General Terms & Conditions
PLANT NOW is the business name of PLANT-NOW.COM APS (hereinafter referred to as “PLANT NOW”).
The term “PLANT NOW” refers to PLANT NOW,COM APS and its affiliates. The term customer or similar references to the party using the PLANT NOW services refer to you and/or the person signing up for a subscription via the PLANT NOW website or via other channels.
Your PLANT NOW subscription is minimum 12 months and will continue year-to-year until terminated. You must cancel your subscription minimum 3 months before your yearly renewal date. If you cancel your subscription before your year renewal date, you authorize us to charge your next year membership fee to your Payment Method (see “Cancellation” below). To use the PLANT NOW service, you must provide us with a current, valid, accepted method of payment, which you may update from time to time (“Payment Method”). You can find specific details regarding your subscription with PLANT NOW by visiting our website and clicking on the “What You Get” link available. If you open a business subscription, you represent and warrant that you are authorized to grant all permissions and licenses provided in the Agreements and to bind the business to the Agreements. We may change the price of our service from time to time e.g. on the grounds of price fluctuations with projects to neutralize carbon in a UN regulated project and planting trees to combat climate change. The price for your subscription, if applicable, may vary depending on the country you live in.
3. PLANT NOW Service:
During your PLANT NOW service subscription, we neutralize your carbon footprint by taking part in an internationally certified climate project. On top of this, we plant trees to combat global warming. With a PLANT NOW subscription, you will become climate friendly and carbon neutral, as you will be offsetting more emissions than your actual carbon footprint. You may buy into more projects and plant more trees outside your subscription. Such acquisitions will be governed by these General Terms & Conditions. We continually update the PLANT NOW service. In addition, we continually test various aspects of our service, including our website, user interfaces and promotional features. Such testing may interfere with normal stability of our webpage but will not have any impact on the projects to neutralize carbon in an internationally certified climate project and trees planted to combat climate change, acquired by the users by PLANT NOW. You agree to use the PLANT NOW service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. You agree not to archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale or re-sale, or use (except as explicitly authorized in these General Terms & Conditions) content and information contained on or obtained from or through the PLANT NOW service, unless approved in writing by PLANT NOW. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content in the PLANT NOW service; or manipulate the content of the PLANT NOW service in any way. We may terminate or restrict your use of our service if you violate these General Terms & Conditions or are engaged in illegal or fraudulent use of the service. Unless specifically stated by PLANT NOW, the origin of the projects to neutralize carbon in an internationally certified climate project and trees planted to combat climate change may vary from time to time. The PLANT NOW services strives to at all times to acquire the generally accepted projects to neutralize carbon in an internationally certified climate project and to plant trees to combat climate change provided by regional or national states, international organizations and similar (e.g. the UN, the EU, or recognized NGOs), however this may not always apply due to projects can change. If a project changes, we will list the new project on our website. PLANT NOW warrants that we will neutralize our subscriber’s carbon footprint once a year. In reality, this allows certain subscribers to subscribe for a year before the actual carbon is neutralized, as for others (and most) it will be done rather soon. The amount of carbon we neutralize, is calculated as an average of the consumption an individual use. The amount varies globally and therefore in some countries some individuals may neutralize a larger amount of carbon than they actual emit. On the other hand in other countries, subscribers will emit more than is actually neutralized. All in all, a higher level of carbon will be neutralized than what is actually derived, as the numbers are calculated on the basis of an average emission of carbon in a region with the greatest carbon emissions per capita.
4. Governing Law:
These General Terms & Conditions shall be governed by and construed in accordance with the laws of Denmark. These terms will not limit any consumer protection rights that you may be entitled to under mandatory laws. You and PLANT NOW agree that any dispute, claim, or controversy between you and PLANT NOW arising in connection with or relating in any way to these Agreements or to your relationship with PLANT NOW as a user of the service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Agreements), will be determined by the ordinary courts of Copenhagen, Denmark.
5. Third-Party Applications:
6. Customer Support:
To find more information about our service and its features or if you need assistance with your account, please visit the PLANT NOW “What You Get” section on our website. In the event of any conflict between these General Terms & Conditions and information provided by PLANT NOW representatives or other portions of our website, these General Terms & Conditions will prevail.
If any provision or provisions of these General Terms & Conditions shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
8. Changes to General Terms & Conditions:
PLANT NOW may, from time to time, change these General Terms & Conditions and the General Terms & Conditions will at all time be available and updated at the website.
9. Electronic Communications:
We will send you information relating to your use of the service (e.g. payment authorizations, invoices, changes in password or payment method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration.
10. Warranty and disclaimer:
PLANT NOW warrants and guarantees to neutralize carbon footprint by taking part in an internationally certified climate project. On top of this, we plant trees to combat global warming. We endeavor to provide the best service we can, but you understand and agree that the PLANT NOW service is provided “as is” and “as available”, without express or implied warranty or condition of any kind, and that the use of the service is at your own risk. Neither PLANT NOW nor any owner of content warrants that the PLANT NOW service is free of malware or other harmful components. In addition, PLANT NOW makes no representation, nor does it warrant, endorse, guarantee, or assume responsibility for any third-party applications (or the content thereof), user content, or any other product or service advertised or offered by a third party on or through the PLANT NOW service or any hyperlinked website, or featured in any banner or other advertising. You understand and agree that PLANT NOW is not responsible or liable for any transaction between you and third-party providers of third-party applications or products or services advertised on or through the PLANT NOW service. No advice or information whether oral or in writing obtained by you from PLANT NOW shall create any warranty on behalf of PLANT NOW in this regard.
You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the PLANT NOW service is to stop using the PLANT NOW service. To the fullest extent permitted by law, in no event will PLANT NOW, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable for (1) any indirect, special, incidental, punitive, exemplary, or consequential damages; (2) any loss of use, data, business, or profits (whether direct or indirect), in all cases arising out of the use or inability to use the PLANT NOW service, third party applications, or third party application content, without regard to whether PLANT NOW has been warned of the possibility of those damages, or (3) aggregate liability for all claims relating to the PLANT NOW service, third party applications, or third party application content more than the amounts paid by you to PLANT NOW. Nothing in the Agreements removes or limits PLANT NOW’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence.
12. Entire Agreement:
Other than as stated in this section or as explicitly agreed upon in writing between you and PLANT NOW, the Agreements constitute all the terms and conditions agreed upon between you and PLANT NOW and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.
13. Severability and waiver:
Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law. Any failure by PLANT NOW or any third-party beneficiary to enforce the Agreements or any provision thereof shall not waive PLANT NOW’s or the applicable third-party beneficiary’s right to do so.
PLANT NOW may assign the Agreements or any part of them, and PLANT NOW may delegate any of its obligations under the Agreements. You may not assign the Agreements or any part of them, nor transfer or sub-license your rights under the Agreements, to any third party.
To the fullest extent permitted by applicable law, you agree to indemnify and hold PLANT NOW harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: (1) your breach of this Agreement; (2) any activity in which you engage in or through the PLANT NOW Service; and (3) your violation of any law or the rights of a third party.
The membership fee for our service will be billed on a monthly or yearly basis to your Payment Method on the first calendar day in the month commencement of your paid subscription started. In some cases, the timing of your billing may change, for example if your Payment Method has not successfully settled. Visit our website and click on the “What You Get” for further information on payment date. You can change your Payment Method by visiting our website and follow the instructions contained therein. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not change your Payment Method or cancel your account, we may suspend your access to the service until we have obtained a valid Payment Method. You authorize us to continue billing the Payment Method, as it may be updated, and you remain responsible for any uncollected amounts. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details. You can cancel your membership at any time, and you will continue to have access to the PLANT NOW service through the end of your billing period. We do not provide refunds or credits for any partial membership periods. To cancel, go to the PLANT NOW web page and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. If you signed up for the PLANT NOW service using your account with a third-party as a payment method and wish to cancel your PLANT NOW membership at any time, you may need to do so through such third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from, the PLANT NOW service through that third party. You may also find billing information about your PLANT NOW membership by visiting your account with the applicable third party. When you register for a subscription or make a pre-payment, you consent to get access to PLANT NOW services immediately. If you reside outside the United States and register for a subscription online, you may change your mind for any or no reason and receive a full refund of all monies paid within fourteen 14 days. Refunds will not, however, be provided if you have accessed PLANT NOW services at any time during the 14 days Period. We may change the price of our service from time to time e.g. on the grounds of the internationally certified climate project we participate in and the price of the trees we plant to combat global warming. However, any price changes or changes to our service plans will apply to you no earlier than 30 days following email notice to you. The price for your subscription may vary depending on the jurisdiction you elect as your origin.
17. Passwords & Account Access:
The member who created the PLANT NOW account and whose Payment Method is charged, the Account Owner, has access and control over the PLANT NOW account. To maintain control over the account and to prevent anyone from accessing, the Account Owner should not reveal the password nor the Payment Method details (e.g., last four digits of their credit or debit card, or their email address if they use PayPal) associated with the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the PLANT NOW website and not through a hyperlink in an email or any other electronic communication, even if it looks official. We can terminate your account or place your account on hold in order to protect you, PLANT NOW or our partners from identity theft or other fraudulent activity.
If you have any questions concerning the PLANT NOW service or the Agreements, please contact PLANT NOW by visiting our website and follow the instructions contained therein: www.plant-now.com