This page (together with the documents referred to on it) tells you the Terms and Conditions (the “Terms and Conditions”) on which you may make use of our www.forestcoin.earth and www.ecxhangeforest.com website (the “Websites”) and the ForestCoin and Exchange Forest mobile applications (the “Apps”) (hereinafter collectively referred to as the “Service”). The Websites and Apps are operated by “Forestcoin Limited” (hereinafter also referred to as ForestCoin, “us”, “we” or “our”), Please read these Terms and Conditions carefully before you access or use the Websites, Apps or Services. By visiting, accessing or using the Websites, Apps or Services, you indicate that you accept these Terms and Conditions and that you agree to abide by them. Your download, installation or use of the Website constitutes your acceptance of these Terms and Conditions which takes effect on the date on which you download, install or use the Website. If you do not agree with these Terms and Conditions, you must cease visiting, accessing or using the Website immediately.
For the purpose of this Terms and Conditions using of any term such as “You”, “Your” etc. in this “Terms and Conditions” will deem to be the representation of the website visitors, App user, our service user etc. (each a “User”) etc. users of ForestCoin.
1. GENERAL USE:
If you choose to use or visit https://forestcoin.earth/ and www.ecxhangeforest.com or App and any of the features of the website or service, it will deem to be your sole acceptance to abide by all of the terms of these “Terms and Conditions”. We operate the software underlying and required for your use of the Websites, Apps and its Services from New Zealand. If you copy anything from or use the Websites, Apps and its Services, you represent that you are not subject to such controls or restrictions. We make no representation that anything is appropriate, permissible or available for use outside the New Zealand, and using the Website from territories in which such use or the information available from such use is illegal, restricted or not permitted, is expressly prohibited. If you choose to access or use the Websites, Apps and its Services from or in locations outside of New Zealand, you do so on your own initiative and are responsible for a) ensuring that what you are doing in that country is legal; b) the consequences and compliance by you with all applicable laws, regulations, bylaws, codes of practice, licenses, registrations, permits and authorizations (including any laws that relate to businesses providing services); and c) all access to the Website through your computer or mobile device or any other device you use to visit, access or use and for bringing these Terms and Conditions to the attention of all such persons.
Use of the Website or App does not include the provision of a computer device, mobile device or any other device or other necessary equipment to use or access it. To use the Website you will require Internet connectivity and appropriate telecommunication links. We shall not have any responsibility or liability for any telephone or other costs you may incur. We may change, modify, add or eliminate any portions of these “Terms and Conditions” at any time, which shall become effective immediately upon posting. The user should be concerned to review these “Terms and Conditions” prior to each use of the Websites, Apps and its Services or service and by continuous use of the ForestCoin, it will deem to be your sole acceptance to such modifications.
2. USE OF SERVICES
2.1 Services We offers:
ForestCoin Websites and App: ForestCoin is a crypto currency where the coins are mined by planting trees. ForestCoin users are issued Forestcoin (the “FC”) crypto currency for using the ForestCoin app to document the planting of a tree. The planting is then assessed by other ForestCoin users and after receiving three approval votes the ForestCoin crypto currency is minted and issued to the user. Through our Websites and Mobile App we are offering Crypto currency and Crypt currency Exchange based services where the coins are mined by planting trees.
ForestCoin is intended as being transactional crypto currency, and because every coin has been created by the planting of a tree, ForestCoin hopes to capture the hearts and minds of millions of people that are concerned about climate change, and to Appeal to businesses that want to promote their brand as one that supports tree planting by accepting FC as payment. Simply by choosing to pay for goods and services using FC (instead of credit card) consumers will be supporting tree planters around the world.
Businesses can use the ForestCoin merchant tools to accept FC and at point of sale immediately sell the FC for BTC or other crypto currencies, which they can then cash out to their bank. The merchant system includes foreign exchange integration so the business can enter an amount to receive in any of 168 different currencies (e.g. USD, EUR), then the paying customer scans the QR code to pay in FC, which is then received by the business and instantly sold so the business receives BTC or other crypto equivalent to the initial amount entered.
This process is completed within seconds at Point of Sale and can be done in this App or via the web shopping cart tools available at www.ForestCoin.earth (login and navigate to Merchant Tools). As with other successful crypto currencies, ForestCoin has limited supply and intermittent coin reward halving. ForestCoin has the goal of planting one tree for every person on the planet, and with this target in mind, the maximum number of FC that will ever be created is one ForestCoin for every person on Earth. The FC is being released in 25 stages, with 50% of all coins being released in stage one at a rate of 12.5FC per tree, 25% in stage two at a rate of 6.25FC per tree, 12.5% in stage three at a rate of 3.125FC per tree, and so on.
Exchange Forest Website and its App: Our www.exchangeforest.com crypto currency exchange site allows ForestCoin users to trade FC for other crypto currencies. www.exchangeforest.com is heavily integrated within this App. When you buy or sell FC in this App you are actually buying and selling on www.exchangeforest.com. You can log into www.exchangeforest.com directly using your ForestCoin account email and password.
- Process of Use of Services: ForestCoin issues FC to users in return for them by:
- planting a tree, subject to other ForestCoin users having inspected and assessing the tree planting as being legitimate,
- Inspecting and approving other user’s tree plantings,
- referring new users who plant trees,
- operating a node
Users may also use
- the peer to peer network to transfer ForestCoin to other registered users,
- the crypto currency exchange to buy, sell and trade crypto currency,
- the merchant facilities to accept ForestCoin as payment and receive immediate conversion to another crypto currency,
- Use of Coins as Gift: The user acknowledges that coins issued to users by ForestCoin are a gift and do not constitute a payment from ForestCoin to the user for services rendered by the user either as a supplier or an employee. FC has no intrinsic value and has no promise, obligation or lien associated with them. Any use of the words “earn coins”, “coin reward”, “pay coins” or similar wording in ForestCoin systems will be interpreted meaning a gift from ForestCoin to the user.
- Issuing ForestCoin: The maximum number of FC that will ever be issued is restricted to a number equalling the human population of planet Earth. FC is created and issued when trees are planted and approved by other ForestCoin users. The number of coins created per tree planted will not deviate from the stated Coin Release Program as displayed on ForestCoin.earth. However we reserve the right to modify the breakdown of where coins are paid to in order to refine the user motivation for each part of the coin creation process.
2.2 Who can Use Our Services: By registering to use a ForestCoin Account, you have affirmed that you are at least 18 years old and are an individual, legal person or other organization with full legal capacity to enter into these Terms and Conditions between you and us. If you are not, you and your guardian shall undertake all consequences resulting from your actions and ForestCoin shall have the right to cancel or freeze your account in addition to filing claims against you and your guardian for compensation. You further represent and warrant that you will not use the Website, App, digital wallets or node software if the laws of your country prohibit you from doing so in accordance with these Terms and Conditions.
- Step One (Account Registration)
- planting a tree, subject to other ForestCoin users having inspected and approved the tree planting,
- Inspect and approving other user’s tree plantings,
- referring new users who plant trees,
- operating a node
Your wallet will be frozen and you will not be able to send FC to other users, nor will you be able to receive FC from other users until the you have successfully gone through User Identity Verification in Step Two. In some limited circumstances we may enable the unlocking of your ForestCoin wallet and Exchange Forest account prior to User Identity Verification, however trading restrictions will apply.
- Step Two (User Identity Verification)
By initiating User Identity Verification, you agree to share personal information requested for the purposes of identity verification. This information is used specifically for the detection of money laundering, terrorist financing, fraud and other financial crimes on the ForestCoin Websites or Apps. In addition to providing this information, to facilitate compliance with global industry standards for data retention, you agree to permit us to keep a record of such information for the lifetime of your account plus 10 years beyond account closing. You also authorise Us to make inquiries, either directly or through third parties, that are deemed necessary to verify your identity or to protect you and/or Us against financial crimes such as fraud. The Identity Verification information We request may include, but is not limited to, your:
- Contact Information,
- Telephone Number,
- Government Issued ID.
In providing this required information, you confirm that it is accurate and authentic. Post-approval, you must guarantee that the information is truthful, complete and updated in a timely manner with any changes. If there is any reasonable doubt that any information provided by you is wrong, untruthful, out-dated or incomplete, we will have the right to send you a notice to demand corrections, remove relevant information directly and, as the case may be, terminate all or part of the Service to you. You shall be solely and fully responsible for any loss or expenses incurred during the use of the Service. You hereby acknowledge and agree that you have the obligation to keep all information provided up to date if there are any changes.
After successful User Identity Verification your wallet will be unlocked and you will be able to send FC to other users, and receive FC from other users who have successfully gone through User Identity Verification. Depending on certain Conditions and at our sole discretion, we may refuse to approve your User Identity Verification. If this happens then any ForestCoin in your wallet and any other crypto currency in your Exchange Forest account will be locked and will not be transferred anywhere.
2.4 Account Usage Requirements: ForestCoin accounts can only be used by the person whose name they are registered under. We reserve the right to suspend, freeze or cancel accounts that are used by persons other than the persons whose names they are registered under. Accordingly, we will not take legal responsibility for these accounts. We reserve the right to immediately suspend your use of the Service without providing any notice or demand in the event that you are in breach of any of the provision of these Terms and Conditions or if we otherwise determine that it is inappropriate for you to continue to use the Service.
2.5 Account Security and Password Usage: It’s important that the information associated with your account is accurate and up-to-date. You shall be solely responsible for the safekeeping of your ForestCoin account and password on your own, and you shall be responsible for all activities under your log-in email, ForestCoin account and password (including but not limited to information disclosure, information posting, consent to or submission of various rules and agreements by clicking on the Website, online renewal of agreement, etc.). You are responsible for maintaining the confidentiality of any and all actions that take place while using your account and you must notify our Support Center right away of any actual or suspected scam, loss, theft, or unauthorized use of your account or account password. You hereby agree that:
- you will notify ForestCoin immediately if you are aware of any unauthorized use of your ForestCoin account and password by any person or any other violations to the security rules;
- you will strictly observe the security, authentication, and procedures of the Website/Service; and
- You will log out from the Website by taking proper steps at the end of every visit.
ForestCoin will not be responsible for any loss or consequences caused by your failure to comply with this provision or for any loss that results from unauthorized use of your username and password, with or without your knowledge.
2.6 Guidelines for usage of ForestCoin and Its Services: You hereby agree to observe the following covenants during your use of the Service:
- All the activities that you carry out during the use of the Service will be in compliance with the requirements of applicable laws, regulations, as well as the various guidelines of ForestCoin will not be in violation of public interests, public ethics or other’s legitimate interests, and will not constitute evasion of payable taxes or fees and will not violate this agreement or relevant rules.
- Any tree you plant must be a legitimate planting and not be deceitful in any way.
- Any vote you cast on the legitimacy of other user’s tree plantings must be done in a honest and good faith manner.
2.7 User Communications: By signing up for an Account with us, you are opting in to receive communications from us regarding our services. You may opt out of these communications at any time by following the “unsubscribe” link at the bottom of any email. We may use email, live chat plugin and other forms of communication system as needed to communicate with our User. We may use email, ForestCoin support and other forms of communication system as needed to communicate with our user.
2.8 Your Representations and Warranties: You represent and warrant that (a) your use of the Websites, Apps and its Services and its services will be in strict accordance with these Terms and Conditions and with all applicable laws and regulations, including without limitation any local laws of New Zealand or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and regarding the transmission of technical data exported from the United States or EU or the country in which you reside and (b) your use of the Websites, Apps and its Services will not infringe or misappropriate the intellectual property rights of any third party.
3. FEES AND PAYMENTS
- Transaction Fees– ForestCoin does not have any transaction fees for transfers on its peer to peer network, and presently we have no intention to introduce any transaction fees, but we reserves the right to introduce Transactional Fees in the future. A future transaction fee may either:
- incentivise nodes for network stability, which would entail a payment to other users, or
- Provide revenue to ForestCoin for financing of business operations.
- Membership Fees– ForestCoin does not have any membership fee and presently has no intention to introduce one, but we reserves the right to introduce one in the future for financing of business operations should it determine that it is required.
- Trading Fees– fees for buying, selling and trading FC and other crypto currencies is are displayed on the fees page on www.exchangeforest.com.
- Withdraw Fees– there is no fee for withdrawing FC from www.exchangeforest.com to your Forestcoin block chain wallet. Fees for withdrawing other crypto currencies from www.exchangeforest.com are displayed on the fees page on www.exchangeforest.com.
- Merchant Fees– Business may use the Merchant Facilities to accept ForestCoin as payment from customers and may receive instant exchange at point of sale to other crypto currency. The fee for this is 1%. This fee may change on 30 days’ notice.
- User Identity Verification Fee– We may charge you a fee to go through User Identity Verification. This is because we gift FC to users and do not have instant revenue to cover the cost of the User Identity Verification checks. The fee is displayed at the time of commencing User Identity Verification.
3.2 Referral Commission: We are also offering referral programme by giving a certain amount of commission as follow for the each successful referral.
- Tree Planters:Users receive 4% of the FC that is created when the new user plants a tree.
- Exchange Fees:Users receive 25% of the trading fees that the new user pays when buying and selling FC on www.exchangeforest.com in the first 12 months. This applies to personal and business accounts and normal buy/sell orders as well as business merchant facility buy/sell orders.
Business users go into a database of businesses that accept FC as payment. Users can search that list and find a business to buy thins at (and pay with FC).e.g.: https://screencast-o-matic.com/watch/crh6IcVflpZ
We also allow users to get a custom URL on our website to share for referral signups, and also for businesses to accept payment in FC. e.g.: your lawyer company may want to accept FC as payment and you can add to your invoices “We love the planet and accept ForestCoin as payment. Pay us here: www.ForestCoin.earth/yourlawyercopmanyname “then the paying customer enters the amount to pay and the reason (e.g. invoice 1234)
3.3 Payment: All prices for our Services are shown in USD. All transition and payments through the ForestCoin Websites and Apps will be handled through the secure gateway system of Payment processor Simplex (https://www.simplex.com/), which may accept verities of payments methods. While using Simplex as payment processor you are transferred to a secure page of “simplex” payment processor. If you use any Payment method to make any purchase through our website, you represent and warrant that you are authorized to use such payment method. The payment amount may include taxes and any other amounts described on our websites and Apps. Our fees are subject to change and we will provide you reasonable notice of any such changes. Any transitions or payments through our Websites and Apps are non-refundable, except as otherwise may be required by applicable law. If the PayPal or Stripe account you designated as your payment method is unable to verify or found invalid, we may suspend or cancel your entry automatically. You are responsible for resolving any problem we encounter when processing your entry.
3.4 Fee Changes: ForestCoin in its sole discretion and at any time may modify the fees for the user or business. We will provide you with a reasonable prior notice of any change in fee your continued use of the service after any change to fees constitutes your agreement to pay the modified fee amount.
3.5 Refunds: Any payment or fees to ForestCoin are non-refundable. Any investment or purchases of our Services are non-refundable, except as otherwise may be required by applicable law. Certain refund requests may be considered by us on a case-by-case basis and granted at the sole discretion of us.
4. AVAILABILITY OF THE WEBSITE, ACCURACY & SECURITY
5. ANTI-MONEY LAUNDERING AND OTHER ILLEGAL ACTIVITIES:
To meet Our regulatory and compliance obligations under all applicable anti-money laundering and counter terrorism financing laws, rules and regulations in New Zealand and similar laws in all other applicable jurisdictions, We may need to lock or freeze your wallet, or delay, block or refuse transactions where We have reasonable grounds to believe that these transactions breach the laws of any other country; and from time to time, require additional information from you to assist Us in meeting Our obligations as required by all applicable anti-money laundering and counter terrorism financing laws, rules and regulations. You agree that you must not initiate, engage in or effect a transaction that may be in breach of all applicable anti-money laundering and counter terrorism financing laws, rules and regulations.
6. PROHIBITED ACTIVITIES AND UNAUTHORIZED USE
By accessing and using the Service, you acknowledge and declare that you are not on any trade or economic sanctions lists. We maintain the right to select its markets and jurisdictions to operate and may restrict or deny its services to certain countries. ForestCoin maintains its stance that prohibited users are not to use or access ForestCoin and any of its services. Furthermore, to use our Websites, Apps and its Services and its Services, you must behave in a peaceful, civil, prudent and respectful manner at all times. Moreover, you will not and it is strictly prohibited to:
- Act like specious manner by, among other things, impersonating any person;
- Harass or stem any other member or user of our Websites, Apps and its Services;
- Distribute “spam”; and “frame” or “mirror” any part of the website;
- use or launch any automated system, including, “robots,” “spiders,” or “offline readers,” that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional browser;
- Use the Subscription Service in any manner that damages, disables, overburdens, or impairs any of our websites or App or interferes with any other party’s use of the Subscription Service;
- Furnish false, inaccurate or misleading information, enter into fraudulent interactions or transactions with Us or any third party (including by entering into interactions or transactions purportedly on behalf of a third party where you have no authority to bind that third parry or by using a false or fictitious identity);
- Attempt to gain unauthorized access to the ForestCoin Service; or access our Service other than through our interface; or
- Use our Service for any purpose or in any manner that is unlawful or prohibited by these Terms and Conditions.
- Transmit, or procure the sending of, any advertising or promotional material without our prior written consent
- Modify, adapt, sublicense, translate, sell, decompile or otherwise disassemble any portion of ourWebsites, Apps and its Services or its content or any software used on the website, or motivate others to do so.
- Contains any private or personal information of a third party without such third party’s lawful consent;
- Send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms and Conditions
- Use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the Website in connection with your use of our Websites, Apps and its Services in accordance with this “Terms and Conditions”.
- Exploit, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise
- Use our Service if you are legally prohibited from receiving or using the Service under the laws of the country in which you are resident or from which you access or use our Service.
- Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
- Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Services; or Develop or use any applications that interact with our Services without our prior written consent;
- Engage in or encourage any conduct or make any statement which is or likely to be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world;
- Affect us adversely or reflect negatively on Us, the Service, our goodwill, our trade mark(s), our name or reputation or cause duress, distress or discomfort to Us or anyone else, or discourage any person from using all or any portion, features or functions of the Service;
- use the Service to send, post, or otherwise communicate any content which is offensive, indecent, threatening, abusive, insulting, harassing, defamatory, libellous, inflammatory, deceptive, fraudulent, tortuous, profane, invasive of another person’s privacy, or otherwise offensive to any individual or group;
- Upload to, or transmit through the Service any data, file, software or link that contains malicious codes or redirects to a virus, Trojan Horse, worm, spyware or other harmful programs;
- Use any scraper, robot, bot, spider, crawler or any other automated device or means to access, acquire, copy or monitor any portion of the Service, or any data found or accessible through the Service;
- Initiate, engage in or effect a transaction that may be in breach of all applicable anti-money laundering laws, rules and regulations in New Zealand and similar laws in all other applicable jurisdictions, including but not limited to transferring funds for terrorist financing, money laundering, tax avoidance and other illegal activities.
- Violates any applicable local or international law or regulation (including, without limitation, any laws regarding the export of data or software);
- Take part in any activity that in any way deemed to be void or illegal under any law.
We reserve the right to suspend or terminate or delete user or business account due to your violation of this clause. Failure to enforce this clause in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this clause does not create any private right of action on the part of any third party or any reasonable expectation that our Services will not contain any content that is prohibited by such rules.
7. TERMINATION/CANCELLATION AND SUSPENSION OF USER ACCOUNT
7.1 Termination by User: You may terminate your user account at any time, for any reason by following the instructions on the Deactivate Account page in the Manage Account section of the Website. Or you can request us to close or delete your user account by providing a written request via the Website contact page. Upon termination you acknowledge and agree that we are required by law to maintain a record of your account for a minimum of five years after the account is closed.
7.2 Termination by ForestCoin: We may terminate or suspend your user account at any time, with or without cause or notice to you without any in-depth explanation to the user regarding the termination. We may terminate an account for a number of reasons including but not limited to: a) change in the user’s risk profile. b) Potential risk to the business or stakeholders to the business regarding any legal or regulatory liability that may occur serving the user. c) Any other reason at the discretion of the compliance officer. d) An account being used for illegal purposes. e) if we have reasonable grounds to believe that the account is being used by individual or organisation other than the registered account owner. We may also suspend, deny or terminate all or part of your access to the Website or account if:
- You fail to pay for an order or make a fraudulent payment.
- There are concerns regarding unreasonable use.
- Where you have breached any of these terms and Conditions.
- The customer attempts to use the website for illegal or prohibited activities.
- The customer purchases crypto currency for another individual or organisation without prior authorisation from ForestCoin.
- We are requested by law enforcement to do so.
We will not be liable for any damages or loss resulting from the use of our Websites, Apps and its Services or the Service. We reserve the right to temporarily or permanently restrict or block access to the Websites, Apps and its Services or the Service to any users who have had their Accounts cancelled.
7.3 Effect of Termination or Expiration: Upon termination or expiration of these Terms and Conditions, you will stop all use of our Websites, Apps and its Services or Service. If we terminate your use of our service because you have breached these Terms, you shall not be entitled to a refund of any portion of the fees or payments (if any), and you shall remain obligated to pay the remainder of any amounts still owed to us. In the event that any user terminates or cancels their ForestCoin user account, there shall be no refund offered; however, your account will be cancelled and no further charges will be incurred. We will not be liable for any damages or loss resulting from the removal of any User Content from the Site and/or the Service. We reserve the right to temporarily or permanently restrict or block access to the Websites, Apps and its Services or the Service to any users who have had their Accounts cancelled.
8. BUSINESS MERCHANT FACILITIES
Users may use the Merchant Facilities supplied by ForestCoin to accept ForestCoin as payment. The Merchant Facility System is reliant on third party applications to arrive at pay-out values. ForestCoin cannot warrant that the information supplied by third party applications is accurate and up to date, and will not be held responsible if information used for calculations is inaccurate.
9. INTELLECTUAL PROPERTY RIGHTS
All content including but not limited to logo, image, trademark, service mark, design, icon, graphic, video, contents, software, codes, tools, data base, any other product or service name or slogan contained in the Websites, Apps, digital wallets or node software and all other information ( the “Intellectual Property”) used on our Websites and Apps are legally owned by “ForestCoin Limited” and protected by protected by The Copyright Act 1994 of the New Zeeland, EU Copyright Laws, USPTO , Digital Millennium Copyright Act (DMCA) 1998 and other applicable International intellectual property law. We have registered trade mark (USPTO Trademark Number No: 87732448 , European Union Trade Mark (EUTM) application number: 017947586 and Singapore application number: 40201823455P) which ForestCoin has a license to use and Any and all intellectual property rights and other rights in and to the Service shall belong to Us.
No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without our permission. No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without our permission. You may download or print a copy of any portion of the content from our website, only for the personal or non-commercial or education use. You may not republish any of our content on any other place of internet or extranet or incorporate the information in any other database or compilation. Any other use of the content is strictly prohibited. We hereby grant you a non-exclusive, non-transferrable license to use, copy, distribute, publicly display, print, publish, republish, excerpt (in whole or in part), reformat, translate, modify, revise and incorporate into other works, any works created by the Website, App, digital wallets or node software, including but not limited to business cards, flyers and posters, for the sole purpose of promoting and advertising ForestCoin and its services, and for no other purpose. Any other use shall be made by you only upon the receipt of our prior written approval.
Any of our Intellectual Property may not be copied, imitated, or used, in whole or in part, except as expressly permitted in these Terms and Conditions or with our prior written permission. In addition, the look and feel of the Websites, Apps, digital wallets or node software, including all page headers, custom graphics, button icons and scripts may not be copied, imitated or used, in whole or in part, without our prior written permission except as expressly permitted herein or on the Websites, Apps, digital wallets or node software. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Website, App, digital wallets or node software are property of their respective owners and may not be copied, imitated or used, in whole or in part, without the prior written permission of the applicable trade mark holder. Reference to any products, services, processes or other information, by trade name, trade mark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by New Zealand. As described above in this clause of the Terms and Conditions , any personal or commercial use of our Intellectual Property, copyright, trademark and ownership content or software and all other information appeared on our Websites, Apps and its Services, will deem to be the violation of The copyright law of New Zealand which is covered by the Copyright Act 1994 and other applicable States law of New Zealand and international intellectual property law as well as will deem to be violation of the EU Copyright Laws, Copyright Law of the United States , Digital Millennium Copyright Act (DMCA) 1998 and other applicable International intellectual property law.
10. LICENSE TO USE NAMES AND USER CONTENT
If you contribute User Content to ForestCoin by documenting a tree planting with photos and location information or by commenting or using any or our services you automatically grant to Us an irrevocable and perpetual, non-exclusive, transferable, fully-paid, royalty-free, worldwide license, by ourselves or with others, to use, copy, distribute, publicly perform, publicly display, print, publish, republish, excerpt (in whole or in part), reformat, translate, modify, revise and incorporate into other works, that User Content and any works derived from that User Content, and the associated location information, and your name, in any form of media or expression, in any manner that We choose. Our rights under this license remain in place even after termination of your account.
11. USER REPRESENTATIONS AND WARRANTIES:
We provide no guarantee as to the performance or the uninterrupted availability of the Website, App, digital wallets or node software. The Service is provided on an “as is”, “as available” basis without warranty of any kind, either express or implied, with regard to the service’s reliability, stability, accuracy and completeness of the technology involved. We provide no guarantee and have no liability for the information given by third parties.
We do not represent or warrant that the materials or the Website, App, digital wallets or node software are accurate, complete, reliable, current or error free. While we attempt to make your access and use of the Website, App, digital wallets or node software safe, we cannot and do not represent or warrant that the site or its server(s) are free of viruses or other harmful components. Therefore, you should use industry-recognised software to detect and disinfect viruses from any download. We reserve the right to change any and all content in the Website, App, digital wallets or node software at any time without notice. Reference to any products, services, processes or other information, by trade name, trade mark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us.
12. INHERENT RISKS
Planting trees can be dangerous and may take you to difficult to access or potentially treacherous locations. Shovels are sharp, ground is unstable, bugs and animals bite, dangerous things (e.g. electricity and snakes) are under the ground, and lightning strikes can and do happen. When planting trees or taking part in other ForestCoin related activities, you risk property damage, bodily injury or death. There are many variables that must be considered prior to engaging in tree planting activities, including: weather, fitness level, terrain features and outdoor experience. Be prepared and be sure to check the current Conditions before heading outdoors. Always exercise common sense and caution. You assume all risks associated with planting trees other activities associated with our services and agree to release and hold harmless ForestCoin, landowners on whose property you are planting trees, and community members who serve as reviewers, from any liability for injury or loss suffered by you through the use of our services to the fullest extent permitted by applicable law.
You agree that you will only plant trees on land on which you are legally allowed to do so. You must take all reasonable measures to prevent any trespass on any property on to land on which you are not legally permitted to access. You take sole responsibility for any legal consequences from trespassing on or damaging property.
14. LIMITATION OF LIABILITY
You acknowledge and agree that unless otherwise required by law, in no event shall ForestCoin, its directors, employees or agents, subsidiary company be liable for any direct, special, indirect or consequential losses, or any other losses of any kind such those caused by any of the following events, including but not limited to:
- Losses of funds, goodwill, usage or data or any other intangible losses, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use the Website, App, digital wallets or node software, including without limitation any damages caused by or resulting from reliance by user on any information obtained from ForestCoin, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorised access to ForestCoin’s records.
- Use of or failure to use the Service.
- Unauthorized use of your account by third parties.
- Injury or death to you or anyone planting a tree or using the Service.
- We reserve the right to restrict or limit its access or visibility or access to any users at any time.
In no event will the aggregate liability of ForestCoin, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability or strict liability, arising out of or relating to the use of or inability to use the Website, App, digital wallets or node software exceed any compensation you pay, if any, to ForestCoin for access to or use of the Website, App, digital wallets or node software.
15. LEGAL LIMITATIONS:
As a Conditions of your use of our Websites, Apps and its Services or service, you will comply with all Applicable Laws, Statues, Ordinances regarding your use of our Websites, Apps and its Services or service and related activities. In addition, you will not use our Websites, Apps and its Services or service in any way prohibited by these Terms and Conditions. Some jurisdictions do not allow some of the exclusions or limitations as established in these “Terms and Conditions” some of these exclusions or limitations may not apply to you. In that event, the liability will be limited as far as legally possible under the applicable legislation. We may plead these “Terms and Conditions” in a bar to any claim, action, proceeding or suit brought by you, against us for any matter arising out of any complaint or otherwise in respect of this “Terms and Conditions”.
You agree to fully and effectively indemnify and hold harmless ForestCoin, its affiliates, contractors, licensors, and their respective directors, officers, employees and agents from and against any action, liability, cost, claims, loss, expense and damages (including, but not limited to, attorneys’ fees, fines or penalties imposed by any regulatory authority) suffered or incurred by ForestCoin arising out of or which is directly or indirectly related to: (a) your use of the Website, App, digital wallets or node software; (b) your violation of these Terms and Conditions; (c) your violation of any rights of another; or (d) your conduct in connection with the Website, App, digital wallets or node software. This shall also apply to your violation of any applicable law, regulation, or rights of any third party during your use of the Service. If your alleged violation causes any losses to a third party, you shall solely undertake all the legal liabilities in your own name and hold ForestCoin harmless from any loss, fine or extra expenses. If, due to any alleged violation ForestCoin incurs any losses, is claimed by any third party for compensation or suffers any punishment imposed by any administrative authorities, you shall indemnify ForestCoin against any losses and expense caused thereby, including reasonable attorney’s fee.
Please be aware that all official announcements and news will be published on the Webpage https://ForestCoin.earth/announcements, where we urge all users to refer to regularly. ForestCoin will not be held liable or responsible in any manner of compensation should users incur personal losses arising from ignorance or negligence of the announcements.
18. GENERAL DISCLAIMER:
The information presented on or through the Website, Apps, digital wallets or node software is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, App, digital wallets or node software, or by anyone who may be informed of any of its contents. No one in the ForestCoin or any of it is founders, developers or contributors, support using ForestCoin for any illegal activities. The use of ForestCoin Websites,Apps and its services are not illegal in most jurisdictions. However, some jurisdictions may impose limitations on the use of crypto currencies so users in those jurisdictions should consider this before using ForestCoin. You act at your own risk in reliance on the contents of the Website, App, digital wallets or node software. If in doubt, please contact a local attorney to avoid doing anything that could be considered illegal in your jurisdiction. The content of this Website, or any communication from anyone in the ForestCoin community, its founders, developers or contributors, does not constitute legal or investment advice. You should exercise due diligence and use your own judgement based on research from multiple information sources before using ForestCoin.
20. LEGAL COMPLIANCE:
20.1 Governing Law and Jurisdiction: These Terms and Conditions shall be governed and construed in accordance with the laws of New Zealand. Any dispute arising out of or relating to these Terms and Conditions will be subject to the exclusive jurisdiction of the New Zealand courts, Parties irrevocably and unConditionsally submits to the exclusive jurisdiction of the courts of New Zealand. We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation, legal process or governmental request. These Terms and Conditions, any separate agreements and any dispute or claim arising out or in connection with our Websites, Apps and its Services or our Company, whereby we provide you Services, shall be governed by and construed in accordance with the laws of the New Zealand. If any part of these Terms is deemed unlawful, void, or for any reason unenforceable then that part will be deemed severable and will not affect the validity and enforceability of the remaining parts.
20.2 Compliance with local laws: It is the responsibility of the user to abide by local laws in relation to the legal usage of ForestCoin in their local jurisdiction. Users must also factor, to the extent of their local law all aspects of taxation, the withholding, collection, reporting and remittance to their appropriate tax authorities. All users of ForestCoin and any of its services acknowledge and declare that the source of their funds come from a legitimate manner and are not derived from illegal activities. ForestCoin maintains a stance of cooperation with law enforcement authorities globally and will not hesitate to seize, freeze, and terminate the account and funds of users which are flagged out or investigated by legal mandate.
20.3 Dispute Resolution: If there is any dispute, claim or complaint about or involving the use of our Website it will be managed by our support centre first. If matters progress to a legal stage then our attorney will arrange a time to talk to the user. Otherwise dispute will be settled by arbitration by a sole arbitrator in accordance with the New Zealand Arbitration Act 1996 and its amendments and the AMINZ Arbitration Rules current at the time arbitration is commenced. The place of arbitration will be Auckland. To the extent, any complaint, dispute or controversy regarding the use of our website is not arbitral under applicable laws of New Zealand or otherwise, you and ForestCoin both agree that any claim or dispute regarding our Websites, Apps and its Services or service will be resolved exclusively in accordance with these “Terms and Conditions”.
21. THIRD PARTY SERVICE PROVIDERS AND WEBSITES:
We may leverage our employees, those of our corporate affiliates and third-party contractors (collectively, the “ForestCoin Service Providers”) in exercising our rights and performing our obligations under these Terms and Conditions. We have no control over and accept no responsibility for the content of any website or mobile application to which a link from the Website exists unless we are the provider of those linked websites or mobile applications. Such linked websites and mobile applications are provided “as is” for your convenience only with no warranty, express or implied, for the information provided within them. We do not provide any endorsement or recommendation of any third party website or mobile application to which the Website provides a link. The Terms and Conditions and privacy policies of those third-party websites and mobile applications will apply to your use of those websites and mobile applications and any orders you make for goods and services via such websites and mobile applications. If you have any queries, concerns or complaints about such third party websites or mobile applications are including but not limited to, queries, concerns or complaints relating to services, subscription of the services, products, orders for products, faulty products and refunds you must direct them to the operator of that third party website or mobile application.
You must not without our permission:
- use or copy any material from the Website, including, but not limited to, onto other websites or in other mobile applications; or
- Frame any of the Website onto your own or another person’s website or mobile application.
These miscellaneous provisions are mostly common part of every online “Terms and Conditions” to ensure its enforceability. Subject to this Terms and Conditions, you are agreed that no joint venture, partnership, employment, or agency relationship exists between you and ForestCoin. We have the absolute discretion, to transfer or assign all or any part of our rights under these “Terms and Conditions” and shall have the right to delegate or use third-party contractors to fulfil our duties and obligations under these “Terms and Conditions” in connection with using our website.
If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction which that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms and Conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.
Except as expressly stated in these Terms and Conditions, all warranties and Conditions, whether express or implied by statute, common law or otherwise are hereby excluded to the extent permitted by law.
26. CHANGE OR MODIFICATION:
Time to time, with the needs of any necessary circumstances, these “Terms and Conditions” can be edited, modified, changed or amend without any prior notice. Your regular use of this site will indicate your consent to such changes. We reserve the right to change these Terms and Conditions at any time without notice to you by posting changes on the www.ForestCoin.earth Websites, Apps and its Services or by updating the Website to incorporate the new Terms and Conditions. You are responsible for regularly reviewing information posted online to obtain timely notice of such changes. Your continued use of the Websites, Apps and its Services after changes are posted constitutes your acceptance of the amended Terms and Conditions. If we believe that the modifications are material, we will notify you of the changes by posting a notice on the Website, App or digital wallets or email you at the email address provided to us by you, and as we may deem appropriate. What constitutes a material change will be determined by us, at our sole and absolute discretion.
27. QUESTIONS AND NOTIFICATION OF CHANGES:
We have sole jurisdiction to provide an explanation of these “Terms and Conditions “. Feel free to contact us at,
Address: Suite 11411, 17B Farnham Street, Parnell,
Auckland 1052, New Zealand
FYI: Please note that
- This Terms and Conditions Statement was last updated on June, 2021.
- We reserve the right to change or amend this Terms and Conditions Statement at any time without any prior notification.
- Continued use of our Websites and Apps signifies your acceptance of any changes to this Terms and Conditions.