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Terms & Conditions

Terms & Conditions

ACCEPTANCE OF TERMS

Welcome to the tco2.com website (hereafter referred to as "this Site").
Please read the following Terms and Conditions (hereafter referred to as "Terms") for this Site carefully. By using this Site in any way, you agree to and are bound by the Terms described in this document without limitation or reservation.
If you do not agree to all of these Terms, do not use this Site.

GRANT OF LICENSE

This Site is owned and operated by TCO2 Co. Ltd. (hereafter referred to as "TCO2"). Provided that you comply with the following Terms, TCO2 hereby grants you a non-assignable, non-transferable, non-exclusive, royalty-free limited license to access and make personal use of this Site.

TRANSLATION OF TERMS

For some languages TCO2 has provided you with a translation of the English version of these Terms.
However you agree that this translation is provided for your convenice only and the English version of these Terms will take precedence over the translated version of these Terms.

CHANGES

TCO2 may revise and update these Terms without notice at any time. Your continued use of this Site will mean you accept those changes.
This document was last revised on 6th June 2008.

DISCLAIMER AND LIMITATION OF LIABILITY AND WARRANTY

All information and materials included in or accessible from this Site is provided "as is" and without warranty of any kind, either express or implied, to the fullest extent permissible pursuant to applicable law. Your use of this Site is at your sole risk.
TCO2 is not responsible for, and expressly disclaims, all liability for any general, special, indirect, consequential, incidental or other damages of any kind arising out of use, reference to, or reliance on any information contained within this Site.
Further TCO2 accepts no responsibility or liability for, and makes no warranties that:

  1. The information provided in this Site is correct, complete, accurate, and/or up to date.
  2. Information, functions and services contained at this Site will be error free or that defects will be corrected.
  3. This Site will be uninterrupted, timely, secure, free of viruses, or other harmful components
  4. Information, functions, application programming interfaces of this Site will remain consistent or not changed.

YOUR OBLIGATIONS AND CONDUCT

You agree that:

  1. You are responsible for your own communications and for any consequences thereof.
  2. You will use this Site in compliance with all applicable local, state, national, and international laws, rules and regulations.

You agree not to:

  1. Copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, perform, modify, or in any way exploit any part of this Site.
  2. Interrupt or attempt to interrupt the operation of this Site in any way.
  3. Intrude or attempt to intrude into this Site in any way.
  4. Upload or post information to this Site that is false or misleading.
  5. Upload or post information to this Site that defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  6. Advertise or offer to sell or buy any goods or services for any business purpose in this Site.

COPYRIGHT

This Site and all their content, including, but not limited to design, software, text, graphic images, forms, calculation algorithms are the property of TCO2 and others and are protected by international copyright and other laws. You accept that your use of this Site does not transfer to you any ownership or other rights.
Unless explicitly stated otherwise you may not without prior written permission from TCO2:

  1. Offer any contents or parts of this Site for sale or distribution.
  2. Make any contents or part of this Site available as part of another site, including, but not limited to methods such as framing or linking directly to objects.
  3. Employ any method that causes any part of this Site to appear to be part of any other website.

LINKING TO THIS SITE

Thank you for considering linking to this Site. We welcome links to this Site.
We hereby grant you the right to link to any page on this Site without any prior approval provided that you comply with the following Terms. If you do not agree to these terms do not link to this Site.

  1. You do not frame contents of this Site.
  2. You agree that TCO2 reserves the right to terminate your right to link at any time with or without cause and for any reason in its sole discretion.
  3. You agree that you will promptly remove any links to this Site that we find inappropriate upon our request.

LINKS TO OTHER SITES

This Site may provide links to other sites or resources for your convenience in locating other information and services.
These other sites are maintained by third parties which TCO2 have no control over, and accordingly TCO2 expressly disclaims any responsibility for the content, accuracy of the information, quality of products, services, materials, or any other information contained in or available through these third party sites.
You acknowledge and agree that TCO2 shall not be liable, directly or indirectly, for any damage or loss caused by the use of any such content, service, product or materials.

PRIVACY

To provide certain services at this Site we collect your private information. Please refere to our Privacy Policy as to how this information will be used.

YOUR ACCOUNT

When you become a member of this site, you agree to :

  1. not sell, transfer or assign your membership or any membership rights
  2. maintain the confidentiality of your account and password
  3. accept responsibility for all activities that occur under your account or password
  4. the fact that TCO2 reserves the right to terminate a membership account at any time with or without cause and for any reason in its sole discretion.

CERTIFICATE RELATED TERMS

  1. "Credit Disable Amount" is the amount of Carbon Emission Credits that have been either cancelled or retired through a "Credit Disable Transfer".
  2. "Certificate Source" is a logical group that comprises of one or more "Credit Disable Transfers".
  3. "Certificate" is a certification issued by TCO2 to you that proves that you own a proportion of a "Certificate Source".

CARBON EMISSION CREDITS USED FOR CERTIFICATE SOURCES

TCO2 currently uses CERs as its Carbon Emission Credits.
CER or Certified Emission Reduction are units

  1. issued pursuant to Article 12 of the Kyoto Protocol.
  2. issued by the Clean Development Mechanism (CDM) Executive Board for emission reductions achieved by CDM projects and verified by a DOE under the rules of the International UNFCCC/Kyoto Protocol Rules.
  3. considered to be most reliable and can be used within the EU-ETS to comply with emission limitation targets.

CERTIFICATE SOURCE

All "Certificate Sources" and their inventory status alongside with the paper work and transaction logs of "Credit Disable Transfers" will be disclosed on this Site.
"Credit Disable Transfers" will take place BEFORE any "Certificates" are issued from a "Certificate Source", hence avoiding any possibility of issuing groundless certificates.
All "Certificates" issued from a particular "Certificate Source" will have a unique ID, amount, date and will be disclosed on this Site to provide maximum clarity and accountability, hence reducing the possibility of any double counting.
On issuing a new "Certificate" TCO2 will check the inventory for the requested "Certificate Source" so that the total amount of issued "Certificates" will not exceed the total "Credit Disable Amount" in that source.
If by some mistake ( such as an operational error or system error ) the total amount of "Certificates" have exceeded the total "Credit Disable Amount" in a "Credit Source", in order to balance the source, TCO2 will either add a "Credit Disable Transfer" or cancel some of the certificates issued.

CERTIFICATE

When you purchase a "Certificate" it will mean that TCO2 will attribute a proportion of a particular "Certificate Source" to you.
All "Certificates" will have a unique ID, amount, issue date and will be a part of a "Certificate Source".
You may choose which "Certificate Source" you would like to generate your "Certificate" from, as long the amount you have requested is available from that source.
"Certificates" do not have an expiration date.
"Certificates" cannot be lent.
"Certificates" are non-transferable and their resale is prohibited.
"Certificates" cannot be redeemed for cash and have no cash value.

CERTIFICATE CANCELLATION

A "Certificate" can be cancelled.
A cancelled "Certificate" will not be counted as an issued "Certificate".
A "Certificate" cancellation will usually take place on events including, but not limited to order cancelation, operational mistakes or system errors.

ADDITIONAL TERMS FOR CERTIFICATE

From the nature of the service you understand and agree that,

  1. You must register as a member of this Site in order to own a "Certificate".
  2. You cannot own a "Certificate" without disclosing its information on this Site.
  3. All "Certificate" owners including you will be disclosed on this Site. However, you may choose to stay as an anonymous "Certificate" owner by setting your public settings to anonymous.
  4. If you own a "Certificate" and have decided to unregister with us, you waive all rights over the "Certificate" and the "Certificate" will hold its position with an anonymous user as its owner and will not be cancelled.

Further you agree that :

  1. TCO2 reserves the right to cancel any "Certificate" issued for any reason in its sole discretion.
  2. While TCO2 will exert its reasonable best efforts to maintain the validity and integrity of every "Certificate" and "Certificate Source" it will not guarantee that all procedures will be free of errors and that defects will be corrected.
  3. TCO2 is not responsible for any lost, stolen or misused "Certificate".

If you do not agree to all of these terms do not purchase any "Certificate" from us.

SUB CERTIFICATE

A "Sub Certificate" is generated as a result of dividing an ordinary "Certificate" (hereafter referred to as "Parent Certificate") into smaller quantities.
Information of what amount and quantity the "Parent Certificate" has been divided to will be disclosed on this site.
A "Sub Certificate" will have an unique ID, amount, a relationship with its "Parent Certificate". All of this information will be disclosed on this site.
From the nature of the concept of dividing, the ownership rights a "Certificate" holds toward its "Certificate Source" will be transfered to its "Sub Certificate" according to its amount.
You do not need to register as a member of this Site to own a "Sub Certificate".

ADDITIONAL TERMS FOR SUB CERTIFICATE

When you use a "Sub Certificate", you agree that

  1. If you are the owner of the "Parent Certificate", you may distribute the generated "Sub Certificate" from that "Parent Certificate" once only.
  2. You may not copy or replicate any "Sub Certificate" without prior written permission from TCO2.
  3. You may not print or create any "Sub Certificate" without prior written permission from TCO2.
  4. Owner handle names, messages added to a "Sub Certificate" will be disclosed on this site.
  5. You must maintain the confidentiality of the password of any "Sub Certificate" you own.
  6. TCO2 reserves the right to cancel any "Sub Certificate" issued for any reason in its sole discretion.
  7. TCO2 is not responsible for any lost, stolen or misused "Sub Certificate".

TERMINATION

You agree that TCO2 may terminate this Site, these Terms, your license, limit your access to all or any part of this Site at any time with or without cause, with or without notification and for any reason in its sole discretion.

GOVERNING LAW

TCO2 is located in Kanagawa Japan. All disputes or controversy in connection with this Site shall be governed by and construed in accordance with the laws of Japan and shall be submitted to the exclusive jurisdiction of the Yokohama District Court in Kanagawa Japan as the court of first instance.