REFOREST TERMS AND CONDITIONS OF USE
About the Application
- Welcome to Reforest (the ’Application‘). The Application provides you with an opportunity to purchase the planting of trees in reforestation projects that have been listed through the Application (the ’Service‘). The Application provides this service by way of granting you access to the content on the Application (the ’Purchase Services‘).
- The Application is operated by Reforest Australia PTY LTD (ACN 629 970 467).
- Access to and use of the Application, or any of its associated Services or Purchase Services, is provided by Reforest Australia. Please read these terms and conditions (the ’Terms’) carefully. By using, browsing and/or reading the Application, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Application, or any of its Purchase Services, immediately.
- Reforest Australia reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Reforest Australia updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
- The Service available for purchase through the Application is the planting of trees in one of the reforestation projects listed in the Application, which you can select when making your purchase. Your purchase of the Service does not include any type of ownership or rights over:
- the trees planted
- the project site where the trees are planted
- any carbon offsets that may be generated by the trees planted.
- The tree planting Service will be performed within 6 months of the date that is advertised in the Application as the target tree planting completion date. You will be informed by email and/or notification within the Application when the tree planting has been completed.
- The number of trees you are offered to purchase in the Application is estimated to be sufficient to sequester the same total mass of carbon as the activity/purchase which you logged into the Application emitted in the form of CO2 equivalent emissions, over a period of time of up to 25 years.
- Reforest requires all reforestation projects listed in the Application to use established methods to forecast the amount of carbon sequestration they expect to achieve on average per hectare of project area planted.
- Reforest uses this level of carbon sequestration per hectare and the density of trees to be planted per hectare to calculate an average amount of CO2 per planted tree.
- Because it is normal and expected that some planted trees will not survive, reforestation projects plant a higher density of trees than are required to achieve full forest coverage and the target level of carbon sequestration. Loss of some planted trees does not compromise the level of carbon sequestration achieved by the project.
- When you purchase the Service, Reforest will make a reasonable attempt to contact the nominated retailer of the product/service that you used the Service for, and ask them to match your tree planting action.
- Reforest makes no guarantee that your retailer will respond or agree to our request that they match your tree planting.
- Reforest may at its sole discretion delay making contact with your retailer for any period of time until it decides it has accumulated enough purchases corresponding to a particular retailer to justify making contact with them.
- Reforest may also at its sole discretion make contact with other retailers and ask them to match your tree planting. In some cases, Reforest may provide you with the opportunity to select which alternative retailer you wish to match your tree planting.
- Reforest may also at its sole discretion offer to match your tree planting itself.
- When a particular retailer agrees to match your tree planting:
- Reforest will commission the reforestation project you selected to plant an additional number of trees that is equal to the number of trees you purchased, or, if that particular project has either already completed planting or run out of available tree allocation, Reforest will commission an alternative reforestation project to plant those extra trees.
- Reforest will seek to engage the retailer into an agreement which involves that retailer reducing their future carbon emissions. The nature of this agreement may vary by retailer and over time.
- Reforest will suggest to the retailer that they offer some kind of benefit or discount to you. Whether they do offer you any benefit or discount is completely a matter for the retailer’s discretion and Reforest takes no responsibility nor offers any guarantees that they will do so.
Acceptance of the Terms
You accept the Terms by using or browsing the Application. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Reforest Australia in the user interface.
Registration to use the Purchase Services
- In order to access the Purchase Services, you must first register as a user of the Application. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
- Email address
- You warrant that any information you give to Reforest Australia in the course of completing the registration process will always be accurate, correct and up to date.
- Once you have completed the registration process, you will be a registered member of the Application (‘Member’) and agree to be bound by the As a Member you will be granted immediate access to the Purchase Services.
- You may not use the Purchase Services and may not accept the Terms if:
- you are not of legal age to form a binding contract with Reforest Australia; or
- you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.
Your obligations as a Member
- As a Member, you agree to comply with the following:
You will use the Purchase Services only for purposes that are permitted by:
- the Terms;
- any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
- you have the sole responsibility for protecting the confidentiality of your password and/or email Use of your password by any other person may result in the immediate cancellation of the Purchase Services;
- any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Reforest Australia of any unauthorised use of your password or email address or any breach of security of which you have become aware;
- access and use of the Application is limited, non-transferable and allows for the sole use of the Application by you for the purposes of Reforest Australia providing the Purchase Services;
- you will not use the Purchase Services or Application for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Application;
- you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Application without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by Reforest Australia for any illegal or unauthorised use of the Application; and
- you acknowledge and agree that any automated use of the Application or its Purchase Services is prohibited.
Purchase of Service and Returns Policy
- In using the Purchase Services to purchase the Service through the Application, you will agree to the payment of the purchase price listed on the Application for the Service (the ’Purchase Price’).
- Payment of the Purchase Price may be made through one of the following third-party providers: Pin Payments, Stripe, Google Pay and Apple Pay (the ‘Payment Gateway Providers’)
Following payment of the Purchase Price being confirmed by Reforest Australia, you will be issued with a receipt to confirm that the payment has been received and Reforest Australia may record your purchase details for future use.
Reforest Australia may, at their sole discretion, provide a refund upon request. Please refer to the Reforest Refund Policy for details: https://www.reforest.com.au/refund-policy.
- Reforest Australia’s Services come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Service and compensation for any other reasonably foreseeable loss or You are also entitled to have the Service replaced if the Service fails to be of acceptable quality and the failure does not amount to a major failure (the ’Warranty’).
- Reforest will ensure that the number of trees you have purchased through the Service are planted. If all of your purchased trees are not able to be planted, for instance if the planned reforestation project does not go ahead, then Reforest will at its sole discretion either offer you a refund for the unplanted trees, or plant an equivalent number of trees (based on carbon sequestration calculations) in an alternative project. Reforest will inform you in such an event.
- You may make a claim under this clause (the ’Warranty Claim’) for any failure of the Service to be performed within 2 years from the date of purchase (the ’Warranty Period’).
- In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to Reforest Australia showing the date of purchase of the Service, a description of the Service and the price paid for the Service by sending written notice to Reforest Australia at L54, 111 Eagle Street, Brisbane, Queensland, 4000 or by email at firstname.lastname@example.org.
- Where the Warranty Claim is accepted then Reforest Australia will, at its sole discretion, either replace any failed Service or part thereof with a new or equivalent Service during the Warranty Period at no charge to you.
- The Warranty shall be the sole and exclusive warranty granted by Reforest Australia and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Service to which this warranty relates.
- All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.
- The Warranty does not apply to any other aspect of the Service, such as whether the planted trees survive beyond the date that they are planted.
Copyright and Intellectual Property
- The Application, the Purchase Services and all of the related services of Reforest Australia are subject to copyright. The material on the Application is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the Application (including text, graphics, logos, button icons, video images, audio clips and software) (the ’Content’) are owned or controlled for these purposes, and are reserved by Reforest Australia or its contributors.
- Reforest Australia retains all rights, title and interest in and to the Application and all related content. Nothing you do on or in relation to the Application will transfer to you:
- the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Reforest Australia; or
- the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
- a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
- You may not, without the prior written permission of Reforest Australia and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any This prohibition does not extend to materials on the Application, which are freely available for re-use or are in the public domain.
- You acknowledge that Reforest Australia does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Service other than provided for pursuant to these Terms.
- Reforest Australia will make every effort to ensure a Service is accurately depicted on the Application, however, you acknowledge that some aspects of the trees to be planted and the reforestation project selected may differ from what is displayed in the Application.
- Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
- Subject to this clause, and to the extent permitted by law:
- all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
- Reforest Australia will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
- Use of the Application, the Purchase Services, and any of the products and services of Reforest Australia is at your own risk. Everything on the Application, the Purchase Services, and the Services of Reforest Australia, are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Reforest Australia make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Reforest Australia) referred to on the Application. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
- failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
- the accuracy, suitability or currency of any information on the Application, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Application);
- costs incurred as a result of you using the Application, the Purchase Services or any of the Services;
- the Content or operation in respect to links which are provided for the User’s convenience;
- any failure to complete a transaction, or any loss arising from e-commerce transacted on the Application; or
- any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such
If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of Reforest Australia. Competitors are not permitted to use or access any information or content on our Application. If you breach this provision, Reforest Australia will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.
Limitation of Liability
- Reforest Australia’s total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Reforest Australia is the resupply of information or Purchase Services to you.
- You expressly understand and agree that Reforest Australia, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
- Reforest Australia is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Application or in connection with the Purchase Services, whether posted or caused by users of the Application of Reforest Australia, by third parties or by any of the Purchase Services offered by Reforest Australia.
- Reforest is not responsible and cannot be held liable if:
- Your trees are destroyed or do not survive after planting, including but not limited to causes such as natural thinning of planted trees and natural events (drought/fire/pests etc).
- Your trees do not sequester the expected volume of carbon as advertised in the Application. Reforest will take reasonable efforts to ensure projects provide reasonable estimates of the amount of CO2 equivalent carbon that the trees they plant will sequester on average, but is not liable if this level of sequestration is not achieved.
Reforest does not measure the actual level of carbon sequestration by the trees planted in a project, other than requiring the project to notify it in the event that the expected sequestration of that project changes.
When notified of such an expected change in the level of carbon sequestration, Reforest may at its sole discretion decide to commission additional tree planting and/or supplement your trees with replacement trees at another project of its choice.
- Your retailer does not provide any matched commitment to plant trees.
- You do not receive any offers of matched tree planting from either an alternative retailer or by Reforest itself.
- A retailer who has matched your tree planting does not fulfill any agreements they have with Reforest regarding their future carbon emissions.
- A retailer who has matched your tree planting does not provide any form of benefit or discount to you.
Termination of Contract
- The Terms will continue to apply until terminated by either you or by Reforest Australia as set out below.
- If you want to terminate the Terms, you may do so by:
- notifying Reforest Australia at any time; and
- closing your accounts for all of the Purchase Services which you use, where Reforest Australia has made this option available to you.
- Your notice should be sent, in writing, to Reforest Australia via the ’Contact Us’ link on our homepage.
- Reforest Australia may at any time, terminate the Terms with you if:
- you have breached any provision of the Terms or intend to breach any provision;
- Reforest Australia is required to do so by law;
- the partner with whom Reforest Australia offered the Purchase Services to you has terminated its relationship with Reforest Australia or ceased to offer the Purchase Services to you;
- Reforest Australia is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or
- the provision of the Purchase Services to you by Reforest Australia is, in the opinion of Reforest Australia, no longer commercially viable.
- Subject to local applicable laws, Reforest Australia reserves the right to discontinue or cancel your membership to the Application at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Application or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Reforest Australia’s name or reputation or violates the rights of those of another party.
- When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Reforest Australia have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities
- You agree to indemnify Reforest Australia, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
- all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Application;
- any direct or indirect consequences of you accessing, using or transacting on the Application or attempts to do so and any breach by you or your agents of these Terms; and/or
- any breach of the Terms.
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:
- Within 30 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
- If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
- The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation The Parties must each pay their own costs associated with the mediation;
- The mediation will be held in L54, 111 Eagle Street, Brisbane, Queensland, 4000, Australia.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
- Termination of Mediation:
If 30 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
Venue and Jurisdiction
The Purchase Services offered by Reforest Australia is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Application, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.
The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.