorney's fees) that arise from your use or misuse of the Software or the violation of these Terms.

 

NO WARRANTIES

The Software is provided to you “as is” and you are using the software at your own risk. To the fullest extent allowable under applicable law, Club Leaf disclaims all warranties, whether express or implied, including any warranties that the software is merchantable, reliable, accurate, fit for a particular purpose or need, non-infringing or free of defects or able to operate on an uninterrupted basis, or that the use of the Software by you is in compliance with laws applicable to you, or that user information transmitted in connection with the Software will be successfully, accurately or securely transmitted.

 

NO LIABILITY AND FORCE MAJEURE

To the fullest extent allowable under applicable law, in no event shall Club Leaf (a) be liable to you with respect to the use of the Software; and/or (b) be liable to you for any indirect, special, incidental, consequential, or exemplary damages, including, without limitation, damages for loss of goodwill, lost profits, loss, theft or corruption of user information, the inability to use the Software or device failure or malfunction. Your sole remedy is to cease use of the Software. Only in as far as the applicable laws do not allow the limitation of liability as set forth above, the total liability of Club Leaf (except for death, personal injury, willful misconduct or gross negligence of Club Leaf’s management – in which cases no liability cap shall apply) shall be limited to an amount equal to the amounts received by Club Leaf from you in the twelve months preceding the incident that caused you damage.

Club Leaf will not be liable to you or deemed to be in breach of these terms due to any delay in performing or any failure to perform any of Club Leaf’s obligations under these terms if the delay or failure was due to any cause beyond Club Leaf’s reasonable control (which includes, but is not limited to, government actions, war, fire, explosion, flood, acts of terrorism, import or export regulations or embargoes, labour disputes, or inability to obtain or a delay in obtaining supplies of goods or labour). Club Leaf may, at its option, delay the performance of or cancel the whole or any part of a purchase.

 

MARKS, SOFTWARE AND CONTENT

The logos, trademarks, service marks, graphics, copyright and other intellectual property rights used in connection with the Software are trademarks or registered trademarks of Club Leaf, its licensors and/or contractors, respectively, all of which may not be copied, imitated or used, in whole or in part, without the prior written permission of the respective trademark owner. The Software and the content are or may be subject to protection by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights.

 

The Software provides its functionalities and CO2 calculation services at no charge. Apart from costs incurred relating to the purchase of Leaf (including subscriptions), Users may incur costs derived from the use of the internet or the data transfer over the network provider, such costs to be borne by the Users.

 

Club Leaf does not and cannot guarantee that the information contained or displayed on the Software is complete, correct, up to date and free of typographical errors at all times. However, the information on the Software has been compiled with the greatest possible care and Club Leaf endeavors to provide accurate and updated information, and uninterrupted error-free transmissions. The information on the Software is general and does not contain any advice.

 

Club Leaf reserves the right to take legal action in case of unsolicited advertising, such as spam electronic mails, and/or other acts and omissions relating to the Software.

 

GOVERNING LAW AND JURISDICTION

These Terms are governed by Dutch law, unless applicable mandatory law stipulates otherwise. For the purposes of any legal action arising out of or related to the use of the Software or these Terms, unless applicable mandatory law stipulates otherwise, you irrevocably consent to the exclusive jurisdiction of the competent court of ‘s-Hertogenbosch, the Netherlands.

 

TERM AND TERMINATION

These Terms are in full force and effect, commencing upon your use of the Software, and enduring until the you end use of the Software.

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CHANGES

Club Leaf reserves the right to change or modify these Terms or any other Club Leaf policies related to use of the Software at any time and at its sole discretion by posting revisions on the Software. Continued use of the Software following the posting of these changes or modifications will constitute acceptance of such changes or modifications.

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GENERAL

You acknowledge and agree that these Terms constitute the complete and exclusive agreement between us concerning your use of the Software, and supersedes and governs all prior proposals, agreements, or other communications.

 

We may, with or without prior notice, terminate any of the rights granted by these Terms. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Software.

 

Nothing contained in these Terms shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision.

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CONTACT AND DETAILS

If you have any questions regarding these Terms, or would like to contact us, including for complaints or claims, regarding the Software, please direct your inquiry to:

 

Club Leaf B.V., with registered office at 4823 GL, Asterdse Sluis 22, Breda, the Netherlands, DPO@clubleaf.com