Terms & Conditions

Effective date: December 30, 2022
Updated on: May 15, 2024
Version: 1.2

Welcome to TreeCoin

TreeCoin is committed to making both the web and the planet better by providing easy access to the voluntary carbon market. We hope you enjoy our products and services as much as we enjoy creating them. These Terms of Service (“Terms”) outline our commitments to you, as well as your rights and responsibilities when using our services. Please read them carefully and contact us if you have any questions. If you do not agree to these Terms, please do not use our services.

If you are a user located in the European Economic Area, Switzerland, or the United Kingdom (“European User”), please note that specific terms apply to you, as detailed below.

For all products and services offered by TreeCoin, your agreement is with TreeCoin Assets Pty Ltd, ABN 60 646 805 307, located at Suite G-06, 60 Leicester Street, Carlton VIC 3053, Australia.

Definitions

“We,” “us,” “our,” and “TreeCoin” (camelCase) refer to TreeCoin Assets Pty Ltd, ABN 60 646 805 307, trading as TreeCoin, including its related bodies corporate (as defined in the Corporations Act 2001 (Cth)), and its employees, agents, and independent contractors.

“You,” “your,” and “the Customer” refer to any individual or entity using any aspect of the products and/or services provided by TreeCoin. If you use our Services on behalf of another person or entity, you represent and warrant that you are authorized to accept the Agreement on that person’s or entity’s behalf, and that by using our Services, you are accepting the Agreement on behalf of that person or entity. If you, or that person or entity, violate the Agreement, both you and that person or entity agree to be responsible to us.

“Grower,” “owner of land,” “landowner,” and “custodian of the land” refer to the authorized and legal owner of the land title participating in the TreeCoin carbon token scheme.

“Baseline log” refers to the initial measurement and data associated with the initial project, which serves as the ‘baseline’ for subsequent measurements and comparisons.

“Historic growth event” refers to a one-time event for rewarding growers based on historic carbon data from the year they held the legal land title and carbon rights, dating back to 2013.

“Growth event” refers to any events initiated by the user that result in TreeCoin carbon tokens being produced.

“Minting” refers to the blockchain process of using third-party verified carbon data from Carbon Gateway Partners to create TreeCoin tokens on the blockchain.

“Carbon Gateway Partners” refer to any third-party tools, products, or services used to verify carbon data for the minting of tokens by TreeCoin.

“the parties” means the Customer either Grower, Purchaser, User and TreeCoin collectively.

“Treecoin” (if at the start of a sentence), “treecoin” (all lowercase), “XCC” (token ticker), and “carbon tokens” refer to the digital receipt for carbon produced as part of verified carbon data, where 1 (one) treecoin represents 1 (one) tonne of carbon dioxide equivalent (CO2e).

“Treecoin+” (if at the start of a sentence), “treecoin+” (all lowercase), “XCR” (token ticker), and “bare-earth tokens” refer to the digital receipt for carbon produced as part of verified carbon data on bare earth only, where 1 (one) treecoin+ represents 1 (one) tonne of carbon dioxide equivalent (CO2e) stored on a site that was originally bare earth.

“TreeCoin products,” “TreeCoin digital assets,” and “TreeCoin tokens” refer to any mintable, purchasable, or tradeable products/services produced or used as part of the TreeCoin ecosystem.

“Ownership Tokens” and “O-NFT” (all lowercase) refer to any of the 100 created tokens tied to a project, representing a proportional ownership stake in the assigned carbon rights. Each of the 100 Ownership Tokens receives a proportional amount of TreeCoin tokens.

“Blockchain,” “the blockchain,” and “TreeCoin network” refer to the underlying blockchain used for transactions such as the Polygon blockchain.

“Privacy Policy” refers to the endorsed privacy policy accessible through the TreeCoin website (www.treecoin.global/privacy-policy), subject to change from time to time.

“Wallet” refers to a unique cryptographic address directly tied to the user's account that holds their digital assets.

“geoJSON,” “polygon,” and “property boundary” refer to the lines drawn around a specific land mass to delineate the area within which TreeCoin tokens are minted.

“Fraudulent activities” and “gaming the system” refer to any actions intended to manipulate or deceive the TreeCoin system into minting more TreeCoin tokens or violating the terms set forth in the declarations.

“Retiring,” “carbon lock,” and “token burning” refer to the process by which a TreeCoin user sends tokens to the offset wallet, thereby removing them from circulation and redeeming the carbon token.

“Offset wallet,” “burn wallet,” and “retirement wallet” refer to the smart contract address to which TreeCoin tokens are sent to be taken out of circulation.

“Services” refer to all services performed by us in the course of scheduling, facilitating, and otherwise providing a convenient web-based platform for growing, purchasing, and retiring TreeCoin carbon offset tokens.

“Platform” and “TreeCoin portal” refer to the online portal provided to deliver our services.

“Risks” refer to reasonable technological and market risks that may arise from using the TreeCoin platform and/or services, including those related to participation in the carbon market and macroeconomic trends/company/purchaser demand for TreeCoin products and services.

“Loss” refers to damage, loss, cost, expense, or liability (whether actual or contingent).

General Agreement

These Terms govern your access to and use of the products and services provided by TreeCoin through or for treecoin.global and/or any/all subdomains (such as http://app.treecoin.global/), collectively referred to as the “Services.”

This Agreement is made between TreeCoin Assets Pty Ltd and the Customer for the provision of a range of tools, products, and services designed to streamline participation in the voluntary carbon market, accessible via TreeCoin-owned domains, including treecoin.global and/or any/all subdomains (such as http://app.treecoin.global/). Please read these Terms carefully before accessing or using our Services.

Disclaimer: Nothing in this document should be considered financial advice.

By accessing and using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree with these terms, you must not use our Services.

You also agree that we may automatically change, update, or add to our Services as stated in these Terms, and that the Agreement will apply to any such changes. In providing our Services to you, we make no representations on your behalf to any relevant authority as to the accuracy or validity of the information recorded through our platform. By accessing the platform and inputting data, you accept these Terms and Conditions and our Privacy Policy on behalf of yourself and/or anyone else who has an interest in the data.

The Customer acknowledges that their data/information may be used by TreeCoin and third parties to provide the Services. You agree and acknowledge that our Services act as a complementary tool to aid you, or any customers, in participating in the voluntary carbon market in a cost-effective manner. This in no way shall be construed to offer, monitor, assure, or otherwise guarantee compliance with any law in any jurisdiction. Any such compliance shall remain solely the responsibility of the Customer with respect to its statutory and other obligations to the relevant authority.

The parties acknowledge and agree that TreeCoin is an independent contractor of the Customer and that nothing in this Agreement constitutes any relationship of employer and employee, principal and agent, joint venture, or partnership between the parties.

TreeCoin may, at any time, alter these Terms and Conditions. Such altered Terms and Conditions shall apply after notification by TreeCoin to the Customer. If you do not understand any of the terms of this Agreement, please contact us before using the Services.

Your Account

When using our Services requires an account, you agree to provide us with complete, accurate, and up-to-date information to enable effective communication regarding your account. You must keep this information current at all times.

We may need to send you emails regarding notable updates (such as changes to our Terms of Service or Privacy Policy) or to inform you of legal inquiries or complaints we receive about your use of our Services, enabling you to make informed decisions. We may limit your access to our Services until we can verify your account information, such as your email address, or in the event of misuse or fraudulent activities.

When you create an account to access any TreeCoin products or services, we consider it an inquiry about our offerings, which means we may also contact you to share more details about what we have to offer (i.e., marketing). You can opt out of marketing communications, whether via email, phone call, or text message, if you are not interested.

You are solely responsible and liable for all activities conducted through your account. You are fully responsible for maintaining the security of your account, including keeping your password secure and your wallet’s secret/private keys confidential. We are not liable for any acts or omissions by you, including any damages of any kind incurred as a result of your acts or omissions.

You must not share or misuse your access credentials. Notify us immediately of any unauthorized use of your account, wallet, online profiles, website, or any other breach of security. If we believe your account has been compromised, we may suspend or disable it to protect your information and our Services.

If you would like to learn about how we handle the data you provide us, please see our Privacy Policy.

By creating and maintaining an account with us, you agree to:

  • Provide accurate and truthful information during the account creation process and keep such information up to date.
  • Accept responsibility for all activities that occur under your account.
  • Maintain the confidentiality of your password and private keys associated with your wallet.
  • Immediately notify us of any unauthorized use of your account or any other breach of security.
  • Comply with all applicable laws and regulations governing your use of our Services.

Failure to comply with these obligations may result in the suspension or termination of your account, at our sole discretion.

Grower Terms

If you are a forest grower, this section is for you. Please read it carefully, as it outlines your rights and obligations concerning yourself and your land. If you are not a grower or do not intend to use the growing features of the TreeCoin app, this section may not be relevant to you.

Statement of Beta Phase

TreeCoin is currently in a beta testing phase. By participating, you accept that the TreeCoin system will change and evolve as product development progresses and user feedback is implemented. Some features may not be available from time to time.

Token Types

TreeCoin offers various options for creating digital assets with different parameters, values, and customization available to the user, which may change or evolve over time. Generally, the following definitions apply:

  • Treecoin: Suitable for all forest types, including plantation forestry and natural forests.
  • Treecoin+: Suitable for natural forests and biodiversity plantings, such as long-term forest regeneration and expansion areas adjacent to existing forests.

Declarations of Land and Carbon Rights

Customers and growers who wish to participate or use TreeCoin products/services to generate carbon tokens must ensure that the following statements are true and provide evidence of their validity:

  • There are no existing active carbon rights agreements over the site with any other entity, including any carbon credit schemes.
  • For the duration of the period during which you will be minting TreeCoin, no other carbon rights agreement will be established on the site, and TreeCoin will be the sole carbon-related revenue for your site.
  • For owners of the land: If you sell the land on which your TreeCoin project is located, you are required to transfer the ownership tokens to the new owner along with information about this TreeCoin declaration.

Additional Requirements for TreeCoin+

For users who are growing a new forest on a site that was previously without trees to create TreeCoin+:

  • You confirm that the target project area for TreeCoin production was free of existing forest prior to the period in which you are producing TreeCoin.
  • You confirm that the land in your project area was not previously cleared of vegetation by any party to benefit from the carbon storage value of new trees. You understand that the value of your TreeCoin for use as a carbon credit in any voluntary carbon market relies on the project being additional, i.e., newly planted on an area which previously had no trees.
  • The forest will not be a monoculture.
  • You agree that you will not remove the trees within 10 years of planting or 10 years of creating your latest TreeCoin, whichever comes later. You may declare a longer retention period in the project creation process if you wish to commit to a higher level of permanence.
  • You understand that this may be audited by TreeCoin or others and that there are consequences if the trees are removed, which may cause downgrading of your user rating and suspension of your account.
  • You confirm any wood harvested, in line with clause 4, will be used for durable products such as particleboard, wall framing, flooring, and construction timber, ensuring longer-term storage of carbon.

Transfer of Land Ownership

If you sell the land on which your TreeCoin project is located, you must disclose to the new owner that the land is part of a TreeCoin project. If there is no lockup period, the new owner can manage the trees as they wish. However, if there is a lockup period, it is expected that the new owner will honor this commitment. The previous owner is required to transfer the ONFTs/ownership tokens to the new owner at the point the property sale occurs. All previously earned XCC/treecoin will remain with the previous owner.

Verification and Monitoring

TreeCoin reserves the right to conduct periodic audits and use satellite imagery or other technologies to verify compliance with these terms. Growers agree to cooperate with any verification processes and provide necessary documentation upon request.

How is your data used?

TreeCoin and third-party partners (such as Kanop, Katam, and others) may use satellite images and other data from your projects. You agree that TreeCoin can use any of your data to provide its services and facilitate the delivery of digital assets/treecoin. Your data will be handled in accordance with our Privacy Policy.

Acknowledgement of TreeCoin Token Risks

You understand that TreeCoin and the various tokens/digital assets provided by TreeCoin will have market values on exchanges and/or crypto exchanges (centralized, decentralized, or otherwise) and/or be used for bartering for goods and services. However, they will not necessarily have value in voluntary carbon markets due to additionality and permanence requirements. The spot price of TreeCoin products/digital assets will likely fluctuate due to market demand.

Termination and Consequences

TreeCoin reserves the right to terminate your participation if you violate these terms or any applicable laws. Termination may result in the forfeiture of tokens and a ban from future participation in TreeCoin programs.

Dispute Resolution

Any disputes arising from these terms shall be resolved through binding arbitration in accordance with the rules of the Australian Centre for International Commercial Arbitration (ACICA). Each party shall bear its own costs and expenses, including attorneys' fees, except as otherwise provided by law or the ACICA rules.

Purchaser Terms

If you are purchasing TreeCoin, you must read and accept these terms before proceeding with your purchase. If you are not a purchaser, please proceed to Section 8 below.

Market Conditions

All tokens/digital assets/digital products produced by TreeCoin trade in open markets that operate 24/7. The spot price is directly affected by buyers and sellers, and TreeCoin provides no influence or guarantee regarding the price at any given moment. Past performance is no indication of future performance.

Spot Price

The spot price of digital assets is inherently volatile and can be subject to significant fluctuations, and TreeCoin is no exception. While TreeCoin will use its best endeavors, it cannot guarantee liquidity or market stability and strongly advises purchasers to be aware of potential market risks, including but not limited to:

  • Price volatility
  • Changes in market demand and supply
  • Regulatory developments

Decentralized Exchange & Liquidity Pools

TreeCoin is available for purchase through decentralized exchanges using liquidity pools. TreeCoin may add assets to the liquidity pool to facilitate trading and enhance market efficiency. Purchasers should independently verify the current market status before engaging in transactions.

Factors Affecting Token Supply

Growers generate TreeCoin/treecoin+/other digital assets within the TreeCoin ecosystem, and purchasers buy/retire/lockup the digital assets generated by the growers. This means that the token supply of any TreeCoin/treecoin+/digital asset within the TreeCoin ecosystem fluctuates depending on the number of growers, the quantity of carbon sequestered, and the number of offset events.

Token Generation

TreeCoin tokens are produced using carbon data verified by Carbon Gateway Partners. These minting events occur periodically and provide a Proof of Work Mechanism for token generation, meaning the supply is naturally constrained to the amount of verified carbon sequestered.

Retiring and Removing Tokens from Circulation

TreeCoin tokens are purchased by companies to be retired or ‘locked up’ to demonstrate the company’s commitment to sustainability. This has a deflationary effect on the token supply.

Purchasing for Speculation

If you are purchasing TreeCoin for speculation purposes, be advised that TreeCoin’s products/services/tokens fluctuate in price, and there is no guarantee that the price will remain stable or increase. In fact, it may trend downward or lose value. Do not purchase any TreeCoin product without first conducting due diligence and only with funds that you are prepared to lose.

Awareness of Price Fluctuations and Lack of Liquidity

Purchasers must be aware that the price of TreeCoin tokens can fluctuate significantly. The market for these tokens may also lack liquidity, making it difficult to buy or sell large quantities without affecting the price.

Understanding the Role of Growers

Growers play a crucial role in the TreeCoin ecosystem by generating the tokens based on carbon sequestration. The availability and supply of TreeCoin tokens are directly influenced by the activities and performance of these growers.

By accepting these terms, purchasers acknowledge the inherent risks associated with buying TreeCoin tokens and agree to proceed with a clear understanding of the potential for price volatility, liquidity issues, and the dependence on growers for token generation.

Retirement Terms

Customers (including individuals, entities, companies, and the like) may purchase TreeCoin products/services/digital assets with the intention of retiring them. Retiring TreeCoin tokens means that they are sent to a carbon retirement wallet (also known as a burn wallet), where they are permanently removed from circulation, effectively retiring the 'carbon' token. This process has a deflationary effect on the token supply and allows companies to claim that they have purchased and offset real carbon emissions.

Process of Retiring Tokens

Sending Tokens to the Retirement Wallet: Customers must send the TreeCoin (XCC) tokens to the designated carbon retirement wallet. Once the tokens are sent to this wallet, they are irreversibly removed from circulation.

Verification and Acknowledgement: Upon successful retirement of the tokens, customers will receive verification from TreeCoin confirming that the tokens have been retired. This verification can be used to substantiate claims of carbon offsetting.

Legal Disclaimer

TreeCoin does not provide legal advice. You must consult a lawyer before making any public claims regarding carbon offsetting that you are unsure of. This ensures that any claims made are accurate and comply with applicable laws and regulations.

Claims and Restrictions

Customers should be aware of the following when making public claims about their carbon offsetting activities:

Claims You Cannot Use

  • “My organisation is Carbon Neutral” – This claim requires proper carbon accounting and verification to substantiate. Without comprehensive carbon accounting, making this claim could be misleading and legally problematic.
  • “We use verified carbon offsets” – Simply using TreeCoin does not automatically verify all offsets unless they are properly accounted for and audited.

Claims TreeCoin Users Can Make

  • “I have offset my company's emissions with TreeCoin” – This claim is acceptable as long as the appropriate number of TreeCoin tokens have been retired to match the emissions being offset.

Importance of Accurate Claims

Making accurate and verifiable claims about carbon offsetting is crucial to maintain transparency and credibility. Misleading or inaccurate claims can lead to legal and reputational risks. Customers must ensure that all claims are backed by proper documentation and verification.

Impact of Retirement on Token Supply

Retiring TreeCoin tokens reduces the overall supply, creating a deflationary effect. This reduction in supply can potentially increase the value of the remaining tokens in circulation. Additionally, by retiring tokens, companies can demonstrate their commitment to sustainability and carbon offsetting.

Customer Responsibilities

  • Due Diligence: Customers are responsible for conducting due diligence before purchasing and retiring TreeCoin tokens.
  • Compliance: Customers must ensure that all claims made regarding carbon offsetting are compliant with applicable laws and regulations.
  • Documentation: Proper documentation and records must be maintained to substantiate claims of carbon offsetting.

Dispute Resolution

Any disputes arising from the retirement of TreeCoin tokens shall be resolved through binding arbitration in accordance with the rules of the Australian Centre for International Commercial Arbitration (ACICA). Each party shall bear its own costs and expenses, including attorneys' fees, except as otherwise provided by law or the ACICA rules.

By accepting these Retirement Terms, customers acknowledge the process and implications of retiring TreeCoin tokens, the legal responsibilities associated with making carbon offsetting claims, and the potential impact on token supply. Customers agree to proceed with a clear understanding of their obligations and the importance of accurate and verifiable claims.

Fees

Sign-Up and Project Creation

  • No Subscription Fee: Signing up and creating projects with TreeCoin is completely free. We do not charge any subscription fees for accessing our platform and services.

Historic TreeCoin Option

  • Eligibility: If you have carbon rights dating back to the time you owned the property or to 2013, whichever comes first, you may be eligible for the Historic TreeCoin option. This is contingent on the regulations in your jurisdiction allowing for such retroactive carbon rights.
  • Revenue Distribution: For the one-off historic event, the revenue distribution is as follows:some text
    • 75% to the Grower: The majority of the revenue is allocated to you, the grower, for recognizing your historical carbon sequestration efforts.
    • 25% to TreeCoin: A portion of the revenue is allocated to TreeCoin for facilitating the process and providing the platform.

Ongoing Minting

  • Revenue Distribution: For ongoing minting events, the revenue distribution is structured to support the grower, reinvestment into regenerative projects, and operational costs:
    • 85% to the Grower: The grower receives the largest share, from which any applicable taxes, fees, or local jurisdiction requirements may be shared with local bodies.
    • 8% to the TreeCoin Foundation: This portion is allocated to the TreeCoin Foundation, which reinvests back into regeneration projects and initiatives that support environmental sustainability.
    • 7% to TreeCoin: This share supports TreeCoin's operational costs and the continuous improvement of our platform and services.

By participating in the TreeCoin ecosystem, you agree to the fee structure outlined above. This structure ensures that the majority of the revenue supports the growers while also contributing to broader environmental goals and sustaining TreeCoin's operations.

Minimum Age Requirements

Our Services are not directed to children. You are not allowed to access or use our Services if you are under the legal age of adulthood in your jurisdiction or are under 18 years old, whichever is greater. If you register as a user or otherwise use our Services, you represent that you are at least 18 years old.

You may use our Services only if you can legally form a binding contract with us. If you are under 18 years of age (or the legal age of majority where you live), you can only use our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms and Conditions.

Supervision and Responsibility

If you are under the age of 18 (or the legal age of majority in your jurisdiction), your parent or legal guardian must:

  • Supervise Your Use: Ensure that they supervise your use of our Services.
  • Agree to the Terms: Agree to these Terms and Conditions on your behalf.
  • Assume Responsibility: Assume full responsibility for your compliance with these Terms and any activities conducted through your account.

Verification

We reserve the right to verify the age of any user and may restrict access to the Services until such verification is complete. If we discover that any user is under the age of 18 (or the legal age of majority in their jurisdiction) and is not under the supervision of a parent or legal guardian, we may suspend or terminate their account.

Legal Implications

By using our Services, you confirm that you meet the minimum age requirements and that you are legally capable of forming a binding contract. Any misrepresentation of age may result in the termination of your account and potential legal consequences.

By agreeing to these Minimum Age Requirements, you acknowledge that you understand and comply with the age restrictions and supervision requirements outlined herein.

Responsibility of Visitors and Users

We haven’t reviewed, and can’t review, all of the content (like text, photo, video, audio, and other materials) posted to or made available through our Services by users or anyone else (“Content”) or on websites that link to, or are linked from, our Services. We’re not responsible for any use or effects of Content or third-party websites.

For example:

  • We don’t have any control over third-party websites.
  • A link to or from one of our Services does not represent or imply that we endorse any third-party website.
  • We don’t endorse any Content or represent that Content is accurate, useful, or not harmful. Content could be offensive, indecent, or objectionable; include technical inaccuracies, typographical mistakes, or other errors; or violate or infringe the privacy, publicity rights, intellectual property rights, or other proprietary rights of third parties.

You are fully responsible for the Content available on your profile and any harm resulting from that Content. It’s your responsibility to ensure that your profile’s Content abides by applicable laws and these Terms.

We are not responsible for any harm resulting from anyone’s access, use, purchase, or downloading of Content, or for any harm resulting from third-party websites. You are responsible for taking the necessary precautions to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.

We are not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes between you and the provider of any Content.

Please note that additional third-party terms and conditions may apply to Content you download, copy, purchase, or use.

Grower Profiles and Content

If we allow growers to create grower profiles, they will be able to upload photos, videos, media, and other content. Growers must not provide misleading or false information to justify an increased token price. Any attempt to upload deceptive or inaccurate content may result in a ban from our platform. We reserve the right to review, remove, or restrict access to any content that we believe violates these Terms or is otherwise harmful.

By using our Services and posting content, you agree that:

  • All content you post is accurate, truthful, and not misleading.
  • You will not use the platform to manipulate or falsely enhance the perceived value of any token or asset.

Violating these guidelines may result in the suspension or termination of your account and removal of your content.

General Representation and Warranty

Our mission is to make the web a better place, and our Services are designed to give you control and ownership over your Tag Profile and online presence. We encourage you to express yourself freely, subject to a few requirements. By using our Services, you represent and warrant that your use will adhere to the following conditions:

  • Compliance with the Agreement: Your use of our Services will be in strict accordance with these Terms and Conditions.
  • Adherence to Laws and Regulations: You will comply with all applicable laws and regulations, including but not limited to those regarding online conduct and acceptable content, privacy, data protection, the transmission of technical data exported from Australia or your country of residence, the use or provision of financial services, notification and consumer protection, unfair competition, and false advertising.
  • Lawful Use: You will not use our Services for any unlawful purposes, to publish illegal content, or in furtherance of illegal activities.
  • Respect for Intellectual Property: You will not infringe or misappropriate the intellectual property rights of TreeCoin Assets Pty Ltd or any third party.
  • System Integrity: You will not overburden or interfere with our systems or impose an unreasonable or disproportionately large load on our infrastructure, as determined by us in our sole discretion.
  • Privacy Respect: You will not disclose the personal information of others unless consent is granted through the application or in writing.
  • No Spam: You will not use our Services to send spam or bulk unsolicited messages.
  • Network Integrity: You will not interfere with, disrupt, or attack any service or network.
  • Malicious Programs: You will not create, distribute, or enable material that facilitates or operates in conjunction with malware, spyware, adware, or other malicious programs or code.
  • No Reverse Engineering: You will not involve reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for the Services or any related technology that is not open source.
  • Restrictions on Use: You will not involve renting, leasing, loaning, selling, or reselling the Services or related data without our consent.

Content Responsibility

Accuracy and Truthfulness: Any content you upload, including photos, videos, media, and other materials, must be accurate, truthful, and not misleading. Providing false or misleading information to manipulate the token price is strictly prohibited and may result in a ban from our platform.

Compliance with Content Standards: You are responsible for ensuring that the content you post abides by applicable laws and these Terms. We reserve the right to review, remove, or restrict access to any content that we believe violates these Terms or is otherwise harmful.

Indemnification

You agree to indemnify and hold harmless TreeCoin Assets Pty Ltd, its contractors, and its licensors, and their respective directors, officers, employees, agents, and any other affiliates from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to:

  • Use of Services: Your use of our Services.
  • Violation of Agreement: Your violation of this Agreement.
  • Third-Party Agreements: Any agreement with a provider of third-party services used in connection with the Services.
  • Content: Content that you post, upload, transmit, or otherwise make available through our Services.
  • Activities: Any other activities conducted through your or another user’s profile or account.
  • Misleading Information: Providing misleading or false information to justify increased token prices or making false claims about carbon offsetting.
  • Legal Compliance: Any failure to comply with applicable laws and regulations, including but not limited to environmental laws and carbon credit regulations.
  • Intellectual Property: Any infringement or misappropriation of intellectual property rights of TreeCoin Assets Pty Ltd or any third party.

Scope of Indemnification

This indemnification obligation includes, but is not limited to:

  • Defense Costs: All costs associated with defending against any claims or legal actions, including attorneys’ fees.
  • Damages: Any damages awarded against TreeCoin Assets Pty Ltd or its affiliates as a result of your actions or content.
  • Settlements: Any amounts paid in settlement of any claim or legal action.

Cooperation and Notification

You agree to cooperate fully with TreeCoin Assets Pty Ltd in the defense of any claim that is the subject of your indemnification obligations. TreeCoin Assets Pty Ltd reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with TreeCoin Assets Pty Ltd in asserting any available defenses.

Notification of Claims

You agree to promptly notify TreeCoin Assets Pty Ltd of any third-party claims, actions, or proceedings that you become aware of that involve TreeCoin Assets Pty Ltd and which arise from your use of our Services.

By agreeing to this Indemnification clause, you acknowledge that you understand and accept your obligation to indemnify and hold TreeCoin Assets Pty Ltd and its affiliates harmless from any claims, damages, and expenses arising from your use of our Services and any related activities.

Specific Service Terms

TreeCoin Profiles and Accounts

We may use a third-party service to help improve Treecoin.global's audience and usage, including but not limited to performance and user experience improvements. By creating an account with TreeCoin or accessing TreeCoin’s products/services, you agree to assign the traffic for your profile to us and authorize us to sign a Traffic Assignment Letter on your behalf. If we require additional documentation to verify ownership of your profile or account, you agree to make reasonable efforts to provide it.

Feedback

We love hearing from you and are always looking to improve our Services. When you share comments, ideas, or feedback with us, you agree that we are free to use them without any restriction or compensation to you. This means we can use, reproduce, modify, and adapt your feedback to improve our Services or create new products and services.

Intellectual Property

This Agreement does not transfer any TreeCoin Assets Pty Ltd or third-party intellectual property to you, and all right, title, and interest in and to such property remains (as between TreeCoin Assets Pty Ltd and you) solely with TreeCoin Assets Pty Ltd. TreeCoin and all other trademarks, service marks, graphics, and logos used in connection with our websites or Services are trademarks or registered trademarks of TreeCoin Assets Pty Ltd (or TreeCoin Assets Pty Ltd licensors). Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Using our Services does not grant you any right or license to reproduce or otherwise use any TreeCoin Assets Pty Ltd or third-party trademarks.

Third-Party Services

While using TreeCoin's products/services, you may have the opportunity to purchase services, products, software, embeds, or applications (like digital assets, cryptocurrencies, NFTs, themes, extensions, plugins, blocks, or point-of-sale terminals) provided or manufactured by third parties (“Third-Party Services”).

By using any Third-Party Services, you acknowledge and agree that:

  • Lack of Endorsement and Control: Third-Party Services are not vetted, endorsed, or controlled by TreeCoin. We make no representations or warranties regarding the quality, safety, or legality of any Third-Party Services.
  • Assumption of Risk: Any use of a Third-Party Service is at your own risk. We are not responsible or liable to anyone for any issues arising from the use of Third-Party Services.
  • Independent Relationship: Your use of Third-Party Services is solely between you and the respective third party (“Third Party”) and is governed by the Third Party’s terms and policies. TreeCoin is not a party to any agreements or transactions between you and the Third Party.
  • Data Access and Privacy: Some Third-Party Services may request or require access to your data or to your visitors’ or customers’ data through mechanisms like pixels or cookies. If you use these Third-Party Services or grant them access, the data will be handled in accordance with the Third Party’s privacy policy and practices, which you should review carefully before using any Third-Party Services.
  • Compatibility and Support: Third-Party Services may not work appropriately with our Services, and we may not be able to provide support for issues caused by Third-Party Services. For any questions or concerns about how a Third-Party Service operates or if you need support, contact the Third Party directly.
  • Discretionary Actions: In rare cases, we may, at our discretion, suspend, disable, or remove Third-Party Services from your account or the TreeCoin platform in general. This may be necessary to ensure the integrity, security, and functionality of our Services.

Changes

We reserve the right to modify these Terms from time to time. Such modifications may reflect changes to our Services (e.g., adding new features or benefits to our Services or retiring certain features) or be necessary for legal, regulatory, or security reasons. If we make changes, we will provide notice by:

  • Posting the Amended Terms: The amended Terms will be posted on our website, and the “Last Updated” date will be updated to reflect the changes.
  • Notification for Material Changes: If the changes are material, in our sole discretion, we may notify you through our Services or other communications.

Any changes will apply on a going-forward basis, and unless we specify otherwise, the amended Terms will become effective immediately upon posting. By continuing to use our Services after we have notified you of any changes, you agree to be bound by the new Terms.

If you object to any changes, you have the right to cease using our Services and may cancel any subscription you have. Your continued use of the Services constitutes acceptance of the amended Terms.

Termination

We may terminate your access to all or any part of our Services at any time, with or without cause or notice, effective immediately. This includes situations where we believe, in our sole discretion, that you have violated this Agreement, any service guidelines, or other applicable terms. We reserve the right (though not the obligation) to:

  • Content Removal: Refuse or remove any content that, in our reasonable opinion, violates any part of this Agreement or any TreeCoin Assets Pty Ltd policy, or is in any way harmful or objectionable.
  • Resource Management: Ask you to make adjustments, restrict the resources your profile uses, or terminate your access to the Services if we believe your profile’s storage or bandwidth usage burdens our systems (which is rare and typically only occurs when a profile is used for file sharing or storage).
  • Discretionary Termination: Terminate or deny access to and use of any of our Services to any individual or entity for any reason.
  • Violation of Grower Declarations: Terminate or suspend the accounts of growers who break the growing declarations, including providing misleading or false information to justify increased token prices.
  • Violation of Purchaser/Retirer Declarations: Terminate or suspend the accounts of purchasers or retirers who break the declarations regarding the use of TreeCoin to market their sustainability commitments, including making false or misleading claims.

We will have no obligation to provide a refund of any fees previously paid. You can stop using our Services at any time. If you use a Paid Service, you can cancel at any time, subject to the Fees, Payment, and Renewal section of these Terms.

Disclaimers

Our Services are provided “as is.” TreeCoin Assets Pty Ltd and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, to the maximum extent allowed by applicable law, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither TreeCoin Assets Pty Ltd, nor its suppliers and licensors, makes any warranty that our Services will be error-free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

Jurisdiction and Applicable Law

Except to the extent any applicable law provides otherwise, this Agreement and any access to or use of our Services will be governed by the laws of the state of Victoria, Australia. Nothing in this Agreement affects your rights as a consumer to rely on mandatory provisions in your country of residence.

Limitation of Liability

In no event will TreeCoin Assets Pty Ltd, or its suppliers, partners, or licensors, be liable (including for any third-party products or services purchased or used through our Services) with respect to any subject matter of the Agreement under any contract, negligence, strict liability, or other legal or equitable theory for:

  • (i) any special, incidental, or consequential damages;
  • (ii) the cost of procurement for substitute products or services;
  • (iii) interruption of use or loss or corruption of data; or
  • (iv) any amounts that exceed $50 or the equivalent value of the TreeCoin tokens issued to you during the twelve (12) month period prior to the cause of action, whichever is greater.

TreeCoin Assets Pty Ltd shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

Grower-Specific Liability Limitations

For growers participating in the TreeCoin ecosystem:

  • TreeCoin Assets Pty Ltd is not liable for any damages or losses resulting from your participation in the TreeCoin carbon token scheme, including but not limited to any reliance on the accuracy of data provided by you or third-party verification services.
  • TreeCoin Assets Pty Ltd is not responsible for ensuring the legal compliance of your participation in the carbon market or the validity of your carbon credits. Compliance with relevant laws and regulations is solely your responsibility.
  • Any claims regarding the value, usability, or validity of TreeCoin tokens must be directed to the relevant market participants or regulatory authorities. TreeCoin Assets Pty Ltd does not guarantee the market value or liquidity of TreeCoin tokens.

European Users

If we cause damage to you and you are a consumer in Europe, we limit our liability to the maximum amount permissible in your country of residence. Liability will be limited to foreseeable damages arising due to a breach of material contractual obligations typical for this type of contract. TreeCoin Assets Pty Ltd isn’t liable for damages that result from a non-material breach of any other applicable duty of care.

This limitation of liability will not apply to any statutory liability that cannot be limited, liability for death or personal injury caused by our negligence, liability caused by our willful misconduct or gross negligence, or our responsibility for something we have specifically promised to you.

You and we agree that we and our affiliates’ total liability is limited to the greater of $50 or the equivalent value of the TreeCoin tokens issued to you during the twelve (12) months preceding the claim. To the extent that our liability is limited or excluded, the limitations or exclusions will also apply to the personal liability of our employees, legal representatives, and vicarious agents.

Indemnification

You agree to indemnify and hold harmless TreeCoin Assets Pty Ltd, its contractors, licensors, and their respective directors, officers, employees, agents, and any other affiliates from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to:

  • Use of Services: Your use of our Services.
  • Violation of Agreement: Your violation of this Agreement.
  • Third-Party Agreements: Any agreement with a provider of third-party services used in connection with the Services.
  • Content: Content that you post, upload, transmit, or otherwise make available through our Services.
  • Activities: Any other activities conducted through your or another user’s profile or account.
  • Misleading Information: Providing misleading or false information to justify increased token prices or making false claims about carbon offsetting.
  • Legal Compliance: Any failure to comply with applicable laws and regulations, including but not limited to environmental laws and carbon credit regulations.
  • Intellectual Property: Any infringement or misappropriation of intellectual property rights of TreeCoin Assets Pty Ltd or any third party.

Scope of Indemnification

This indemnification obligation includes, but is not limited to:

  • Defense Costs: All costs associated with defending against any claims or legal actions, including attorneys’ fees.
  • Damages: Any damages awarded against TreeCoin Assets Pty Ltd or its affiliates as a result of your actions or content.
  • Settlements: Any amounts paid in settlement of any claim or legal action.

Cooperation and Notification

You agree to cooperate fully with TreeCoin Assets Pty Ltd in the defense of any claim that is the subject of your indemnification obligations. TreeCoin Assets Pty Ltd reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with TreeCoin Assets Pty Ltd in asserting any available defenses.

Notification of Claims

You agree to promptly notify TreeCoin Assets Pty Ltd of any third-party claims, actions, or proceedings that you become aware of that involve TreeCoin Assets Pty Ltd and which arise from your use of our Services.

By agreeing to this Indemnification clause, you acknowledge that you understand and accept your obligation to indemnify and hold TreeCoin Assets Pty Ltd and its affiliates harmless from any claims, damages, and expenses arising from your use of our Services and any related activities.

Data Processing Agreement

If you need a Data Processing Agreement (DPA) with us to meet GDPR requirements applicable to us as a data processor for your website, please follow these instructions:

  • Contact Us: Reach out to our support team at support@treecoin.global to request a DPA.
  • Provide Information: Supply any necessary information that we may require to prepare the DPA.
  • Review and Sign: Review the DPA document provided by TreeCoin, and sign it to formalize the agreement.

Translation

These Terms were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms and the English version, the English version will control.

Miscellaneous

The Agreement (together with any other terms we provide that apply to any specific Service) constitutes the entire agreement between TreeCoin Assets Pty Ltd and you concerning our Services. If any part of the Agreement is unlawful, void, or unenforceable, that part is severable from the Agreement and does not affect the validity or enforceability of the rest of the Agreement. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

TreeCoin Assets Pty Ltd may assign its rights under the Agreement without condition. You may only assign your rights under the Agreement with our prior written consent.

By agreeing to these sections, you acknowledge that you understand and accept the terms regarding data processing, translation, and miscellaneous provisions as outlined in this Agreement.

Contact Us

For any questions, please contact us through the following methods:

Company Name: TreeCoin Assets Pty Ltd
Company Number: 646805307
Company Address: Suite G-06, 60 Leicester Street, Carlton VIC 3053, Melbourne, Australia
Email: marketing@treecoin.global
Website: https://treecoin.global

This document ensures that all aspects of the terms and conditions are covered, reflecting the specific clauses for growers, purchasers, and retirees within the TreeCoin ecosystem. The formatting has been organized to ensure clarity and readability.