Join Climaton
Join a community of over a million people and begin planting trees to help the environment.
1.1 These terms of use ('Terms') set out the rules for using our platform Climaton ('Platform').
1.2 By using the Platform you agree that you accept these Terms and that you will comply with them.
1.3 If you do not agree to these Terms, you must not access or use the Platform.
1.4 Please read these Terms carefully and print a copy for your future reference as we will not file a copy of these Terms and may also update them from time to time. If you have any queries then please contact us.
2.1 Climaton e-commerce Tree Platform owned and operated by Climaton Limited (trading as Climaton) ('we', 'us' or 'our').
2.2 We are a limited company registered in Kenya under company number PVT-V7UAY3P3.
2.3 To contact us, please contact our customer services team at info@climaton.net.
2.4 If you would like to make a complaint or feel that any material appearing on the Platform is offensive, objectionable or potentially defamatory please contact us via the details in section 2.3 above and provide full details of the nature of your complaint and the materials to which the complaint relates.
3.1 These Terms refer to the following additional terms and conditions, which also apply to your use of the Platform:
3.2 Our Terms and Conditions of Sale will apply to the sale of the services provided on the Platform to you.
4.1 We may update these Terms from time to time. We will give you reasonable notice of any major changes via a suitable announcement on the More Trees website.
4.2 The changes will apply to your use of the Platform after we have given such an announcement.
4.3 If you do not wish to accept the new terms you should not continue to use the Platform. If you continue to use the Platform after the date on which the change comes into effect, your use of the Platform indicates your agreement to be bound by the new terms.
4.4 Please check these Terms to ensure you understand the terms and conditions that apply at that time.
We may update and change the Platform from time to time. We will try to give you reasonable notice of any major changes.
6.1 To access the Platform, you must register on the Platform. By registering and accepting these Terms, you agree to be bound by these Terms including any additional terms and conditions referenced herein and/or available by www.climaton.net/terms.
6.2 You will gain access to the Platform once you have registered. The profile page for registered members of the Platform ("Profile") will provide you with an overview of your profile on the Platform. Using the Profile, you can review and alter your profile information.
6.3 You are responsible for keeping your login credentials confidential and safe.
6.4 You warrant that the details provided at registration and included within your Profile are correct and complete. Should the details you provide at registration change at any time after registration, you must change the details stored on the Platform.
6.5 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of these Terms.
6.6 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at info@climaton.net.
6.7 The Platform may only be used for lawful purposes. You agree to comply with all applicable laws and regulations regarding the Platform and its use.
6.8 You may retrieve and display the content of the Platform on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Platform.
6.9 Our status (and that of any identified contributors) as the authors of content on the Platform must always be acknowledged.
6.10 You must not knowingly:
6.11 By breaching section 6.10, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Platform will cease immediately.
6.12 We will not be responsible for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Platform or to your downloading of any material posted on it, or on any website linked to it.
6.13 We may disclose such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
6.14 You acknowledge that we have no obligation to monitor your access to or use of the Platform, but that we have the right to do so for the purpose of operating the Platform, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. We reserve the right, at any time and without prior notice, to remove or disable access to any content that we, at our sole discretion, consider to be in violation of these Terms or otherwise harmful to the Platform provided.
7.1 Whenever you post content to our Platform, you agree and confirm that:
7.2 Any content uploaded to our Platform will be considered non-confidential and non-proprietary. You will retain all of your ownership rights in your content but you are required to grant us (and our sub-licensees if required) a licence to use, copy, modify and adapt your content and to distribute and make it available to third parties (see section 7.6 for more information about this).
7.3 You agree to waive your right to be identified as the author of the content and your right to object to derogatory treatment of the content.
7.4 We may have to disclose your identity to a third party who claims that content posted or uploaded by you to our Platform constitutes a violation of their intellectual property rights or privacy rights.
7.5 We may remove any content you post on our Platform if in our opinion your post does not comply with our guidelines.
7.6 By uploading or posting content to our Platform, you grant us the following rights to use that content:
7.7 If we reasonably request you to do so, you agree to do such further acts and execute all documents which may from time to time be necessary to give full effect to this section 7.
8.1 We will treat all your personal information as confidential and will only use it in accordance with our Privacy Policy. In addition, we will process information about you in accordance with our Privacy Policy.
8.2 By using our Platform, you:
9.1 Other than in relation to links to third party websites, we or our licensors are the owners or the licensee of all intellectual property rights in the Platform and in the material published on it, including all brand names and trademarks. All such rights are reserved and nothing in these Terms will be interpreted as giving you ownership or rights in such intellectual property or the data contained therein.
9.2 You are not permitted to use our intellectual property without our approval, unless expressly permitted under section 6 (Use of the Platform).
10.1 As a convenience to you, the Platform may include links to other websites or material which is provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
10.2 We have no control over the content of those websites or resources and we accept no responsibility for the availability, suitability or content of such websites and nor do we review or endorse them or any views expressed within them.
10.3 We will not be responsible for the privacy practices or content of such websites nor will we be responsible for any damage, loss or offence caused or alleged to be caused that may arise from your use of them.
11.1 The content on our Platform is provided for general information only. It is not intended to amount to advice on which you should rely.
11.2 Although we make reasonable efforts to update the information on our Platform, we make no representations, warranties or guarantees, whether expressed or implied, that the content on our Platform is accurate, complete or up to date.
11.3 If we are informed of any inaccuracies in the material on the Platform we will correct this as soon as we reasonably can.
12.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and any liability for fraud or fraudulent misrepresentation.
12.2 We provide you with access to the Platform free of charge and subject to section 12.1 above, we will not be responsible for any loss, injury or damage of whatever kind caused in whole or in part by:
12.3 The Platform is provided on an 'as is' and 'as available' basis without any representation or endorsement made and we make no warranties in relation to it and its use. You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of the Platform and any information provided by you. You must bear the risk associated with the use of the internet.
13.1 Should you make any illegal and/or unauthorised use of the Platform, and/or fail to comply with these Terms, we may take such action as we reasonably determine to be appropriate including amongst other measures temporarily or permanently removing your registration and right to use the Platform.
14.1 Our Platform is made available free of charge.
14.2 We may suspend or withdraw all or any part of our Platform for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
14.3 We may disable any user identification code or password we have provided to you, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of these Terms.
Only you and us are entitled to enforce these Terms. No other person will be entitled to enforce any provision of these Terms.
If any part of the Terms is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of the Terms.
Any delay or failure by us in exercising, or any waiver by us of, our rights under or in connection with these Terms will not limit or restrict the future exercise or enforceability of those rights.
These Terms shall be governed by and construed in accordance with the laws of Kenya and any disputes will be decided only by the Kenyan courts.
1.1 These terms and conditions ('Terms of Sale') set out the terms and conditions which apply to our, Climaton Limited ('us', 'we' and 'our'), sale of services (together, the 'services') to you via our website www.climaton.net and https://climaton.net/ ('Platform').
1.2 Please read these Terms of Sale carefully before you submit a tree order to us as they affect your rights and liabilities under law and tell you who we are, how we will provide goods and services to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
1.3 We recommend that you print a copy of these Terms of Sale for your future reference as we will not file a copy of these Terms of Sale specifically in relation to your order.
1.4 We would especially like to draw your attention to the following sections:
1.5 If you have any queries regarding these Terms of Sale then please contact our customer services team by emailing info@climaton.net.
2.1 We are, Climaton Limited (trading as Climaton).
2.2 We are a limited company registered in Kenya under company number PVT-V7UAY3P3, whose registered office address is at Westlands Nairobi. (to be updated)
2.3 To contact us, please contact our customer services team by emailing info@climaton.net.
2.4 If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provide to us in your order.
2.5 We try our best to ensure that your experience as a customer of ours is a positive one and want to hear from you if you have any cause for complaint.
2.6 If you have any queries, complaints or problems with the services, please contact our customer services team by logging on to your account and provide full details of the nature of your complaint.
3.1 These Terms of Sale refer to the following additional terms and conditions, which also apply to your purchase of the services:
4.1 By placing an order with us, you are confirming that:
4.2 You must notify us immediately of any changes to your personal information by e-mailing info@climaton.net.
5.1 We will treat all your personal information as confidential and will only use it in accordance with our Privacy Policy. In addition, we will process information about you in accordance with our Privacy Policy. By using our Platform, you consent to such processing and you warrant that all data provided by you is accurate.
5.2 When you use the Platform, we will ask you to input personal details in order for us to identify you, such as your name, e-mail address, billing address, delivery address, credit card or other payment information. We confirm that this information will be held by us in accordance with the registration we have with the Data Commissioner's office.
5.3 You authorise us to transmit information (including updated information) to obtain information from third parties, including but not limited to, your debit or credit card numbers or credit reports to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
6.1 To ensure that your credit, debit or charge card is not being used without your consent, we will validate the name, address and other personal information supplied by you during the order process against appropriate third party databases.
6.2 We take the risk of internet fraud very seriously. With the volume of fraudulent credit card transactions increasing, we make every effort to ensure all orders are thoroughly checked using the information already supplied. There is a possibility we may contact you to make additional security checks and we ask for your co-operation to enable us to complete them. We will not tolerate fraudulent transactions and such transactions will be reported to the relevant authorities.
6.3 By accepting these Terms of Sale you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act of Kenya.
7.1 We have the right to make minor changes to the services without notifying you in order to:
7.2 We may also make reasonable changes to the services or these Terms of Sale but if we do so we will notify you and you will have the right to contact us to end the contract before the changes take effect and receive a refund for any services paid for but not performed.
8.1 Our Platform will guide you through the ordering process.
8.2 Before submitting your order to us, you will be given the opportunity to review and amend it. Please ensure that you have checked your order before submitting it.
8.3 After you place an order, we will send you an email to confirm that we have received your order. This email will confirm the details of your order. Please note that this email is not an acceptance of your order, it is merely a confirmation that we have received it.
8.4 We will confirm our acceptance of your order by sending you an email that confirms that the services have been dispatched or are ready for performance. The contract between us will only be formed when we send you this email.
8.5 We will provide the services to you as set out in your order.
8.6 We will perform the services with reasonable skill and care and in accordance with the descriptions provided on our Platform.
9.1 The prices of the services will be as quoted on our Platform from time to time, except in cases of obvious error.
9.2 Prices for our services may change from time to time, but changes will not affect any order which we have already confirmed.
9.3 Payment for the services must be made in full before the services are performed unless otherwise agreed.
9.4 We accept payment by credit card, debit card, or other methods as specified on our Platform.
10.1 If you are a consumer, you have the right to cancel your order within 14 days without giving any reason.
10.2 The cancellation period will expire 14 days from the day of the conclusion of the contract or, if the services have started, 14 days from the day on which you receive the confirmation of your order.
10.3 To exercise the right to cancel, you must inform us of your decision to cancel the contract by a clear statement (e.g. a letter sent by post or email) to info@climaton.net.
10.4 If you cancel the contract, we will reimburse to you all payments received from you, including the cost of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive standard delivery offered by us).
10.5 We will make the reimbursement without undue delay, and not later than:
10.6 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
11.1 Nothing in these Terms of Sale limits or excludes our liability for:
11.2 Subject to section 11.1, our total liability to you for any loss or damage arising under or in connection with these Terms of Sale, whether in contract, tort (including negligence) or otherwise, shall be limited to the total amount paid by you for the services.
12.1 You have the right to end the contract at any time, by contacting us in accordance with section 10 (Cancellation of Order).
12.2 If you cancel the contract after the services have been performed, you may be required to pay for the services performed up to the date of cancellation.
13.1 We may end the contract at any time by providing you with written notice if:
14.1 We may transfer our rights and obligations under these Terms of Sale to another organization, but this will not affect your rights or our obligations under these Terms of Sale.
14.2 You may only transfer your rights or obligations under these Terms of Sale to another person if we agree to this in writing.
14.3 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms of Sale that is caused by an event outside our control.
14.4 These Terms of Sale and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Kenya.
14.5 The courts of Kenya shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms of Sale or their subject matter or formation (including non-contractual disputes or claims).