Terms And Conditions
TERMS OF SERVICE
These Terms of Service ("Terms") govern your access to and use of BNZ Green's website, services, and applications (the "Services"). Please read these Terms carefully, and contact us if you have any questions.
By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, do not access or use the Services.
We may revise these Terms from time to time. The most current version will always be posted on our website. By continuing to use the Services after those revisions become effective, you agree to be bound by the revised Terms.
The Services are not intended for users who are under the age of 18. By using the Services, you represent that you are at least 18 years old.
You are responsible for safeguarding your account credentials and for any activities or actions under your account. You agree not to disclose your password to any third party.
We reserve the right to modify, suspend, or discontinue the Services (in whole or in part) at any time, with or without notice to you. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period.
TERMS AND CONDITIONS
1. Applicability
1.1 These terms and conditions govern the transaction of Carbon Credits on the BNZX Platform ("Terms of Carbon Credits"):
1.1.1 - These terms outline the comprehensive and exclusive conditions governing the provision of carbon credits by BNZX Marketplace to the User. These credits serve as evidence for offsetting greenhouse gas emissions and originate from certified carbon credits that have been retired, and then allocated to the User as part of a Transaction.
1.1.2 - These terms apply to Transactions conducted between BNZX and the User through websites, mobile applications, and any other digital portals operated by BNZX.
1.1.3 - These terms become effective when a Transaction is carried out through the Site, with the User electronically accepting that these Terms of Carbon Credits shall apply to the relevant transaction.
1.2 BNZX reserves the right to amend these Terms of Carbon Credits from time to time.
2. Purpose
The purpose of these Terms and Conditions is to provide the framework and conditions upon which the User can transact in carbon credits via the BNZX Marketplace. The following documents are hereby incorporated by reference into these Terms and Conditions, and each may be updated from time to time in our sole discretion:
a) Terms and Conditions
b) Privacy Policy (Please refer to the Data and Privacy Policy attached separately)
3. Eligibility
The BNZX provides a venue for Users to find, learn about, and purchase certified carbon credits from various projects. By shopping on the BNZX Marketplace, Users understand and agree that:
a) Users are at least eighteen (18) years old;
b) The user has the authority and capability to enter into a legal contract;
c) All payments are to be made through various payment gateways as mentioned on the platform.
d) All prices are in US Dollars;
e) While the User will pay the price shown on the website, BNZX will take proceeds from the User purchase price to cover the variable PayPal charges and administration costs for maintaining the platform and transparently retiring the credits.
f) After purchase, BNZX will retire the carbon credits on the User's behalf within 15 days from the end of the month of purchase. This is essential to ensure the credits are not recirculated or resold.
4. Types of User
For the correct development of its activity, the BNZX platform admits different types of Users.
4.1 Registered Users who voluntarily, or by legal mandate, decide to purchase carbon credits, to offset and/or neutralize their CO2 emissions and personal carbon footprint or that of the organization they represent through the platform.
4.2 Users who simply wish to finance and collaborate with environmental projects of great positive impact in the terms expressed above.
4.3 Users registered as promoters or developers of positive environmental impact projects whose projects have carbon credits recognized and validated by the highest international reputation standards such as the Gold Standard, or the Verified Carbon Standards well as other national registries. Also included in this category will be those developers of consolidated projects with a high positive environmental impact whose activity and environmental benefits are supported and promoted by highly credible and reputable institutions or organizations.
4.4 Registered Users who wish to use the services offered by the BNZ X Marketplace
5. Process
5.1 Through the Site, BNZX provides the opportunity for businesses (and, at BNZX's discretion, individuals) to enter into Transactions.
5.1.1 Determine the number of carbon credits the User needs to offset the User's carbon footprint.
5.1.2 Peruse the BNZX Marketplace for interesting projects.
5.1.3 Users must register on the platform and create an account, for which User must:
a) Provide accurate details and complete information including their name, email address, and other required details. Users can create an Account by using by logging into the User account".
b) The user must promptly update the User Account information with any new information that may affect the operation of the User Account.
c) Users authorize the company to conduct any necessary inquiries to verify their account information or the information provided through the platform. This may include the submission of document proofs or copies, as required by applicable law. Users acknowledge and accept the relevant policies, including those concerning service quality, confidentiality, user integrity, anti-harassment, and conflict of interest.
6. Fees and Pricing
The following is applicable when the User is purchasing Carbon Credits directly on the Platform:
6.1 Payments
6.1.1 For availing certain Services or purchasing Products via the Platform, the User shall pay the fees as per the quotation or price displayed on the Platform and/or third-party payment gateway.
6.1.2 The User will be redirected to a third-party payment gateway wherein the payment shall be made along with applicable taxes and other charges (including but not limited to credit cards, debit cards, internet handling charges, if any) as duly charged by such third-party payment gateway.
6.1.3 The User acknowledges that multiple payment options such as debit/credit card, net banking, Unified Payments Interface (UPI), etc. are made available at the time of making a transaction.
6.1.4 The User further agrees and acknowledges that the Company shall not be responsible or assume any liability in respect of any loss or damage arising directly or indirectly to the User due to any payment issues arising out of any transaction on the third-party payment gateway.
6.1.5 However, the Company reserves the right, but has no obligation, to facilitate and support the User in mutually resolving any transaction failure or such other payment issues faced by the User; provided however, that the User ensures and takes all reasonable efforts to immediately contact, co-operate with and notify Company regarding the payment issues faced by the User.
6.1.6 The Company reserves the right to amend the pricing, pricing bands, or structure in any transaction that falls within the purview of this Agreement from time to time for any reason whatsoever, subject to due notification of such amendment to the User (direct notification or via Company's Platform) and the User specifically disclaims any rights that vest upon him/her under any contract, law or equity in this regard.
7. Carbon Credit Quality Criteria
7.1 BNZX warrants to the User that:
7.1.1 the Carbon Credits retired on behalf of the User (as evidenced by their purchase of Carbon Credits) are voluntary carbon offset scheme certificates certified by one of the following schemes:
(a) Verra Verified Carbon Standard; or
(b) Gold Standard; and
7.1.2 to the best of its knowledge, each Carbon Credit that is referenced in a Transaction hereunder:
(a) is either the property of; and
(b) has not been transferred to, retired in the name of, replicated, or double-counted for the account of any other person in addition to BNZX.
7.2 The User acknowledges and agrees that BNZX makes no representation or warranty as to the efficacy, accuracy, or validity of the Carbon Credits, the underlying projects generating such Carbon Credits, or the reduction of greenhouse gas emissions resulting from such projects.
8. Platform License
8.1 Subject to User compliance with these Terms, Company grants User a License:
● to view any content of Platform solely for User personal and non-commercial purposes; and
● to access, modify, edit, and download any content, to which User is permitted access solely for User use. Users have no right to sublicense the license rights granted herein.
8.2 User will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Platform and Services, except as expressly permitted in the Terms. No licenses or rights are granted to User by implication or otherwise under any Intellectual Property Rights owned or controlled by Company or its licensors, except for the licenses and rights expressly granted in the Terms. The Platform and the Intellectual Property Rights vested therein are owned by the Company.
8.3 User agrees that this Platform and its Services are made available to User on a non-exclusive, non-transferable, non-sublicensable, and on a limited license basis, and hence, User will not permit, enable, introduce, or facilitate other persons to participate in availing Services from User Account, including others who may be subject to an agreement that is the same or similar to this Terms and Conditions.
9. Obligations to Be Complied by the Users of the Platform
9.1 General Obligations of the Users
9.1.1 Compliance of Terms and Conditions: The User undertakes to act by the terms and conditions and the requirements of good faith, using his/her utmost care, taking into account the nature and consideration of the service provided on the BNZX Marketplace
9.1.2 Appropriate usage of Platform: The User is obliged to make reasonable and appropriate use of the Platform and its contents, as well as the services offered through it according to the possibilities and purposes for which they are designed, without prejudice to specific obligations and conditions attached to the services that the User contracts through the Platform
9.1.3 Sole Responsibility of Information: The User is solely responsible for the information (including passwords), opinions, allusions, or content of any kind that can be communicated through the Platform, as well as their failure to comply with the policies and conditions contained in the Platform and the specific obligations and conditions attached to the services that the User contracts through the Platform.
9.1.4 Confidentiality: To keep confidential those matters (including invoices, and cancellation certificates issued with the seller and data provided by the Buyer at the time of transaction) that due to circumstances are not in the public domain, specifically, all information that appears in the non-public sections of the platform, if applicable, unless there is a legal obligation to proceed to its disclosure or communication, in which case such information may be disclosed to the extent that it is legally required, and in any case, the User shall notify such communication to BNZX as far in advance as possible.
9.1.5 Prohibited activities:
● Illegal use of the Platform, or any other way by which the site itself may be damaged, overloaded, or harmed.
● Introduce computer viruses, defective files, or host, store, distribute, or share any other material or computer program that may cause damage or alterations to the contents, programs, or systems of the Platform.
● Use or resell for unauthorized commercial purposes the contents included in the Platform without the prior authorization of BNZX
● Use or resell for unauthorized commercial purposes the contents included in the Platform without the prior authorization of BNZX
● Publish, distribute, or disseminate any information through the Platform, except that specifically authorized by BNZX by the provisions of the Platform.
10. Account Closure
BNZ Green reserves the right of admission and exclusion of the Platform. Any User who does not comply with the rules contained in these Conditions or the Conditions of Use may be excluded from the Platform.
11. Returns
11.1 Returns: All Transactions affected through the Site are final. BNZX will not accept any request to return Carbon Credits.
11.2 Central Registry: BNZX may but shall not be obliged to maintain any central registry or database of Carbon Credits it has issued to its Users. BNZX does not represent that its internal record-keeping to generate Carbon Credits has undergone any independent audit or certification.
12. Refund and Cancellation
12.1 Refund
12.1.1 Applicability of Refunds
a. Refunds are processed within 15 days of approval.
b. Refunds are issued for eligible cancellations and returns.
c. Refunds will only be provided by the cancellation policy.
d. In the event of an error in the payment for purchased carbon credits, such as an overpayment or underpayment, the platform's Admin will initiate the refund process upon noticing these errors.
e. If there is an error in the number of carbon credits at the time of settlement for purchased carbon credits, then the platform's Admin will cancel the trade and initiate the refund process upon noticing these errors.
12.1.2 Refund Methods:
Refunds will be issued to the buyer's original payment method.
12.1.3 Non-Applicability of Refunds
a. If a user decides to cancel the transaction after successful completion and acceptance of payment by the platform, they will retain access to the service until the end of their current billing cycle. However, no refunds will be issued for transactions that have been completed, excluding cancellations initiated automatically or by the Admin of the BNZX Platform.
b. There is no refund for retired carbon credits. Once the retirement process is initiated, it is considered final, and no refunds will be provided.
12.2 Cancellation
12.2.1 Cancellation Applicability:
● If the seller fails to settle the trade within T+ 2 days, the transaction is cancelled. The cancellation process in such cases will be initiated automatically by the system.
● BNZX reserves the right to cancel a trade if there is suspicion of fraud or any other irregular activity.
12.2.2 Non-Applicability of Cancellation
● Buyers cannot independently cancel a trade once the order is placed.
● Once a user initiates the retirement process, it cannot be cancelled. The retirement process is irreversible, and users are advised to carefully consider and confirm their decision before initiating retirement.
12.2.3 Exceptions:
● Exceptions may be considered for cancellations due to documented emergencies or unforeseen circumstances.
● Users must contact our customer support team and provide relevant documentation for consideration.
12.2.4 Cancellation Process:
● The cancellations are initiated by the BNZX Platform.
● Users will be notified of cancellations through the designated communication channels.
● For assistance, users may contact our customer support team at support@bnzgreen.io
12.3 Communication of Policy Changes:
● BNZX reserves the right to modify, update, or revise the cancellation and refund policies.
● Users will be notified of any changes to the cancellation policy through email and platform notifications.
● Policy changes will be prominently displayed on our BNZX Platform.
12.4 Legal Compliance:
● This cancellation policy is subject to and compliant with Indian laws and regulations.
● Any disputes arising from cancellations will be resolved by our Terms of Service.
12.5 Business Interests and User Fairness:
● We strive to strike a fair balance between protecting our business interests and ensuring fair treatment of our users.
● User satisfaction and fairness are paramount in our policy design.
13. Carbon Project Terms and Conditions
The Company strives to ensure that legitimate organizations and projects are on board as Supply Partners and shall on a best-effort basis conduct due diligence to verify the authenticity and integrity of the Supply Partners on board. However, it is hereby clarified that all information provided regarding the Carbon Project is provided on an "AS IS" and "AS MADE AVAILABLE" basis and the Company does not take any responsibility for inaccurate or incorrect information provided regarding a Carbon Project.
The User agrees and acknowledges that the User must conduct reasonable due diligence regarding the Carbon Project and the Supply Partner that they wish to support before allocating the Carbon Credits.
14. Disclaimers and Exclusions
14.1 The Company disclaims all warranties, expressed or implied, including but not limited to implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other rights. Additionally, the company does not guarantee the accuracy, likely results, or reliability of the materials on its platform or any sites linked to it.
14.2 The company, along with its directors, employees, agents, suppliers, sponsors, and partners, does not guarantee that: (A) the service will be secure or available at any specific time or location; (B) any defects or errors will be corrected; (C) any content or software available through the service is free of viruses or other harmful components; (D) the results of using the service will meet user requirements; (E) any information provided by us in any way will meet user requirements; or (F) the platform will be free of glitches. The user's use of the service is entirely at their own risk.
14.3 The company does not guarantee that users will be able to use the platform at all times or locations, and it does not warrant that the platform and the services provided through it will be uninterrupted or error-free.
14.4 The Company Takes No Responsibility For The Safety Of The User's Financial Information, Including Credit Or Debit Card Information, That May Be Obtained From The Site By Any Third Party And Malicious Entity
14.5 The Materials appearing on the platform may contain typographical errors, inaccuracies, or omissions. the company reserves the right, although it is under no obligation to do so, to correct any errors, inaccuracies, or omissions, and to change or update information or material as appearing on the platform at any time without prior notice.
14.6 We do not commit to storing or continuously displaying any information or content that users have posted. The company does not offer a storage service. Users acknowledge that we are not obligated to store, maintain, or furnish them with a copy of any content or information they or others provide, except as required by applicable law and as outlined in our privacy policy.
14.7 Platform will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations that are caused by any act or event beyond BNZX's reasonable control.
14.8 The User acknowledges and agrees that this platform is an initiative to facilitate carbon neutralization to mitigate the effects of climate change. The company and the platform do not guarantee that the user will not be affected by climate change (including without limitation heat waves, forest fires, hurricanes, or rising sea levels) or its impacts by using the services.
15. Liability and Indemnity
15.1 Limitations and Exemptions of Liability:
15.1.1 To the maximum extent allowed by law, the company is not liable for any special, incidental, indirect, or consequential losses or damages, including but not limited to loss of profits, business interruption, computer failure, loss of business information, goodwill depletion, data corruption, or purely economic loss arising from these terms.
15.1.2 The limitations mentioned in this section do not apply to any liability that cannot be excluded or limited by law. Our licensors and service providers are not liable under these terms. Unless prohibited by applicable law, the user cannot bring any claim under these terms more than twelve (12) months after the cause of action arises.
15.1.3 Exemptions to Limitation of Liability User further agrees and confirms that Company shall not be responsible, in any manner whatsoever, for any delay/unavailability of Services or failure to meet its obligations under the Terms and Conditions, which may be caused, directly or indirectly, due to
● User failure to cooperate;
● User unavailability and unresponsiveness;
● User failure to provide accurate and complete information;
● User failure to provide or facilitate the submission of information promptly;
● any event beyond the Company’s reasonable control.
15.1.4 The aggregate liability of BNZX under on or in connection with each Transaction with the User is limited to the value of the payments made by the User under such Transaction, up to and including the date of claim.
15.2 Consequential Loss: Neither BNZX (including its employees, legal representatives, and agents) nor the User shall be liable for any consequential, indirect, or special loss (which shall be deemed to include, but not be limited to, loss of money, goodwill, reputation, profits, sales, business, agreements or anticipated savings) arising out of any breach of these Terms of Certificates.
15.3 Indemnity: User shall defend, indemnify, and hold harmless the Company, its affiliates/subsidiaries/joint venture partners, and each of, its affiliates/subsidiaries/joint venture partners’ employees, contractors, directors, suppliers, and representatives from all liabilities, losses, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (i) User use or misuse of, or access to, the Services and Platform; or (ii)User violation of the Terms; or any applicable law, contract, policy, regulation or other obligation.
15.4 BNZX reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by User, in which event User will assist and cooperate with the platform in connection therewith.
16. Non-Applicability of Shipping and Delivery Terms
16.1. It is acknowledged by both Parties that carbon credits do not entail physical shipment or delivery in the traditional sense associated with tangible goods.
16.2. Accordingly, any clauses or terms commonly associated with shipping, delivery, or transportation of goods shall be deemed inapplicable and irrelevant to this Agreement.
16.3. The transfer of carbon credits from Seller to Buyer shall occur electronically or through the designated registry platform, and no physical delivery of goods shall be required.
17. Electronic Transfer and Documentation
17.1. Seller shall initiate the electronic transfer of carbon credits to Buyer promptly upon receipt of payment in accordance with the terms of this Agreement.
17.2 Buyer shall provide all necessary documentation and information required for the transfer of carbon credits, including but not limited to identification details and account information for the designated registry platform.
18. Communicating with project developers (Sellers)
The contact information for the Seller will be posted on the project's listing. Feel free to communicate directly with the Seller if the User has any questions about the project. However, User may not:
● Send unsolicited advertisements or promotions, requests for donations, or other spam;
● Harass or otherwise abuse a project developer to support or glorify hatred toward people based upon race, ethnicity, religion, gender, gender identity, disability, or sexual orientation;
● Contact someone after they have explicitly asked the User not to; or
● Interfere with the business of the project developer in any way.
(Please note that the Seller of the registered carbon credits is in a legal contractual relationship with us by way of a Project Listing and Carbon Credit Sales Agreement)
19. General
19.1 The User grants BNZX a non-exclusive, non-transferable right to use the User's name and logo for publication purposes. BNZX may name the User as a reference on its website or in other media unless the parties have agreed otherwise.
19.2 Any provision of these Terms held to be illegal, invalid, void, voidable, or unenforceable, in whole or in part, shall be deemed severable, and all remaining provisions of these Terms shall not be affected.
19.3 The benefit of the Terms may not be assigned or transferred by the User. BNZX may assign subcontracts or deal in any manner with all or any of its rights or obligations under these Terms of Carbon Credits.
20. Copyright
The images and information related to each project belong to our independent project developers. For any project supported, the User may use the information and the images included in the project profiles on the website for communication purposes as long as the User accredits the relevant project developers(s).
21. Tax Deduction
User purchases of certified carbon credits may be tax deductible depending on the laws of the User's home country. We make no representations or warranties as to whether the User purchase is tax deductible. We will not at any time provide any advice as to whether User purchase is tax deductible. Instead, the User should consult a local tax professional.
22. Changes and Amendments to the Contracting and use conditions
BNZX may, at any time and without prior notice, modify these conditions or introduce new conditions of use. If a regulatory action, legal or regulatory action that, in the reasonable judgment of BNZX, prohibits, substantially restricts, or makes commercially unfeasible the provision of the service, BNZX will be entitled to modify the service or terms and clauses of this Contract to adapt to the new situation or terminate the Contract. BNZX will be exempt from any liability arising from the actions described in this section. Any amendment will be effective as soon as the User continues to use the BNZX Platform.
23. Actions in Case of Breach of the Contracting and Use Conditions
BNZX reserves the right to exercise whatever actions are available in law to demand the responsibilities derived from the breach of any of the provisions of these General Conditions of the Platform by a User.
24. Intellectual and Industrial Property
Any form of reproduction, distribution, public communication, transformation, and, in general, any act of exploitation of all or part of the contents (images, texts, designs, indexes, forms, etc.) that make up the Platform, is prohibited, as well as of the databases and the software necessary for the visualization or the operation of the same, that does not have the express and previous written authorization of BNZX.
The User may not, under any circumstances, exploit or serve commercially, directly or indirectly, in whole or in part, any of the contents (images, texts, designs, indexes, forms, etc.) that make up the Platform without the prior written authorization of the Company.
All the contents that are part of this Platform without exclusion, including without limitation information, articles, data, texts, logos, icons, user interfaces, visual interfaces, images, graphics, design, and image of the Platform (external appearance or "look and feel"), video files, audio files, databases, computer applications, whether or not protected by copyright, patents, trademarks or other intellectual or industrial property rights.
25. Miscellaneous
25.1 Independent: BNZX and the User are independent contractors. Nothing herein creates an employment relationship, a processor-subcontractor relationship, a partnership, or a joint venture between the Parties.
25.2 No Waiver. The fact that any of the Parties does not act concerning a breach of these Terms and Conditions does not imply the waiver by such Party of that right concerning that same breach or subsequent or similar breaches.
25.3 Subsistence: Those sections of these Terms and Conditions which by their provisions are required to be performed after termination or expiration of these Terms and Conditions shall survive.
25.4 Entire Agreement: These Terms and Conditions, as well as any document incorporated herein, constitute the complete contract between BNZX and the User, replacing all previous contracts and agreements, whether written or verbal. The declaration of any of the clauses contained in these Terms and Conditions as null, invalid, or ineffective shall not affect the validity or effectiveness of the remaining clauses, which shall continue to be binding between the Parties
26. Applicable Law and Dispute Resolution
26.1 These Terms of Carbon credits shall be governed by Laws of India. The Indian courts will have non-exclusive jurisdiction over any claim arising from, or related to, these Terms of Carbon Credits.
26.2 A person who is not a party to a Transaction shall not have any rights to enforce any terms applicable to it (including any provision of these Terms of Carbon Credits) whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
27. Support
The Company offers an email, WhatsApp, and in-platform-based support system. In case the User requires any assistance or support, the User may access support resources or use the "Contact Us" function or the Chabot on the Platform or email at support@bnzgreen.io or you can contact us at +91-9372989074. The Company provides Support on Monday – Friday between the hours of 10 a.m. – 6:30 p.m. IST (except public holidays).
The User agrees and acknowledges that the Company shall address and attempt to resolve the complaint received by the standard policies and procedures adopted by the Company, the User's disapproval/discontent with the outcome/mode of redressal shall not be deemed to mean non-redressal of the complaint by the Company. Any suggestions by the Company regarding the use of the Service shall not be construed as a warranty
28. Visit us
BNZ Green Technologies, located at 907, The Summit Bay, Andheri Kurla Road, Chakala MIDC, Mumbai- 400093