Terms & Conditions for offsetting emissions through ClimateCare's online CO2 calculators
(Business/Retail)
1. Background to this agreement
1.1. This website is provided by ClimateCare, which is a business
unit of JPMorgan that funds projects with the specific aim of making
reductions in CO2 and other greenhouse gas concentrations in order to
reduce climate change. Your use of this web site and all calculators
contained therein constitutes your agreement to the terms and
conditions shown below, which may be subject to change from time to
time. If you do not agree with these terms and conditions then you are
not authorized to use this Web site, and specifically not the
calculators provided within.
1.2. You (the Purchaser) wish to
offset greenhouse gas emissions. By pressing the ‘Make Payment' button,
you are entering into an agreement with ClimateCare to provide services
to offset the emissions calculated using the information you have
provided.
2. Payment Terms of the Agreement
2.1. You understand that by entering into this agreement, you are
delivering a purchase order to ClimateCare and your credit card will be
charged for the amount of the purchase. All amounts payable under the
terms of this agreement are inclusive of UK VAT.
2.2. Upon
receipt of payment, ClimateCare undertakes to offset the CO2 emissions
specified and subject to this agreement. This offset will be
accomplished by ClimateCare financing CO2 offset projects and then
retiring or extinguishing the carbon emission reduction credits
generated by those projects, or if necessary, in the event that credits
from those projects are not available at the time, by ClimateCare
purchasing carbon emission reduction credits in the market and then
retiring or extinguishing them.
2.3. You will receive a
non-transferable certificate, sent by email, to demonstrate that the
emissions will be offset. The certificate does not evince carbon
neutrality or anything other than the retirement/extinguishment of the
specified number of carbon emission reduction credits. You will not
receive title to the carbon emission reduction credits achieved by any
of ClimateCare's emission reduction projects.
2.4. ClimateCare
undertakes not to offset a given carbon emissions reduction credit for
more than one party or to sell a carbon emission reduction credit to
more than one party.
3. CO2 calculations
3.1. ClimateCare's emissions calculations are based on best
available information and are used to determine an appropriate amount
of CO2 for carbon offset purposes.
3.2. The calculations are
subject to regular annual review to reflect best practice at the time
and may include any new information on the greenhouse gas emissions
from air travel or other sources of emissions. If this information
changes, ClimateCare holds no liability to offset any further emissions
from previous transactions.
3.3. ClimateCare offsets emissions
based solely upon figures provided by you and is not responsible for
the offset of any CO2 emitted from products, services or processes
outside the scope of those agreed or as a result of errors in your
reporting or calculations.
3.4. The monitoring of the CO2 offset
projects will be conducted to the standards required by JPMorgan’s
Environmental Markets Risk Committee.
3.5. ClimateCare will
produce an Annual Report, detailing a number of projects it has funded
over the previous 12 months, which will be available on its website.
Details of its projects will also be available on ClimateCare's website.
4. Your privacy
4.1. ClimateCare is part of the JPMorgan Chase & Co. group of
companies (JPMorgan) and may also be referred to in this statement as
"we" or "us". The personal data ClimateCare collects on this site may
be processed for purposes including:
a. Providing services to
offset greenhouse gas emissions (the Services), administering business
relationships and related services.
b. Compliance with any
requirement of law, regulation, associations, voluntary codes we decide
to adopt, or good practice, anywhere in the world.
c. Confirming and
verifying an individual’s identity (this may involve the use of a
credit reference agency or other third parties acting as our agents)
and to conduct due diligence. We may also screen against publicly
available government and/or law enforcement agency sanctions lists.
d. The detection, investigation and prevention of fraud and other crimes or malpractice.
e.
For the purpose of, or in connection with, any legal proceedings
(including prospective legal proceedings), for obtaining legal advice
or for establishing, exercising or defending legal rights.
4.2. The personal data may be disclosed:
a.
To any partner organisation, any organisation in our group of
companies, their agents, auditors, service providers, regulators,
governmental or law enforcement agencies or any person we reasonably
think necessary for the processing purposes outlined above.
b. To
actual or potential purchasers of parts of our business, and their
respective advisers and insurers, and in relation to the transfer of
our contractual rights and/or obligations.
c. If we or any person to
whom we disclose personal data otherwise have a right or duty to
disclose the personal data, or are allowed or compelled by law to do
so. For example, financial institutions and payments and messaging
service providers may from time to time be required, under subpoena or
otherwise, to provide certain transaction information to authorities or
other official bodies, whether located in the European Union or
overseas, to assist in the prevention of terrorism, money laundering
and other crimes.
4.3. JPMorgan operates globally and therefore
personal data may be processed and disclosed as described above in any
country in which we conduct business or have a service provider. This
may include some countries that do not provide statutory protection for
Personal Data.
4.4. ClimateCare may contact individuals by
e-mail to provide the ClimateCare newsletter unless an indication has
been given otherwise by unchecking the appropriate box when placing an
order.
4.5. To the extent permitted by applicable law, we may
record and monitor electronic communications to ensure compliance with
our legal and regulatory obligations and internal policies and for the
purposes outlined above.
4.6. Individuals about whom we process
personal data may request a copy of the personal data held in relation
to them by us. We may, where allowed by law, charge a fee for this. If
any personal data is found to be wrong, the individual concerned has
the right to ask us to amend, update or delete it, as appropriate. In
some circumstances individuals also have a right to object to the
processing of their personal data.
4.7. This privacy statement may change from time to time and should be reviewed periodically.
4.8. Cookies and Log Files
A
cookie is a text-only string of information that a website transfers to
the cookie file of the browser on your computer's hard disk so that the
website can remember certain information about you. This can include
which pages you have visited, choices you have made from menus, any
specific information you have entered into forms and the time and date
of your visit. Cookies cannot be used by themselves to identify you.
Two types of cookies are used on this website.
Session
cookies are temporary cookies that remain in the cookie file of your
browser until you leave the site. We use session cookies to:
a. carry information across pages of our site and avoid you having to re-enter information each time you enter a new page.
Persistent
cookies remain in the cookie file of your browser even after the
browser is closed. The length of time a cookie remains depends on its
lifespan. We use persistent cookies to;
b. help us recognise you as a unique user (just a number) when you return to our website
to remember what kind of user you are and which parts of the information available to you, you have shown an interest in
c.
collect and compile anonymous, aggregated information for statistical
and evaluation purposes to help us understand how users use the website
and help us improve the structure of our website.
No personal information is stored in our cookies.
Most
browsers are initially set to accept cookies. However, you have the
ability to disable cookies if you wish, generally through changing the
internet software browsing settings. It may also be possible to change
the settings to enable acceptance of specific cookies. Please refer to
the help section on your browser. If cookies are disabled it may mean
that not all services of a site, or indeed any, might be available.
For more information about cookies and how to disable them please visit www.allaboutcookies.org
As
is true of most websites, we gather certain information automatically
and store it in log files. This information includes internet protocol
(IP) addresses, browser type, internet service provider (ISP),
referring/exit pages, date/time stamp, and clickstream data. We use
this information, which does not identify individual users to us, to
analyze trends, to administer the site, to track users’ movements
around the site and to gather demographic information about our user
base as a whole. We do not link this automatically collected data to
personally identifiable information.
4.9. Customer choices regarding collection, use and sharing of Customer Information
By
using this website and becoming a Customer, each Customer agrees that
ClimateCare may collect, use and share information (as detailed in this
Policy) from and about the Customer. If a prospective Customer does not
agree to this Policy, it may not become a Customer.]
5. Arbitration, Governing Law and Limitation of liability
5.1. By using this website, you agree that ClimateCare may require
you to submit any dispute arising out of or in connection with your use
of this website, including a dispute as to the validity or existence of
these terms and conditions (“Dispute”) to arbitration in London. Such
arbitration shall be conducted in the English language by a single
arbitrator, pursuant to the rules of the LCIA.
5.2. By using
this website, you irrevocably submit to the exclusive jurisdiction of
the courts of England and Wales to support and assist the arbitration
process pursuant to the arbitration provisions set out in Clause 6.1,
including if necessary the grant of interlocutory relief pending the
outcome of that process.
5.3. These terms and conditions shall be governed by and construed in accordance with English law.
5.4.
No delay by ClimateCare in enforcing any of the terms or conditions of
this Agreement will affect or restrict ClimateCare's rights or powers
arising under this Agreement.