terms and conditions
Eleos Initiative General Terms & Conditions
Eleos Initiative is the operating name of Eleos Initiative LLC (hereinafter referred to as “Eleos”). Eleos 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, “Eleos service”, “our service” or “the service” means the service provided by Eleos 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 Eleos and accepted in writing by the CEO of Eleos. Eleos 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 Eleos service, websites, and software applications, you are entering into a binding contract with Eleos as provider of the service.
The term “Eleos” refers to Eleos Initiative, LLC and its affiliates. The term “Customer” or similar references to the party using the Eleos services refers to you and/or the person using the Eleos services.
3. Eleos Service.
When using Eleos 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 Eleos 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 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 Eleos. You agree to use the Eleos 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 re-sale, or use (except as explicitly authorized in these GTCs) content and information contained on or obtained from or through the Eleos service, unless approved in writing by Eleos. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content in the Eleos service; or manipulate the content of the Eleos 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 Eleos, 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. Eleos reserves the right to unilaterally replace specified Carbon Units with other Carbon Units provided the replacement Carbon Units satisfies similar criteria such as price and quality. Eleos 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 Eleos, and such documentation is available upon request from you to the Eleos customer service. Parts of the Eleos 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 Delaware. These terms will not limit any consumer protection rights that you may be entitled to under mandatory laws. You and Eleos agree that any dispute, claim, or controversy between you and Eleos arising in connection with or relating in any way to these Agreements or to your relationship with Eleos 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 the our website or contact us at email@example.com In the event of any conflict between these GTCs and information provided by Eleos 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 Eleos customer we will also send you information about Eleos products and ongoing campaigns.
9. Warranty and disclaimer.
Eleos 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 endeavour to provide the best service we can, but you understand and agree that the Eleos 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, Eleos 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 Eleos nor any owner of content warrants that the Eleos service is free of malware or other harmful components. In addition, Eleos 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 Eleos service or any hyperlinked website, or featured in any banner or other advertising. You understand and agree that Eleos 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 Eleos service. No advice or information whether oral or in writing obtained by you from Eleos shall create any warranty on behalf of Eleos 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 Eleos service is to stop using the Eleos service. To the fullest extent permitted by law, in no event will Eleos, 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 Eleos service, third party applications, or third party application content, without regard to whether Eleos has been warned of the possibility of those damages, or (3) aggregate liability for all claims relating to the Eleos 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 Eleos 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 Eleos, the Agreements constitute all the terms and conditions agreed upon between you and Eleos 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 Eleos or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive Eleos’s or the applicable third party beneficiary’s right to do so.
Eleos may assign the Agreements or any part of them, and Eleos 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 Eleos 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 Eleos 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 Eleos, you consent to get access to Eleos services immediately.
16. Passwords & Account Access.
The Customer who created the Eleos account and whose Payment Method is charged (the “Account Owner”) has access and control over the Eleos 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 Eleos website and services and not through a hyperlink in an email or any other electronic communication not coming directly from Eleos, even if it looks official. We can terminate your account or place your account on hold in order to protect you, Eleos or our partners from identity theft or other fraudulent activity.
If you have any questions concerning the Eleos service or the Agreements, please contact Eleos by visiting our website and follow the instructions contained therein: eleosinitiative.com
ELEOS INITIATIVE DATA PROTECTION POLICY
1.INTRODUCTION. This Data Protection Policy (the “Policy”) sets out how Eleos (“we” and/or as defined in the GTCs) handle personal data in the Eleos services (as defined in the GTCs) and on associated websites, third party partner platforms and applications for desktops, tablets and mobile handsets (hereinafter referred to as the “Service”). By using the Service, you indicate your acceptance of this Policy. If you do not agree to this Policy, you are not permitted to access the Service and you should not do so. By personal data we mean information that can be used to uniquely identify a single person. If you have questions about this Policy please feel free to contact us by following the instructions on our website: eleosinitiative.com or by sending an e-mail to firstname.lastname@example.org
2. CHILDREN AND PRIVACY. We do not knowingly collect information from children under age 13. If you are under age 13, you are not permitted to use the Service. If you are 13 – 17 years of age, you may visit, browse and use the information on the Service but you may not register an account or submit any personal information. If you are 13 – 17 years old, by browsing, using or accessing the Service you confirm that you have the permission of a parent or guardian to do so. If you are a parent or guardian and believe that we may have inadvertently collected personal information from your child, please notify us immediately by following the instructions on our website: eleosinitiative.com or by sending an e-mail to email@example.com
3. COLLECTION AND USE OF PERSONAL DATA. When you register as a user for the Service at a Eleos website or through a third party partner platform, you may provide us with certain information that we store. When you use the Service, we may store information generated by your use of the Service, such as virtual emissions statistics for your user, activity in the Service, time of log-in, location of sessions if allowed by the device, what version of the Service you use, technical data such as your IP address, location information, and other similar information. If the Service is accessed via a handheld device we also store a number that uniquely identifies the device. Information that you add to your profile like your age may also be stored. If you reply to surveys that we have provided, or otherwise provide us with your personal data in response to our communications to you, the information you provide will be made anonymous unless otherwise specified. This information is used to provide the Service to you, to calculate settlement when acquiring actual emission quotas, to improve the Service, and, if provided by you in response to our communications, to provide you with special offers and promotions from Eleos or its partners. Your participation in any such special offer is completely voluntary.
4. LAWFUL BASES OF PROCESSING:
We primarily process your personal data so that we can fulfill our contractual obligations to you as well as to pursue our legitimate interest to run, maintain and develop our operations and to create and maintain customer and other business relationships. When choosing to use your data on the basis of our legitimate interests, we consider our own interests against your right to privacy and e.g. provide you with easy to use opt-out from our marketing communications. We also use anonymized and non-personally identifiable data when possible.
We may also process your personal data in order to comply with our legal obligations.
In some parts of the Services, you may be requested to grant your consent for the processing of personal data. In this event, you may withdraw your consent at any time. Please see section 12 for further information on how to exercise this and other rights.
5. SHARING INFORMATION WITH THIRD PARTIES. We will not share your personal data with third parties except in the following situations:
a) when you have given us consent to share such personal data. This can for instance be in relation Facebook, Twitter or similar social media (as further described in section 7 below) or other;
b) when necessary for billing purposes or other services/functions performed on our behalf, we share information with the billing provider or other vendor to facilitate billing or other services/functions, respectively. The payment information is stored by the billing provider and not by Eleos;
c) when we engage third parties to perform services on behalf of us in relation to the Eleos service, either companies that are affiliated with us or third parties. In such cases we will remain responsible for your personal data and ensure that all handling of the data will be in accordance with this policy and applicable laws; and
d) in response to legal process, such as a request by law enforcement, a court order or similar, or to protect the integrity of the Service if we believe that a user has committed unlawful or otherwise harmful acts.
e) when using Eleos services through a third party partner platform information may be shared with the Eleos partner to the extent necessary for Eleos and the third party platform partner to deliver the agreed services and for the third party platform partners’ own purposes.
We will never sell your personal data to third parties and except for as stated above we will never allow third parties to have access to your data for their own purposes unless you otherwise provide your consent. If all or part of Eleos is sold, merged or is otherwise transferred to another entity, the information you have provided on or through the Service may be transferred to such entity as part of that transaction.
6. COMMUNICATIONS. If you have provided us with your email address or your phone number, we will only use this information to communicate with you in matters relevant to the Service. Such information includes receipts for payment, information about changes in the Service, changes in the GTCs and this Policy. We will not use this information to send you information about third party services unless you otherwise provide your consent.Providing us with this information in response to our communications to you shall be considered consent from you to use this information to send you information about third party services. If the legal statuary requirements are met or if you have opted in, we will send you our newsletter and similar information. You can at any time give us notice that you no longer want to receive such communication.
7. SERVER LOG FILES. Usage of the Service may be logged in the server log files. These log files include the IP address of the device that accessed the Service together with the time of the use and which resource that was requested, as well as user identification information. The log file of the Service is used to create anonymous usage statistics that are used to settle with the owners of the content, to analyze the usage of the Service, and for the purposes of system administration.
9. INTEGRATION WITH THIRD PARTY SERVICES. Google Analytics: We may use Google Analytics from Google (Google Inc, US) on our web pages to create anonymous usage statistics. If you have concerns relating to the usage of Google Analytics, be informed that it is possible to block Google Analytics by installing a plug-in to your browser. A plug-in for the most common browsers can be found here: http://tools.google.com/dlpage/gaoptout
11. SAFEGUARDING OF PERSONAL DATA. We store your data in a secure manner on restricted and protected equipment. Only a limited number of personnel have access to this equipment and only persons with a legitimate reason have access to your personal data. While we take reasonable precautions for protection of personal data, no security measures are completely secure, and we do not guarantee the security of personal data.
12. RETENTION OF PERSONAL DATA. We will retain your personal information only for the period necessary to fulfill the purposes outlined in this policy. When it is no longer necessary to store the data it will be deleted or made anonymous in a safe and permanent manner or the access to it will be blocked to the extent that statutory data retention requirements apply.
13. YOUR RIGHTS. You have the following rights:
-The right to be provided with copies of personal information that Eleos AS hold about you at any time.
-The right to ask Eleos AS to update and correct any incorrect personal information held about you free of charge
-The right to request deletion or removal of your personal data where there is no good reason for us to continue processing the data. Note, however that we might have to continue processing some of the information in order to comply with legal requirements.
-The right to object to processing of your personal data where we rely on legitimate interest
-the right to opt out of any marketing communications that Eleos may send you
-The right to request transfer of your personal data to you or to a third party. Please note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
– The right to withdraw consent where we are relying on consent to process your personal data. Please note that this will not affect the processing activities carried out prior to your withdrawal of consent.
If you wish to exercise any of the above rights, please send you request to firstname.lastname@example.org
Our site allows you to connect with third party sites, such as Facebook and Twitter to share contents and pages. If you use any of these sites, please note that they will have their own privacy policies, which are entirely outside of our control. We do not accept any responsibility or liability for such policies. Please check these policies carefully before you submit any personal data to such sites.
14. DETECTION OF MISUSE OF THE SERVICE. If there is suspicion of misuse of the Service, we might combine data collected in accordance with this Policy with other information in order to investigate the extent of the misuse and who is responsible.
15. COMPLIANCE. We will at all times treat personal data as set out in this Policy and at all times comply with applicable data protection legislation and regulations.
16. NOTICES, CONSENTS & CONTACT. If you have questions regarding your data stored with us, its rectification or deletion, or would like to revoke any consent provided to us, object against certain uses or similar, please feel free to contact us at email@example.com.
17. AMENDMENTS TO POLICY. The Service is subject to constant improvement and future changes may influence what data we store and how we process it. This Policy might be updated to reflect such changes, changes in legal framework or improvements in how we handle personal data. Such changes or updates are effective immediately after we give notice of the change or update, which we may do by revising the “Date of Last Revision” date of this Policy or by otherwise posting on the Service, or by email or conventional mail, and/or by any other means which provides reasonable notice. Your use of the Service after such notice is posted means that you accept these changes or updates. You agree that Eleos shall not be liable to you for any damages that might result from any changes to this Policy, if any. The current version of this Policy can be found at our website: firstname.lastname@example.org
18. INTERNATIONAL USERS. Eleos may process information about its users on computers and servers located in a number of countries, any of which may be located outside of your state, province, country, or other governmental jurisdiction and where the privacy laws may not be as protective as those in your jurisdiction.
When transferring your personal data to jurisdictions outside the EEA we always ensure that your personal data receives an adequate level of protection and that we can ensure that your rights can be adequately exercised. We ensure this through at least one of the following safeguards:
The country where the data will be processed have been deemed to provide an adequate level of protection by the European commission
We use specific contracts approved by the European commissions which give personal data the same protections it has within the EEA.
TO THE EXTENT ALLOWED BY THE LAW OF THE COUNTRY IN WHICH YOU ARE LOCATED, YOU EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO REQUIRE US TO TREAT YOUR IDENTIFYING INFORMATION IN ACCORDANCE WITH THE LAWS OF ANY COUNTRY OR JURISDICTION OTHER THAN THE UNITED STATES.HOWEVER, THE FOREGOING WAIVER MAY NOT BE LEGALLY BINDING IN SOME COUNTRIES, SUCH AS THE MEMBER STATES OF THE EUROPEAN UNION.TO THE EXTENT IT IS NOT LEGALLY BINDING IN THE COUNTRY IN WHICH YOU ARE LOCATED, THIS FOREGOING WAIVER DOES NOT APPLY TO YOU.
Updated: 8 December 2020
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These User Terms only govern the use of the Eleos portal and are additional to any other agreement with us including, but not limited to the Eleos General Terms and Conditions.
Your agreement with Eleos
Definitions. Eleos: Eleos Initiative, LLC and its affiliates. Eleos services: Access to Eleos portal and in-portal acquirement of Carbon Quotas. Customer: the company that signs up for the use of Eleos services. User: Individual(s) who are authorized by the Customer to use Eleos services on behalf of the Customer.
Portal access and security. The User authorized by the customer will have access to the Eleos portal by using the security solutions chosen by Eleos. The customer warrants that the individual stated as a User of the Eleos services holds the necessary authorization(s) to complete in-portal transactions on behalf of the Customer.
Customer responsibility and Liability. The Customer and the user are responsible for ensuring that unauthorized persons do not gain access to the Eleos platform. The security solution should not be made known to unauthorized personnel or third parties. The Customer must at its own expense and risk acquire and maintain the equipment, software, and other access, including communication equipment, antivirus programs, and data lines that are necessary at all times to be able to use the Eleos platform. In the event that the Customer and/or User gains knowledge of or suspects that an unauthorized person has become acquainted with the security solution or that there is a risk of misuse for other reasons, the Customer must, without undue delay, block the security solution for use of the Eleos portal and notify Eleos. The Customer is responsible for transactions that have been completed with the correct security solution. The customer is not liable for the unlawful use of others that takes place after the security solution has been blocked for use of the Eleos portal. The Customer is nevertheless liable if the Customer or User has negligently or intentionally made the use possible. The Customer is also responsible for any User abuse.
Eleos Responsibility and Liability. Eleos is responsible for executing the transactions that the Customer initiates through the Eleos portal. Eleos is liable for losses due to gross negligent or intentional error by Eleos in the processing of the Customer’s transactions. Eleos´s liability is in any case limited to direct losses. Eleos is not liable for losses due to the Customer’s or Users’ incorrect use of the Eleos platform, including breaches of authorization. Eleos is also not liable for misuse caused by unauthorized persons gaining access to, or otherwise gaining possession of, the security solution. Eleos disclaims any liability for the use of Eleos services where specified system requirements are not met. Eleos is not liable for any loss due to hacking, virus attacks, spyware, etc. on the Customer’s equipment.
Retirement of Quotas transacted through the Eleos portal. Unless otherwise stated in any agreement between Eleos and you as a Customer, all Quotas transacted through the Eleos portal will be acquired and retired within 90 days from the date of transaction. Evidence of retirement will be made available within 30 days from the date of retirement.
Intellectual property. Access to the Eleos platforms entails no transfer of intellectual property. Software, user guide, logo or other material made available to the Customer and User through the Eleos portal remains the sole property of Eleos and may not be distributed, reproduced or in any other way be used for other purposes than using the Eleos services.
Electronic Communications. Eleos will send you information relating to the 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 the email address provided during registration.