EKOBON General Terms & Conditions

These general terms & conditions (“GTCs”) govern your use of our service.

1. Introduction

EKOBON is the trading name of EKOBON TECHNOLOGIES LLP (hereinafter referred to as “EKOBON”). EKOBON provides our customers with an agreed volume of verified impact, as defined in the services, achieved via the retiring of carbon credits or various other emission reduction units as made available from time to time via the services (also referred to as “Carbon Units”). Our Service also may include recommendations and other information regarding CO2e emission reductions. As used in these GTCs, “EKOBON service”, “our service” or “the service” means the service provided by EKOBON for providing you as a customer (Customer) with virtual Carbon Units, including all features and functionalities, website, and user interfaces, as well as all Carbon Units acquired, and other content associated with our service. At no point in time will the underlying ownership of the actual Carbon Units be transferred to you or your account in a third-party carbon registry, unless specifically agreed under a separate agreement with EKOBON and accepted in writing by the Promoter of EKOBON. EKOBON provides the service to you and may be named as the sender and/or contracting party for invoices and similar formal correspondence and documentation. By signing up or otherwise using the EKOBON service, websites, and software applications, you are entering into a binding contract with EKOBON as provider of the service.

Your agreement with us includes these GTCs, our Privacy Policy (the GTCs and Privacy Policy, and any additional terms that you agree to, are referred to together as the “Agreements”). If you are using the EKOBON services and/or entering into the Agreements on behalf of a company, organization, entity, or brand (an Organization) the terms “you” and “your”, as used throughout the Agreement, apply to both you and the Organization, as applicable. You acknowledge (including on behalf of and as a representative of the customer if an organization) that you have read and understood the Agreements, accept these Agreements, and agree to be bound by them. If you do not agree with (or cannot comply with) the Agreements, then you may not use the EKOBON service or acquire any virtual Carbon Units from EKOBON. The Agreements cover important information about EKOBON services provided to you including any charges, taxes, and fees we may bill you. In order to use the EKOBON service, you need to have the power to enter a binding contract with us and not be barred from doing so under any applicable laws. You also promise that any registration information that you submit to EKOBON is true, accurate, and complete, and you agree to keep it that way at all times.

2. Definitions.

The term “EKOBON” refers to EKOBON TECHNOLOGIES LLP and its affiliates. The term “Customer” or similar references to the party using the EKOBON services refers to you and/or the person using the EKOBON services.

3. EKOBON Service.

When using EKOBON services we grant you limited, exclusive, non-transferable access to the service and virtual Carbon Units. The virtual Carbon Units will always correspond to actual Carbon Units acquired by EKOBON that will be deleted/deregistered from the relevant underlying registry as applicable and made unavailable for all third parties. Except for the foregoing limited service, no right, title or interest shall be transferred to you. We continually test various aspects of our service, including our website, user interfaces and promotional features. Such testing may interfere with normal stability of our webpage but will not have any impact on the virtual Carbon Units acquired by the users or the actual Carbon Units acquired by EKOBON. You agree to use the EKOBON service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. You agree not to archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale or re-sale, or use (except as explicitly authorized in these GTCs) content and information contained on or obtained from or through the EKOBON service, unless approved in writing by EKOBON. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content in the EKOBON service; or manipulate the content of the EKOBON service in any way. We may terminate or restrict your use of our service if you violate these GTCs or are engaged in illegal or fraudulent use of the service. Unless specifically stated by EKOBON, the origin of the actual Carbon Units may vary from time to time, and may be affected by a variety of factors, such as your location, and/or availability of Carbon Units. EKOBON reserves the right to unilaterally replace specified Carbon Units with other Carbon Units provided the replacement Carbon Units satisfies similar criteria such as price and quality. EKOBON warrants that the origin of the Carbon Units is certified and/or provided by such entities and/or the market/platforms provided by them and/or third parties not being EKOBON, and such documentation is available upon request from you to the EKOBON customer service. Parts of the EKOBON service may be free of Goods and service tax (GST), if applicable under the Goods and service tax act, as applicable in India.

4. Governing Law.

These GTCs shall be governed by and construed in accordance with the laws of India. These terms will not limit any consumer protection rights that you may be entitled to under mandatory laws. You and EKOBON agree that any dispute, claim, or controversy between you and EKOBON arising in connection with or relating in any way to these Agreements or to your relationship with EKOBON as a user of the service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Agreements) will be determined by the Indian Arbitration Act to the extent applicable, if not applicable the legal venue shall be Mumbai city court.

5. Third-Party Applications.

You may encounter third party applications (including, without limitation, websites, widgets, software, or other software utilities) (“Applications”) that interact with the EKOBON service. Your use of these Applications may be subject to third party terms of use or license terms.

6. Customer Support.

To find more information about our service and its features or if you need assistance with your account, please visit our website or contact us at info@ekobon.com. In the event of any conflict between these GTCs and information provided by EKOBON representatives or other portions of our website, these GTCs will prevail.

7. Survival.

If any provision or provisions of these GTCs shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

8. Electronic Communications.

We will send you information relating to your use of the service (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration. As a EKOBON customer we will also send you information about EKOBON products and ongoing campaigns.

9. Warranty and disclaimer.

EKOBON warrants and guarantees that the Carbon Units acquired will not under any circumstance be re-sold or in any other way made available to any third party. We endeavour to provide the best service we can, but you understand and agree that the EKOBON service is provided “as is” and “as available”, without express or implied warranty or condition of any kind, and that the use of the service is at your own risk. To the fullest extent permitted by applicable law, EKOBON and all owners of the actual Carbon Units or services make no representations and disclaim any warranties or conditions of satisfactory quality, merchantability, fitness for a particular purpose, or non-infringement, except for the cancellation (offset) of such Carbon Units. Neither EKOBON nor any owner of content warrants that the EKOBON service is free of malware or other harmful components. In addition, EKOBON makes no representation, nor does it warrant, endorse, guarantee, or assume responsibility for any third-party applications (or the content thereof), user content, or any other product or service advertised or offered by a third party on or through the EKOBON service or any hyperlinked website, or featured in any banner or other advertising. You understand and agree that EKOBON is not responsible or liable for any transaction between you and third-party providers of third-party applications or products or services advertised on or through the EKOBON service. No advice or information whether oral or in writing obtained by you from EKOBON shall create any warranty on behalf of EKOBON in this regard.

10. Limitation.

You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the EKOBON service is to stop using the EKOBON service. To the fullest extent permitted by law, in no event will EKOBON, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable for (1) any indirect, special, incidental, punitive, exemplary, or consequential damages; (2) any loss of use, data, business, or profits (whether direct or indirect), in all cases arising out of the use or inability to use the EKOBON service, third party applications, or third party application content, without regard to whether EKOBON has been warned of the possibility of those damages, or (3) aggregate liability for all claims relating to the EKOBON service, third party applications, or third party application content more than the amounts captured as fees for the services, expressly excluding the underlying cost of any Carbon Units acquired to match the virtual Carbon Units transacted, and you accept and acknowledge that the fees captured may vary from case to case. Nothing in the Agreements removes or limits EKOBON’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence.

11. Entire Agreement.

Other than as stated in this section or as explicitly agreed upon in writing between you and EKOBON, the Agreements constitute all the terms and conditions agreed upon between you and EKOBON and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.

12. Severability and waiver.

Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law. Any failure by EKOBON or any third-party beneficiary to enforce the Agreements or any provision thereof shall not waive EKOBON’s or the applicable third-party beneficiary’s right to do so.

13. Assignment.

EKOBON may assign the Agreements or any part of them, and EKOBON may delegate any of its obligations under the Agreements. You may not assign the Agreements or any part of them, nor transfer or sub-license your rights under the Agreements, to any third party.

14. Indemnification.

To the fullest extent permitted by applicable law, you agree to indemnify and hold EKOBON harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: (1) your breach of this Agreement; (2) any activity in which you engage in or through the EKOBON Service; and (3) your violation of any law or the rights of a third party.

15. Payment.

For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details. We do not provide refunds or credits for any purchase. When purchasing Carbon Units through EKOBON, you consent to get access to EKOBON services immediately.

16. Passwords & Account Access.

The Customer who created the EKOBON account and whose Payment Method is charged (the “Account Owner”) has access and control over the EKOBON account. To maintain control over the account and to prevent anyone from accessing it, the Account Owner should not reveal the password, nor the Payment Method details (e.g., last four digits of their credit or debit card, their email address if they use PayPal or UPI ID) associated with the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the EKOBON website and services and not through a hyperlink in an email or any other electronic communication not coming directly from EKOBON, even if it looks official. We can terminate your account or place your account on hold in order to protect you, EKOBON or our partners from identity theft or other fraudulent activity.

17. Privacy.

Your customer relationship with EKOBON will be treated as a running customer relationship in order for EKOBON to provide you with the best possible service level, including access to information about previous transactions. When using EKOBON services and becoming a Customer, EKOBON will process your personal data in accordance with the EKOBON Privacy Policy.

18. Contact.

If you have any questions concerning the EKOBON service or the Agreements, please contact EKOBON by visiting our website and follow the instructions contained therein:https://www.ekobon.com.

EKOBON DATA PROTECTION POLICY

1.Introduction.

This Data Protection Policy (the “Policy”) sets out how EKOBON (“we” and/or as defined in the GTCs) handle personal data in the EKOBON services (as defined in the GTCs) and on associated websites, third party partner platforms and applications for desktops, tablets and mobile handsets (hereinafter referred to as the “Service”). By using the Service, you indicate your acceptance of this Policy. If you do not agree to this Policy, you are not permitted to access the Service and you should not do so. By personal data we mean information that can be used to uniquely identify a single person. If you have questions about this Policy, please feel free to contact us by following the instructions on our website: https://www.ekobon.com or by sending an e-mail to info@ekobon.com

2. Children and privacy.

We do not knowingly collect information from children under age 15. If you are under age 15, you are not permitted to use the Service. If you are 15 – 17 years of age, you may visit, browse and use the information on the Service but you may not register an account or submit any personal information. If you are 15 – 17 years old, by browsing, using or accessing the Service you confirm that you have the permission of a parent or guardian to do so. If you are a parent or guardian and believe that we may have inadvertently collected personal information from your child, please notify us immediately by following the instructions on our website: https://www.ekobon.com or by sending an e-mail to info@ekobon.com

3. COLLECTION AND USE OF PERSONAL DATA.

When you register as a user for the Service at a EKOBON website or through a third-party partner platform, you may provide us with certain information that we store. When you use the Service, we may store information generated by your use of the Service, such as virtual emissions statistics for your user, activity in the Service, time of log-in, location of sessions if allowed by the device, what version of the Service you use, technical data such as your IP address, location information, and other similar information. If the Service is accessed via a handheld device, we also store a number that uniquely identifies the device. Information that you add to your profile like your age may also be stored. If you reply to surveys that we have provided, or otherwise provide us with your personal data in response to our communications to you, the information you provide will be made anonymous unless otherwise specified. This information is used to provide the Service to you, to calculate settlement when acquiring actual emission quotas, to improve the Service, and, if provided by you in response to our communications, to provide you with special offers and promotions from EKOBON or its partners. Your participation in any such special offer is completely voluntary.

4. Lawful bases of processing:

We primarily process your personal data so that we can fulfil our contractual obligations to you as well as to pursue our legitimate interest to run, maintain and develop our operations and to create and maintain customer and other business relationships. When choosing to use your data on the basis of our legitimate interests, we consider our own interests against your right to privacy and e.g., provide you with easy to use opt-out from our marketing communications. We also use anonymized and non-personally identifiable data when possible. We may also process your personal data in order to comply with our legal obligations. In some parts of the Services, you may be requested to grant your consent for the processing of personal data. In this event, you may withdraw your consent at any time. Please see point 12 as below for further information on how to exercise this and other rights.

5. Sharing information with third parties.

We will not share your personal data with third parties except in the following situations:
a) when you have given, us consent to share such personal data. This can for instance be in relation Facebook, Twitter, LinkedIn, or similar social media (as further described in point 7 below) or other.
b) when necessary for billing purposes or other services/functions performed on our behalf, we share information with the billing provider or other vendor to facilitate billing or other services/functions, respectively. The payment information is stored by the billing provider and not by EKOBON.
c) when we engage third parties to perform services on behalf of us in relation to the EKOBON service, either companies that are affiliated with us or third parties. In such cases we will remain responsible for your personal data and ensure that all handling of the data will be in accordance with this policy and applicable laws; and
d) in response to legal process, such as a request by law enforcement, a court order or similar, or to protect the integrity of the Service if we believe that a user has committed unlawful or otherwise harmful acts.
e) when using EKOBON services through a third-party partner platform information may be shared with the EKOBON partner to the extent necessary for EKOBON and the third party platform partner to deliver the agreed services and for the third party platform partner´s own purposes.
We will never sell your personal data to third parties and except for as stated above we will never allow third parties to have access to your data for their own purposes unless you otherwise provide your consent. If all or part of EKOBON is sold, merged or is otherwise transferred to another entity, the information you have provided on or through the Service may be transferred to such entity as part of that transaction.

6. Communications.

If you have provided us with your email address or your phone number, we will only use this information to communicate with you in matters relevant to the Service. Such information includes receipts for payment, information about changes in the Service, changes in the GTCs and this Policy. We will not use this information to send you information about third party services unless you otherwise provide your consent. Providing us with this information in response to our communications to you shall be considered consent from you to use this information to send you information about third party services. If the legal statuary requirements are met or if you have opted in, we will send you our newsletter and similar information. You can at any time give us notice that you no longer want to receive such communication.

7. Server log files.

Usage of the Service may be logged in the server log files. These log files include the IP address of the device that accessed the Service together with the time of the use and which resource that was requested, as well as user identification information. The log file of the Service is used to create anonymous usage statistics that are used to settle with the owners of the content, to analyse the usage of the Service, and for the purposes of system administration.

8. Cookies and similar technologies.

A cookie is a small file that is placed on your device that allows EKOBON and our partners to recognize your device when you return to the web page. We use cookies to offer log-in functionality, to remember user preferences and to understand how our web pages are used. We may use both temporary (“session”) and persistent cookies. You can delete cookies in your browser anytime and you can also blockcookies from being placed. This may however impact the functionality of the service. EKOBON may also use third party vendor remarketing tracking cookies, including the Google AdWords tracking cookie. This means we will continue to show ads to you across the internet, utilizing the existing ad-networks that facilitate this type of advertising. As always, we respect your privacy and are not collecting any identifiable information through the use of Google’s or any other third party remarketing system. We do not, however, control these cookies, and they are not subject to this Policy. Third party vendors do not have access to the Service’s cookies. The use of cookies sent by third party vendors is standard. In addition to our own, cookies are also placed by Google Analytics as described below.

9. Integration with third party services.

Google Analytics: We may use Google Analytics from Google (Google Inc, US) on our web pages to create anonymous usage statistics. If you have concerns relating to the usage of Google Analytics, be informed that it is possible to block Google Analytics by installing a plug-in to your browser. A plug-in for the most common browsers can be found here: http://tools.google.com/dlpage/gaoptout
Facebook: If you enable the function “Connect to Facebook” in the settings of your Service client we will share your favourites with Facebook (Meta Platforms Inc, Menlo Park, California) enabling your Facebook friends to see your virtual emission cuts and enabling you to see your Facebook friends’ similar activity. Further if you use the function “share” you can post to your Facebook account directly from the Service client. Please refer to Facebook’s privacy policy to understand how Facebook deals with your data.
Twitter: If you use the function “share” you can post to your Twitter account (provided by Twitter Inc, US) directly from the Service client. Such posting might involve sharing personal data. Please refer to Twitter’s privacy policy to understand how Twitter deals with your data.
LinkedIn: If you use the function “share” you can post to your LinkedIn account (provided by LinkedIn Corporation, US) directly from the Service client. Such posting might involve sharing personal data. Please refer to LinkedIn’s privacy policy to understand how LinkedIn deals with your data.

10. Integration with third party websites.

We may link to third party websites. EKOBON cannot control or be held liable for third parties’ privacy policies and content. Please refer to the site’s privacy policy to understand how the site deals with your data. For the avoidance of doubt, this Policy applies solely to information collected by the Service.

11. Safeguarding of personal data.

We store your data in a secure manner on restricted and protected equipment. Only a limited number of personnel have access to this equipment and only persons with a legitimate reason have access to your personal data. While we take reasonable precautions for protection of personal data, no security measures are completely secure, and we do not guarantee the security of personal data.

12. Retention of personal data.

We will retain your personal information only for the period necessary to fulfil the purposes outlined in this policy. When it is no longer necessary to store the data, it will be deleted or made anonymous in a safe and permanent manner or the access to it will be blocked to the extent that statutory data retention requirements apply.

14. Detection of misuse of the service.

If there is suspicion of misuse of the Service, we might combine data collected in accordance with this Policy with other information in order to investigate the extent of the misuse and who is responsible.

15. Compliance.

We will at all times treat personal data as set out in this Policy and at all times comply with applicable data protection legislation and regulations.

16. Notices, consents & contact.

If you have questions regarding your data stored with us, its rectification or deletion, or would like to revoke any consent provided to us, object against certain uses or similar, please feel free to contact us at info@ekobon.com.

17. Amendments to policy.

The Service is subject to constant improvement and future changes may influence what data we store and how we process it. This Policy might be updated to reflect such changes, changes in legal framework or improvements in how we handle personal data. Such changes or updates are effective immediately after we give notice of the change or update, which we may do by revising the “Date of Last Revision” date of this Policy or by otherwise posting on the Service, or by email or conventional mail, and/or by any other means which provides reasonable notice. Your use of the Service after such notice is posted means that you accept these changes or updates. You agree that EKOBON shall not be liable to you for any

18. International users.

EKOBON may process information about its users on computers and servers located in a number of countries, any of which may be located outside of your state, province, country, or other governmental jurisdiction and where the privacy laws may not be as protective as those in your jurisdiction. When transferring your personal data to jurisdictions outside the Indian Subcontinents we always ensure that your personal data receives an adequate level of protection and that we can ensure that your rights can be adequately exercised.