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This is an agreement between you and Carma (details below), who are the company behind the Carma application (AR, us, our or we). Please read the following terms and conditions carefully. These terms, along with the Privacy Policy discussed below (and provided for at https://www.carma.earth/privacy), (together, these terms and conditions and the Privacy Policy are called the Terms), govern your access to and use of the Web/Mobile application (the Application) and any related interactive, supplemental and informational services made available to you as a consumer (Services) on any media platform (as described below) (together, the Application and Services are called the Platform), and constitute a binding contract between you, as a user of the Platform, and AR, the provider of the Platform (the Agreement).
Your access to and use of the Platform requires your compliance with and agreement of these Terms. By downloading the Application or accessing and/or using any part of the Platform, you agree to be bound by this Agreement. If there is anything in this Agreement which you don’t understand, please contact us at info@carma.earth so we may be able to help you.
We operate the Carma Application. We are Rewards Earth Limited, a limited company registered in England and Wales under company number 13315107 whose registered office is 20-22 Wenlock Rd, London, Greater London, England, N1 7GU. Your privacy is of utmost importance to us. You should read our Privacy Policy (https://www.carma.earth/privacy) to understand how we collect, use and share information about you. You will be referred to in these Terms as you or your.
We operate the platform in accordance with these Terms which allows you to easily join Carma as a member. Carma is a social enterprise that plants trees and supports veterans and mental health. It was founded in 2021 by a team of entrepreneurs and veterans who were passionate about making a positive impact on the world. Using Carma enables you to enact good carbon behavior and give back to people and the planet, whether you subscribe to any of our services or share the application. You are able to collect (Carma) in accordance with these Terms simply by
(1) taking part in a tree planting day.
(2) sharing Carma to your friends.
(3) Subscribing to a paid membership plan.
We accept users from outside the UK, and we are not liable to or for any losses experienced by any person or business that is outside the UK. You will be unable to register for the Application if you are unable to provide a valid email address. In order to access all features of the Platform, you must firstly register with us and set up an account with a valid email address and password (an Account). To create an Account, you must be of legal age (16 or over) and capable, under English Law, of entering into this Agreement. When you register using your mobile phone number you will be sent a unique pin code. You agree not to disclose your pin code to anyone else and that you will be solely responsible for any activities or actions taken under your Account, whether or not authorised by you. Please notify us immediately of any unauthorised use of your Account by emailing us at info@carma.earth. We are not liable for any loss or damage from your failure to comply with these requirements. You agree that the information you provide to us will be true, accurate, and complete in all respects. By creating an Account, you consent to the use of: (i) electronic means to accept these Terms and to provide you with any notices given pursuant to the Terms; and (ii) electronic records to store information related to the Terms or your use of the Services. Alternatively, you may register and connect to the Platform and create an Account using authorisations via a third-party service (for example via your Facebook login) and in doing so: (a) you give us permission to access and use your information from that third-party service and to store your log-in token for that service as set out in our Privacy Policy (https://www.carma.earth/privacy) (b) you acknowledge and agree that you will be solely responsible for the security of that third-party login information and agree that we will not be liable for any action taken in accordance with your Account as a result of a breach of security of such third-party.
In consideration of you agreeing to abide by these Terms, we grant you a non-transferable, non-exclusive, personal licence to use the Application and Services on the supported devices (Devices and each a Device). We reserve all other rights. You may download one copy of the Application onto your Device and access, view, use and display the Platform on the Device for your personal, non-commercial purposes only. Except as expressly set out in these Terms or as permitted by any local law, you agree:
(i) not to copy the Application or Services except where such copying is incidental to normal use of the Application, or where it is necessary for the purpose of back-up or operational security;
(ii) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Application or Services;
(iii) not to make alterations to, or modifications of, the whole or any part of the Application, or permit the Application or any part of it to be combined with, or become incorporated in, any other programs;
(iv) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Application or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the Application with another software program, and provided that the information obtained by you during such activities: (iv)(a) is used only for the purpose of achieving inter-operability of the Application with another software program; (iv)(b) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
(iv)(c) is not used to create any software that is substantially similar to the Application;
(v) to keep all copies of the Application secure and to maintain accurate and up-to-date records of the number and locations of all copies of the Applications;
(vi) to include our copyright notice on all entire and partial copies you make of the Application on any medium;
(vii) not to provide or otherwise make available the Application in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
(viii) to comply with all technology control or export laws and regulations that apply to the technology used or supported by the Application or any Services (“Technology”).
By accepting these Terms you agree that all confidential information, copyright and other intellectual property rights in our Technology belong to us or the people who have licensed us to us such intellectual property rights. You acknowledge that you have no right to have access to the Application in source-code form.
As part of the Services we provide, you may receive email notifications, push notifications, local client notifications, text messages, advertisements, promotions or other types of messages directly sent to you outside or inside the Application (“Push Messages”). You have control over the Push Messages settings, and can opt in or out of these Push Messages through the Services or through your Devices’ operating system (with the possible exception of infrequent, important service announcements and administrative messages).We have no intention of ever spamming you with unwanted messages and, as noted above, you are not required to provide this consent as a condition to using the Services and may opt out.For notifications to other Devices, by agreeing to these Terms you authorise Carma to send such notifications to the specific Device. Again, we have no intention of ever spamming you with unwanted notifications and, again, you are not required to provide this consent as a condition to using the Services and may opt out.We may offer you the opportunity to invite your friends or contacts to download the Application and enjoy the Services. If you click to invite one or more of your friends or contacts using Facebook or Twitter we may suggest content for the message/status/tweet/post. You can edit that suggested content, and if you choose to send such message/status/tweet/post those messages will be sent from the applicable functionality on your Device and we will not be responsible for any problems associated with the functionality of sharing such content from your Device. If you do choose to send such invitations, you represent to us that the recipients of such invitations have consented to receive such messages from you, and that those recipients do not consider such messages unwanted or unsolicited. In addition, you confirm that all content included on such messages and notifications will comply with these Terms, in particular you confirm all images, sounds, text or other information you submit or share will meet the terms detailed in the Rules of Acceptable Use and User Content (as set out below).We, the Merchants and the Network Providers may provide advertising or promotions to you through the Application by text message, emails or by other means. These advertisements and promotions may be based on your User Content or other information available to us through the Application and associated Services. When delivering advertising or promotions we will only use information that identifies you in accordance with these Terms and the terms of our Privacy Policy (https://www.carma.earth/privacy).
There is a subscription charge a fee for using the carma application. If we changed the a fee for your continued access to the Application and associated Services, we will aim to give you at least 90 days prior notice so you can opt out of the Services and uninstall the Application.
In addition to the other requirements within these Terms, this section describes specific rules that apply to your use of the Application and the associated Services (“ Rules of Acceptable Use”). When using the Application and associated services you must not:circumvent, disable or otherwise interfere with any security related features of the Application or Services that prevent or restrict use or copying of the content accessible via the Platform;use the Application or any Services if we have suspended or banned you from using it;create more than one Account on the Application (however, you may connect all your social networks’ accounts, that we support, to your Account on the Application), give any false or misleading information in your Account details, impersonate any other person, misrepresent your identity, or falsely give the impression that your User Content comes from someone else;modify, interfere, intercept, disrupt or hack the Application or Services, misuse the Application or Services by knowingly introducing viruses, trojans, worms, logic bombs or other material which would harm the Application or any of the Services or any user of the Application or Service’s own equipment, send any junk, spam or repetitive messages, collect any data from the Application and Services other than in accordance with these Terms, or engage in any illegal or unlawful conduct; or unfairly or unlawfully interfere with, distort, undermine or manipulate the figures, ultimately leading to the collection and application of the Carma (CO2 reduction when You Share or other) or Carma system;submit or contribute any User Content (including comments and descriptions) that contains nudity or violence or is abusive, threatening, obscene, misleading, untrue or offensive;submit or contribute any User Content without the permission of the content owner or otherwise infringe the copyright, trademark or other rights of third parties or submit or contribute any information or commentary about another person without that person’s permission.Failure to comply with these Rules of Acceptable Use constitutes a serious breach of this Agreement/these Terms, and may result in us, the Merchant’s and/or the Network Provider’s taking all or any of the following actions (with or without notice):the forfeiting of any Carma awarded to you;immediate, temporary or permanent withdrawal of your right to use the Application;immediate, temporary or permanent removal of any User Content;issuing of a warning to you;legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;disclosure of such information to law enforcement authorities as we reasonably feel is necessary.These responses detailed above are not limited, and we and such other parties may take any other action we reasonably deem appropriate.
WE MAY DEEM YOUR ACCOUNT INACTIVE IF YOU HAVE NOT ACTIVELY USED THE APPLICATION FOR 365 DAYS OR MORE. ONCE YOUR ACCOUNT IS DEEMED INACTIVE, ANY OR ALL REWARDS AND/OR PENDING REWARDS WITHIN YOUR ACCOUNT MAY BE FORFEITED AT ANY TIME, WITHOUT NOTICE AND AT OUR SOLE DISCRETION, AND WE MAY TERMINATE THE ACCOUNT.
You may terminate your Account at any time and for any reason by deleting your Account or by sending us an email notice with the subject line “please cancel my Carma membership” to info@carma.earth and requesting to be removed from the Platform. By cancelling your membership, the account registered to you will be terminated and may no longer be accessible, and all Carma will immediately be forfeited. Any termination request will be handled within 30 days of receipt of such a request by us. Any suspension, termination or cancellation will not affect your obligations to us under this Agreement and these Terms (including but not limited to ownership, indemnification and limitation of liability), which are intended to survive such suspension, termination or cancellation. We may immediately terminate your Account or suspend your access to the Application and associated Services and remove any material (including any User Content provided by you) from the Services or our servers, in the event that you breach these Terms or for any other improper conduct, at our sole discretion and without prior notice to you. As a result of any such termination, we may disqualify you from future participation in our programs and services (whether at present available or in the future). We also reserve the right to terminate your Account or suspend your access to the Application and associated Services at any time and for any reason, including but not limited to the need to conduct maintenance or if we discontinue any part of the Services. Upon termination, all licences and other rights granted to you under these Terms will immediately cease, and you will forfeit all Rewards accrued. We will not be liable to you or any other person for termination of your Account or suspension of your access to the Services. Upon any termination or suspension, any information (including User Content) that you have submitted to the Services may no longer be accessed by you to the extent permitted by applicable law. Furthermore, we will have no obligation to maintain any information stored in our database related to your Account or to forward any information to you or any other person unless it is required to be provided in accordance with all and any applicable laws or regulations.
The Application and associated Services may contain content or services provided by third parties and/or links to third party services, websites or resources. We are not responsible or liable for the availability, accuracy, functionality, adherence to third party policies or our policies, or the legality of, and we do not endorse, such websites, services or resources or the content, products, or services on or available from such websites or resources. You are solely responsible for and assume all risk arising from your use of any such websites, services or resources.
Commentary and other materials posted on our application are not intended to amount to advice on which reliance should be placed. We therefore DISCLAIM all liability and responsibility arising from any reliance placed on such materials by any visitor to our application, or by anyone who may be informed of any of its contents. We will not be responsible or liable to any third party for the content or accuracy of any materials posted by you or any other users of our application.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our application and associated Services, you accept that communication will be mainly electronic. We will contact you by e-mail, text message (SMS) or provide you with information by posting notices on our application. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information, and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
Your use of the Platform is at your sole discretion and risk. We will not be responsible (to the extent we are able to do so by law), for any harm to your computer or Device, loss of data, personal injury, property damage, or other harm that results from your use of the Services and/or Application. Due to the nature of the Internet and technology, the Services are provided on an “as available” and “as is” basis, and as such we do not make any warranties or promises: (i) regarding the security, accuracy, reliability, timeliness, and performance of the Services; or (ii) that the Services and/or Application will be error-free or that any errors will be corrected. We will not be liable, and you are solely responsible, for any access or usage charges charged by your wireless carrier/Network Provider related to any Device that you use to access or use the Application or Services. We are not responsible for (i) incorrect or inaccurate transcription of information, (ii) problems related to any of the equipment or software associated with the Services or Application or used by you, (iii) human error outside our reasonable control, (iv) any interruption, deletion, omission, degradation, defect, or line failure of any telephone network or electronic transmission, or (v) problems relating to inability to access an Application or the Services. We DISCLAIM (to the maximum extent permitted by applicable law) all liability for any technical failures or errors of, on, or connected to the Services and/or Application, including but not limited to Push Messages and Notifications sent erroneously due to technical failures or errors. We will use reasonable efforts to correct any such failures within a reasonable period upon discovering them or being informed about them. If you think you have received Push Messages or Notifications in error or experienced other technical failures, please contact us immediately.
death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable), fraud or fraudulent misrepresentation. any other matter in respect of which it would be unlawful pursuant to English Law for us to exclude or restrict liability. In addition, we will never be responsible for any loss and/or damage which is not reasonably foreseeable. If you would like information about your legal rights, you should contact your local trading standards or citizens advice bureau.
You agree to defend, indemnify, and hold us, our officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation all reasonable legal fees and costs, arising out of or in any way connected with (i) your access to or use of the Application or Services; (ii) your breach of this Agreement and/or your breach/violation of these Terms, including without limitation any representations made herein; or (iii) your breach/violation of any third party right, including without limitation any intellectual property right, or publicity, confidentiality, property or privacy right.
We may revise these Terms from time to time, but the most current version will always be at:https://www.carma.earth/terms
We may revise our Privacy Policy from time to time, but the most current version will always be available at:https://www.carma.earth/privacy
Changes will usually occur because of new features being added to the Application and associated Services, changes in the law or where we need to clarify our position on something. In all cases we will try, where possible and reasonable, to contact you to let you know about any significant changes to these Terms and the Privacy Policy (https://www.carma.earth/privacy). We may contact you through the Application (for example by asking you to accept the changes before you continue to use the Application) or via a separate email. Normally, we will try to give you some warning before the new terms and other documents become effective, however, sometimes changes will need to be made immediately and if this happens, we reserve the right not to give you any prior notice and we will not be liable for any loss (to the extent permitted by applicable law) associated with such changes.
If you have a dispute with us relating to this Agreement, the Application and/or associated Services, then, in the first instance, please contact us at help@carma.earth and we will attempt to resolve the dispute informally and within a reasonable timeframe. In the unlikely event that we are not been able to resolve a dispute informally within a reasonable timeframe, we will discuss and agree with you the most effective way of resolving the dispute, and further, before any legal action is taken, we urge you to comply with any and all Pre-Action Protocols to save time, effort and ultimate cost/loss.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that are caused by events outside our reasonable control (Force Majeure Event). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation): (i) strikes, lock-outs or other industrial action; (ii) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; (iii) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; (iv) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; (v) impossibility of the use of public or private telecommunications networks; (vi) the acts, decrees, legislation, regulations or restrictions of any government; and (vii) pandemic or epidemic. Our performance of obligations is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations may be performed despite the Force Majeure Event.
If we fail to insist upon strict performance of any of your obligations under this Agreement or these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us of any of these Terms will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any court or competent authority decides that any of the provisions of this Agreement or these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
This Agreement and these Terms and any dispute or claim arising out of or in connection with this Agreement and these Terms or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Agreement or Terms or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.Contact, Feedback and Complaints In all instances please use the details and contact information available at https://www.carma.earth
You should print a copy of these Terms for future reference. You will be deemed to accept these Terms on completion of the creation of an Account. Please understand that if, at any time, you refuse to accept these Terms, you will not be able to use the Application or any associated Services.