Terms and Conditions


Definitions

"Customer" means the person(s) or company whose order for the Services is accepted by Greenfiniti.
"Greenfiniti" means “Greenfiniti Consulting and Investment”.
"Services" means any goods or services that Greenfiniti is to supply to the Customer.
"Website" means Greenfiniti.com, and Greenfiniti.eu


General

It is important that you consider the following terms and conditions before using or accessing Greenfiniti’s website. Please read them carefully. By accessing or using any part of Greenfiniti’s website or any of the products or services offered by or through this website, you agree to be bound by the following terms and conditions of use.

These terms and conditions of use may be changed at any time by Greenfiniti without notice. Your continued access and use of these websites will mean that you agree to be bound by the most current version of the terms and conditions of use. Please check these terms and conditions periodically for any changes.

Greenfiniti provides a variety of on-line sites, systems, resources and services (collectively the “Services"), which we constantly seek to improve and enhance. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the terms of use. Greenfiniti reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

You agree that Greenfiniti shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. You understand and agree that the Service is provided “as-is” and that Greenfiniti assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

Although Greenfiniti endeavors to provide accurate information, Greenfiniti does not guarantee the accuracy, completeness, fitness for a particular purpose or non-infringement of proprietary rights regarding any information, materials or other documents, which are on, or referenced by, or linked to, Greenfiniti’s website. Neither will Greenfiniti be held responsible for incorrect information or typographical errors.

Greenfiniti shall not be responsible or liable, directly or indirectly, for the accuracy, content, timeliness, completeness, legality, reliability, quality, suitability or decency of any information, advice, content, service, product or merchandise contained on Greenfiniti’ website or sites linked to or from Greenfiniti’s website.

Under no circumstances will Greenfiniti or any of its officers, directors, partners, employees, affiliates, agents, sponsors, endorsers, advisors, licensors, or any other party involved in creating, producing, or distributing Greenfiniti content be liable for any direct, indirect, incidental, special, or consequential damages (including but not limited to loss of profits, goodwill, use data or other intangible losses) that result or arise from (a) the use of and reliance on Greenfiniti’s website or the information thereon, (b) the inability to use Greenfiniti’s website, (c) mistakes, omissions, interruptions, suspension, termination, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance with respect to Greenfiniti’s website, including without limitation to those that result from acts of God, communications failure, theft, destruction, or unauthorized access to Greenfiniti’s records, programs, or service, (d) merchandise, products, or services received through or advertised on Greenfiniti’s website and merchandise, products, or services received through or advertised on any links provided on Greenfiniti’s website, (e) information or advice received through or advertised on Greenfiniti’s website and information or advice received through or advertised on any links provided on Greenfiniti’s website and (f) any information, data, text, messages and other materials that you email, post, upload, reproduce, transmit or otherwise distribute using Greenfiniti’s website.

Because some jurisdictions do not allow the restriction, exclusion or limitation of liability for, in such jurisdictions liability is limited to the fullest extent permitted by law.

If you are dissatisfied with any portion of Greenfiniti’s website, or with any of these terms of use, your sole remedy is to discontinue using Greenfiniti’s website.

Greenfiniti makes no warranty that (1) the Service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected.

Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results form the download of any such material.

No advice or information, whether oral or written, obtained by you from Greenfiniti or through or from the service shall create any warranty not expressly stated in the terms of service.

Greenfiniti shall not be liable for any damage, loss or expense resulting from the failure to give advice or information or the giving of incorrect advice or information whether or not due to the negligence of the Greenfiniti, its employees, agents or subcontractors.


Proprietary Rights

All proprietary rights in the Service and any necessary software used in connection with the Service or this Website ("Software") are owned or licensed for use by Greenfiniti. This Website is owned and operated by Greenfiniti and except as otherwise specified, Greenfiniti owns all materials appearing on the Website, including the text, site design, logos, graphics, and images, as well as the selection, assembly and arrangement thereof. The Service and Software contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Greenfiniti or advertisers, you agree not to copy, modify, rent, lease, loan, sell, distribute, display, perform or create derivative works based on the Service or the Software, in whole or in part. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Greenfiniti for use in accessing the Service.


Trademark Information

Greenfiniti, its logos, products, services and names are trademarks (the Greenfiniti Marks) of Greenfiniti Consulting and Investment. You agree not to display or use in any manner the Greenfiniti Marks without prior permission from Greenfiniti. Greenfiniti respects the intellectual property of others, and we ask our users to do the same.


Non-commercial Reproduction

Information on this site has been posted with the intent that it be readily available for personal and public non-commercial use and may be reproduced, in part or in whole and by any means, without charge or further permission from Greenfiniti. We ask only that:

• Users exercise due diligence in ensuring the accuracy of the materials reproduced;

• Both Greenfiniti and our Website be identified as the source; and,

• The reproduction is not represented as an official version of the materials reproduced, nor as having been made in affiliation with or with the endorsement of Greenfiniti.


Commercial Reproduction

Reproduction of materials on this site, in whole or in part, for the purposes of commercial redistribution is prohibited except with prior written permission from Greenfiniti. To obtain permission to reproduce materials on this site for commercial purposes, please contact: corporate@greenfiniti.com


Third-party Materials

Some of the materials and graphical elements found on Greenfiniti’s website may be subject to copyrights held by other organizations.


Orders

All orders are accepted by Greenfiniti subject to and in accordance with the following Conditions of Sale, which override and exclude any other terms stipulated or incorporated or referred to by the Customer during any negotiations or in any course of dealing between Greenfiniti and the Customer.

All prices quoted include sales taxes and other local levies in accordance with applicable laws. While the calculators work in a highly differentiated manner, they also apply default and average values that might potentially differ from the actually produced emissions and their effects on climate in their precise amount.

By completing a transaction, Greenfiniti commits itself to use all reasonable means and to comply with relevant best practices in order to save emissions for the amount of greenhouse gas indicated by the purchaser, and to cancel the respective CERs in the official registry of the Kyoto Protocol, and/or to cancel the respective VERs in corresponding registries. This provides the evidence for the permanent reduction of emissions.

On purchase of a Greenfiniti carbon credits, Greenfiniti will provide reasonable proof of actions, taken no later than 90 days after the purchase, intended to offset the promised quantity of carbon emissions. This proof of actions may include certification by a third party.

If no appropriate climate protection projects that conform to the desired standard can be found or signed upon receipt of payment, the search for projects can be continued for a period of up to two years. Despite the fact that Greenfiniti only select projects whose implementing partners are regarded as trustworthy, a partner’s definite success in reducing emissions cannot be guaranteed by Greenfiniti.

The validation and verification of the projects are effected by UN-accredited monitoring organisations (designated operational entities), for whose activities Greenfiniti is not liable. Greenfiniti shall not be liable to the Customer in any manner or be deemed to be in breach of these Conditions of Sale because of any delay in performing or any failure to perform any of the Company's obligations under these Conditions of Sale if the delay or failure was due to any cause beyond the Company's reasonable control (which shall include, but not be limited to government actions, war, fire, explosion, flood, acts of terrorism, import or export regulations or embargoes, labor disputes or inability to obtain or a delay in obtaining supplies of Goods or labor). The Company may, at its option, delay the performance of, or cancel the whole or any part of a Contract.

Greenfiniti reserves the right to decline to trade with any other company or person. Customers are responsible at their expense for obtaining any license and complying with any export regulations in force within this country and the country for which goods are destined.


Disclaimer

Greenfiniti is not liable for the advent of reduction of a definitely provable amount of greenhouse gas emissions, but contributes to the reduction of emissions within the scope of its projects. The responsibility for the proof of the emissions savings lies ultimately with the accredited operational entities.


Choice of law, Mediation

The parties agree that any disagreement or dispute relating to this agreement, or consequential upon its interpretation or application, will be subject to mediation. (In this respect, the parties hereto are committing to take part in at least one mediation meeting by appointing a person with power of decision as a delegate to the meeting; the mediator will be designated by the parties). If no agreement is reached within 60 days of the appointment of the mediator, the dispute will be permanently decided by arbitration, to the exclusion of the courts, according to the laws of Ontario, Canada. The parties may at any time agree to extend such time limit before submitting the dispute to arbitration.

Unless the parties decide otherwise in an arbitration agreement, the arbitration will be conducted under the auspices of a single arbitrator in accordance with the rule of law and the provisions of the Ontario Arbitration Act. The arbitration award shall be final, enforceable and without appeal and shall bind the parties.


Severability clause – Section Titles

Beyond these terms and conditions, there are no further agreements between you and Greenfiniti. All residual statements in the documents distributed or made accessible to you are related to these terms and conditions or explain them, but without changing or complementing them. Inefficacy of one regulation of these terms and conditions does in no way affect the residual ones; they are to be complemented in the way that the intention of the parties expressed in the non-effective regulation is realized at best.

The section titles in the TOS are for convenience only and have no legal or contractual effect.


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