Terms & Conditions for use of this website
1.1 Trees That Count (TTC) 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.
1.2 Trees That Count is an online marketplace for facilitating funding of native tree plantings (which includes native shrubs that grow to a height greater than 5 metres, any further reference to “trees” captures such shrubs) in New Zealand. Trees That Count aims to encourage a social movement to increase public participation in native forest restoration.
1.3 Trees That Count also counts the native tree plantings in New Zealand for which it facilitates funding as well as the native tree plantings undertaken by the Planters but funded by third parties outside of the Tree That Counts programme (see clause 4).
1.4 This website and online tools and all associated online and offline services (the "Marketplace") exist to facilitate funding from members of the public and organisations wishing to contribute towards the planting of native trees ("Funders") by 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, or are engaged by Planters (with our agreement), to supply products and associated services to Planters generally in their locality ("Suppliers").
1.5 The Marketplace is governed by these terms and conditions ("Terms"). These Terms apply to every Funder, Planter and Supplier, as well as other users ("Users") using the Marketplace, including where a User is simply using the CO2 Calculator and no other associated Marketplace tools or services, (with all such parties – Funders, Planters, Suppliers and Users – referred to collectively as "you" or "your").
1.6 By funding trees through the Marketplace, every Funder accepts these Terms authorising Trees That Count to use the funding and apply it towards (as applicable) the activities of Planters and Suppliers, and the services provided by Trees That Count to enable such activities on the Funder’s behalf, in accordance with these Terms.
1.7 By registering on the Marketplace, Planters and Suppliers agree to be bound by these Terms governing their obligations and how they must use the money or trees (as applicable) contributed by Funders and passed on by Trees That Count in accordance with these Terms.
1.8 By using the Marketplace or any part of it (including the CO2 Calculator) Users accept these Terms and agree to be bound by them.
1.9 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 the Trees That Count programme). “Trees that Count” is a trading name of the Project Crimson Trust when it is carrying out activities associated with the Trees that Count programme.
1.10 Any new features or tools added to the Marketplace from time to time shall also be subject to these Terms. We reserve the right to update, change or replace any of these Terms from time to time. You can review the most current version of the Terms at any time on this page. You agree to check and be bound by the particular Terms that are in effect each time you access and utilise the Marketplace.
2.1 You must be a registered member of the Marketplace if you wish to complete any of the following activities:
(a) add native trees plantings undertaken by a Planter and funded through the Marketplace (“TTC Supported Plantings”) or native tree plantings undertaken by a Planter but funded by third parties outside the Marketplace (“Non-TTC Plantings”) to the Count and Planter Leaderboard for one or more planting seasons commencing in 2016 up to the current planting season;(c) apply as a Planter to be provided native trees through the available Marketplace tree funding (the “Marketplace Tree Pool”) to undertake TTC Supported Plantings;
(c) enter into a Planting Agreement should your application for native trees from the Marketplace Tree Pool be approved by Trees That Count, which shall be supplied by a Supplier as a result of the Funder’s funding, so you can use them to complete a TTC Supported Planting;
(d) register as a Supplier of seedlings and trees for TTC Supported Plantings;
(e) be a Funder, where you are a business (individual natural persons can but are not required to be a registered member to be a Funder); and
(f) create, as a Funder (and not a Planter), a registry that facilitates crowd-funding for native trees to be placed into the MarketPlace Tree Pool and made available for Planters to apply to plant under a Planting Agreement (“Tree Registry”).
2.2 To be a registered member as a Funder, Planter or Supplier or other registered member of the Marketplace you (or the entity’s personal representative) 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.
2.3 When you register on the Marketplace, you may be asked for your name, address or region, email address and a password. You will also be asked to indicate your group type (individual, family/household, rural/farming/forestry, business, school/tertiary, community organisation, NGO/trust/philanthropy, Government, Māori or iwi or nursery/tree supplier). Once we have your profile type, we will be able to associate your activity on the Marketplace with your profile (name, profile type and image).
2.4 Unless you are a business, you do not need to register as a member of the Marketplace to be a Funder, by funding or gifting trees. However, we require a valid email address and the region in which you live 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. Individual Funders must reside in New Zealand, and be over 14 years of age or a parent or legal guardian must manage the account on your behalf.
- 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.
- The counts and Leaderboards
4.1 We provide a ‘count’ for three separate things on the Marketplace:
(a) an overall count, which records the number of confirmed native tree plantings through TTC Supported Plantings, and any Non-TTC Plantings a Planter has chosen to record, for all planting seasons since (and including) 2016 (the “Count”);
(b) all registered Planters have a Tree Profile on the Marketplace, which will be displayed on the Planter Leaderboard, which includes a record of:
(i) for each year’s planting season since (and including) 2016, the number of confirmed native tree plantings through TTC Supported Plantings, and any Non-TTC Plantings the Planter has chosen to record (a “Seasonal Planter Count”);
(ii) the total of all the Planter Seasonal Counts for the particular Planter (the “All-Time Planter Count”);
(c) all registered Funders have a Tree Profile on the Marketplace, which will be displayed on the Funder Leaderboard, which includes a record of:
(i) for each year’s planting season since (and including) 2016, the amount of funding that Funder has contributed to the Marketplace Tree Pool expressed as a number of native tree plantings that could be achieved through TTC Supported Plantings from such funding (a “Seasonal Funder Count”), even if such native tree plantings are carried out in subsequent planting seasons;
(ii) the total of all the Funder Seasonal Counts for the particular Funder (the “All-Time Funder Count”);
4.2 Subject to clause 4.3, we use the Count, Seasonal Planter Count and All-Time Planter Count to record completed TTC Supported Plantings and Non-TTC Plantings, rather than anticipated plantings. We include a planting in the Count and applicable Seasonal Planter Count and All-Time Planter Count, when the Planter confirms to us, by providing us with the planting information we request at the time for the TTC Supported Planting and/or Non-TTC Planting (as applicable), that the trees have been planted (i.e., that the trees are in the ground).
4.3 The Count, and any Seasonal Planter Count and All-Time Planter Count are based information provided by the Planter about Non-TTC Plantings. We do not independently verify or audit each confirmation from our Planters in relation to completed plantings for both TTC Supported Plantings and Non-TTC Plantings, nor do we amend or update the Count to take into account any failed plantings or tree felling. We take no responsibility for the accuracy or completeness of this information. As such we do not represent nor take on any responsibility or liability associated the accuracy of the Count, the Seasonal Planter Counts and All-Time Planter Counts at any time. The Count, the Seasonal Planter Counts and All-Time Planter Counts do not necessarily (at any given time) accurately reflect the current completed, and continuing viable, number of TTC Supported Plantings and Non-TTC Plantings.
4.4 We use the Seasonal Funder Count and All-Time Funder Count to record funding contributed to the Marketplace Tree Pool expressed as a number of native tree plantings that could be achieved through TTC Supported Plantings from such funding, based on information available to us from funded provided by such Funders. The All-Time Funder Counts and Seasonal Funder Counts are based on a Funder’s funding amounts and do not necessarily (at a given point in time) correlate to the number of trees planted, and continuing to grow, which includes as a result of such funding either as a result of a delay between the date such funding is paid to the Marketplace and the date any TTC Supported Planting supported by some or all of such funding is completed (which can cross planting seasons), or as a result of subsequently failed plantings or felled trees. Given it is based on funding, we do not update the Seasonal Funder Counts and All-Time Funder Counts on the receipt of information about completed TTC Supported Plantings to which such funding contributed nor do we amend or update them to take into account any failed plantings or tree felling. We take no responsibility for the accuracy or completeness of this information. As such we do not represent nor take on any responsibility or liability associated the accuracy of the Seasonal Funder Counts and All-Time Funder Counts at any time. The Seasonal Funder Counts and All-Time Funder Counts do not necessarily (at any given time) accurately reflect the current completed, and continuing viable, number of TTC Supported Plantings.
4.5 The All-Time Planter Counts and All-Time Funder Counts will influence the position of Planters and Funders, respectively, on the Planter Leaderboard and Funder Leaderboard (as applicable).
4.6 The information displayed on the registered Funders’ and Planters’ Tree Profiles will include the location of the plantings completed by the Planter, and funded by the Funder, on the Count's map.
4.7 To ensure the best possible accuracy of the information contained on the Marketplace, we may monitor, audit, modify or exclude trees from the Count, and any of the Seasonal Planter Counts, All-Time Planter Counts, Seasonal Funder Counts and/or All-Time Funder Counts.
4.8 Notwithstanding this clause 4, we provide no assurance or warranty that the information contained on the Leaderboards, the Tree Profiles, the Count, and any of the Seasonal Planter Counts, All-Time Planter Counts, Seasonal Funder Counts and All-Time Funder Counts, is up-to-date, accurate, error-free or complete.
- Tree funding
5.1 Funders can contribute money towards the costs of planting native trees through the Marketplace by the following means:
(a) by an online funding donation to Trees That Count using a credit card or direct deposit;
(b) by purchasing 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) registered members can also create a Tree Registry, which is a mechanism for a registered member of the Marketplace to facilitate the funding of native trees on their behalf. A Tree Registry is not a mechanism for matching funded trees with Planters. A Planter does not need to, and is not to, create a Tree Registry to receive trees, but should instead apply for trees from the Marketplace Tree Pool that are funded by third parties through the Marketplace in accordance with these Terms.
(d) Funders can set the value of the donation or gift certificate, or proposed value being sought under the Tree Registry, by choosing how many native trees they wish to fund. The pricing per tree is set out on the pricing page (located here).
5.2 A Funder may select a region of New Zealand in which they would like the tree(s) they fund to be planted. Trees That Count will make all reasonable efforts to match a Funder's contribution with a TTC Supported Planting project that meets the Funder’s region choice, but matching a Funder’s donation to a Planter is subject to available projects in the Marketplace Tree Pool and is at Trees That Count’s sole discretion. For example a Funder’s funding may be matched with an unfunded TTC Supported Planting project in a different region before the last practical date for distribution of funding to facilitate a TTC Supported Planting in the current or next planting season.
5.3 These Terms govern the agreement Trees That Count has through the Marketplace with Planters to enable the planting of the trees funded by one or more Funders through the Marketplace and some of the suppliers of the trees being planted. While we will take reasonable steps to confirm that Planters and Suppliers (where it is a registered Supplier) will comply with their contractual obligations (including verifying TTC Supported Plantings), you acknowledge that Trees That Count does not and cannot guarantee, and makes no representation and has no liability as to, the successful planting and continuing survival and growth of all planned or completed TTC Supported Plantings funded through the Marketplace.
5.4 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".
(c) A Funder's credit card (including each Funder through a registered member’s Tree Registry crowd funding) will be charged by Stripe (our payment provider) 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.
(d) In general, donations are non-refundable. However, we may 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.
5.5 Funder acknowledgements
(a) As a Funder, you acknowledge and agree not to make false or misleading statements about the completed or future tree plantings towards which you have contributed funding. In particular, you acknowledge and agree that:
(i) the funding (represented as a number of trees) you have contributed to the Marketplace Tree Pool at any given time does not necessarily equate to the number of trees that have been planted using its funding and continue to grow. There is necessarily a period of time between the receipt of the funding by Trees That Count and the completion of the TTC Supported Plantings, and this period of time may vary depending on a number of factors including time taken to match funding with Planters and seasonality;
(ii) the funding (represented as a number of trees) you have contributed to the Marketplace Tree Pool at any given time does not necessarily equate to the number of trees that continue to stand and grow. It is common for there to be a percentage of failed plantings in forestry, and events that give rise to planted trees being felled (e.g. a windthrow event) and this is no different for the TTC Supported Planting projects. We are not able to verify the number of successful or failed tree plantings and continued growth of planted trees at this time to enable you to make any representations that would require such certainty.
(iii) you may make statements about the number of trees that can be planted from the funding you have contributed through the Marketplace, and the amount of carbon emissions that could be countered should such number of trees be planted and continue to grow for 50 years, provided it does so in a manner that is consistent with the Fair Trading Act 1986 and any communication guidance we release (from time to time) about communicating on countering carbon emissions through funding the planting of native trees through the Trees That Count Marketplace; and
(iv) by donating funding for the planting of trees through the Marketplace, you are not:
(A) eligible to be awarded a New Zealand unit under the New Zealand Emissions Trading Scheme (governed by the Climate Change Response Act 2002);
(B) receiving a carbon credit or offset by way of a verified emission reduction unit or otherwise;
(C) able to represent or make a claim it has offset particular carbon emissions or create emission reduction units until such time as we have sufficient data to verify any such products, offsets or claims (which we do not have at this time). You can make a statement about how you are funding the planting of trees to enable carbon to be sequestered from the atmosphere over time if and as the trees that are planted continue to grow.
- Carbon Calculator
6.1 The carbon calculator we provide access to through our website intellectual property licensed to us (free of charge) by Tāne’s Tree Trust (“CO2 Calculator”). The underlying models and assumptions used by the CO2 Calculator are the same as that used for the carbon calculator on the Tāne’s Tree Trust website. You can find out more information about those assumptions and the model here.
6.2 When you use the CO2 Calculator, and any calculations derived from use of the CO2 Calculator, you agree to these Terms.
6.3 Trees That Count takes no responsibility for the accuracy of the assumptions and models underpinning the CO2 Calculator, nor the calculations of estimated carbon sequestration provided by the CO2 Calculator, or any reliance on such estimates.
6.4 The estimates provided by using the CO2 Calculator are provided as a general guide only to provide information to you about the amount of carbon that could be removed from the atmosphere over 50 years if the trees you fund through the Marketplace are planted and continuously grow for 50 years. You acknowledge that the emissions are not countered as at the date of planting, rather they are countered over a period of 50 years if and when the trees you have funded are successfully planted, and as the tree(s) grow. Any representation you make about the carbon benefits that could arise from your funding needs to make this clear, and acknowledge that .
6.5 The CO2 Calculator is not for use to determine any verified CO2 offset or reduction, nor for use to determine benefits or liabilities under the New Zealand Emissions Trading Scheme. Use of the CO2 Calculator is not a substitute for legal advice on your obligations under the Climate Change Response Act 2002 (if any) or other applicable law.
6.6 On our website, in relation to the Count, we state the estimated number of tonnes of carbon that a number of native trees equal to the amount of trees comprising the Count would help to remove from the atmosphere. This estimate of the carbon sequestration which could result from the planting and continuous ongoing growth of a number of native trees equal to the amount of the Count is derived from using the CO2 Calculator and is based on a number of assumptions. The estimated carbon sequestration provided on our website in relation to the Count assumes that all the trees to which the Count relates have been planted, remain standing and will grow continuously for the period of 50 years after planting (i.e. the emissions are not countered as at the date of planting, rather they are countered over a period of 50 years if and as the tree(s) grow). We cannot, and do not, guarantee this is the case. In the event any of the trees funded are failed plantings, or subsequently are felled (for example in a windthrow event) before the end of the 50 year period, then the emissions will not have been countered by the planting you funded).
6.7 The models used by Tāne’s Tree Trust, which we use for the CO2 Calculator, are based on a number of growth models and allometric equations developed for New Zealand native trees and shrubs. It is assumed for each atom of carbon sequestered (stored) in trees, a molecule of carbon dioxide was removed from the atmosphere. The actual amount of carbon sequestered by a particular stand can vary from the calculator predictions and is dependent on site quality, stand characteristics and management, as well as whether the period for which the trees continue to stand and grow on that site.
6.8 The CO2 Calculator assumes that the trees are made up of a range of between 5 to 25 percent tall tree species and 75 to 95 percent shrubs and grow continuously over a 50-year period.
6.9 The Funder Tree Profile pages on our website may also include a statement of the estimated number of tonnes of carbon that the funding provided by that through the Marketplace could help to remove from the atmosphere over a 50-year period, from the date any trees funded by that Funder are planted and provided such continue to stand and grow for 50 years from that date. This estimate of the carbon sequestration is derived from using the CO2 Calculator and is based on a number of assumptions. Such assumptions include, amongst other things, that the trees funded by the Funder that are part of a TTC Supported Planting are made up of 25 percent tall tree species and 75 shrubs; and the trees are planted and grow continuously for the period of 50 years after planting. We cannot, and do not, guarantee this is the case.
6.10 To update the Count and the statistics on the Funder profile pages on our website (which also informs the CO2 calculations), we rely on the information about tree plantings provided to us by the Planters in accordance with our Monitoring Guideline. Trees That Count cannot guarantee the accuracy of the information and data provided to it by Planters.
6.11 Over time we will endeavour to improve our monitoring tools and as a result of any such changes to our monitoring tools or other changes the estimated CO2 sequestrations displayed on our website in relation to the Count and the Funder profile pages may decrease or increase accordingly. In addition, Tāne’s Tree Trust may also update the code for the CO2 Calculator, including the underlying assumptions (such as growth and yield models) upon which the CO2 Calculator makes calculations, in which event we expect the CO2 Calculator will be updated accordingly and the estimated CO2 sequestrations displayed on our website may increase or decrease as a result of these updates or any other changes made to the CO2 Calculator, as required by Tāne’s Tree Trust.
- Committed to Climate programme
7.1 We offer the Committed to Climate programme to recognise Funders that have provided funding to the Marketplace Tree Pool in a particular calendar year to enable a significant number of native trees to be planted in due course (in that or subsequent calendar years) through TTC Supported Plantings. To qualify for a Committed to Climate mark (“C2C Mark”) for a calendar year, a Funder must have contributed an amount of funding in that year which is equal to the funding required for TTC Supported Plantings of 500 or more native trees.
7.2 There are three tiers of C2C Marks, which a Funder may qualify for in accordance with the the amount of funding the Funder contributes to the Marketplace Tree Pool in a calendar year:
(a) Kahurangi – granted by us to a Funder where the Funder contributes an amount of funding in a calendar year that is equal to the amount required to fund a TTC Supporting Planting of between 500-1999 native trees;
(b) Hiriwa – granted by us to a Funder where the Funder contributes an amount of funding in a calendar year that is equal to the amount required to fund a TTC Supporting Planting of between 2000-9999 native trees; and
(c) Kowhai – granted by us to a Funder where the Funder contributes an amount of funding in a calendar year that is equal to the amount required to fund a TTC Supporting Planting of 10,000 or more native trees.
7.3 In the event a Funder contributes an amount of funding in a calendar year that would qualify the Funder for one or more of the C2C Marks, we will grant that Funder a non-exclusive, revocable, non-transferable, royalty-free licence to use the relevant C2C Mark(s).
7.4 From time to time, Trees That Count will determine, based on the data in the Marketplace, which Funders qualify for a C2C Mark (and which tier of the C2C Mark is applicable to each qualifying Funder). Trees That Count will notify each qualifying Funder accordingly and provide the Funder with the relevant electronic files for that year’s C2C Marks as well as the current Guidelines for Use of the C2C Marks.
7.5 Your qualification for a C2C Mark is related to the amount of funding you have contributed enabling TTC Supported Plantings, which may be completed in the current or future planting seasons (i.e. within the same or future calendar years to which you provided the funded). The C2C Mark does not make, purport to make, or imply, any representation or suggestion that you have funded completed TTC Supported Plantings, nor that any benefits associated with the planting or continuing growth of such native trees (e.g. the carbon sequestration arising from the growth of any such planted native trees) have occurred or will be realised on the completion of such TTC Supported Plantings. For the avoidance of doubt, such benefits shall be realised over the 50 year life of the native trees, providing such native trees are planted and continue to grow for such 50-year period.
7.6 Once you have qualified for a C2C Mark for a particular calendar year, you can display the C2C Mark for that year in association with your business indefinitely, subject to our ability to revoke the licence of use granted to you, as outlined in clauses 7.3 and 7.11 and otherwise provided in this clause 7.6. Qualifying Funders which use a C2C Mark agree to adhere to the Guidelines for Use of the C2C Marks when displaying their C2C Mark. A Funder cannot make any changes to a C2C Mark without written permission from Trees That Count. If Trees That Count becomes aware that a Funder is not complying with these Terms or the Guidelines for Use of the C2C Mark, Trees That Count reserves the right to revoke the licence it granted to that Funder to use the C2C Mark.
7.7 You will be able to qualify for the following year's C2C Marks by funding the required number of trees through Trees That Count in that year. You can then display both C2C Marks (and any subsequent C2C Marks) to gain further recognitions for your ongoing commitment to funding native trees.
7.8 In using a C2C Mark, a Funder agrees:
(a) only to use a C2C Mark for which they are qualified (i.e., the applicable tier in relation to the relevant calendar year) and in accordance with the Guidelines for Use of the C2C Marks;
(b) to use the C2C Mark in a way and in circumstances which will enhance the positive quality image, brand and values of Trees That Count;
(c) not to use the C2C Mark in a manner which may bring the C2C Mark or Trees That Count into disrepute;
(d) not to assign its right to use the C2C Mark or allow a third party to use the C2C Mark in any way; and
(e) to promptly notify Trees That Count of any significant changes to their business which may be relevant to the Funder’s use of the C2C Mark.
7.9 The assessment and determination of whether a Funder’s use of a C2C Mark is inconsistent with the positive quality image, brand or values of Trees That Count, or if such use may otherwise bring the C2C Mark or Trees That Count into disrepute, is entirely within the discretion of Trees That Count.
7.10 Trees That Count has the right to update or replace the Guidelines for Use and qualifying criteria for the C2C Marks set out in these Terms at any time. Any update or replacement to the qualifying criteria will not invalidate or prohibit a Funder from continuing to use a C2C Mark it was qualified to use under the previous version of the qualifying criteria.
7.11 Trees That Count may revoke the licence granted to a Funder to use any or all of the C2C Marks for which the Funder had previously been granted by Trees That Count to use at any time upon written notice to the Funder.
7.12 Where Trees That Count revokes the licence for a Funder to use any or all of the C2C Marks for which the Funder has previously been permitted by Trees That Count to use, the Funder must immediately, and at its expense, cease to display the C2C Marks which it is no longer permitted to use, including removing the C2C Marks from its website or social media profiles and removing the C2C Marks from physical signage, as well as removing all other physical or online use of the C2C Marks it is no longer permitted to use.
7.13 The C2C Marks are the intellectual property of Trees That Count.
- Planting Trees
8.1 Planter obligations regarding the Count:
(a) We will add the number of trees comprising a TTC Supported Planting to the Count and to your Tree Profile (including your Seasonal Planter Count and All-Time Planter Count) when you have confirmed that TTC Supported Planting has been completed (i.e. all of the native trees comprising that TTC Supported Planting are in the ground) by providing the information requested by us (such as the species of trees, the location and dates of planting, and photographic evidence of the plantings).
(b) If you wish to add trees from Non-TTC Plantings to the Count and your Tree Profile (including your Seasonal Planter Count and All-Time Planter Count), you must register it as a Non-TTC Planting project and provide us information on the number and type of trees comprising the Non-TTC Plantings and such other information and evidence as we may reasonably request about the Non-TTC Plantings. Non-TTC Planting trees can only be added to the Count, and your Seasonal Planter Count and All-Time Planter Count, if they relate to a single calendar year and planting season, although Planters can add multiple plantings and link plantings together using a project. It is our discretion to agree to add such number of trees to the Count and to your Tree Profile (your Seasonal Planter Count and All-Time Planter Count).
(c) The Planter is to monitor and report on the planting and continuing growth of trees which are the subject of TTC Supported Plantings and Non-TTC Plantings in accordance with the Monitoring Guidelines.
8.2 Applications for Trees
(a) If a Planter is planning to undertake planting projects in the current or following planting season of 100 native trees or more, then a registered Planter may apply to us to be provided with funded trees (which must be made up of 25 percent tall tree species and 75 shrubs) from the Marketplace Tree Pool through our Marketplace tool. We may request, and you shall provide, any further information and evidence we reasonably require to consider your application, including further information/evidence about you, your organisation or group and the proposed planting project.
(b) We do not support private landscaping projects or provide trees for home gardens, and in applying to us for approval to access funded trees from the Marketplace Tree Pool a Planter warrants it is not planning on and will not use any such trees for that purpose.
(c) It is Trees That Count’s decision, in its sole discretion, to accept (in whole or in part) or reject an application for funded trees from the Tree Pool for your proposed planting project. If we accept your application in whole or in part, such accepted application becomes a planned TTC Supported Planting. Our acceptance of a planned TTC Supported Planting may be conditional on the Planter entering into a Planting Partnership Agreement with Trees That Count, which will specify the Planter's planning, planting and monitoring obligations in respect of the TTC Supported Planting. The requirement to enter into a Planting Partnership Agreement will depend on the size of the TTC Supported Planting, and/or any special conditions negotiated by Trees That Count with the Funder.
(d) It is the Planter’s decision as to the species of trees to be used for a particular TTC Supported Planting. The Planter is to ensure such species of trees is appropriate for the location of the TTC Supporting Planting, and Trees That Count may require information or evidence to be satisfied this is the case when considering your application and may choose to decline your application on this basis. For the avoidance of doubt, in accepting an application for a TTC Supported Planting, we are making no representation, and have no responsibility or liability associated with, whether such trees species is appropriate for the location of the TTC Supported Planting.
(e) The funding we provided for a TTC Supported Planting is solely the funded trees. The Planter is responsible for arranging and the cost of collection or delivery of the funded trees, and for the planting of those trees at the location specified in its application for the TTC Supported Planting. We have no liability or responsibility to provide additional funded trees in the event that any trees funded by us as part of the TTC Supported Planting are in poor condition, die, or are damaged but may seek the cost of the funded trees from you if the trees are in such state as a result of you failing to take all reasonable care.
(f) If a Planter’s application for a TTC Supported Planting is accepted, Trees That Count will provide the Planter with (at our choice) either a purchase order to receive trees 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 (subject to paragraph (g) below). Trees That Count does not pay cash directly to a Planter.
(g) Where a purchase order is being supplied, a 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 (of the applicable species) for the planned TTC Supported Planting.
(h) Once the Supplier has been agreed to by us, then it is the Planter’s responsibility to lodge an order with the Supplier and arrange collection or delivery at a date that is the start of the TTC Supported Planting. The Supplier’s confirmation of the order must be sent to us for our approval. Within 3 business days after the scheduled collection/delivery day (per the purchase order), the Planter will notify Trees That Count that it has received the trees from the Supplier.
(i) If you elect to use your preferred supplier, you warrant you have ensured the native trees you are being provided and are planting have been eco-sourced and are endemic to the area in which you are planting the trees.
8.3 Conditions of receiving funded trees from Trees That Count
(a) We match, in our sole discretion, a Planter with funding received through our Marketplace. The Planter cannot choose its Funder or decline the Funder that we match with the Planter.
(b) We only fund native trees (or shrubs) that are capable of reaching 5m in height. Check out the common species here.
(c) Planters must commence planting the funded trees provided by the Supplier within 5 days of receiving the trees and complete planting such funded trees within a prompt timeframe (as would be reasonably expected to ensure quality outcomes). Such planting must be in accordance with the TTC Supported Planting and no trees supplied under funding from the Marketplace shall be planted as part of any other project or planting. The Planter must ensure planting of the trees is carried out in accordance with best practice planting practices for native trees of the relevant type, and warrants that it will take all reasonable care to ensure quality outcomes of the TTC Supported Planting.
(d) Planters are responsible for the on-going monitoring and maintenance of the trees they plant and will provide on-going information and data to Trees That Count on the growth of the trees, as required by Trees That Count in accordance with our Monitoring Guidelines.
8.4 Trees That Count reserves the right to:
(a) promote our funding of your TTC Supported Planting project through social media channels, stories and through other media;
(b) change the requirements for Planters and/or the criteria and process to apply for trees from the Marketplace Tree Pool without notice at any time; and
(c) terminate a Planter's Partnership Agreement for trees from the Marketplace if they have breached any of these Terms or the terms of the Planting Partnership Agreement (if applicable).
8.5 Planter acknowledgements
(a) As a Planter, you acknowledge and agree not to make false or misleading statements about your planned or completed TTC Supported Plantings or any other Non-TTC Plantings comprising your All-Time Planter Count. In particular, you acknowledge and agree that:
(i) your All-Time Planter Count or Seasonal Planter Count (including any portion associated with TTC-Supported Plantings) at any given time does not necessarily equate to the number of trees that continue to stand and grow. It is common for there to be a percentage of failed plantings in forestry, and events that give rise to planted trees being felled (e.g. a windthrow event) and this is no different for the TTC Supported Planting projects. We are not able to verify the number of successful or failed tree plantings and continued growth of planted trees at this time to enable you to make any representations that would require such certainty.
(ii) you may make statements about the number of trees that have been funded to plant through the Marketplace, and the amount of carbon emissions that could be countered should such number of trees be successfully planted and continue to grow for 50 years, provided you do so in a manner that is consistent with the Fair Trading Act 1986 and any communication guidance we release (from time to time) about communicating on countering carbon emissions through planting native trees through the Trees That Count Marketplace; and
(iii) by planting funded trees through the Marketplace, you are not:
(A) eligible to be awarded a New Zealand unit under the New Zealand Emissions Trading Scheme (governed by the Climate Change Response Act 2002);
(B) receiving, nor entitled to receive, a carbon credit or offset by way of a verified emission reduction unit or otherwise;
(C) able to represent or make a claim it has actually offset particular carbon emissions or created emission reduction units until such time as we have sufficient data to verify any such products, offsets or claims (which we do not have at this time). You can make a statement about how you have planted trees to enable carbon to be sequestered from the atmosphere over time if and as the trees that are planted continue to grow for a period of 50 years, and the amount of carbon that could be sequestered in this event.
- Supplying trees
9.1 A Supplier provides native seedlings and trees to Planters and is paid for such products by Trees That Count with funding through the Marketplace Tree Pool provided by Funders.
9.2 You can become a Supplier by registering as a member on the Marketplace and (as required) completing an additional registration for approval by Trees That Count to be a Supplier. Trees That Count may accept or decline your registration in its sole opinion, acting reasonably.
9.3 A person who is not registered as a Supplier on the Marketplace may nevertheless be a Supplier of native trees for a particular TTC Supported Planting project, if that person is nominated as a supplier of choice by the relevant Planter and accepted as a Supplier for that TTC Supported Planting by Trees That Count, such decision around acceptance being in our sole opinion, acting reasonably.
9.4 As a Supplier, whether you are a registered Supplier or a Supplier of the type set out in clause 9.3, you agree to be bound by and comply with these Terms, and supply trees to Planters in accordance with the Terms and the relevant pricing agreed the Planter (subject to our agreement) for the supply of the particular trees.
9.5 A registered 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 can be provided by TTC.
9.6 If selected as the Supplier to supply trees for a TTC Supported Planting:
(a) in the case of a registered Supplier, Trees That Count will notify the registered Supplier that they have been selected as the preferred Supplier for a TTC Supported Planting and will issue the Planter with a purchase order (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);
(b) in the case of a Supplier (who is not registered on the Marketplace) nominated by the Planter and accepted by us, the Planter will inform you that you have been approved as the Supplier for the TTC Supported Planting and Trees That Count will issue the Planter with a purchase order (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).
9.7 The purchase order (or written confirmation from us on receipt of an invoice) is confirmation of a future payment from Trees That Count to the Supplier for the provision of specified number and type of trees comprising the order required for the TTC Supported Planting. The Supplier is to provide payment details to Trees That Count, who will release the funds once the Planter has confirmed (in accordance with these Terms) receipt of the required trees from you. For the avoidance of doubt, Trees That Count pays only for the cost of the trees comprising the order, and not for any other costs such as the cost of delivery (if any).
9.8 The Planter will lodge the order (specifying the species to be included and the date for collection/delivery) with you in accordance with these Terms, and you must provide the relevant plantings to the Planter in accordance with the details on the purchase order. The Supplier must ensure it complies with the specifications of that purchase order.
9.9 As the Supplier, you warrant the trees you provide to complete the order for the TTC Supported Planting are in good condition and that you have taken all reasonable care in storing the trees prior to collection or delivery, and where you are delivering (or arranging the delivery of) the trees to the Planter you agree to ensure that all reasonable care is taken in transiting and delivering the trees. We have no liability or responsibility to pay you for any trees that on collection or delivery are in poor condition, or are materially damaged such that they would likely be a failed planting.
9.10 Ownership and risk in the trees passes to the Planter on our payment of any funds to you.
9.11 Trees That Count reserves the right to remove a registered Supplier from the Marketplace if we believe that a Supplier has breached any of these Terms.
- Marketplace content
10.1 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.
10.2 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.
10.3 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.
- Your generated content
11.1 In order to facilitate TTC Supported Plantings through the Marketplace and display information associated with the TTC Supported Plantings and Non-TTC Supporting Plantings, including the Count, Tree Profiles, Seasonal Planter Counts, All-Time Planter Counts, Seasonal Funder Counts and All-Time Funder Counts, we are reliant on the information you provide to us, including in relation to one or more of the following activities:
(a) providing funding (including through gifting and crowd funding) to enable TTC Supported Plantings from the Marketplace Tree Pool;
(b) adding TTC Supported Plantings and Non-TTC Plantings to the Count, and associated Seasonal Planter Counts and All-Time Planters Counts;
(c) applying for funding towards the costs of trees for a TTC Supported Planting and providing information and reporting following the completion of such projects;
(d) registering as a Funder, Planter or Supplier;
(e) creating a Tree Registry to crowdfund for native trees.
11.2 When you input information into the Marketplace you confirm (and warrant) 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.
11.4 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.
- Limitation of Liability
12.1 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 and any action or inaction arising from your use;
(b) your representations or activities on or through the Marketplace, or in relation to your activity associated with the Marketplace, including any representations you make in that regard (irrespective of whether such representations rely on or are drawn from information or content or tools from the Marketplace, such as (without limitation) the CO2 Calculator, the Count, Tree Profiles, Seasonal Planter Counts, All-Time Planter Counts, Seasonal Funder Counts and All-Time Funder Counts, and/or information about TTC Supported Plantings and Non-TTC Supporting Plantings); or
(c) the representations or activities of us, or any (other) Funders, Planters or Suppliers made on or through the Marketplace; or
(d) your reliance on any information provided by us on or through our website, the CO2 Calculator or the Marketplace.
12.2 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, or any of your representations, reliance on, or actions associated with the Marketplace or your use of it;
(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.
- Copyright & trademarks
14.1 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, the C2C Marks, 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.
14.2 All trademarks, logos, brands and service marks (Marks), including the C2C 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.
- Dispute resolution
15.1 You may not commence any court or arbitration proceedings relating to a question, difference or dispute relating to these Terms ("Dispute"), unless you have first complied with this section.
15.2 Where any Dispute arises, you (or your representative) and Trees That Count will meet and negotiate in good faith in an attempt to resolve the Dispute amicably by good faith discussion.
15.3 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.
15.4 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.
15.5 Nothing in this section will preclude a party from taking immediate steps to seek urgent injunctive or equitable relief before an appropriate court.
- General Terms
16.1 Jurisdiction: These Terms are governed by the laws of New Zealand. You submit to the exclusive jurisdiction of the Courts of New Zealand.
16.2 Severability: If any provision of these Terms is held to be invalid, then such provision (to the extent it is invalid) is deemed severed from these Terms and the remainder shall not be affected.
16.3 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.
16.4 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.
Last updated: 12 June 2020