Terms and Conditions
Table of Contents
Intellectual Property Rights
Specific Terms Relating to Content
User Licence to TreeChange
Advertising Links to Other Websites and Offers
Sponsoring through TreeChange
Disclaimer and Limitation of Liability
In general TreeChange will not share any of your user information with external parties, although your name may be published on our website to publicly recognise your support.
Intellectual Property Rights
All information, text, material, graphics, software and advertisements appearing on this Site from time to time (“Content”) are Copyright © 2021 Australian Carbon Offset Pty Ltd unless this Site expressly indicates to the contrary. As such, the Content is protected by Australian and international copyright and trademark laws. The Content on this site is updated periodically. Users are not entitled to modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this Content in any way unless expressly authorised by this Site or unless the written permission of TreeChange has first been obtained.
- use a Google, Netscape, Microsoft or Mozilla-based web browser, to download and view the Content for their own use, or
- if an Internet service and/or access provider, supply the Content to subscribers.
This Site contains information in the form of general small business information and information about carbon sequestration. All material is provided as an information service only and should not be relied upon as a substitute for scientific advice. Neither TreeChange, its proprietors nor associates accept any responsibility for the accuracy of any information contained in this Site or its applicability in the specific circumstances of any user or member.
TreeChange receives no commission or other financial benefit from the publication of the information on this Site (save and except for income from sponsorship of trees) and is in no way interested in any securities or other transaction entered into as a result of the publication of such information.
This site may from time to time contain electronic bulletin boards, chat rooms and other communication facilities which provide for feedback by users and members to TreeChange, real-time interaction between users and members and other electronic messaging and notice services (“Communication Facilities”).
It is a condition of use by users and members of any Communication Facility and access to this Site that users and members do not do any of the following:
- restrict or inhibit any other user or member from using or accessing any part of this Site;
- post or transmit any unlawful, threatening, abusive, defamatory, pornographic, discriminatory, profane or otherwise offensive information or material of any kind, including, without limitation any information or material that might reasonably encourage conduct that would breach any civil or criminal law of Victoria or other applicable place.
- post or transmit any information or material of any kind which violates or infringes upon the rights of any other person, including information or material which is confidential, subject to rights of privacy or publicity or which is protected in whole or in part by copyright, trademark or any other intellectual property or similar right with respect thereto, without first obtaining permission from the owner or relevant right holder;
- knowingly post or transmit any information or material which contains a virus or other component designed to harm the hardware, software or other facilities of TreeChange or any of its users or members;
- post or transmit any information or material that advertises or promotes another business or website without the prior written consent of TreeChange;
- delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded;
Users and members expressly acknowledge and agree that the Communication Facilities provide a means of public and not private communications.
TreeChange will provide reasonable cooperation with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials, information or files which violate any applicable or relevant law.
User Licence to TreeChange
A user or member who places any information or other material on this Site (including sponsoring trees, posting messages, uploading files, inputting data or engaging in any other form of communication), grants to TreeChange a perpetual, non-exclusive, royalty-free, irrevocable, unrestricted, worldwide licence to use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display the information or material or any part of it.
This licence includes the right to exploit all proprietary rights in any such information or other material including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide. You expressly waive in favour of TreeChange all moral rights and any similar rights in any jurisdiction which you may have or hereafter acquire in respect of any relevant communication or other material. If TreeChange so requests, the user or member agrees to sign such documents as TreeChange may request from time to time to perfect or otherwise confirm the terms of this licence agreement.
The licence also confers upon TreeChange the right to sublicense to any third party any of the rights hereby conferred on TreeChange.
Advertising, Links to Other Websites and Offers
This Site may contain hyperlinks and other pointers to Internet websites operated by third parties for the convenience of users and members. The linked websites are not controlled by TreeChange, and TreeChange is unable to control the contents of any such linked website. Hence, TreeChange does not accept any responsibility for the contents nor does it specifically endorse those contents. Users and members link to any such website and use or rely on such website entirely at their own risk.
TreeChange may from time to time accept banner and other forms of advertisement on this Site. Any such banner or other advertisement or link should be understood to be a paid advertisement and not an implicit or explicit endorsement by TreeChange of the content or use of that linked site. Users and members who link to any such website and use or rely on such website do so entirely at their own risk.
Some advertisements contain representations or offers by the advertiser which can be accepted by linking to the advertiser’s website and executing the relevant transaction. Such offers are made solely by the advertiser, not by TreeChange. Further, the advertiser is solely responsible for fulfilling any representation or offer made.
We do not offer a refund if you change your mind after purchasing.
Furthermore, as mentioned above, no refund or credit will be provided to the User where the actual number of ACCUs TreeChange receives (from the first 10 years of operations) from the CER is less than the ACCU equivalent value of the User’s Sponsored Trees.
Sponsoring Through TreeChange
Where a User agrees to sponsor TreeChange, it will be on the following basis:
- TreeChange is providing Users with the opportunity to sponsor TreeChange’s operations, including purchasing, planting and nurturing trees, as part of its carbon sequestration and land revegetation programs (“the Sponsored Trees”);
- TreeChange will use its best endeavours to qualify for Australian Carbon Credit Units (“ACCUs”) from the Australian Clean Energy Regulator (“CER”) in respect of the planting and nurturing of the Sponsored Trees;
- Financial modelling undertaken by experts engaged by TreeChange estimate that TreeChange’s reforestation by environmental planting project at Bindi may sequester up to 174,896 tonnes of carbon in the first 25 years of operation, resulting in Treechange receiving 158,895 ACCUs;
- Because of the practicalities and difficulties of the CER’s methodology, not every tonne of carbon sequestered by the Bindi project will result in an ACCU being issued. However, a tonne of carbon will still be abated.
- Once received, TreeChange will sell the first 125,000 ACCUs it receives to recoup the cost of purchasing land and equipment, establishing and maintaining the project, and to provide capital for future projects and endeavours. Thereafter the balance of ACCUs, if any, from the first twenty-five years (“Surplus ACCUs”), plus any carbon estimated to be sequestered that did not result in an ACCU, will be allocated to cancelling the carbon of sponsors.
- Using the data outlined above, TreeChange understands it has 49,896 tonnes of carbon available (that is, the excess ACCUs above 125,000 and carbon sequestered by the project that will not result in ACCUs) to allocate to offsetting User’s carbon.
- TreeChange will keep an internal register including the names of its Users who sponsor trees, and the equivalent amount of carbon they offset, on the basis that an adult emits 18 tonnes or carbon dioxide, and a child 9 tonnes of carbon dioxide, annually. The register will be kept and updated using on the basis that non-ACCU carbon abatement will be cancelled first, and Surplus ACCUs second.
- Nature is unpredictable, and despite our best efforts, not every tree planted will survive. TreeChange has sought advice and made reasonable estimates for tree losses in ascertaining the estimated ACCUs it may be entitled to receive from its first 10 years of operations. However, unpredictable events such as fires, droughts, pestilence and other natural and human induced events may cause tree losses to be higher than anticipated, which if so, may result in TreeChange qualifying for fewer ACCUs than expected;
- No refund or credit will be provided to the User where the actual or actual carbon abated or number of Surplus ACCUs received is less than the value of the User’s Sponsored Trees;
- The User will not receive an interest in the land on which the Sponsored Trees are grown nor any legal interest in or right to trees, nor any ACCUs that TreeChange may qualify to receive from the CER in respect of the purchasing, planting and nurturing of the Sponsored Trees;
- Given the estimated rate of carbon sequestration and the costs of applying for ACCUs from the CER, TreeChange does not expect to lodge its first application for ACCUs with the CER until after 2026.
- Updates about TreeChange’s operations, including project updates, details of the number of Sponsored Trees, the equivalent amount carbon dioxide sequestered, and number of ACCUs from the Clean Energy Regualtor, will be published on TreeChange’s website from time to time.
- TreeChange is not promising any financial return to Users or to transfer ACCUs to Users. Accordingly TreeChange is not providing financial advice or financial products to Users and does not hold an Australian Financial Services Licence.
Disclaimer and Limitation of Liability
The Australian Trade Practices Act 1974 (C’th) and similar State and Territory Legislation confers certain rights and remedies on consumers in relation to the provision of services by this Site which cannot be excluded, restricted or modified (“Statutory Rights”). To the extent that such Statutory Rights conflict with the disclaimers and other conditions set out below the Statutory Rights shall prevail provided that the offending disclaimer or condition shall be read down to the minimum extent required to avoid offending the Statutory Rights or if necessary shall be severed on the basis that the remainder of the disclaimer and the conditions shall continue to apply to the maximum extent possible. This Disclaimer shall exclude all other conditions and warranties implied by custom, law or statute.
Subject to the Statutory Rights:
All Content is provided “as is” and without warranties of any kind, either express or implied, TreeChange expressly disclaims all warranties of any kind including, without limitation, implied warranties of merchantability and fitness for a particular purpose, TreeChange does not warrant that the functions contained in any Content or any Communications Facility or user or member access to this Site will be uninterrupted or error-free, that any defects will be corrected or that this Site or the server which stores and transmits Content to you are free of viruses or any other harmful components, TreeChange does not warrant or make any representation regarding user or member access to, or the results of user or member access to, this Site (including any linked websites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and
Users and members (and not TreeChange) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant Content.
Under no circumstances (including but not limited to any act or omission, whether negligent or not, on the part of TreeChange) will TreeChange or its Affiliates be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, this Site or any Content.
Users acknowledge and agree that TreeChange does not exert control over other users and members of the Site and is not liable either for their opinions or their behaviour including any information and/or advice and any defamatory statements or offensive conduct.
To the fullest extent permitted by law, TreeChange’s liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of TreeChange to
- the supply of the services again, or
- the payment of the cost of having services supplied again.
This agreement will be governed by and construed in accordance with the laws of Victoria, Australia. Users and members irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.
All rights not expressly granted herein are reserved.
TreeChange Corporate Directory
Suite 1, 210 Canterbury Rod
Canterbury, VIC. 3126
PO Box 532
Canterbury, VIC. 3126
Phone (business hours)
(03) 8592 0270