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Terms of Service
 

Terms and Conditions for Alpen Carbon Online Platform

Last updated: January 17th, 2025

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AGREEMENT TO OUR LEGAL TERMS

Please read these terms and conditions (“Terms”, “Agreement”) carefully before using the [alpencarbon.com] Website operated by Alpen Carbon (“us”, “we”, “our”), which Users (“you”) are governed by.

 

This Agreement outlines the conditions under which you may access and utilise services on our Website, which facilitates users’ exploration, learning about, and purchase of carbon credits (“Credits”) sourced from certified projects globally.

 

These Terms constitute a legally binding agreement between you, whether personally or on behalf of an entity, and Alpen Carbon when you access, browse, and/or use the Website. When purchasing credits, you must re-confirm your acceptance of these Terms to proceed.

 

Our services are strictly intended for users who are at least 18 years old. Persons under 18 are not permitted to use or register for the Services.

 

These Terms come into effect on the date indicated above and remain in force until superseded.

 

You acknowledge and agree that Alpen Carbon reserves the right to revise these Terms occasionally. Any changes will be published on the Website and made accessible to Users. Continued use of the Website following the publication will constitute acceptance of new Terms.

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TABLE OF CONTENTS

  1. Purchase orders

  2. Payment terms

  3. Retirement of Credits

  4. Refunds Policy

  5. Warranties

  6. User Obligations

  7. Taxes

  8. Privacy and Data Protection

  9. Intellectual Property

  10. Dispute Resolutions

  11. Liability

  12. Indemnification

  13. Governing Law

  14. Severability

 

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1.  PURCHASE ORDERS

Alpen Carbon provides Carbon Credits which represent environmental commodity certificates registered on international carbon credit registries like Verra or Gold Standard. These carbon credits contributes to verified environmental outcomes and should not be considered financial instruments or investments. By purchasing Credits from our Website, you are supporting environmental projects that address climate change.  

 

Alpen Carbon's services, including the sale of carbon credits, are not financial products, investments, or securities. The credits are provided solely for environmental offsetting purposes and carry no expectation of financial return.

 

Users may place orders for Credits via the Website by specifying the desired quantity and agreeing to the listed price.

 

We may confirm an Order by issuing an invoice specifying the quantity of Credits and the corresponding price. We will issue a unique certificate referencing the purchased credits. Invoices may be provided via email.

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Alpen Carbon reserves the right to accept or decline any Order, wholly or partially, at its sole discretion. Upon accepting an Order, we will reserve the specified Credits to prevent their purchase or retirement by others.

 

Alpen Carbon reserves the right to modify or cancel any order, wholly or partially, for reasons including but not excluding to;

  1. if some or all Credits become unavailable post-acceptance

  2. If the User does not complete invoice payments within the timeframe specified in clause 3 (Payment Terms).

  3. Any type of dispute relating to the transaction

 

You will be notified in writing of any changes, variations, or cancellations to an Order as necessary. Cancelled or modified Orders will not entitle Users to compensation for direct or indirect losses. Users may not cancel or modify an accepted Order without prior written consent from Alpen Carbon.

 

The funds are then used to purchase and retire credits on a quarterly or half yearly basis to reduce costs and maximise the quality of the credits.

 

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2. PAYMENT TERMS

All orders must be paid immediately directly into the nominated bank account via a secure accredited payment gateway. We accept major credit cards, debit cards, bank transfers, and other payment methods specified on our Website.

 

Unless otherwise stated, all prices on our Website are listed at the latest prices and may vary to final pricing. The final prices will be detailed in the invoice. International Users are responsible for any currency conversion fees or exchange rate differences applied by their payment provider. Users are responsible for any additional taxes or fees associated with their order.

 

Orders with failed payments may be cancelled at our discretion. You will be notified of any issues and may be required to provide alternative payment methods to proceed with your order.

 

Alpen Carbon reserves the right to suspend or terminate services for late payments.

 

Prices may include or exclude applicable taxes, duties, or levies, as the Website indicates.

 

Funds collected are applied directly to the retirement of credits and operational costs associated with facilitating environmental outcomes.

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3. RETIREMENT OF CREDITS

Definition of Retirement: Retirement of credits ensures that the purchased order by the User is permanently removed from the marketplace, making them unusable for resale or duplication.

 

The purchase of credits through Alpen Carbon represents a contractual service to retire a specific quantity of emissions on the User’s behalf, as recorded by international registries.

 

Alpen Carbon acts as a facilitator for credit retirement and does not issue or validate credits independently. All credits are verified through third-party standards and registries.

 

Once an order is accepted and full payment of the invoice is received from the User, in accordance with Clause 3 of these Terms, Alpen Carbon will advise on the retirement of the purchased Credits on the User's behalf.

 

Alpen Carbon ensures that all retirement records are verifiable through the respective standards body. Delays may be caused by third-party registries or unforeseen circumstances.

 

Once credits have been retired, the process is irreversible. Buyers acknowledge that retired credits cannot be refunded (see Clause 5), exchanged, or transferred.

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Surrender of Carbon Credits
Alpen Carbon surrenders carbon credits purchased online in batches either quarterly or half yearly. Therefore, the names of purchasers are not identifiable and no individual serial numbers are available for transactions made online.

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4. REFUNDS POLICY

All purchases of credits are retired and, therefore, non-refundable as they cannot be reused or resold unless otherwise agreed with Alpen Carbon.

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5. WARRANTIES

Alpen Carbon makes no warranties or representations regarding the completeness, accuracy, or reliability of the information provided on its Website or in marketing materials. This warranty is limited to advising on the sourcing and retirement of carbon credits as described in this Agreement. No additional warranties, whether express or implied, are provided. If there are any disputes the maximum claim is limited to the transaction amount. No guarantees are made regarding specific environmental outcomes.

 

Alpen Carbon endeavours that:

  1. Credits are valid and sourced from verified projects that meet internationally recognised standards, and

  2. Credits are free from liens or encumbrances.

 

Alpen Carbon does not guarantee specific environmental outcomes or financial returns resulting from the use of carbon credits. The responsibility for achieving sustainability or carbon neutrality goals rests solely with the User.

 

Alpen Carbon warrants that credits are sourced from verified projects meeting international standards but does not guarantee financial value or performance.

 

Users acknowledge that the purchase of credits is intended solely for emissions offsetting and not as an investment or financial instrument.

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6. USER OBLIGATIONS

By placing an Order, the User warrants and represents that they understand carbon credits and all associated information pertaining to this Agreement.

 

The User must provide complete and accurate information during the purchasing process and promptly notify Alpen Carbon of any changes to your account information or issues related to your purchase.

 

Users are solely responsible for ensuring their use of Alpen Carbon’s services complies with all applicable local, national, and international laws. Alpen Carbon assumes no liability for a User’s failure to meet these legal obligations.

 

Users of the Website agree not to resell or attempt to monetise purchased credits unless Alpen Carbon explicitly permits them in writing.

 

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7. TAXES

All prices listed on Alpen Carbon’s Website may include or exclude applicable taxes, as indicated during checkout. The User is responsible for paying any applicable taxes, duties, levies, or surcharges associated with their purchase, including but not limited to Goods and Services Tax (GST) or Value-Added Tax (VAT). International buyers are solely responsible for any additional import duties or fees imposed by their local authorities.

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8. PRIVACY AND DATA PROTECTION

By accessing and using our Website, you acknowledge and accept the terms outlined in our Privacy Policy, which forms an integral part of these Legal Terms. Please be aware that our services operate in Australia. If you are accessing the Services from a location with data protection laws differing from those in Australia, you agree that your data will be transferred to and processed within Australia, and you consent to this transfer as a condition of using our Services.

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9. INTELLECTUAL PROPERTY

You agree that all materials, products and services provided on this Website are the property of Alpen Carbon, its affiliates, directors, officers, employees, agents, suppliers, or licensors, including all copyrights, trade secrets, trademarks, patents, and other intellectual property.

 

You also agree not to reproduce or redistribute Alpen Carbon's intellectual property in any way, including electronic, digital, or new trademark registrations.

 

Any unauthorised use, distribution, or reproduction of Alpen Carbon’s intellectual property may result in civil or criminal penalties. Alpen Carbon reserves the right to take legal action to enforce its intellectual property rights to the fullest extent permitted by Law.

 

Alpen Carbon respects the intellectual property rights of third parties. If Users believe that content on our website or services has infringed their intellectual property rights, they should contact us immediately with relevant evidence, and Alpen Carbon will investigate the claim promptly.

 

This Intellectual Property clause remains effective and enforceable even after the User's access to Alpen Carbon's Website or services is terminated.

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10. DISPUTE RESOLUTION

To facilitate a prompt resolution and minimise costs associated with any dispute, claim, or controversy arising from these Terms, both parties agree to engage in good faith informal negotiations as the initial step. These negotiations must last for a minimum of thirty (30) days and will begin when one Party provides the other with written notice of the dispute.

 

Any disputes must be advised within 14 days of payment otherwise the transaction is agreed by the user.

 

In case of a dispute Alpen Carbon reserves the right to terminate the entire contract and transaction and refund a portion or all of the payment. The  maximum  liability is limited to the value of the transaction. No guarantees are made regarding specific environmental outcomes.

 

The User acknowledges and agrees that any dispute that fails to reach a compromised solution between both parties during the negotiations will result in arbitration under the governing laws of these terms (Clause 14).

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11. LIABILITY

Alpen Carbon’s liability is limited to direct damages resulting from our negligence and will not exceed the total amount paid by the User for the relevant services or credits.

 

Alpen Carbon is not liable for indirect, incidental, or consequential damages, including but not limited to loss of profits, reputational harm, or loss of data.

 

Alpen Carbon relies on third-party registries, project developers, and certification bodies to verify, issue, and retire credits. We are not responsible for any delays, errors, or omissions caused by third-party providers.

 

Alpen Carbon does not guarantee uninterrupted access to its Website or services. Temporary interruptions may occur due to maintenance, updates, or technical issues beyond our control. Alpen Carbon disclaims liability for any loss or inconvenience caused by such interruptions.

 

Force Majeure: Alpen Carbon shall not be liable for any failure or delay in performing its obligations due to circumstances beyond its reasonable control, including but not limited to;

  1. natural disasters,

  2. acts of government,

  3. strikes,

  4. internet outages;

  5. or other unforeseen events.

 

While Alpen Carbon makes every effort to ensure the accuracy and reliability of the information provided on its Website and through its services, we do not guarantee that all content is error-free or up-to-date. We are not liable for any decisions or actions taken, based on this information.

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12. INDEMNIFICATION

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Alpen Carbon, its affiliates, and their respective directors, officers, employees, agents, attorneys, partners, suppliers, successors, and assigns from and against any and all claims, liabilities, damages, losses, costs, fees (including reasonable legal fees), and expenses arising out of or related to, without limitation:

  1. Any allegation or legal proceeding by a third party arising from your use of Alpen Carbon’s Website or services

  2. Any misrepresentation, breach of representation, warranty, obligation, or covenant by you under these Terms

  3. Any infringement by you of applicable laws, regulations, or third-party rights, including intellectual property rights, privacy rights, or contractual obligations.

  4. Any act of negligence, fraud, wilful misconduct, or errors and omissions by you or any third party acting on your behalf.

 

This indemnity obligation will survive termination of your use of Alpen Carbon’s services or Website and remain enforceable to the fullest extent allowed by Law.

 

Alpen Carbon is not responsible for inaccuracies or delays in credit verification caused by third-party registries or certification bodies.

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13. GOVERNING LAW

The laws of Cyprus govern this Agreement. Any disputes arising from or related to these Terms or the use of Alpen Carbon's services shall be subject to the exclusive jurisdiction of the courts in Cyprus. Users agree to submit to the jurisdiction of these courts and waive any objections based on venue or inconvenient forum.

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14. SEVERABILITY

If any provision of these Terms is determined invalid, unlawful, or unenforceable by a court of competent jurisdiction, the remaining provisions will remain fully effective and enforceable. The invalid or unenforceable provision shall be substituted with a valid provision that best reflects the parties' original intent.

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1. Purchase Orders
2. Payment Terms
3. RETIREMENT OF CREDITS
4. REFUNDS POLICY
5. Warranties
6. User Obligations
7. Taxes
8. Privacy and Data Protection
9. INTELLECTUAL PROPERTY
10. DISPUTE RESOLUTION
11. Liability
12. INDEMNIFICATION
13. GOVERNING LAW
14. SEVERABILITY
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