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Conditions for accessing and using the site (privacy)

  • Article 1: General Provisions

    1. The conditions for accessing and using the site apply to all users who access the site, and/or who consult the information available on the site and/or who use the functionalities of the site.

    2. All users/clients/members accept that the present conditions for accessing and using the site govern their access and/or use of the site.

    3. In the present conditions for accessing and using the site, each term in italics has a precise definition. These definitions appear in Article 7 below.

  • Article 2: Interpretation

    1. In the present conditions for access and use, the reference to texts of international law, European law or national law refer back to these texts such as they have been amended, consolidated or replaced, if necessary.

    2. The titles of the articles of the present conditions for accessing and using the site only serve to facilitate reading and do not influence the interpretation of the provisions these articles contain.

    3. The present conditions for accessing and using the site are likely to be modified. The applicable version of these conditions is the one that features on the site when users access and/or consult the site. Users are invited to regularly consult the present conditions for access and use in order to keep informed of possible modifications to the said conditions.

  • Article 3: Consulting the information and using the functionalities

    1. Users may freely access the site, consult the information there and use the functionalities available such as the carbon footprint calculation module, the module for advising and calculating emission reductions and the offsetting module. They may also become a member of the CLIMACT network.

    2. CLIMACT has endeavoured to gather quality information on global warming on its site. CLIMACT has taken particular care in setting up the carbon footprint calculation and emission reduction modules on the basis of methodologies, procedures, formulas, and conversion factors provided by third parties. These various modules function with data provided by the users. Therefore, CLIMACT cannot guarantee that the use of these modules for the data provided by users will give results that comply with the requirements of a compulsory system relating to the measurement of greenhouse gas emissions.

    3. CLIMACT declines all responsibility for any damage of any kind that users may suffer following the use of the information or the modules available on the site. The use of this information and modules as well as the decisions that users may be led to take following such use (in particular, the decision to conclude a contract with CLIMACT, for instance) are the sole responsibility of the user.

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  • Article 4: Privacy

    1. CLIMACT attaches particular importance to the protection of user/client/member privacy.

    2. By accessing the site, users accept the conditions contained within the present article. By communicating personal information to CLIMACT, users authorise CLIMACT to use it according to the provisions in the present article. CLIMACT does not wish to conserve personal data concerning users without their prior agreement. Consequently, any users that do not agree with the present article should leave the site.

    3. To access the site, users are not required to communicate personal information to CLIMACT. However, when visiting the site, users may be asked to communicate certain items of personal information to CLIMACT. This is particularly the case when users want to become a member or a client.

    4. CLIMACT may be led to use cookies to collect information when users access the site. Cookies particularly allow CLIMACT to retain user preferences and therefore prevent users from having to re-submit certain data that they have already communicated to CLIMACT. Most web browsers automatically accept the cookies. However, users may modify the parameters of their browser in order to refuse them if they so wish. Cookies do not have to be used to consult the site. However, certain functionalities on the site may be affected by refusing the cookies.

    5. CLIMACT will only use personal information on users/clients/members to provide the service and/or information that they have requested and to improve the quality of the site.

    6. CLIMACT shall not sell, hire or give the personal information it has on users/clients/members to third parties. The personal information may however be revealed to CLIMACT’s partners to allow a service or information to be provided to users/clients/members who have requested it. CLIMACT’s partners who are involved in providing the requested service are required to maintain the confidentiality of the users/clients/members personal information.

    7. When a member invites a user to become a member and the user accepts this invitation, the surname, first name, e-mail address and information concerning the efforts made in terms of reductions and offsetting of the member who is making the invitation, are accessible to the user who wants to become a member. In return, the information concerning the efforts made in terms of reduction and offsetting by the user who wants to become a member, are accessible to the member who is making the invitation.

    8. CLIMACT promises to take all reasonable measures to protect users/clients/members personal information that it has collected or processed. For this purpose, CLIMACT shall adopt the following measures among others: protection of its servers by firewalls and strict control of access to its databases using passwords.

    9. Users/clients/members may, at any moment, have access to the personal information CLIMACT has on them. They may also ask CLIMACT to delete, modify or rectify this information. All these requests must be addressed to CLIMACT in accordance with Article 6, paragraph 1, below.

  • Article 5: Intellectual property

    1. Unless otherwise formally expressed by CLIMACT, all intellectual property rights associated with the elements on the site or the services provided by CLIMACT, or on its behalf, remain the property of their owners. Any copying, even partial, of the elements on the site or of the services protected by an intellectual property right is forbidden unless CLIMACT has given its prior written consent.

    2. CLIMACT authorises hypertext links to its SITE. However, CLIMACT reserves the right to have such links removed if they may damage its reputation.

    3. CLIMACT is a registered trade name that belongs to its owner.

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  • Article 6: Miscellaneous provisions

    1. CLIMACT openly receives all requests, questions and complaints. These must be addressed in writing and sent by registered post to CLIMACT SA, Place de l’Université 16, 1348 Louvain-la-Neuve.

    2. Only Brussels Commercial Court is competent to deal with any disagreements between CLIMACT and users/clients/members. Belgian law is applicable.

  • Article 7: Definitions

    In the present conditions of access and use, the terms in italics are defined as follows:

    Client : any person contractually associated with CLIMACT.

    CLIMACT : Climact SA, is a company under Belgian law, whose registered office is at the following address: 1348 Louvain-la-Neuve, Place de l’Université 16, identified under company number BE 0892.272.118; “site”: the CLIMACT website accessible via www.climact.org, www.climact.com or www.climact.be

    Conditions for accessing and using the site : the site’s present conditions for accessing and using the site.

    Cookies : files sent by the website manager to the hard disk of the user’s computer allowing the manager to identify and memorise the users each time they log on to the site

    Personal information : any information that permits identification of a person such as a name, in particular, an address, a telephone number, or an e-mail address, as well as the data communicated by the user for the calculation of the carbon footprint and for the reductions to this footprint in the sense of Article 14 of the contractual conditions.

    Member : a user or a client with a personal profile in the database allowing them to manage their carbon footprint, their reductions, their offsetting, their donations and their contacts with other members.

    CLIMACT network : all members.

    User : any physical or moral person who accesses the SITE and/or consults the information which is on it and/or uses the functionalities it offers.

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Contractual conditions (general sales conditions)

  • Article 1: General Provisions

    The present contractual conditions that are an integral part of the conditions for accessing and using the site govern the contractual relations between the client and CLIMACT, a limited company under Belgian law, whose registered office is at the following address: 1348 Louvain-la-Neuve, Place de l’Université 16, and identified under company number BE 0892.272.118 (hereafter “CLIMACT”).

    The client acknowledges that they have read the contractual conditions at the latest when the contract is signed and accepts the terms
    without reserve.

    In case of a flagrant and insoluble contradiction between the conditions for accessing and using the site and the contractual conditions, the latter prevail.

    The companies and organisations that wish to benefit from CLIMACT’s services are free to use the services available via the site. Nevertheless, the site is mainly intended to meet the needs of private individuals. CLIMACT consequently advises companies and organisations to make use of the specialised services specially designed for them via the following e-mail address: corporate@climact.com.

    Under the present contractual conditions, each term in italics has a precise definition. These definitions appear in Article 14 below.

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  • Article 2: Interpretation

    1. In the present contractual conditions, the reference to texts of international law, European law or national law refer back to these texts such as they have been amended, consolidated or, if necessary, replaced upon signature of the contract.

    2. The titles of the articles in the present contractual conditions only serve to facilitate reading and do not influence the interpretation of the provisions these articles contain.

    3. The present contractual conditions are likely to be modified. The version applicable to these conditions is the one that features on the site when the contract is signed.

  • Article 3: Establishing the contract

    1. The contract is established when the client sends a valid order form to CLIMACT which CLIMACT accepts.

    2. The order form is constituted:

    A. from the information that features on the pages of the site entitled “offset your emissions” and “summary of my order”, in particular, the number of tons to be offset indicated in the section “you offset X tons of CO2”. This order form is officially sent to CLIMACT when the user has filled in all the compulsory fields such as the explicit acceptance of the contractual conditions by ticking the box for this purpose on the “summary of my order” page; when the user has accepted that the payment must be made before the expiry of the retraction date referred to in Article 10 below; and when the user has sent the necessary data for validation by Ogone™ of the chosen means of payment by selecting the “Yes, I confirm my order” button; or

    B. according to the e-mail sent by the user to CLIMACT to order@climact.com which explicitly indicates the user's surname and first name; their e-mail address; the quantity of tons to be offset; the project they wish to choose; the desired payment option (in one go or in twelve monthly payments); acceptance of the contractual conditions by the user; their choice of payment upon the expiry of the retraction date referred to in Article 10 below; the data necessary for validation by Ogone™ of the chosen means of payment.

    3. The order form is accepted by CLIMACT when the site generates a page that says "Your payment is accepted" or when CLIMACT sends the user an e-mail that explicitly says "your order has been confirmed”.

    4. CLIMACT reserves the right not to accept an order for any objective reason whatsoever, in particular if the order form is incomplete or the means of payment envisaged within the framework of the contract has not been validated.

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  • Article 4: Carbon neutrality service

    1. The carbon footprint measurement service

    A. CLIMACT provides the carbon footprint measurement service through the calculator available on the site. It consists of assessing in tons the part of the client's emissions for which the client has supplied data, according to a simplified or extended methodology. The result of the carbon footprint measurement may be different according to the chosen methodology.

    B. All carbon footprint measurements are made with the care and competences required to offer a reasonable estimate in tons of the client's emissions for which they have entered the data into the calculator. The details of the methodology are available from CLIMACT upon request. The methodology used by CLIMACT has been carefully elaborated in collaboration with or by third parties.

    C. Unless otherwise explicitly indicated, CLIMACT does not guarantee that the measurement of the footprint given by using the calculator complies with the specific requirements of any compulsory system relating to the measurement of emissions.

    D. CLIMACT declines all responsibility for any damage of any sort whatsoever that the client may suffer following the use of the carbon footprint measurement service.

    2. The emission reduction advisory service

    A. The emission reduction advisory service is provided by the calculator available on the site. The reduction in emissions that the client chooses to carry out from among a series of measurements proposed are assessed in tons.

    B. The advice for reducing emissions is elaborated with the care necessary to give clients a reasonable estimate of the impact, in tons, of the reductions to which they wish to commit. The details of the methodology used are available from CLIMACT upon request. The methodology used by CLIMACT to recommend reductions in emissions and to calculate their impact on the carbon footprint is elaborated with care in collaboration with or by third parties. Reductions in emissions are set up by the client in such a way that CLIMACT cannot guarantee the effective impact of the advice given to the client to reduce emissions as regards their carbon footprint. Furthermore, CLIMACT declines all responsibility for any damage of any sort whatsoever that the CLIENT may suffer following the use of the carbon footprint measurement service.

    3. The offsetting service

    A. CLIMACT provides the offsetting service on the basis of reduction projects developed by third parties from whom CLIMACT acquires CERs. This service is, in principle, provided on the basis of CERs coming from the project mentioned on the web page “offset unavoidable emissions and become CO2 neutral”. If for any objective reason CLIMACT is unable to provide the offsetting service on the basis of this reduction project, it may provide this service on the basis of any other reduction project that has similar characteristics in terms of quality and contribution to sustainable development.

    B. The client’s offsetting request must be indicated in the order form. It specifies the amount of tons to be offset.

    C. Supplying the CLIENT with the offsetting service consists of CLIMACT committing to acquiring, on the one hand, and holding or cancelling the number of CERs, on the other hand, that are equal to the tons to be offset indicated in the order form.

    D. The annulment of the CERs takes place within six (6) months as from the moment the payment referred to in Article 6 is executed.

    E. Supplying the client with the offsetting service does not mean that this gives the client any right over the CERs that serve to supply the offsetting service. CLIMACT is the sole owner of the CERs that serve to provide the offsetting service. Besides holding and cancelling these CERs, CLIMACT is forbidden from using them in any way that has not been explicitly consented to in writing by the CLIENT.

  • Article 5: Price

    Among the services mentioned in Article 4 above, only the offsetting service is a paying service. The cost the client has to pay CLIMACT for providing the offsetting service in execution of the contract, is expressed in euros. This price includes the VAT applicable in Belgium, excluding all other applicable rights or taxes. The cost is that mentioned in the order form as accepted by CLIMACT.

  • Article 6: Payment

    1. The cost must be paid in cash the day the contract is established. However, the client, who is a consumer in the sense of the law of 14th July 1991 on trade practices and consumer information and protection, may choose, in their order form, to defer the payment of the cost until the expiry of the cooling-off period mentioned in Article 10 below.

    2. The payment is made by credit card. CLIMACT declines responsibility for any possible damage resulting from the use of the means of payment online.

    3. Any late payment will be subject to interest at the legal rate from the moment formal notice is given.

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  • Article 7: Means of proof

    The client explicitly acknowledges that the information contained in CLIMACT's or Ogone’s™ databases is correct as regards all transactions between the client and CLIMACT, such as making an order or the payment.

  • Article 8: Supplying the offsetting service

    1. The carbon footprint measurement services and the emission reduction advice are supplied by using the calculator.

    2. The offsetting service is provided when CLIMACT has accepted the order form in accordance with Article 3, paragraph 3, of the present contractual conditions.

    3. Provision of the service takes the form of an e-mail that contains :

    • The acceptance date of the order form
    • CLIMACT’s details
    • The CLIENT’s details which the latter gave to CLIMACT
    • For information only, a reminder of the emissions calculated and the emission reductions that the client has chosen to make
    • The link that allows the client to visualise and, if necessary, print out the numbered certificate indicating the number of CERs that CLIMACT promises to acquire and hold or cancel to ensure the provision of the service for the tons to be offset
    • Mention of the renunciation right

    4. No other communication or correspondence between CLIMACT and the client or between CLIMACT and a third party is necessary to provide the offsetting service

  • Article 9: Verification of the offsetting

    The client may ask for the references of the block of CERs on which the offsetting service offered is based. CLIMACT will respond to such a demand within six (6) months from the date of payment mentioned in Article 6 of the present contractual conditions.

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  • Article 10: Renunciation and restitution

    1. As long as the client acts as a consumer in the sense of Article 1, paragraph 7, of the law of 14th July 1991 on trade practices and consumer information and protection, they have seven (7) working days from the day following the delivery date to notify CLIMACT that they wish to renounce the purchase. In accordance with Article 8 of the present contractual conditions, the delivery date corresponds to the date on which the order form is accepted; such as it figures in the e-mail referred to in Article 8, paragraph 3, of the contractual conditions.

    2. In order for such notice to be legitimate, the client’s decision to renounce the services provided by CLIMACT must be sent by registered post to CLIMACT SA, Place de l’Université 16, 1348 Louvain-la-Neuve. This notice must include at least the client’s details, the number of the certificate delivered by CLIMACT, and the client’s banking details in order for the reimbursement to be made.

    3. Notice of the renunciation made within the deadline mentioned in paragraph 1 of the present article constitutes the restitution of the services to which the client officially renounces.

    4. If the renunciation right is exercised, CLIMACT shall reimburse the client the entire sum paid in return for the services that the client is renouncing. This reimbursement shall be made within 30 days of the notice referred to in paragraph 1 of the present article.

  • Article 11: Intellectual property rights

    1. Unless otherwise formally expressed by CLIMACT, all intellectual property rights associated with the elements on the site or the services provided by CLIMACT, or on its behalf, remain the property of their owners. Any copying, even partial, of the elements on the site or of the services protected by an intellectual property right is forbidden unless CLIMACT has given its prior written consent.

    2. CLIMACT authorises hypertext links to its SITE. However, CLIMACT reserves the right to have such links removed if they may damage its reputation.

    3. CLIMACT is a registered trade name that belongs to its owner.

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  • Article 12: CLIMACT’s responsibility

    1. If the client is a consumer in the sense of the law of 14 July 1991 on trade practices and consumer information and protection, nothing in the present contractual conditions shall limit or exclude the responsibility of CLIMACT for any negligence as regards the obligations for which it is responsible in accordance with a public legal provision.

    2. Without prejudice to paragraph 1 of the present article, the contractual conditions describe all the obligations and responsibilities of CLIMACT concerning the provision of services. The only obligations and guarantees that are incumbent upon CLIMACT are those formally listed in the present contractual conditions, excluding all other guarantees and/or obligations.

    3. Nothing in the present contractual conditions can limit or exclude CLIMACT's responsibility in case of death or physical harm caused through its negligence or fraud.

    4. Subject to paragraph 3 above, CLIMACT may not be held responsible in accordance with the contractual conditions for any loss in revenue, loss in profits, loss of contracts, loss of data, or for any other indirect or consecutive damage, even if it results from a mistake or negligence on the part of CLIMACT, the violation of its contractual obligations or any other reason.

    5. In accordance with paragraph 3 above, and without prejudice to the consumer rights covered by the law of 14 July 1991 mentioned above, CLIMACT’s total responsibility has a maximum limit, whatever the reason, equal to the amount paid by the client for the provision of the service in question.

  • Article 13: Miscellaneous provisions

    1. CLIMACT openly receives all requests, questions and complaints. These must be addressed in writing and sent by registered post to CLIMACT SA, Place de l’Université 16, 1348 Louvain-la-Neuve.

    2. Only Belgian law is applicable to the contract.

    3. Only the Brussels Commercial Court is competent to deal with disagreements.

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  • Article 14: Definitions

    In the present contractual conditions, the terms in italics are defined as follows:

    Cancellation : the operation provided for by or in accordance with the United Nations Framework Convention on Climate Change or by any other text of community or national law, through which the value of a unit of certified emission reduction (CER) is withdrawn.

    Order form : the electronic document described in Article 4, paragraph 2, of the present contractual conditions.

    CER : unit of reduction in greenhouse gas emissions equivalent to a ton issued in application of Article 12 of the Kyoto Protocol to the United Nations Framework Convention on Climate Change or in accordance with this Convention

    Client : any physical or moral person for whom the order form leads to an order confirmation

    Offset : reducing the emissions on the basis of a reduction project.

    Offsetting : a reduction in emissions which occurs on the basis of a reduction project

    Order confirmation : the electronic document described in Article 4, paragraph 3, of the present contractual conditions

    Conditions for accessing and using the site : the conditions for accessing and using the site as available on the site

    Contract : the contract made between the client and CLIMACT to provide a service

    Emission : release of greenhouse gases into the atmosphere.
    The emissions are measured in tons

    Greenhouse gas or GG : one of the six greenhouse gases mentioned in Appendix A of the Kyoto Protocol

    Carbon footprint measurement : the assessment service for the part of the client's emissions for which they have entered data into the calculator

    Methodology : the methodologies, procedures, formulas, conversion factors, and hypotheses used by CLIMACT to evaluate the emissions or the reductions in emissions

    Reduction project : an activity or a project that generates CERs

    Reduction in emissions : he withdrawal, limitation, reduction, avoidance of emissions, or the capture of greenhouse gases. The reductions in emissions are measured in tons

    Service : any products or services, including the carbon neutrality service that CLIMACT agrees to supply to the client in accordance with a contract

    Carbon neutrality service : the service offered by CLIMACT allowing the client to reduce, and even cancel, the negative impact of some of its activities on the climate. The components of this service are described in Article 4

    Site : the CLIMACT website is accessible via www.climact.org or www.climact.com or www.climact.com or www.climact.be

    Ton  : a metric ton of carbon dioxide (CO2) or a quantity of another greenhouse gas with an equivalent global warming potential

    User  : any physical or moral person who accesses the site and/or consults the information which is on it and/or uses the functionalities it offers.

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