Our Terms
Please read these terms (“Terms”) carefully. They apply whenever you access this site, and/or purchase anything from Offset The Rest Limited (“Offset The Rest”, or “we” or “us” or “our”). Your use of this website implies your agreement and acceptance of these Terms. If this is not the case, then we request that you do not provide us with any personal details and that you exit the website.
- Purchasing carbon credits
Calculating your carbon emissions
We have endeavoured to ensure that the factors used to calculate your carbon emissions have been derived from reputable sources. Wherever possible we have used statistics, data and/or information provided by the New Zealand government, its Ministries and departments (or, for calculations relating to Australia or the United Kingdom, then by their respective governments, Ministries, and departments). As we have relied on statistics, information, and data provided by third party sources, we cannot guarantee that they are error-free, nor can we make any warranty as to the results that either you or we have obtained by using them; or to the accuracy, reliability, or currency of our calculators, our own calculations provided on our site or any other information provided to you.
If you have calculated your carbon emissions using the calculators provided on our website, we cannot accept any responsibility for any information included by you that is incorrect, incomplete, or inaccurate, and you acknowledge that if you include incomplete, incorrect, or inaccurate information, then the assessment of your emissions is likely to be incorrect.
Resale
Subject to clause 6 (Payment) below:
(a) we guarantee that your carbon credits have not already been sold by us to anyone else, nor will we resell them after we have sold them to you;
(b) the carbon credits we sell to you are for your own personal use. You must not resell them or transfer them to anyone else;
(c) once we have received payment for the carbon credits from you, we will annul them in the manner set out below.
Database
We maintain a database of carbon credits held in our portfolio, and we record every carbon credit sold to our customers. Subject to the Delivery clauses of this paragraph below, and clause 6 (Payment) below, your carbon credits will be annulled or cancelled in our database upon sale to you. Our database is conclusive evidence of the status of carbon credits that we sell. To ensure its authenticity and integrity this database will be independently audited from time to time.
A large proportion of our carbon credits are authenticated by The Gold Standard (“Gold Standard”) as being Gold Standard credits. The Gold Standard project method requires the use of renewable energy and energy efficiency technologies that promise sustainable development for the local community.
Gold Standard have set up a Gold Standard Registry where all Gold Standard credits bought and sold are recorded. We guarantee that we will advise Gold Standard (within 12 months of the date of sale) of those Gold Standard credits that have been annulled upon sale by us, (subject to the Delivery paragraphs of this clause below, and clause 6 (Payment)) and those annulments will be recorded in the Gold Standard Registry as well as our own database.
Projects
As each project that we purchase carbon credits from is able to produce only a finite amount of carbon credits, then the carbon credits that we sell may derive from one or more projects; are subject to availability and will change from time to time. Any reference to any project made by Offset the Rest does not amount to a promise that carbon credits from that project will be available at any time. Where applicable, we reserve the right to decide which carbon credits will be sold to you. Details of each project will be provided on our site.
Delivery
Due to the nature of the carbon credit market, it is sometimes necessary for Offset the Rest to purchase carbon credits before they are ready for immediate delivery and (if they are Gold Standard credits) before they have been fully certified by Gold Standard. If for some reason beyond our control, any Gold Standard credits we have sold to you subsequently fail to achieve official Gold Standard certification, your credits will be substituted and replaced by others that have been Gold Standard certified.
Gold Standard projects generate premium quality carbon credits due to the rigorous certification process every Gold Standard project must undergo. As such, Gold Standard credits are in scarce supply. At times we may encounter purchasing delays due to supply issues. Whenever you make a purchase from us, your funds will be deposited into a separate banking account that is used solely for this purpose. Should any purchasing delay occur, your funds will remain in this account until Offset the Rest is in actual receipt of the certified carbon credits. At that time we will annul the applicable tonnage in our database and transfer your funds out of that account.
No refund
To the extent allowed by law, no refund will be given once your carbon credits have been purchased by you and annulled in our database.
- Delivery
Once your payment is processed, your carbon credits (in the form of a certificate) will be dispatched to you by post within three working days to the postal address that you have provided to us.
- Third party suppliers and links to other sites
Third Party suppliers
We buy carbon credits from third party suppliers. We have made all reasonable efforts to ensure that we purchase these carbon credits from reputable suppliers. In purchasing carbon credits, including Gold Standard carbon credits, we have relied on the information provided to us by Gold Standard and our suppliers and, as such, we cannot make any warranty as to the accuracy, reliability, or authenticity of the information provided to us in relation to their projects or the carbon credits produced by them.
Links to other sites
Our site may provide links to other sites, over which we have no control. We are not responsible for these sites; we will not accept any liability for anything to do with these sites and we do not endorse any content (of any type) on these sites. Any relationship or transaction you enter into with any of these sites is not our responsibility.
Availability of our site
While we will try to have our site always available, we do not guarantee that it will always be available or fault free.
- Intellectual Property
The content of this site is the copyright of Offset the Rest. You must not copy it (except as a technical function of browsing or purchasing carbon credits). The brands and logos on this site are either the trademarks of Offset the Rest, Gold Standard or its suppliers. Offset the Rest does not claim to own any of the brands, logos, company names or product names of Gold Standard, or its suppliers. Offset the Rest is not related in any way to Gold Standard, other than being recognised as an approved retailer of its carbon credits. Nor is Offset the Rest related to or in any way connected with its suppliers, other than by way of purchasing carbon credits from them.
- Liability and Exclusions
Liability
To the extent allowed by law, we are not liable to you for any damages, losses, costs or expenses resulting from your use of, or inability to use this site, or from your purchase of carbon credits from us. If, however, we are ever liable to you, and we cannot rely on this exclusion of liability, then:
(a) the maximum combined amount we will have to pay you for all damages, losses, costs and expenses under whatever causes of action, whether in contract, tort or otherwise will not exceed the amount paid by you, if any, for accessing or purchasing from this website but;
(b) we will never be liable to you for any indirect, special or consequential loss or damage, including loss of profit, loss of reputation, or other economic loss or damage.
Exclusions
Except as expressly set out in these Terms, we exclude all warranties which may be implied into these Terms, to the extent permitted by law.
Consumer Guarantees Act
This Act provides you with certain statutory remedies when you are purchasing goods and services as a consumer. If, however, you are purchasing from this site for the purposes of a business, you agree that the Consumer Guarantees Act 1993 will not apply.
- Payment
Payment
You agree to pay us for the carbon credits you purchase from us (including GST and any other applicable taxes or levies) at the price we advise you at the time you make your purchase. If you do not pay us, we will not issue a certificate to you for any carbon credits.
If your payment is dishonoured in any way following the issue of our certificate to you verifying the purchase of your carbon credits, then we reserve the right to invalidate the sale and cancel your certificate. Upon cancellation, the ownership of the carbon credits will immediately be Offset the Rest's and we may sell these carbon credits to anyone we choose.
Default Interest
If you do not pay us on time, we may charge you interest on any moneys outstanding after the due date for payment at the rate that is 5% above our bank’s standard business overdraft rate, and we may charge you any costs we or our agents incur in recovering money you owe (including legal costs on a solicitor-client basis).
- Privacy
Offset the Rest will not sell your personal information to other parties. However, we may hold and use information about you in order for us to:
(a) provide you with further information about our services and promotions;
(b) allow us, or others on our behalf, to enforce any of our rights under these Terms;
(c) obtain a credit check, or report a default if you do not pay us. If we do this, the information we provide the credit reporter about you may be used to update your records, and be given to others when they credit check you.
- Changes
We may change these Terms, the content on our site and our prices at any time.
- General
Law
These Terms shall be governed by and construed in accordance with the laws of New Zealand.
Force Majeure
We are not liable for any failure or delay in performing an obligation under these Terms to the extent the failure or delay is because of an event beyond our reasonable control.
No waiver
No delay or failure to exercise a right under these Terms prevents the exercise of that or any other right on that or any other occasion.
Severability
If any one of these Terms is unlawful and unenforceable, it will be severed from the remaining Terms and the rest of the Terms remain in force.
