Your attention is particularly drawn to the provisions of clause 10 (Limitation of liability).
1. About us
Company details. Fairstarco Pty Ltd (ACN 660527702) trading as BeepBeepBlue (we and us) is a company registered in Australia. We operate the website beepbeepblue.com.
Contacting us. To contact us, email us at email@example.com.
2. Our contract with you
Our contract. These terms and conditions (Terms) apply to the order by you and the supply of Services by us to you (Contract). They apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
Language. These Terms and the Contract are made only in the English language.
Your copy. You should print off a copy of these Terms or save them to your computer for future reference.
3. Our services
Description. We give individuals, via individual contract, the opportunity to determine their greenhouse gas emissions and offset these emissions through our decommissioning of CO2 certificates from the climate protection projects we support (Services).
Confirmation of retirement only. We will ensure that a sufficient quota of suitable emission certificates is available for the contractually agreed CO2 offset. You have no claim to the personal receipt of CO2 certificates, or to the purchase, or any other specific use, of emission reduction certificates. Under this contract, you only receive confirmation of retirement as an offset of the amount of CO2 you declared in your order.
4. Climate Protection Projects
Third-Party service. The CO2 savings realised via our climate protection projects comprise a third-party service provided by independent operators, for which we assume no liability of our own and on which we may have no direct influence.
Depiction of Projects. Any descriptions or illustrations on our Website are published for the sole purpose of giving an approximate idea of the projects described in them. They do not have any contractual force.
Projects are interchangeable. Although we only select projects whose operators are considered trustworthy and who are contractually obliged to comply with fixed standards (e.g. the ‘Gold Standard’ or the ‘Verified Carbon Standard’), we cannot guarantee a specific result in the reduction of emissions via a particular project. If there is an unforeseen delay to one of our carbon offset projects or if a carbon offset project fails to achieve certified emission reductions, we will ensure that CO2 offsetting is provided through another project. Under no circumstances do we guarantee that the CO2 offsets you order will be provided via one particular project that we support.
5. Placing an order and its acceptance
Placing your order. Please follow the onscreen prompts to place your order. You may only submit an order using the method set out on our Website. Each order is an offer by you to buy the Services specified in the order subject to these Terms.
Correcting input errors. Please check your order carefully before confirming it. You are responsible for ensuring that your order is accurate.
Accepting your order. Our acceptance of your order takes place when we send an email to you to accept it (Order Confirmation). You cannot cancel the order once you have received your Order Confirmation.
We will not handle any financial transaction with you: your transaction will be processed through our third-party payment services provider. You authorise our payment services provider to request funds from your credit, debit or other card providers. It is your responsibility to familiarise yourself with our payment services provider’s terms and conditions, which are different from these Terms.
Once funds have been credited to our account, the name that will appear on your billing statement will be BeepBeepBlue.
7. Intellectual property rights
Website. Anyone may access and view our Website or any other website controlled or owned by us, which links to these Terms, provided
- It is used for information purposes only and is not reproduced for commercial gain or on any other website;
- No links are created to the Website; and
- No part of the Website is copied, stored, or transmitted in any way to any third party without our prior written permission.
We are only responsible for content on websites for which we create, publish and disseminate the content ourselves. We are not liable for the accuracy and legality of third-party information and statements even if this information is made accessible on a website or social media platform that we operate.
Copyrights and Trademarks. We, or our content suppliers, own all of the rights, title and interest, including the copyright, in all of the information, data, text, graphics, links or computer code published, contained or available on the Website (the Material). Unauthorized use of the Material, including but not limited to its reproduction, storage, modification, distribution or republication, without our prior written consent or, where applicable, the respective copyright owner(s), is prohibited. The “BeepBeepBlue” logo is a trademark of ours. You are not permitted to use any of our trademarks without our prior written approval.
Use of Logo. We grant you the right to display the BeepBeepBlue logo sticker you receive from us on your motor vehicle/automobile. You agree not to reproduce, duplicate, copy, forge or otherwise manipulate, sell, resell, or exploit the sticker for any commercial purposes. You agree not to use the sticker in any fashion that conflicts with our values and goals.
8. Third-Party Websites
The Website may, from time to time, contain links to third-party websites that are not operated by us. Such links are provided for your convenience only and may include, among others, websites necessary for the purposes of taking payment from you, such as Stripe. We do not control such websites and are not responsible for their content. By including links to third-party websites, we are not endorsing any of the material on such websites or any association with their operators. You are solely responsible for assessing the accuracy and completeness of any information contained on third-party websites, and the value and integrity of any goods and services offered by such websites and use of those third-party websites are entirely at your own risk.
9. Privacy and Data Protection
- provide the Services; and
- inform you about similar services that we provide, but you may stop receiving these communications at any time.
Encryption. We cannot guarantee the security of information transmitted via the internet. Any loss incurred or sustained by you in transmitting information via e-mail or other internet links shall be borne solely and exclusively by you. In no event shall any such loss in whole or part be borne by us.
10. Limitation of liability: YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.
Nothing in the Contract limits any liability which cannot legally be limited, including liability for:
- death or personal injury caused by negligence; and
- fraud or fraudulent misrepresentation.
Subject to clause 10.1, we will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
- loss of profits;
- loss of sales or business;
- loss of agreements or contracts;
- loss of anticipated savings;
- loss of use or corruption of software, data or information;
- loss of or damage to goodwill; and
- any indirect or consequential loss.
We specifically disclaim any liability for any harm resulting from the display of the “BeepBeepBlue” sticker on your motor vehicle/automobile, including vandalism or damage to your motor vehicle/automobile.
Subject to clause 10.1, our total liability to you arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to the amount paid for the Service.
This section 10 will survive termination of the Contract.
Waiver. Any failure of ours to exercise or enforce any of our rights under these Terms shall not be deemed to be a waiver of any such rights or operate so as to bar the subsequent exercise or enforcement of any such rights.
Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
Force Majeure. We shall not be held to be in breach of our obligations hereunder nor liable to you for any loss or damage due to any cause beyond our reasonable control including without limitation any act of God, fire, storm, flood, lightning, disease, strike, trade dispute, act of terrorism, pandemic, or any act or omission of government or regulatory bodies or communications operators.
Third-party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.
Governing law and jurisdiction. The Contract is governed by New South Wales law and we each irrevocably agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the New South Wales courts.