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Terms

Terms & Conditions for use of this website 

1.

Overview

1.1 Trees That Count is an online community marketplace for native tree plantings in New Zealand. Trees That Count counts native tree plantings in New Zealand (the "Count"), and encourages a social movement to increase public participation in native forest restoration.
1.2 Trees That Count is a programme managed by the Project Crimson Trust. The Project Crimson Trust is a non-profit registered charitable trust which delivers restoration and environmental education programmes throughout New Zealand.
1.3 This website and all services and online tools (the "Marketplace") exist to facilitate funding from members of the public and organisations wishing to contribute  towards the planting of native trees ("Funders") by community planting groups or individuals who have applied for trees from Trees That Count in order to complete planned native tree planting projects in New Zealand ("Planters").  Nurseries can also register to supply products and services to Planters in their locality ("Suppliers").
1.4 The Marketplace is governed by these terms and conditions ("Terms").  These Terms apply to every Funder, Planter and Supplier (referred to collectively as "Users", "you", "your") using the Marketplace.  By funding trees through the Marketplace, every Funder accepts these Terms authorising Trees That Count to use the funding and apply it towards the activities of Planters and Suppliers (as applicable) on their behalf, in accordance with these Terms.  By registering on the Marketplace, Planters and Suppliers agree to be bound by these Terms governing how they must use money or trees (as applicable) contributed by Funders and passed on by Trees That Count.  
1.5 While these Terms use the name "Trees That Count" (also referred to as "us", "we", "our" etc.), by using the Marketplace you will be entering into a contractual relationship with the Project Crimson Trust (as the legal body managing Trees That Count).  
1.6 Any new features or tools which are added to the current Marketplace shall also be subject to these Terms.  You can review the most current version of the Terms at any time on this page.  We reserve the right to update, change or replace any of these Terms from time to time.  Users agree to check these Terms and to be bound by the conditions that are in effect at the time at which you access the Marketplace.

2.

Registration

2.1 To be a member of the Marketplace you must be over 18 years of age and reside in New Zealand. We reserve the right to refuse or cancel the registration of a member for any reason whatsoever.
2.2 When you register on the Marketplace, you may be asked for your name, address, email address and a password. You will also be asked to indicate your group type (individual, family/household, rural, business, school/tertiary, community organisation or other NGO). Once we have your group type, we will be able to associate your activity on the Marketplace with your profile (name, group type and image).
2.3 You must be a fully registered member if you wish to complete any of the following activities:
(a) adding native trees to the Count for the previous, current or next planting season;
(b) applying for funding towards the costs of trees for a planned planting;
(c) registering planting projects and joining campaigns as part of the Count;
(d) registering as a supplier of seedlings and trees for plantings;
(e) adding trees to a Tree Profile and being included on the Leaderboard;
(f) pledging volunteer time to support planting activity, either as individuals or in groups; and
(g) pledging private land for potential planting by a Trees That Count registered member.
2.4 While you do not need to fully register to fund or gift trees, we require a valid email address to facilitate these transactions and we will store your email so that you can easily complete your registration at some point in the future if you choose. To fund trees through the Marketplace you must be over 14 years of age [and reside in New Zealand], or a parent or guardian must manage the account on your behalf.  

3.

Passwords & security

3.1 Because your email and password allows access to view and edit your contact information, we advise that you keep your email and password secure and that you should not give out these details to any other person. Trees That Count will never ask you to disclose your password.
3.2 We recommend the password you select should not relate to any readily accessible data such as your name, birthdate, address, telephone number, driver's licence, licence plate or passport. Nor should it be an obvious combination of letters and numbers, including sequential or same numbers or letters. You are entirely responsible for maintaining the security of your Trees That Count login, and for all activity which occurs on or through your account, whether authorised or unauthorised.
3.3 If any unauthorised party gains access to your username and password, please notify us immediately here and change your password immediately. We do not have any liability for your failure to comply with these obligations.

4.

The Count

4.1 The Count is a live count of all native tree plantings planned and planted through the Trees That Count programme (including trees funded both within and outside the Marketplace).
4.2 All registered Funders and Planters will have a Tree Profile on the Marketplace which will display information about the plantings they have funded or planted (as applicable), including the location of their plantings on the Count's map. The number of trees listed on a Tree Profile will influence the position of Funders and Planters on the Leaderboard.
4.3 To ensure the best possible accuracy of the information contained on the Marketplace, we may monitor, audit, modify or exclude plantings from the Count. Notwithstanding this clause, we provide no assurance or warranty that the information contained on the Count is up-to-date, accurate, error-free or complete.

5.

Tree funding

5.1 Tree Product selection
(a) Funders can contribute money towards the costs of planting native trees within selected planting projects with different environmental benefits (known as "Tree Products").
(b) Tree Products are divided into the following two categories:
(i) Standard Plantings
(A) Standard Plantings enable Funders to donate towards the costs of purchasing native trees for planting. Under the different Standard Planting options, Funders can specify particular environmental characteristics for the planting project(s) that the Funder wishes to donate towards (e.g. desired planting region and planting season. Details of the current Standard Plantings on offer are located here.
(B) Funders can make an online donation to Trees That Count towards Standard Plantings with a credit card. Funders can also purchase a gift certificate with a credit card for one or more trees to be planted in the name of the gift recipient. Funders are able to specify a name, email and message and Trees That Count will facilitate a gift certificate (PDF) via email to the recipient.
(C) Funders can set the value of the donation or gift certificate by selecting one or more of our Standard Plantings on offer. The pricing per Standard Planting is set out on the pricing page (located here).
(D) A Funder's credit card will be charged by Stripe for the value of the donation and the Funder will be sent an electronic receipt to the email address provided at the time of making the donation. The Funder's receipt is issued in the name of The Project Crimson Trust, which is a registered charity, enabling Funders to claim a tax credit at the end of the tax year if they are a New Zealand resident.
(E) In general, donations are non-refundable. However, we will refund a transaction via Stripe where a credit card has been used without the authorisation of the cardholder or other circumstances advised by our bank.
(ii) Planting for Carbon Products
(A) Planting for Carbon Products enable Funders to contribute towards the cancellation of carbon credits (either New Zealand units or verified voluntary carbon credits) generated from the planting [or restoration] of native trees in New Zealand, in order to enable Funders to offset some or all of their emissions. Details of the current Planting for Carbon Products on offer are located here.
(B) We will purchase the number of carbon credits that the Funder has selected through its purchase of the relevant Planting for Carbon Product. The costs of Planting for Carbon Products are determined by the market cost for carbon credits plus our actual transaction and administration costs, and any reasonable margin determined by us. The pricing per Planting for Carbon Product is set out on the pricing page (located here).
(C) Following payment by the Funder, Trees That Count will cancel the relevant number of carbon credits on the Funder's behalf in our account in the relevant external public registry. The cancelled carbon credits cannot be further traded or surrendered to another third party.
(D) Funders can purchase Planting for Carbon Products from Trees That Count with a credit card. The Funder's credit card will be charged by Stripe for the value of the purchase and the Funder will be sent an electronic receipt to the email address provided at the time of making the purchase. The GST or other tax component, if any, of your payment will not be allocated towards the acquisition of carbon credits. The Funder's receipt is issued in the name of The Project Crimson Trust.
 
(c) While we will make all reasonable efforts to match a Funder's contribution with a planting project that meets their specifications, we reserve the right to remove a specification or condition in order to enable funding to be matched with an unfunded planting project before the last practical date for distribution of funding to facilitate planting in the current or next planting season, provided that any modified funding will give substantial and reasonable effect to the intent of the Funder's specifications.
(d) Trees That Count will enter into arrangements with Planters and Suppliers to facilitate the supply of trees to Planters and the completion of planting projects. While we will take reasonable steps to substantiate that Planters and Suppliers will comply with their contractual obligations (including verifying plantings), you acknowledge that Trees That Count cannot guarantee the existence and survival of all trees funded through the Marketplace.
 
5.2 Processing payments
(a) Trees That Count is the trading name used by The Project Crimson Trust. The name that will appear on the statement when funding a tree on this Marketplace is "Trees That Count".
(b) Where payment is required for a transaction on the Marketplace, we use a payment provider called Stripe to process those transactions. Stripe will process and store Funders' personal information as required. The commitment of Stripe to safely store personal data is set out in its privacy policy on its website.
5.3 Funder acknowledgements
(a) Funders acknowledge and agree not to make false or misleading statements about the tree plantings that the Funder has contributed towards. In particular, a Funder acknowledges and agrees that:
(i) by donating towards Standard Plantings (such as the 'Restoration Trees' or 'Protection Trees' Tree Products), the Funder is not receiving a carbon offset or a New Zealand unit under the New Zealand Emissions Trading Scheme and cannot make a claim to this effect; and  
(ii) by purchasing Planting for Carbon Products, Trees That Count is acquiring and cancelling the number of carbon credits selected by the Funder, on the Funder's behalf. Carbon credits do not transfer to the Funder and cannot be used by the Funder to satisfy any obligations under the New Zealand Emissions Trading Scheme or any other emissions trading programme in any country. Trees That Count does not warrant the accuracy of any carbon claims made by you.
   
(b) If a Funder acquires or holds itself out as acquiring any Planting for Carbon Products for the purposes of a business, the provisions of the Consumer Guarantees Act 1993 shall not apply.

6.

Planting Trees

6.1 The Count
(a) You can become a Planter by registering as a member or group and adding native trees to the Count that have been planted ("Actual Planting") or native trees that you plan to plant in the current or next planting season ("Planned Planting").
(b) In submitting planting details, Planters must provide the information required by Trees That Count. Plantings are restricted to a single year and planting season, although Planters can add multiple plantings and link plantings together using a Project.
(c) Each registered planting will be added to Trees That Count's overall Count.
 
6.2 Confirming Plantings
(a) Where a Planned Planting has been submitted to the Marketplace, a Planter is committing to plant native trees in accordance with the planting specifications submitted to Trees That Count.
(b) Once planted, a Planter must submit the required information to confirm that the planting has occurred and an Actual Planting will replace the Planned Planting on Trees That Count's map of the Count.
(c) Master Planters are responsible for the on-going monitoring and maintenance of a planting and will provide on-going information to Trees That Count on the growth of the trees, as required by Trees That Count.
6.3 Applications for Trees
(a) Planters who add trees to the Count, confirm plantings and supply monitoring data will be automatically awarded "Master Planter" status and be eligible to make an application for trees for the current or next planting season.
(b) A Master Planter can apply for trees funded by Funders for a Planned Planting (from the "Tree Pool"). We may, at our sole discretion, accept or reject an application for funding from the Tree Pool.
(c) Acceptance may be conditional on the Master Planter entering into a Planting Partnership Agreement with Trees That Count, which will specify the Master Planter's planning, planting and monitoring obligations in respect of the funded tree plantings. The requirement to enter into a Planting Partnership Agreement will depend on the size of the planting, whether the planting is being verified for carbon offsets and/or any special conditions negotiated by Trees That Count with the Funder.
(d) If an application to the Tree Pool is accepted, Trees That Count will provide the Master Planter with either a purchase order to receive plants from a Supplier or a confirmation that the cost of trees will be met by Trees That Count on receipt of an invoice from a Supplier of the Planter's choice.
(e) Where a purchase order is being supplied, a Master Planter may indicate a preferred Supplier. There is no guarantee that the preferred Supplier will be selected as it is subject to Trees That Count's approval and the Supplier having the necessary quantity of trees for the Planned Planting. Within [3] business days after the scheduled delivery day (per the purchase order), the Master Planter will notify Trees That Count that it has received the trees from the Supplier.
(f) Master Planters will only maintain their status as a Master Planter (and be eligible to apply for additional funding) if they:
(i) confirm all Planned Plantings as Actual Plantings within the specified timeframe;  
(ii) submit at least one 'Monitoring Report' to Trees That Count per planting season; and
(iii) comply with their obligations under any Planting Partnership Agreement (if required in accordance with clause 6.3(c)).
 
6.4 Trees That Count reserves the right to:
(a) change the requirements for Master Planters and/or the criteria and process to apply for trees from the Tree Pool without notice at any time; and
(b) terminate a Planter's Master Planter status if we believe that a Planter has breached any of these Terms or the terms of the Planting Partnership Agreement (if applicable).

7.

Supplying tree products

7.1 You can become a Supplier by registering as a group or member and completing an additional registration for approval by Trees That Count to be a Supplier. A Supplier provides native seedlings and trees to Planters and is paid for such products by Trees That Count with funding provided by Funders. Acceptance as a Supplier is conditional on the Supplier entering into an individually negotiated Supply Agreement with Trees That Count, which will specify the terms of supplying seedlings or trees to Planters (including relevant pricing). We may, at our sole discretion, accept or reject an application to register as a Supplier on the Marketplace.
7.2 A Supplier must maintain an inventory on the Marketplace to be eligible for selection as a Preferred Supplier by a Planter. The information that a Supplier must include in their inventory is located here.
7.3 If selected to supply trees for a Planned Planting, Trees That Count will issue the Planter with a purchase order and Trees That Count will notify the Supplier that they have been selected as the preferred Supplier for a Planned Planting. The Supplier must provide the relevant plantings to the Planter in accordance with the delivery details on the purchase order. The Supplier must ensure it complies with the specifications of that purchase order.
7.4 The purchase order is confirmation of a future payment from Trees That Count to the Supplier for the provision of trees required for the Planned Planting. The Supplier is to provide payment details to Trees That Count, who will release the funds once the Planter has confirmed receipt of the required trees from the relevant Planters.
7.5 Trees That Count reserves the right to remove a Supplier from the Marketplace if we believe that a Supplier has breached any of these Terms or the conditions of Supplier registration contained within the relevant Supply Agreement.

8.

Marketplace content

8.1 We do not represent or warrant that the information, services or materials accessed from or through the Marketplace will be uninterrupted or free of errors, defects, viruses or other harmful components, or that any such problems which are discovered will be corrected.
8.2 We make no representation or warranty regarding the functionality or condition of the Marketplace, its suitability for use, or that its use will be uninterrupted or error-free. We may update the information or materials on the Marketplace from time to time and no assurance or warranty is given that information or material on the Marketplace is up-to-date, accurate, error-free or complete.
8.3 Links and references to other websites may be included on the Marketplace as a convenience only. We may not have reviewed this external information and do not endorse or assume any responsibility for any other websites, material posted on them, or products or services offered on those websites.

9.

User generated content

9.1 The Marketplace exists to gather, count and display information provided by the public relating to planned and actual tree planting activity nationwide.
9.2 Users provide us with information required for us to count, facilitate and celebrate the following activities:
(a) funding and gifting native trees to cover the costs of planting;
(b) adding native trees to the Count for the previous, current or next planting season;
(c) applying for funding towards the costs of trees for a planned planting;
(d) registering planting projects and joining campaigns as part of the Count;
(e) registering as a supplier of seedlings and trees for plantings;
(f) adding trees to a Tree Profile and being included on the Leaderboard;
(g) pledging volunteer time to support planting activity, either as individuals or in groups; and
(h) pledging private land for potential planting by a Trees That Count registered member.
 
9.3 When you input information into the Marketplace you confirm that it:
(a) is, to the best of your knowledge, accurate;
(b) does not infringe any copyright, trademarks, rights of privacy, confidentiality or intellectual property of any third party;
(c) does not contain any defamatory, abusive or offensive content; and
(d) does not impersonate someone else, or pretend to be associated with something when you are not.
 
9.4 We reserve the right to refund, remove or edit any transactions or content associated with your user account which does not comply with the above terms of use for any reason.
9.5 Information or material which you provide electronically through your registration or use of the Marketplace is not confidential or proprietary and you acknowledge that unprotected communication over the Internet is subject to possible interception, alteration or loss. You agree that we shall have no liability for the interception or 'hacking' of your data through the Marketplace by unauthorised third parties.

10.

Limitation of Liability

10.1 Trees That Count will not be liable for direct, indirect, special, incidental, consequential, punitive or exemplary damages or loss of any kind whatsoever including for lost data, lost business, loss of profits, injury, claim, liability or damage or failure of security resulting from:
(a) your use of the Marketplace;
(b) your representations or activities on or through the Marketplace; or
(c) the representations or activities of the Planters or Suppliers made on or through the Marketplace.
10.2 You indemnify and hold Trees That Count, its affiliates, officers, employees and agents harmless from any liabilities, claims, expenses or demands, including legal fees and costs made by any third party due to or arising out of or in connection with:
(a) your use of the Marketplace;
(b) content uploaded by you or other Users;
(c) your breach of these Terms; or
(d) any liability arising in connection with the use of your account.
 

11.

Privacy

Trees That Count respects your privacy. Please read our Privacy Policy, which forms part of these Terms.

12.

Copyright & trademarks

12.1 We own all information on the Marketplace whether it is directly owned by us or licensed to Trees That Count. All material on the Marketplace, including, without limitation, text, images, designs, graphics, pictures, video, software, music and sound files, the layout, the look-and-feel and any other information contained on or in the Marketplace (collectively referred to as the Content) is subject to copyright, various intellectual property protections (registered and unregistered) and other proprietary rights.
12.2 All trademarks, logos, brands and service marks (Marks) displayed on the Marketplace will either be registered or unregistered Marks of Trees That Count or will have been licensed to us for use on the Marketplace by third parties. You may not use any of the Marks on this website without our prior written permission.

13.

Dispute resolution

13.1 A User may not commence any court or arbitration proceedings relating to a question, difference or dispute relating to these Terms ("Dispute"), unless the User has first complied with this section.
13.2 Where any Dispute arises, a representative of the User and Trees That Count will meet and negotiate in good faith in an attempt to resolve the Dispute amicably by good faith discussion.
13.3 Where the representatives of the parties do not resolve the Dispute within five (5) business days (or as agreed) of initiating negotiations, the relevant parties agree to mediate any Dispute in terms of the LEADR New Zealand Incorporated Standard Mediation Agreement. The mediation will be conducted by a mediator and a fee paid by the parties to the Dispute.
13.4 If the parties fail to settle the Dispute by mediation then either party may initiate arbitration (but not litigation) in accordance with the Arbitration Act 1996 to resolve the Dispute.
13.5 Nothing in this section will preclude a party from taking immediate steps to seek urgent injunctive or equitable relief before an appropriate court.

14.

General Terms

14.1 Jurisdiction: These Terms are governed by the laws of New Zealand. You submit to the exclusive jurisdiction of the Courts of New Zealand
14.2 Severability: If any provision of these Terms is held invalid, then such provision (to the extent it is invalid) is deemed severed from these Terms and the remainder shall not be affected.
14.3 No waiver: If a party breaches these Terms and the other party does not immediately enforce its rights resulting from the breach that does not mean that the party in breach is released or excused from its obligation to perform the obligation at the time or in the future and does not prevent the other party from exercising its rights resulting from the breach at a later time.
14.4 No joint venture: Nothing in these Terms shall evidence or be deemed to constitute a partnership or joint venture between the parties, nor will either party constitute an agent of the other party.
14.5 Entire agreement: These Terms are to be read in conjunction with our Privacy Policy and any additional terms we require a User to agree to in order to be awarded Master Planter and/or Supplier status (as applicable) ("Additional Terms"), and together constitute the entire agreement between the User and Trees That Count and supersede any and all prior oral or written communication on the subject matter contained in them. If there is any conflict between these Terms and the Additional Terms, then these Terms will prevail to the extent of the inconsistency.