TERMS OF SERVICE AND CONDITIONS
TERMS OF SERVICE AND CONDITIONS OF USE OF THE SITE
This Terms and Conditions of Use of the Website and Platform ("Terms" or “Agreement”) are adhered by You ("User" or "You") in connection with Your access to the website https://www.greenertokens.com ("Website") and the content made available thereon trough Your use of the Platform (https:// https://app.greenertokens.com). Both, Website and Platform are owned and managed by WMF Green Assets AG ("Greener", "We" and/or "Us").
By accessing the Website and/or accessing and using the Platform, You accept these Terms and the Privacy Policy which is incorporated by reference into these Terms and You expressly agree to these documents.
DEFINITIONS
In these Terms and all related documents, the following words have the following meanings:
“Certificate of Compensation” A document in the form of a digital certificate in PDF format, which shall contain the information relating to the offset amount, as well as the burned Tokens and the transaction ID of it.
"Greener” means the company that holds the rights of the Project and Website, which is WMF Green Assets AG. Greener may also, depending on the context, mean the entire project as well as the trademark of it, regarding the tokenization, sale and offsetting process of tokenized carbon credits of the voluntary market, hereby named Greener Preservation Token.
“Greener DNA” is a non-transferable, non-fungible tokens linked to your wallet, which cannot be modified or transferred to any other wallet, a Soulbound NFT that contains the Certificate of Compensation of Your offsetting process.
"Greener Platform" is a technological platform that tokenizes carbon credits, and that provides virtual environment with controlled access in which Greener makes available the purchase of GPT (Grener Preservation Token) to the market, primarily to companies, with the purpose of providing them with a tool for offsetting carbon footprints, as well as the mechanism to offset the carbon footprint of companies and individuals using the GPT, also know and nominated in this Agreement as “Platform”, as stated in the white paper of the project.
“Greener Preservation Token” or “GPT” is the tokenized asset, also called GPT. The tokenized represented assets are carbon credits of the voluntary market, which have been generated and produced and which has, upon verification by the State University of São Paulo – UNESP and KPMG, qualified as “Emission Offsets” under the Brazilian Regulation (Brazilian Decree n. 11.075/2022). The GPT represents in a proportion of 1:1 the carbon credits (1 GPT = 1 carbon credit of the voluntary market offset rights).
"Intellectual Property" has the meaning of copyright and intellectual property on all texts, brands, videos, materials, images, documents or information produced by Greener or third parties, contracted by it or not, displayed on the Website; • "Individual" means a natural person who accesses the Website and adheres to these Terms, whether on their own behalf or on behalf of a third party;
"Trademarks" are the trademarks, trade names, including both names and design, related to Greener or third parties in use on the Website;
"Partners" are natural or legal persons who have commercial relations with Greener or its product, whether or not related to GPT, but always with mutual interests in the success of the projects managed or of which Greener is a part, whether or not listed on the Website.
"Person" means individuals, associations, corporations, business groups, companies and/or any other form of organization or entity considered to be legal entities;
“Platform” means the electronic platform accessible through the link https://app.greenertokens.com/, in which the User can acquire GPT and the only Platform that will allow the offsetting of such asset and the due certification of carbon offset related to the GPT;
"Terms" means these Terms and Conditions of Use of the Website;
“Token Holder” the owner of the crypto wallet that holds GPT tokens
"Website" is the Greener website that can be accessed through the URL https://greenertokens.com, and all derivatives of this website
"User" means the Person or Individual accessing the Website and/or using the Platform.
PURPOSE
The purpose of this document is to regulate the use of the Website and the Platform by the Users. Hence, the Website serves as a tool to allow Users to access information about Greener, about the environmental asset projects and business solutions offered by Greener, as well as its activities, business partners and new ventures to be carried out by Greener or its Partners. On this Website you will also find information about GPT, the tokenized carbon credit of the voluntary market, an offsetting instrument developed by Greener, and other products provided by Greener.
Regarding the Platform, it serves as a virtual environment to allow to the Users the acquisition of the GPT and its offsetting, providing an adequate and transparent certification of the offsetting process, as stated and explained in the Greener’s White Paper (https://docs.greenertokens.com/whitepaper-eng).
Greener market some of its products such as the Greener Protection Token ("GPT") available for purchase in the Platform as stated above. The purpose of such GPT is limited and exclusively to offset carbon footprint, as it represents carbon credits of the voluntary market. The User that wants or in fact buys GPT, must be aware of the offsetting procedure, described below.
USER ACCESS AND USE OF THE WEBSITE AND PLATFORM, AND ELIGIBILITY
You do not need to register or provide any personal information to access and use the Website. The use of and access to the Website is free of charge and independent of the provision of any financial or personal information.
However, for the access to the Platform, the User will be subject to a KYC/AML procedure that is essential for the access and use of the Platform. If the User is not approved on the procedure of registration on the Platform, it shall not try to access it again, unless the indicated restrictions are corrected.
The User must be aware of the entirety of the white paper as well as the KYC/AML section, that can be accessed on https://docs.greenertokens.com/whitepaper-eng/legal/kyc-and-anti-money-laundering-aml-policies. You agree and warrant that You will provide truthful information about Yourself or the company or individual You are representing. If You meet the restrictions indicated in our White Paper, You will not be able to create an account nor access or use the Platform, or acquire GPT or any other asset eventually listed on the Platform.
Data collected, cookies and other personal data collected during Your use of the Website are subject to Our Privacy Policy.
OFFSETTING PROCEDURE
The acquisition of GPT and the execution of the offsetting procedure is available to those Users that meet the KYC/AML requirements to access and use the Platform. However, to maintain the quality of the offsetting procedure, as well as the security procedures to avoid problems commonly related to the voluntary carbon credit market, the Users must follow the offsetting procedure, as defined below:
The GPT entitles to its Token Holder (the users that holds GPT) the right to offset its carbon footprint, on a proportion of 1:1 between GPT and a ton of CO2e offset, if the requirements of the Platform as met.
As we are compromised with transparency, traceability and governance regarding the GPT and, consequently, to the environment preservation, to offset the carbon footprint using GPT, the Token Holder shall return to Greener’s Platform and execute the burn of the GPT in the Platform, being unable to make the offsetting process outside the Platform.
The Token Holder that intends to offset its carbon footprint using GPT, shall registry in the Greener’s Platform and be subject to Greener’s KYC process. This KYC process was design to meet the legal requirement as well as to issue the Certificate of Compensation to the correct individual or company. As stated above, if you do not meet the requirements set forth in our White Paper and other documents, you will no be able to offset your carbon footprint.
After the approval of the KYC, the Token Holder shall connect its wallet using the Metamask wallet app. Finally, within the Platform, it will select the option “burn GPT”. After the request it will be necessary to sign the transaction in the Metamask wallet app and pay the transactions fees of the network.
When the burn process is completed (means that the GPT tokens used to compensate the carbon footprint were removed from circulation, preventing the double spending of carbon credits), Greener will issue the offsetting certificate (Certificate of Compensation). The information collected on the Users registration will be the one linked to the Certificate of Compensation and will be final and unalterable.
The Certificate shall be sent to the Token Holder in the form of a digital certificate in PDF format.
Greener shall not be liable for and shall not reimburse the User for any losses of the Compensation Certificate, or any damage or losses related to the Certificate, for any reason, especially if related to wrongful information provided by the User, as the information contained therein cannot be altered after the burning process.
Besides the PDF format certificate, Greener, to enforce its compromise of guaranteeing the authenticity, transparency, and security of the Platform and avoid any issue regarding the misuse of the Certificate, developed an innovative technology to protect Your positive action and avoid double spending of the GPTs: a non-transferable, non-fungible token linked to your wallet, that cannot be modified or transferred to any other wallet, a Soulbound NFT.
We called this Soulbound NFT as the “GreenerDNA”. As stated above, it cannot be copied or counterfeited. They are unique and non-transferable non-fungible tokens (NFTs), permanently linked to your digital wallet.
The details of the technology can be found on the whitepaper at https://docs.greenertokens.com/whitepaper/
You acknowledge that the wallet that is linked to Your account is the property of the ultimate beneficial owner of the GPTs and the offsetting procedure. Greener is not responsible and will not reimburse any individual or company for the wrongfully provision of crypto wallet address as well as will not issue any GreenerDNA to any other wallet indicated by You, besides the one registered in Your account.
We are not responsible for the safety of Your crypto wallet, the management of it and/or the use or misuse of the GPTs or the GreenerDNA, being You the only Person responsible for it and for the actions that results from its use. We are also not responsible for the lost of access of Your Wallet.
PAYMENTS INSIDE THE PLATFORM
You will be able to acquire GPTs inside Greener Platform. To facilitate this operation, we linked third party services of payment intermediaries to the Platform, facilitating Your process of acquisition of GPTs and hence offsetting Your carbon footprint. Our payment gateways are currently Nexway and BRLA.
For the use of this payment gateways you shall agree to this Terms, as well as the terms and conditions of the referred payment gateways, as well as acknowledge and agree with the limitations of regions and payment methods imposed by those payment gateways. The explanation of its functionalities within the Platform can be accessed at: https://docs.greenertokens.com/whitepaper-eng/what-we-offer/nexway-payment-gateway.
We are not responsible for the functioning or malfunctioning of such services and will not be liable for Your use of this tools, as well as for any loss, damage, financial loss, taxes or any other kind of responsibility that results from Your use of the payment gateways. You acknowledge that if You want to seek any indemnity or compensation for any damage suffered by You, that resulted from the use of the payment gateway, you shall seek it against the payment providers.
You acknowledge that Greener is only responsible for the transfer of GPT or the GreenerDNA to You, respecting the procedures and limitations established in this Terms and Conditions and after receiving the due payments of the informed operations.
COMMUNICATION
You agree that if you contact Greener, Greener may send you emails or messages as a result of your interaction, including, but not limited to, responses to your inquiries made by contacting Greener, news about Greener and its new ventures, etc.
You agree that Greener may send You promotional communications by e-mail, including, but not limited to, newsletters, surveys and other information that we consider important to You about the company. It is important that You know that You can unsubscribe from any promotional communication at any time using Greener's customer service channels.
Greener will send you e-mails and communications to accomplish its duties of sending the Certificate of Compensation and other information. It is Your responsibility to keep Your contact information always updated. Greener will not be and is not responsible for the wrongfully provision of your information at Your registry on the Platform. Greener will not reimburse You for the wrongfully provision of information by You.
GREENER INTELLECTUAL PROPERTY
All content published and available on the Website and in the Platform is the exclusive property of Greener, is protected by national and international laws and treaties, and may not be copied, reproduced or used in any other unauthorized way. Violators are subject to civil and criminal penalties.
Greener's intellectual property in these Terms includes, but is not limited to, images, text, logos, documents, files or any item that contributes to the composition of the Website, Platform and to the Brand of Greener and its Partners.
You agree that Our content is licensed and subject to these Terms. Nothing related to Your use of the Website and/or Platform or Your adherence to these Terms provides You any right over the content of the Website, Platform or the Intellectual Property protected thereby.
Unless expressly authorized by Greener in writing, You agree that You may not:
a. copy, modify, link to, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right or interest in the content and Intellectual Property displayed on the Website and the Platform;
b. remove any notices or labels owned by Greener or present on any of Our content or intellectual property, for any purpose;
c. use information for any purpose other than the use of and access to the Website, the understanding of Greener and GPT, for the purpose of harming or competing with Greener's activities.
Licensee may freely utilize the Platform and Website. Notwithstanding the foregoing, User shall not, directly or indirectly, reverse engineer or aid or assist in the reverse engineering of all or any part of the Platform of Website. Reverse engineering includes, without limitation, decompiling, disassembly, sniffing, peeling semiconductor components, or otherwise deriving source code.
EXCLUSION OF WARRANTIES OR LIABILITY
Greener does not warrant the adequacy, reliability, usability, security, quality, capacity, performance, availability or accuracy of the Website and the Platform, as well as its content for as long as the Website and the Platform are accessible or available.
Greener uses reasonable efforts to include up-to-date and correct information on the Website and Platform. However, Greener does not warrant that the information displayed on the Website or the Platform is accurate, complete or adequate for any reason, and Greener, its directors, officers, employees or partners shall not be liable for any incidental, consequential or indirect damages resulting from Your use of the information contained on the Website or the Platform in any of its sections.
The User assumes full responsibility for his/her action or interpretation of the content of the Website and the Platform. Greener may change or remove materials from this Website and the Platform at any time.
You understand and agree that Greener, its subsidiaries, affiliates and licensors shall not be liable to You or any third party for any indirect, incidental, consequential or direct damages You may incur as a result of Your use of the Website or the Platform, whether caused by viruses, faults, failure to update, compatibility or accuracy of the Website, unless proven negligent or in bad faith by Greener.
Greener does not guarantee the adequate and/or complete transmission of the content contained in any electronic communication carried out by it, nor shall it be held responsible for any interruption, distortion or delay in the delivery or receipt of any information to You, whatever the cause, nor for the content displayed or the use of third party websites which may be accessed by any hyperlink on the Greener Website.
You acknowledge that all information transmitted over the Internet (including e-mail communications) may be susceptible to unlawful access and monitoring. You further acknowledge that the transmission of data or information over the Internet may result in loss, interception or alteration during transit and that all such information shall not be considered confidential, and Greener shall have no obligation and shall not be liable for any damages relating to such transmitted information.
The Website and the Platform are provided under these Terms on an "as is" and "as available" basis.
Greener does not guarantee that the content provided may not be illegitimately duplicated (in part or in full) by third parties without Greener's prior written consent and may mislead you.
If applicable law does not allow all or part of the above exclusion of warranties or disclaimer of implied terms in contracts to apply to You, the limitations, exclusions and disclaimers will apply to You only to the extent permitted by applicable law.
INDEMNIFICATION
You agree to indemnify and defend Greener, including our affiliates and their respective directors, officers and personnel from and against all losses, costs, damages, expenses and liabilities (including reasonable attorneys' fees and disbursements) that may be suffered by us or incurred by a Third Party arising out of or as a result of or relating in any way to an act or claim related or executed by Your use of the Website and the Platform, Your violation of these Terms and Your violation of third party rights, including but not limited to intellectual property rights, arising out of Your use of the Website.
The User shall hold harmless, protect and indemnify Greener, under all circumstances, from any loss, fine or legal demand made by any individual or authority in connection with a GPT resale operation executed by the User or a third party, in particular but not limited to the sale of Tokens to PEP ("Political Exposed Person"), criminal or convicted individual or to any individual or company that may cause reputational loss to Greener. Also, the User will be responsible for and shall hold harmless, protect and indemnify Greener of any attempt by itself or any related third-party of greenwashing, violation of AML/CFT and Travel Rules, bad practices or consumer demands or accusations raised from a sale made by the User to any third party, and shall indemnify Greener in the amount equivalent to the damages suffered, which, when reputational, shall not be less than the value of the GPT used in the attempt of the illegal operation at the time of the operation.
LEGAL DISCLAIMERS
You must be aware that the use of the GPT for the purpose of complying with compliance regulations, obtaining tax benefits or for other purposes or benefits defined in local regulations, depends on the legal system of the User's jurisdiction, and is the solely responsibility of the User to verify the feasibility of the intended use. Greener is not responsible for the usability of the GPT for such purposes, as GPTs represent Carbon Credits from the Brazilian Voluntary Market.
The User declare that it is aware that the GPTs are not and do not represent any type of investment, security, financial derivative, cryptocurrency with the purpose of payment or investment, stable coin and that the Tokens do not promise monetary appreciation, nor do it have this purpose.
The User acknowledge and declare that Greener has not led it to believe that GPTs are an investment in which the User intends, or subjectively believes that it can, profit from the entrepreneurial or managerial efforts of others, including through the efforts of Greener or Greener's representatives (i.e. directors, employees, contractors or agents), the purpose of the GPT being that of representation of a carbon credit of the voluntary market.
The User understands that the purpose of the GPT is to offset carbon footprints, while the GPT represent one ton of CO2 equivalent, resulting from the tokenization of carbon credits of the voluntary market at a ratio of 1:1 with the GPT. The User declares that it recognizes that the purpose of the GPT purchased is as described above, and that, to this end, the sole person responsible for the calculation presented to measure the carbon footprint to be offset is the holder of the Token.
The User acknowledge that the use of the GPT is the responsibility of the User, and it must comply with:
a. the purpose of the Token, as defined herein; b. the rules imposed by the Greener Platform; c. anti-corruption rules; e. the rules on combating terrorism and preventing money laundering – AML/CFT.
The User declares that it has sufficient experience and knowledge to assess the risks and advantages of this business and to carry out its own custody of the GPT.
The User declares that it is fully aware of all the risks and benefits involved in the transaction of acquiring a GPT and has full knowledge and ability to understand the technology related to this asset, recognizing and understanding the functions of a crypto asset wallet and the responsibilities and duties relating to the private key that is associated with such crypto asset wallet, being the User solely responsible for the safekeeping and security of its private key and any mnemonic phrase ("Secret Phrase") associated to its wallet that will receive the GPT.
GENERAL CONDITIONS
Notwithstanding the contents of these Terms, Greener reserves the right, without prior notice and in its sole discretion, to terminate or modify these Terms or to suspend or interrupt access to or availability of the Website and the Platform. In case Greener is shutting down the Platform, we will inform You with a 30 (thirty) days prior notice to duly execute the burning process of any GPT that you may have in Your wallet. If You choose not to do so, You will no be able to do it in the future and any expense that you had acquiring the GPT will not be reimbursed or indemnified.
If Greener fails to exercise or enforce any right or provision of these Terms, this will not constitute a waiver of such right or provision to You or any third party. In addition, if any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is individually waived and does not affect the validity and enforceability of the remaining provisions.
These Terms of Use shall be governed by and construed in accordance with the Brazilian Law, and the São Paulo/SP, Brazil, District Court shall be competent to settle any doubts or disputes arising from these Terms.
If you have any questions or suggestions regarding these Terms, please contact us by e-mail: legal@greenertokens.com.
Updated on 05/09/2024
Last updated