CHOOOSE General Terms & Conditions
CHOOOSE is the trading name of CHOOOSE AS (hereinafter referred to as “CHOOOSE”). CHOOOSE provides our customers with an agreed volume of verified impact, as defined in the services, achieved via the retiring of carbon credits or various other emission reduction units as made available from time to time via the services (also referred to as “Carbon Units”). Our Service also may include recommendations and other information regarding CO2e emission reductions. These general terms & conditions (“GTCs”) govern your use of our service. As used in these GTCs, "CHOOOSE service", "our service" or "the service" means the service provided by CHOOOSE for providing you as a customer (Customer) with virtual Carbon Units, including all features and functionalities, website, and user interfaces, as well as all Carbon Units acquired, and other content associated with our service. At no point in time will the underlying ownership of the actual Carbon Units be transferred to you or your account in a third-party carbon registry, unless specifically agreed under a separate agreement with CHOOOSE and accepted in writing by the CEO of CHOOOSE. CHOOOSE provides the service to you and may be named as the sender and/or contracting party for invoices and similar formal correspondence and documentation. By signing up or otherwise using the CHOOOSE service, websites, and software applications, you are entering into a binding contract with CHOOOSE as a provider of the service.
The term “CHOOOSE” refers to CHOOOSE AS and its affiliates. The term “Customer” or similar references to the party using the Chooose services refers to you and/or the person using the CHOOOSE services.
3. CHOOOSE Service
When using CHOOOSE services we grant you limited, exclusive, non-transferable access to the service and virtual Carbon Units. The virtual Carbon Units will always correspond to actual Carbon Units acquired by CHOOOSE that will be deleted from the relevant underlying registry as applicable and made unavailable for all third parties. Except for the foregoing limited service, no right, title or interest shall be transferred to you. We continually test various aspects of our service, including our website, user interfaces and promotional features. Such testing may interfere with the normal stability of our webpage, but will not have any impact on the virtual Carbon Units acquired by the users or the actual Carbon Units acquired by CHOOOSE. You agree to use the CHOOOSE service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules, and regulations, or other restrictions on use of the service or content therein. You agree not to archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale or resale, or use (except as explicitly authorized in these GTCs) content and information contained on or obtained from or through the CHOOOSE service, unless approved in writing by CHOOOSE. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content in the CHOOOSE service; or manipulate the content of the CHOOOSE service in any way. We may terminate or restrict your use of our service if you violate these GTCs or are engaged in illegal or fraudulent use of the service. Unless specifically stated by CHOOOSE, the origin of the actual Carbon Units may vary from time to time and may be affected by a variety of factors, such as your location, and/or availability of Carbon Units. CHOOOSE reserves the right to unilaterally replace specified Carbon Units with other Carbon Units provided the replacement Carbon Units satisfy similar criteria such as price and quality. CHOOOSE warrants that the origin of the Carbon Units is certified and/or provided by such entities and/or the market/platforms provided by them and/or third parties not being CHOOOSE, and such documentation is available upon request from you to the CHOOOSE customer service. Parts of the CHOOOSE service may be free of VAT, if applicable under the Norwegian VAT Act of 2009 sec. 3-20.
4. Governing Law
These GTCs shall be governed by and construed in accordance with the laws of Norway. These terms will not limit any consumer protection rights that you may be entitled to under mandatory laws. You and CHOOOSE agree that any dispute, claim, or controversy between you and CHOOOSE arising in connection with or relating in any way to these Agreements or to your relationship with CHOOOSE as a user of the service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Agreements) will be determined by the Norwegian Arbitration Act to the extent applicable, if not applicable the legal venue shall be Oslo city court.
5. Third-Party Applications
6. Customer Support
To find more information about our service and its features or if you need assistance with your account, please visit our website or contact us at firstname.lastname@example.org. In the event of any conflict between these GTCs and information provided by CHOOOSE representatives or other portions of our website, these GTCs will prevail.
If any provision or provisions of these GTCs shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall remain in full force and effect.
8. Electronic Communications
We will send you information relating to your use of the service (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration. As a CHOOOSE customer, we will also send you information about CHOOOSE products and ongoing campaigns.
9. Warranty and disclaimer
CHOOOSE warrants and guarantees that the Carbon Units acquired will not under any circumstance be re-sold or in any other way made available to any third party. We endeavor to provide the best service we can, but you understand and agree that the CHOOOSE service is provided “as is” and “as available”, without express or implied warranty or condition of any kind and that the use of the service is at your own risk. To the fullest extent permitted by applicable law, CHOOOSE and all owners of the actual Carbon Units or services make no representations and disclaim any warranties or conditions of satisfactory quality, merchantability, fitness for a particular purpose, or non-infringement, except for the cancellation (offset) of such Carbon Units. Neither CHOOOSE nor any owner of content warrants that the CHOOOSE service is free of malware or other harmful components. In addition, CHOOOSE makes no representation nor does it warrant, endorse, guarantee, or assume responsibility for any third party applications (or the content thereof), user content, or any other product or service advertised or offered by a third party on or through the CHOOOSE service or any hyperlinked website, or featured in any banner or other advertising. You understand and agree that CHOOOSE is not responsible or liable for any transaction between you and third-party providers of third party applications or products or services advertised on or through the CHOOOSE service. No advice or information whether oral or in writing obtained by you from CHOOOSE shall create any warranty on behalf of CHOOOSE in this regard.
You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the CHOOOSE service is to stop using the CHOOOSE service. To the fullest extent permitted by law, in no event will CHOOOSE, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable for (1) any indirect, special, incidental, punitive, exemplary, or consequential damages; (2) any loss of use, data, business, or profits (whether direct or indirect), in all cases arising out of the use or inability to use the CHOOOSE service, third party applications, or third party application content, without regard to whether CHOOOSE has been warned of the possibility of those damages, or (3) aggregate liability for all claims relating to the CHOOOSE service, third party applications, or third party application content more than the amounts captured as fees for the services, expressly excluding the underlying cost of any Carbon Units acquired to match the virtual Carbon Units transacted, and you accept and acknowledge that the fees captured may vary from case to case. Nothing in the Agreements removes or limits CHOOOSE’s liability for fraud, fraudulent misrepresentation, death, or personal injury caused by its negligence, and, if required by applicable law, gross negligence.
11. Entire Agreement
Other than as stated in this section or as explicitly agreed upon in writing between you and CHOOOSE, the Agreements constitute all the terms and conditions agreed upon between you and CHOOOSE and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.
12. Severability and waiver
Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law. Any failure by CHOOOSE or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive CHOOOSE’s or the applicable third party beneficiary’s right to do so.
CHOOOSE may assign the Agreements or any part of them, and CHOOOSE may delegate any of its obligations under the Agreements. You may not assign the Agreements or any part of them, nor transfer or sub-license your rights under the Agreements, to any third party.
To the fullest extent permitted by applicable law, you agree to indemnify and hold CHOOOSE harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: (1) your breach of this Agreement; (2) any activity in which you engage in or through the CHOOOSE Service; and (3) your violation of any law or the rights of a third party.
For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details. We do not provide refunds or credits for any purchase. When purchasing Carbon Units through CHOOOSE, you consent to get access to CHOOOSE services immediately.
16. Passwords & Account Access
The Customer who created the CHOOOSE account and whose Payment Method is charged (the "Account Owner") has access and control over the CHOOOSE account. To maintain control over the account and to prevent anyone from accessing it, the Account Owner should not reveal the password nor the Payment Method details (e.g., last four digits of their credit or debit card, or their email address if they use PayPal) associated with the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the CHOOOSE website and services and not through a hyperlink in an email or any other electronic communication not coming directly from CHOOOSE, even if it looks official. We can terminate your account or place your account on hold in order to protect you, CHOOOSE or our partners from identity theft or other fraudulent activity.
If you have any questions concerning the CHOOOSE service or the Agreements, please contact CHOOOSE by visiting our website and following the instructions contained therein: http://chooose.today.
CHOOOSE Data Protection Policy
This Data Protection Policy (the “Policy”) sets out how CHOOOSE (“we” and/or as defined in the GTCs) handle personal data in the CHOOOSE services (as defined in the GTCs) and on associated websites, third party partner platforms and applications for desktops, tablets and mobile handsets (hereinafter referred to as the “Service”). By using the Service, you indicate your acceptance of this Policy. If you do not agree to this Policy, you are not permitted to access the Service and you should not do so. By personal data we mean information that can be used to uniquely identify a single person. If you have questions about this Policy please feel free to contact us by following the instructions on our website: http://chooose.today or by sending an e-mail to email@example.com
2. Children and privacy
We do not knowingly collect information from children under age 13. If you are under age 13, you are not permitted to use the Service. If you are 13 - 17 years of age, you may visit, browse and use the information on the Service but you may not register an account or submit any personal information. If you are 13 - 17 years old, by browsing, using or accessing the Service you confirm that you have the permission of a parent or guardian to do so. If you are a parent or guardian and believe that we may have inadvertently collected personal information from your child, please notify us immediately by following the instructions on our website: http://chooose.today or by sending an e-mail to firstname.lastname@example.org
3. Collection and use of personal data
When you register as a user for the Service at a CHOOOSE website or through a third party partner platform, you may provide us with certain information that we store. When you use the Service, we may store information generated by your use of the Service, such as virtual emissions statistics for your user, activity in the Service, time of log-in, location of sessions if allowed by the device, what version of the Service you use, technical data such as your IP address, location information, and other similar information. If the Service is accessed via a handheld device we also store a number that uniquely identifies the device. Information that you add to your profile like your age may also be stored. If you reply to surveys that we have provided or otherwise provide us with your personal data in response to our communications to you, the information you provide will be made anonymous unless otherwise specified. This information is used to provide the Service to you, to calculate settlement when acquiring actual emission quotas, to improve the Service, and if provided by you in response to our communications, to provide you with special offers and promotions from CHOOOSE or its partners. Your participation in any such special offer is completely voluntary.
4. Lawful bases of processing
We primarily process your personal data so that we can fulfil our contractual obligations to you as well as to pursue our legitimate interest to run, maintain and develop our operations and to create and maintain customer and other business relationships. When choosing to use your data on the basis of our legitimate interests, we consider our own interests against your right to privacy and e.g. provide you with easy to use opt-out from our marketing communications. We also use anonymized and non-personally identifiable data when possible.
We may also process your personal data in order to comply with our legal obligations.
In some parts of the Services, you may be requested to grant your consent for the processing of personal data. In this event, you may withdraw your consent at any time. Please see section 12 for further information on how to exercise this and other rights.
5. Sharing information with third parties
We will not share your personal data with third parties except in the following situations:
a) when you have given us consent to share such personal data. This can, for instance, be in relation to Facebook, Twitter or similar social media (as further described in section 7 below) or other;
b) when necessary for billing purposes or other services/functions performed on our behalf, we share information with the billing provider or other vendor to facilitate billing or other services/functions, respectively. The payment information is stored by the billing provider and not by CHOOOSE;
c) when we engage third parties to perform services on behalf of us in relation to the CHOOOSE service, either companies that are affiliated with us or third parties. In such cases we will remain responsible for your personal data and ensure that all handling of the data will be in accordance with this policy and applicable laws; and
d) in response to legal processes, such as a request by law enforcement, a court order or similar, or to protect the integrity of the Service if we believe that a user has committed unlawful or otherwise harmful acts.
e) when using CHOOOSE services through a third party partner platform information may be shared with the CHOOOSE partner to the extent necessary for CHOOOSE and the third party platform partner to deliver the agreed services and for the third party platform partner´s own purposes.
We will never sell your personal data to third parties and except for as stated above we will never allow third parties to have access to your data for their own purposes unless you otherwise provide your consent. If all or part of CHOOOSE is sold, merged or is otherwise transferred to another entity, the information you have provided on or through the Service may be transferred to such entity as part of that transaction.
If you have provided us with your email address or your phone number, we will only use this information to communicate with you in matters relevant to the Service. Such information includes receipts for payment, information about changes in the Service, changes in the GTCs, and this Policy. We will not use this information to send you information about third-party services unless you otherwise provide your consent. Providing us with this information in response to our communications to you shall be considered consent from you to use this information to send you information about third-party services. If the legal statuary requirements are met or if you have opted in, we will send you our newsletter and similar information. You can at any time give us notice that you no longer want to receive such communication.
7. Server log files
Usage of the Service may be logged in the server log files. These log files include the IP address of the device that accessed the Service together with the time of the use and which resource that was requested, as well as user identification information. The log file of the Service is used to create anonymous usage statistics that are used to settle with the owners of the content, to analyze the usage of the Service, and for the purposes of system administration.
8. Cookies and similar technologies
9. Integration with third-party services
Google Analytics: We may use Google Analytics from Google (Google Inc, US) on our web pages to create anonymous usage statistics. If you have concerns relating to the usage of Google Analytics, be informed that it is possible to block Google Analytics by installing a plug-in to your browser. A plug-in for the most common browsers can be found here: http://tools.google.com/dlpage/gaoptout
10. Integration with third-party websites
11. Safeguarding of personal data
We store your data in a secure manner on restricted and protected equipment. Only a limited number of personnel have access to this equipment and only persons with a legitimate reason have access to your personal data. While we take reasonable precautions for the protection of personal data, no security measures are completely secure, and we do not guarantee the security of personal data.
12. Retention of personal data
We will retain your personal information only for the period necessary to fulfill the purposes outlined in this policy. When it is no longer necessary to store the data it will be deleted or made anonymous in a safe and permanent manner or the access to it will be blocked to the extent that statutory data retention requirements apply.
13. Your rights
You have the following rights:
•The right to be provided with copies of personal information that CHOOOSE AS hold about you at any time.
•The right to ask CHOOOSE AS to update and correct any incorrect personal information held about you free of charge.
•The right to request deletion or removal of your personal data where there is no good reason for us to continue processing the data. Note, however, that we might have to continue processing some of the information in order to comply with legal requirements.
•The right to object to the processing of your personal data where we rely on legitimate interest.
•The right to opt-out of any marketing communications that CHOOOSE may send you.
•The right to request the transfer of your personal data to you or to a third party. Please note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
•The right to withdraw consent where we are relying on consent to process your personal data. Please note that this will not affect the processing activities carried out prior to your withdrawal of consent.
If you wish to exercise any of the above rights, please send your request to email@example.com.
Our site allows you to connect with third-party sites, such as Facebook and Twitter to share content and pages. If you use any of these sites, please note that they will have their own privacy policies, which are entirely outside of our control. We do not accept any responsibility or liability for such policies. Please check these policies carefully before you submit any personal data to such sites.
14. Detection of misuse of the service
If there is suspicion of misuse of the Service, we might combine data collected in accordance with this Policy with other information in order to investigate the extent of the misuse and who is responsible.
We will at all times treat personal data as set out in this Policy and at all times comply with applicable data protection legislation and regulations.
16. Notices, consents, and contact
If you have questions regarding your data stored with us, its rectification or deletion, or would like to revoke any consent provided to us, object against certain uses, or similar, please feel free to contact us at firstname.lastname@example.org.
17. Amendments to policy
The Service is subject to constant improvement and future changes may influence what data we store and how we process it. This Policy might be updated to reflect such changes, changes in the legal framework, or improvements in how we handle personal data. Such changes or updates are effective immediately after we give notice of the change or update, which we may do by revising the “Date of Last Revision” date of this Policy or by otherwise posting on the Service, or by email or conventional mail, and/or by any other means which provides reasonable notice. Your use of the Service after such notice is posted means that you accept these changes or updates. You agree that CHOOOSE shall not be liable to you for any damages that might result from any changes to this Policy, if any. The current version of this Policy can be found on our website: http://chooose.today.
18. International users
CHOOOSE may process information about its users on computers and servers located in a number of countries, any of which may be located outside of your state, province, country, or other governmental jurisdiction and where the privacy laws may not be as protective as those in your jurisdiction.
When transferring your personal data to jurisdictions outside the EEA we always ensure that your personal data receives an adequate level of protection and that we can ensure that your rights can be adequately exercised. We ensure this through at least one of the following safeguards:
•The country where the data will be processed has been deemed to provide an adequate level of protection by the European Commission.
•We use specific contracts approved by the European commissions which give personal data the same protection it has within the EEA.
TO THE EXTENT ALLOWED BY THE LAW OF THE COUNTRY IN WHICH YOU ARE LOCATED, YOU EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO REQUIRE US TO TREAT YOUR IDENTIFYING INFORMATION IN ACCORDANCE WITH THE LAWS OF ANY COUNTRY OR JURISDICTION OTHER THAN THE UNITED STATES.HOWEVER, THE FOREGOING WAIVER MAY NOT BE LEGALLY BINDING IN SOME COUNTRIES, SUCH AS THE MEMBER STATES OF THE EUROPEAN UNION. TO THE EXTENT IT IS NOT LEGALLY BINDING IN THE COUNTRY IN WHICH YOU ARE LOCATED, THIS FOREGOING WAIVER DOES NOT APPLY TO YOU.
Cookies are small text files placed on your computer when loading a web page. Currently, none of our cookies are optional, as they are all used for functionality.
1) in order for our site to function properly while others are there.
2) to log data on how you use our website.
Cookies used and for which purpose:
•Stored for 30 days
Terms & conditions - To know that you accepted our terms and when.
•Stored for 2 years
Local browser storage of your UI choices - To give you a better user experience, for example by saving your choices, contexts, recent searches, and caching translations.
•Stored for over 2 years
Stripe cookies - To be able to process payments.
•Stored for various periods depending on the cookie’s function
•Receiver of cookie information: CHOOOSE AS and Stripe
•For more information: https://stripe.com/cookies-policy/legal
Microsoft Azure AD - To let you sign up, login and let you stay logged in, securely. Azure AD B2C makes use of tokens for authentication and secure access.
•Stored per session
•Receiver of cookie information: CHOOOSE AS and Microsoft Azure
•For more information: https://docs.microsoft.com/en-us/azure/active-directory-b2c/tokens-overview#token-types
Zendesk - To handle support requests via the Zendesk Web Widget on CHOOOSE services. The Zendesk (ZD-store) cookie is used to ensure consistent presentation of the Web Widget even if you navigate to a new web page.
•Receiver of cookie information: CHOOOSE AS and Zendesk
•For more information: https://support.zendesk.com/hc/en-us/articles/360022367393-Zendesk-In-Product-Cookie-Policy