These terms and conditions shall apply to the provision of Services and the sale of Carbon and Biodiversity credits to the applicable customer by Carbon New Zealand Ltd (NZBN 9429049537871) ("Climate Action Company") identified in a supplied quotation, proposal or statement of work document ("Customer"). The Customer accepts these terms and conditions by accepting the quotation, proposal or statement of work document.
Not agreeing to these terms will be treated as a rejection of the quotation, proposal or statement of work and no services or sale will be provided by Climate Action Company.
About the Terms and Conditions
The terms below apply to you when engaging Climate Action Company’s services and purchasing carbon and biodiversity credits, please read and understand them and agree to follow them throughout your journey.
You should visit this page from time to time and review the terms to ensure that you understand all the terms and conditions that apply to you. Your continued access to and/or use of our services indicates your acceptance of the revised terms of use.
Climate Action Company agrees to provide the Services to the Customer in accordance with this Agreement.
This Agreement includes these standard terms and the details set out in a Proposal or Statement of Work.
In the event of any express inconsistency, the provisions in the Quotation, Proposal or Statement of Work will prevail over these standard terms.
When using the terms ‘we’, ‘us’, ‘our’, or ‘Climate Action Company’ we are referring to Carbon New Zealand Limited (FSP1003009), which provides the services to you. We also use the term ‘CAC Nominee’ which refers to Carbon New Zealand Nominee Ltd, the entity that holds any carbon or biodiversity credits and money on bare trust for your beneficial ownership. When using the terms ‘you’ or ‘your’ we are referring to the Customer.
Table of Contents
About the Terms and Conditions
1. Our Services and Deliverables
2. Intellectual Property Rights
3. Assignments and Subcontracting
4. Terms of Carbon and Biodiversity Credit purchasing
6. New Zealand Emissions Trading Scheme Carbon Credits (NZU)
7. Your Responsibilities and Requirements
8. Fees, Payment Terms and GST
9. General Information about the Terms and Conditions
1. Our Services and Deliverables
The services provided by Climate Action Company to the Customer are outlined in a quotation, proposal or statement of work. Climate Action Company will provide these services in accordance with these terms in a professional manner upholding industry practices. Climate Action Company will abide by all New Zealand laws.
Climate Action Company will abide by any timeframes outlined in a quotation, proposal and statement of work and if we believe we cannot meet the outlined timeframes, we will notify the customer as soon as possible.
If a quotation, proposal or statement of work outlines obligations for which a customer is responsible, it is the customer's responsibility to ensure these obligations are met in accordance with the quotation, proposal or statement of work. Climate Action Company is not liable for missing timeframes if the customer has not upheld its outlined obligations.
2. Intellectual Property Rights
You accept that the text, graphics, logos, button icons, images, data compilations, and software displayed on the Climate Action Company website and in any other specified material, which includes promotional material, proposals or statements of work, quotations, or project reports are all subject to copyright and other intellectual property protection.
You cannot use, copy, modify, adapt, store, distribute, print, display, perform, publish, or redistribute any of our website or other specified material unless given prior consent by us. The website and specified materials may also contain images that are subject to the copyright of third parties.
You agree that you won’t use a robot, spider, scraper, or other unauthorized automated means to access the data or information on our website or in other specified materials for any purpose. You also agree that you won’t manually scrape, harvest, or otherwise extract material from our website and other specified materials without our express permission.
3. Assignments and Subcontracting
Climate Action Company has the right to subcontract third parties to complete deliverables that are outlined in any quotation, proposal or statement of work. The quotation, proposal or statement of work will explicitly state when a third party is being engaged to complete deliverables.
4. Terms of Carbon and Biodiversity Credit purchasing
Climate Action Company operates a registry accounting for the value of the credits you hold through CAC Nominee as well as any changes in ownership, newly certified credits and retired credits as per certification requirements.
All credits in your registry account will be held on bare trust for you by CAC Nominee.
CAC Nominee holds its interest in credits on bare trust for you as the ultimate beneficial owner.
CAC Nominee is a non-trading company that exists to hold our customers’ credits secure and separate from our own (although we may hold our own credits in the same account, as a customer).
CAC Nominee will never use credits or other property held for you for the benefit of itself, or any other person.
Climate Action Company will provide a sale and purchase agreement which will outline the purchase price and quantity for carbon and biodiversity credits and upon agreement to the terms outlined in this agreement, Climate Action Company will invoice the Customer as per the agreed terms.
The banks we use are independent of us, and we don’t accept responsibility for any default or delay in the distribution or receipt of money, as a result of their failure.
5. Voluntary Carbon Credits
Voluntary carbon credits (VCC) traded are issued in accordance with the methodology developed by each approved provider. One VCC represents the sequestration of one tonne of carbon dioxide equivalent. Each methodology may be amended from time to time. Climate Action Company is not liable for verification of the methodology.
VCCs are transferred to the registry by instruction of the landowner account holder. When the transfer occurs, the credits are held by the CAC Nominee on bare trust for the beneficial ownership of the transferring landowner account holder.
For VCCs issued by an approved provider, the approved provider maintains a central registry of credits issued. When the credits are transferred onto the Climate Action Company registry, the legal ownership on the central registry transfers to the CAC Nominee held on bare trust for the beneficial landowner.
At the request of the beneficial owner, VCCs may be transferred from the Climate Action Company Registry to an approved provider's central registry. The transfer may take up to 5 days to process.
A buyer of credits should read the methodology corresponding to each credit, and take independent advice, to ensure they understand the risks involved.
Climate Action Company is not liable for the destruction or other reversal of property attached to credits or a breach of the landowner’s obligations relating to the property attached to credits during the relevant sequestration period, beyond what is covered by the landowner buffer pool described in the methodology corresponding to each credit.
Remediation of credit reversals (usually by way of substitution of equivalent units) is otherwise the responsibility of the relevant landowner. If an adverse event has taken place which has resulted in a loss of carbon sequestration in the property attached to credits (e.g. due to forest fire, storm damage or insect activity) this may result in the credits being cancelled. Whilst the credit issuer maintains a buffer pool to provide some protection for this risk, in some circumstances there may be insufficient credits in the buffer pool to replace all of the affected credits, in which case the buyer will be unable to rely upon or trade such credits until replacement credits are earned as the forest recovers.
6. New Zealand Emissions Trading Scheme Carbon Credits (NZU)
New Zealand Emissions Trading Scheme carbon credits (NZU) traded are issued by the New Zealand Government in accordance with the Climate Change Response Act 2002. One NZU represents the sequestration of one tonne of carbon dioxide equivalent.
NZUs are transferred by instruction of the account holder, who owns units held on the New Zealand Emissions Trading Register. The customer is required to transfer the units to the CAC Nominee account on the New Zealand Emissions Trading Register. When the transfer is complete, CAC will credit the account holder's Climate Action Company registry account with the equivalent number of NZUs. The credits are held by CAC Nominee on bare trust for the beneficial ownership of the transferring account holder.
At the request of the beneficial owner, NZUs may be transferred from CAC to a New Zealand Emissions Trading Register account. We may charge a processing fee for the transfer. The transfer normally takes 5 to 10 days to process.
The legislation governing NZUs may change from time to time, Climate Action Company does not take any responsibility for loss or damages in relation to any changes.
7. Your Responsibilities and Requirements
By agreeing to these terms and conditions you are confirming that:
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You are 18 years old or above.
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The identity and payment information you have provided to us is true and accurate to the best of your knowledge.
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You are not acting on behalf of another person without prior authorisation.
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You agree that the terms of our privacy policy allow us to use your information.
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You must comply with the law when using our service.
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You accept all tax obligations in regard to buying and selling carbon credits, we accept no tax liability.
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You agree to indemnify us, to the maximum extent permitted by law, from and against all claims, damages, costs and expenses incurred (including reasonable professional fees) that arise out of, or otherwise relate to, your access and use of our services, any breach by you of these terms, and any information or documentation you have provided.
We must comply with the Consumer Guarantees Act and Fair-Trading Act and consumers have protections under these acts. These terms do not limit consumer rights (to the extent consumer rights cannot be limited).
8. Fees, Payment Terms and GST
The Customer must pay fees outlined in each invoice 14 days from the date of receiving the invoice unless other terms are agreed upon prior and appropriate notice is given under section 16 of these terms. Climate Action Company will only issue invoices to the Customer as per the terms of this agreement and any timeframes for invoicing outlined in a proposal.
If a proposal contains a deliverable that necessitates payment only once delivery has occurred, Climate Action Company can only invoice for this payment once the deliverable has been accepted by the customer.
A Customer can dispute an invoice but can only do so through the appropriate method outlined in section 19 of these terms. Following the resolution of an invoice dispute, the Customer must follow the payment terms outlined in section 9 of these terms.
8.1 GST
Unless otherwise agreed upon or stated, all amounts referred to in proposals are stated on a GST-exclusive basis.
9. General Information about the Terms and Conditions
You can contact us by emailing hello@climateactionco.com. Our physical address is 22 Timaru Creek Road, Rd 2, Lake Hawea, 9382, New Zealand.
We will use the email address you provide to communicate with you.
We can utilise the services of third parties. We may delegate any person to advise on or carry out any of the processes and rights outlined by our terms. We will deem the competency of any person we choose to advise or carry out the processes and rights outlined by our terms. We may transfer any of our rights and obligations under these terms in whole or in part to anyone. Any member of Climate Action Company is entitled to impose our terms, which apply to it as if it were a party to the contract, and we may assign, transfer, or subcontract any of our obligations and rights under these terms.
Complaints can be raised with us first by emailing support@climateactionco.com. If we cannot resolve the complaint, or resolve it to your satisfaction, then you can make a complaint to our independent external dispute resolution scheme, Financial Services Complaints Limited. Financial Services Complaints Limited can be reached at complaints@fscl.org.nz or via phone at 0800 347 257.
Our terms and conditions are governed by New Zealand law and the Courts of New Zealand have exclusive rights in the event of a dispute.
If any of our terms are not compliant with any law, then the law takes precedence. Some terms are also inferred by law. Our rights to these terms of service continue even if you cease access to our services.