Terms of use

Introduction

PLEASE READ THESE WEBSITE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE (THE "WEBSITE"). THESE WEBSITE TERMS OF USE (THE "TERMS OF USE") GOVERN YOUR ACCESS TO AND USE OF THE WEBSITE. THE WEBSITE IS AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS OF USE SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, DO NOT ACCESS OR USE THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU AND THE ENTITY OR THE BUSINESS YOU ARE AUTHORIZED TO REPRESENT ("YOU" OR "YOUR") SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF USE.

These User Terms shall only govern the use of the OLIVE GAEA Portal (“Portal”) and are additional to any other agreement with us including but not limited to the OLIVE GAEA General Terms and Conditions & OLIVE GAEA Privacy Policy. ESENT ("YOU" OR "YOUR") SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF USE.

These Terms of Use shall not construe or shall not provide an impression to create any relationship of employment, or partnership or agency between the involved parties.

OLIVE GAEA Portal is provided by OLIVE GAEA FZCO, an entity registered in Dubai World Trade Centre with license number L1023 and having its registered address Unit No SRT-FLR23-23.01-HD-78, Sheikh Rashid Tower, Dubai World Trade Centre, Dubai, United Arab Emirates.

Contact email: info@olivegaea.com

"OLIVE GAEA Portal " refers to

• The Service as described in this document and General Terms and Conditions
• The web application, including but not limited to its subdomains and any other website through which the OLIVE GAEA makes its Service available
• Applications for mobile, tablet, laptop and other smart devices
• The Application Program Interfaces (API)
• Any applications, forms, sample and content files, source code, scripts, instruction sets or software included as part of the Service, as well as any related documentation

TERMS OF USE

Unless otherwise specified, the terms of use detailed in this section apply generally when using OLIVE GAEA.
Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.

By using OLIVE GAEA Portal, Users confirm to meet the following requirements:

• The Portal is not for use by anyone under the age of eighteen (18) years old. (“Minimum Age”).
• To use the Portal, you agree that: (i) you must be the Minimum Age or older; (ii) you will only have one account, which must be in your real name; (iii) you are not restricted by all applicable laws and regulations and / or OLIVE GAEA from using the Portal; (iv) creating an account with false information is a violation of the terms stipulated in this Agreement; and (v) you comply and will comply with the terms contained in this Agreement and all applicable local, state, national, and international laws, rules, and regulations.
• If you are using the Portal on behalf of a business or an entity, you hereby state that you are legally authorized to act on behalf of such business or entity.

Account registration

To use the Service Users must register or create a User account, providing all the required data Failure to do so will cause unavailability of the Service.
Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by OLIVE GAEA.
By registering, Users agree to be fully responsible for all activities that occur under their username and password.
Users are required to immediately and unambiguously inform OLIVE GAEA via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.

Account termination

Users can terminate their account and stop using the Service at any time by doing the following:

• By directly contacting OLIVE GAEA at the contact details provided in this document.

Account suspension and deletion

OLIVE GAEA reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts in the Portal which it deems inappropriate, offensive or in violation of these Terms.
The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.
The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.

Content on OLIVE GAEA

Unless where otherwise specified or clearly recognizable, all content available on Portal is owned or provided by OLIVE GAEA or its licensors.
The OLIVE GAEA undertakes its utmost effort to ensure that the content provided on Portal infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.
In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.

Access to external resources

Through OLIVE GAEA Users may have access to external resources provided by third parties. Users acknowledge and accept that the OLIVE GAEA has no control over such resources and is therefore not responsible for their content and availability.
Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.

Content Rights

This Agreement does not grant you any right to do any of the following (or enable any third party to do so):

1. Use branding, logos, designs, photographs, videos, or any other material used in the Portal;
2. Copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, or otherwise use any portion of the Portal or the content on the Portal except as set forth in this Agreement and
3. Use the Portal, any tools provided by the Portal, or any content on the Portal for any commercial purposes without OLIVE GAEA’s consent.

OLIVE GAEA respects the rights of its Third Parties and you therefore may not use the Portal, or enable any third party to use the Portal, in a manner that (i) violates or infringes a third party’s rights of publicity, privacy, copyright, trademark, or any other intellectual-property right; (ii) bullies, harasses, or intimidates; (iii) defames; and (iv) spams or solicits other users.

User Data

Users are solely liable for any content they upload, post, share, or provide through OLIVE GAEA. OLIVE GAEA allows Users to upload, share or provide their own content to the Portal.
By providing content to OLIVE GAEA, Users confirm that they are legally allowed to do so and that they are not infringing any statutory provisions and/or third-party rights.
OLIVE GAEA does not claim any intellectual property rights over the user data including any data you upload to the Portal. Your user data uploaded remains your property, but you grant OLIVE GAEA the right to use the data for the purposes of the Portal and for data analytics. OLIVE GAEA will not re-distribute, publish or disclose publicly any uploaded user data unless required by law.

OLIVE GAEA has the right, in its sole discretion, to refuse or remove any user data that is uploaded on the Portal. The removal, deletion, blocking or rectification of content shall not entitle Users to any claims for compensation, damages or reimbursement.

API usage terms

Users may access their data relating to OLIVE GAEA via the Application Program Interface (API). Any use of the API, including use of the API through a third-party product/service that accesses OLIVE GAEA, is bound by these Terms and, in addition, by the following specific terms:

• The User expressly understands and agrees that the OLIVE GAEA bears no responsibility and shall not be held liable for any damages or losses resulting from the User’s use of the API or their use of any third-party products/services that access data through the API.

Subscription Order submission

When the User submits an order, the following applies:

• The submission of an order determines contract conclusion and therefore creates for the User the obligation to pay the price, taxes and possible further fees and expenses, as specified on the order page.
• In case the purchased subscription service requires active input from the User, such as the provision of personal information or data, specifications or personalised messages, the order submission creates an obligation for the User to provide the information accordingly.
• Upon submission of the order, Users will receive a receipt confirming that the order has been received.
• All notifications related to the described purchasing process shall be sent to the email address provided by the User during account registration.

Prices

Users are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged.
Prices on Portal are displayed either exclusive or inclusive of any applicable fees, taxes and costs, depending on the section the User is browsing.
Prices are mentioned in AEDs however user has a choice to make the payment in other currency provisions provided at the payment page as per the current currency exchange rate.

Methods of payment

OLIVE GAEA accept payments online using Visa and MasterCard credit/debit cards in AED (or any other selected currency).
All payments are independently processed through third-party services. Therefore, OLIVE GAEA does not collect any payment information – such as credit card details – but only receives a notification from payment service provider, once the payment has been successfully completed.
If payment through the available methods fail or is refused by the payment service provider, the OLIVE GAEA shall be under no obligation to fulfil the subscription order. Any possible costs or fees resulting from the failed or refused payment shall be borne by the User.

Retention of usage rights

Users do not acquire any rights to use the purchased Subscription Service until the total purchase price is received by the OLIVE GAEA.

Performance of services

The purchased service shall be performed or made available within the timeframe specified on OLIVE GAEA or as communicated before the order submission. The Service Delivery timelines will also be displayed in the User Dashboard for quick reference.

Subscriptions Duration

OLIVE GAEA Management offers its Users subscription-based service which allows Users to receive the Service over a determined period of time. The Subscription period is for 01 (One) year period.
Paid subscriptions begin on the day the payment is received by the OLIVE GAEA Management. In order to maintain subscriptions, Users must pay the required recurring fee in a timely manner. Failure to do so may cause service interruptions.

Arbitration Process & Rules

Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Olive Gaea Platform or this Agreement, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be first mandatorily submitted to mediation proceedings under the International Chamber of Commerce Mediation Rules (“ICC Mediation Rules”). If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under such ICC Mediation Rules, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce (“ICC Arbitration Rules”). The ICC Rules' Emergency Arbitrator provisions are excluded. The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the ICC Rules. The place of both mediation and arbitration shall be in the city in which the applicable Affiliate with which you have a Dispute has its registered office. The language of the mediation and/or arbitration shall be English. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, correspondence from and to the International Chamber of Commerce, correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.

Modifications

• We may alter, suspend, discontinue, or restrict access to, the Portal or any specific sections of the Portal or access to the Services without notice or liability.
• Prices for our Services are subject to change without notice. We reserve the right at any time to modify or enhance or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
• We have made every effort to display as accurately as possible the details of the Services that appear in our Portal. The carbon credits available for carbon footprint offsetting services may have limited quantities, and in such instances, alternative projects that are of the same quality, benefit and meeting OLIVE GAEA Project Selection Review Framework, according to our best judgement, may be provided to you instead.
• Our best endeavour is to purchase the carbon credits from the projects which we support and showcase in our portal and maintain a steady inventory in advance however inventory building may be influenced by availability of carbon credits, supplier agreements and other market conditions not explicitly expressed. There could be factors way beyond our control such as registration, verification, approval and retirement of offsets in the registry system. In the event the projects we support encounter a demand spike whereby all offsets for our existing showcased projects are sold prior to new inventory being made available in our system (being assessed, audited, purchased, and retired on the relevant registry), the purchase will be placed on back order and offsets from the same equivalent value and quality of projects will be sourced, subject to OLIVE GAEA Project Selection Review Framework, to replace this stock.
• Upon redirection of your subscription contribution to the replacement projects, a receipt upon fulfilment of the subscription order will be produced and distributed by email, and the offset project shall be registered into your dashboard.
• We will purchase carbon credit to provide you the offsetting service, earliest in the same month in which your subscription order is purchased or no later than the end of the fiscal month following the month in which your subscription order is purchased through our Portal.