"Customer" means the person(s) or company whose order for the Services is accepted by Planetair.
“Planetair” means “Unisféra International Centre”.
"Services" means any goods or services that Planetair is to supply to the Customer.
It is important that you consider the following terms and conditions before using or accessing Planetair’s website. Please read them carefully. By accessing or using any part of Planetair’s website or any of the products or services offered by or through this website, you agree to be bound by the following terms and conditions of use.
These terms and conditions of use may be changed at any time by Planetair without notice. Your continued access and use of these websites will mean that you agree to be bound by the most current version of the terms and conditions of use. Please check these terms and conditions periodically for any changes.
You agree that Planetair shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. You understand and agree that the Service is provided “as-is” and that Planetair assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
Although Planetair endeavours to provide accurate information, Planetair does not guarantee the accuracy, completeness, fitness for a particular purpose or non-infringement of proprietary rights regarding any information, materials or other documents, which are on, or referenced by, or linked to, planetair.ca. Neither will Planetair be held responsible for incorrect information or typographical errors.
Planetair shall not be responsible or liable, directly or indirectly, for the accuracy, content, timeliness, completeness, legality, reliability, quality, suitability or decency of any information, advice, content, service, product or merchandise contained on planetair.ca or sites linked to or from planetair.ca.
Under no circumstances will Planetair or any of its officers, directors, partners, employees, affiliates, agents, sponsors, endorsers, advisors, licensors, or any other party involved in creating, producing, or distributing Planetair content be liable for any direct, indirect, incidental, special, or consequential damages (including but not limited to loss of profits, goodwill, use data or other intangible losses) that result or arise from (a) the use of and reliance on planetair.ca or the information thereon, (b) the inability to use planetair.ca, (c) mistakes, omissions, interruptions, suspension, termination, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance with respect to Planetair’s website, including without limitation to those that result from acts of God, communications failure, theft, destruction, or unauthorized access to Planetair’s records, programs, or service, (d) merchandise, products, or services received through or advertised on Planetair’s website and merchandise, products, or services received through or advertised on any links provided on Planetair’s website, (e) information or advice received through or advertised on Planetair’s website and information or advice received through or advertised on any links provided on Planetair’s website and (f) any information, data, text, messages and other materials that you email, post, upload, reproduce, transmit or otherwise distribute using Planeair’s website.
Because some jurisdictions do not allow the restriction, exclusion or limitation of liability for, in such jurisdictions liability is limited to the fullest extent permitted by law.
Planetair makes no warranty that (1) the Service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected.
Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results form the download of any such material.
No advice or information, whether oral or written, obtained by you from Planetair or through or from the service shall create any warranty not expressly stated in the terms of service.
Planetair shall not be liable for any damage, loss or expense resulting from the failure to give advice or information or the giving of incorrect advice or information whether or not due to the negligence of the Planetair, its employees, agents or subcontractors.
You acknowledge and agree that Planetair may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the terms and conditions of use; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Planetair, its users and the public. Under no circumstances will Planetair distribute or sell personal data to third parties.Proprietary Rights
All proprietary rights in the Service and any necessary software used in connection with the Service or this Web site ("Software") are owned or licensed for use by Planetair. This Web site is owned and operated by Planetair and except as otherwise specified, Planetair owns all materials appearing on this Web site, including the text, site design, logos, graphics, and images, as well as the selection, assembly and arrangement thereof. The Service and Software contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Planetair or advertisers, you agree not to copy, modify, rent, lease, loan, sell, distribute, display, perform or create derivative works based on the Service or the Software, in whole or in part. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Planetair for use in accessing the Service.Trademark Information
Planetair.ca, its logos, products, services and names are trademarks (the Planetair Marks) of the Unisféra International Centre. You agree not to display or use in any manner the Planetair Marks without prior permission from Planetair.
Planetair respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at firstname.lastname@example.org.
Information on this site has been posted with the intent that it be readily available for personal and public non-commercial use and may be reproduced, in part or in whole and by any means, without charge or further permission from Planetair. We ask only that:
- Users exercise due diligence in ensuring the accuracy of the materials reproduced;
- Both Planetair and our website planetair.ca be identified as the source; and,
- The reproduction is not represented as an official version of the materials reproduced, nor as having been made in affiliation with or with the endorsement of Planetair.
Reproduction of materials on this site, in whole or in part, for the purposes of commercial redistribution is prohibited except with prior written permission from Planetair. To obtain permission to reproduce materials on this site for commercial purposes, please contact: email@example.com
Some of the materials and graphical elements found on Planetair’s website may be subject to copyrights held by other organizations.Orders
All orders are accepted by Planetair subject to and in accordance with the following Conditions of Sale, which override and exclude any other terms stipulated or incorporated or referred to by the Customer during any negotiations or in any course of dealing between Planetair and the Customer.
All prices quoted include sales taxes and other local levies in accordance with applicable laws.
While the calculators work in a highly differentiated manner, they also apply default and average values that might potentially differ from the actually produced emissions and their effects on climate in their precise amount.
By completing a transaction, Planetair and/or myclimate.org commit themselves to use all reasonable means and to comply with relevant best practices in order to save emissions for the amount of greenhouse gas indicated by the purchaser, and to cancel the respective CERs in the official registry of the Kyoto Protocol, and/or to cancel the respective VERs in myclimate.org’s offset accounting system. This provides the evidence for the permanent reduction of emissions.
If no appropriate climate protection projects that conform to the desired standard can be found or signed upon receipt of payment, the search for projects can be continued for a period of up to two years. Despite the fact that Planetair and/or myclimate.org only select projects whose implementing partners are regarded as trustworthy, a partner’s definite success in reducing emissions cannot be guaranteed by Planetair and/or myclimate.org.
The validation and verification of the projects are effected by UN-accredited monitoring organisations (designated operational entities, such as the TÜV, DNV or SGS), for whose activities Planetair and/or myclimate.org are not liable.
Planetair shall not be liable to the Customer in any manner or be deemed to be in breach of these Conditions of Sale because of any delay in performing or any failure to perform any of the Company's obligations under these Conditions of Sale if the delay or failure was due to any cause beyond the Company's reasonable control (which shall include, but not be limited to government actions, war, fire, explosion, flood, acts of terrorism, import or export regulations or embargoes, labor disputes or inability to obtain or a delay in obtaining supplies of Goods or labor). The Company may, at its option, delay the performance of, or cancel the whole or any part of a Contract.
Certificates of emission reduction, no personal claim to the receipt of certificates
The credits for emission reduction issued by the project partners constitute certificates in terms of emission trading. They are accepted by Planetair and/or myclimate.org and transferred into the cancellation account in the Kyoto Protocol registry (in the case of CERs) or of myclimate.org (in the case of VERs). This is the formal proof that the emission reductions have been truly effected to the benefit of the climate. A personal claim to receive or purchase personal emission reduction certificates from Planetair or to use them in any other way does in no way exist by making your purchase.
Planetair is not liable for the advent of reduction of a definitely provable amount of greenhouse gas emissions, but contributes to the reduction of emissions within the scope of its projects. The responsibility for the proof of the emissions savings lies ultimately with the accredited operational entities.
The parties agree that any disagreement or dispute relating to this agreement, or consequential upon its interpretation or application, will be subject to mediation. (In this respect, the parties hereto are committing to take part in at least one mediation meeting by appointing a person with power of decision as a delegate to the meeting; the mediator will be designated by the parties). If no agreement is reached within 60 days of the appointment of the mediator, the dispute will be permanently decided by arbitration, to the exclusion of the courts, according to the laws of Quebec. The parties may at any time agree to extend such time limit before submitting the dispute to arbitration.
Unless the parties decide otherwise in an arbitration agreement, the arbitration will be conducted under the auspices of a single arbitrator in accordance with the rule of law and the provisions of the Code of Civil Procedure of Quebec in force at the time of the dispute. The arbitration award shall be final, enforceable and without appeal and shall bind the parties.
Beyond these terms and conditions, there are no further agreements between you and Planetair. All residual statements in the documents distributed or made accessible to you are related to these terms and conditions or explain them, but without changing or complementing them. Inefficacy of one regulation of these terms and conditions does in no way affect the residual ones; they are to be complemented in the way that the intention of the parties expressed in the non-effective regulation is realized at best.
The section titles in the TOS are for convenience only and have no legal or contractual effect.