Terms of service

TERMS AND CONDITIONS FOR BUYING CARBON CREDITS VIA THE GOLD STANDARD PROJECT MARKETPLACE

v.3.0 - Effective as of 21 January 2022

1. Introduction, Purpose and Acceptance of the Terms

The Gold Standard Foundation (“GSF”, “Gold Standard” “we”, “us”, or “our”) has created a marketplace page on our website (the “Site”), which provides a venue for Buyers to find, learn about, and purchase Gold Standardcertified carbon credits from select projects located around the world (the "Project Marketplace”). We want to make sure that you have a positive experience. Please read on to find out more about your rights as a Buyer, as well as our expectations of you. By buying Gold Standard-certified carbon credits on the Project Marketplace you accept these Buyer terms and conditions (the “Terms”). To accept and adopt these Terms, please click on I agree to Gold Standard Marketplace's Terms of service box.

2. Restrictions

By shopping on the Gold Standard Project Marketplace, you understand, agree and represent that:

You are at least eighteen (18) years old;
You have the authority and capability to enter in to these Terms;
Payments via the online Project Marketplace platform are made through third party payment providers, such as PayPal or Stripe. Payments via a direct bank transfer can be executed as per Clause 4.2 directly to Gold Standard’s bank account specified in the invoice;
All prices are in US Dollars and all payments should be made in US Dollars;
Gold Standard will take 15% of the proceeds from the price listed at the time of purchase on the Gold Standard Project Marketplace to cover foreign exchange rates, transactional fees, and the administration costs for hosting and maintaining the Project Marketplace online platform;
After purchase, the Gold Standardcertified carbon credits are publicly retired in near to real-time in the Gold Standard Impact Registry. This ensures the credits are not recirculated or resold;
A Retirement Certificate documenting the purchase details and providing links to the credit Retirements will be sent to the email address used for purchasing the Gold Standard-certified carbon credits;
Carbon credits purchased via the Project Marketplace may not be sold onwards;
The credit Retirements are publicly displayed in the Gold Standard Impact Registry. Retirements include the attribution name and the order number only.

3. Purchasing credits on the Gold Standard Project Marketplace

When you buy Gold Standard-certified carbon credits on the Gold Standard Project Marketplace, you are directly supporting the independent Project Developer. By making this purchase, you represent, agree and understand that:

You have read the project listing, including the project description, before making a purchase;
You will submit appropriate and timely payment and comply with the payment terms as per clause 4 of the present terms for the credits purchased;
The Gold Standard will transparently retire the credits on your behalf in the Gold Standard Impact Registry.

4. Payment terms

Payments can be made:

Online via the Project Marketplace platform through third party payment provider PayPal or using a credit or debit card;
By direct bank transfer to Gold Standard’s bank account specified in the invoice. Direct bank transfers can be requested for amounts over $5’000.00:
1. To initiate a direct bank transfer payment, the Buyer needs to provide written confirmation in an email to credits@goldstandard.org indicating the project(s) selected, respective volume of credits, billing details, and the full name to be mentioned in Retirement Attributions and Retirement Certificates.
2. Upon receiving such email written confirmation, Gold Standard will respond to the email by issuing an invoice within three (3) Business Days and reserve the confirmed Gold Standard-certified carbon credits so that they cannot be purchased or retired by another party. In case carbon credits are simultaneously reserved in the system, and run out of stock, Gold Standard shall not be liable and will respond to the written confirmation email and indicate that the carbon credits are not available anymore.
3. Buyer will pay the invoice within fifteen (15) Business Days of receipt. Payments must be made in USD to Gold Standard’s bank account specified in the invoice. Gold Standard cannot hold the reserved credits after the invoice due date and will put them back on the Project Marketplace. Considering the above, if payment is not received within fifteen (15) Business Days, Gold Standard cannot guarantee the fulfilment of the order and shall not be liable.

In any case, funds must reach Gold Standard’s bank account before the carbon credits can be retired.

Within three (3) Business Days of receiving funds, Gold Standard will publicly retire the carbon credits with the appropriate Retirement Attribution and generate a Retirement Certificate to send to the Buyer.

5. Refunds

The Gold Standard-certified carbon credits you purchase will be retired by Gold Standard so that they cannot be recirculated or resold. They are therefore non-refundable.

6. Tax Deduction

Your purchase of Gold Standard-certified carbon credits may be tax deductible depending on the laws of your home country. The Gold Standard makes no representations or warranties as to whether your purchase is tax deductible. The Gold Standard will not at any time provide any advice as to whether your purchase is tax deductible. Instead, you should consult a local tax professional.

7. Communicating with Project Developers (Sellers)

The contact information for Project Developers will be posted on the Project Marketplace under each Project’s listing. Feel free to communicate directly with the Project Developers if you have any questions about a Project.

8. Privacy and data protection

The Gold Standard takes the protection of personal data very seriously. The Gold Standard is committed to protecting your privacy and providing a safe online experience. Data collected will be strictly used to help us carry out our services. Any personal data received by Gold Standard under these Terms will be handled in accordance with our Privacy Policy. By using the Site, you consent to the collection, storage, use and disclosure of your personal information as described in our Privacy Policy and you consent to Gold Standard Website Terms and Conditions.

You acknowledge that Gold Standard may be required by law to conduct background checks on you from time to time. You agree to use your best endeavours to assist us in carrying out any such obligations on background check requirements.

9. Copyright

The images and information related to each Project belong to the independent Project Developers and/or Project Participants. For any Project supported via the online Project Marketplace, you may use the information and the images included in the online Project profile pages on the Gold Standard Site to communicate your climate action efforts, as long as you accredit the relevant Project Developer(s) and/or Project Participants (where relevant). Any dispute in this regard will have to be settled directly between you, the Project Developer(s) and/or Project Participants, without any intervention by Gold Standard, who shall not be held liable in any way.

10. Intellectual Property

We take protection of intellectual property rights very seriously. We comply with intellectual property laws and industry best practices to maintain the integrity of all our intellectual property rights. The names “The Gold Standard Foundation”, “Gold Standard,” “Gold Standard for the Global Goals”, any other Gold Standard mark, phrase, logo, patent, trademark, copyrights, software, trade secrets, design and any other intellectual property right that we have or may have in connection with the Project Marketplace or any of our services are intellectual property of Gold Standard. If you would like to use our trademarks, or any of our intellectual property rights, you must follow our Brand Guidelines.

You agree that Gold Standard has the right to take action against you if you misuse or misappropriate our intellectual property in any way that is not permitted, false, deceptive, or misleading. Such action may include, but is not limited to, terminating your use of the Project Marketplace, refraining you from buying any Gold Standard-certified carbon credits in the future or taking legal action against you under the applicable law. If you would like to notify us of alleged infringement of any intellectual property, please send an email to help@goldstandard.org.

You also agree, represent and acknowledge that:

If you use our trademarks, or any of our intellectual property rights you will comply with our Brand Guidelines and Gold Standard Website Terms and Conditions;
The Gold Standard logo or any Gold Standard trademarks or intellectual property rights can only be used in conjunction with a Project activity you invested in by purchasing credits and not against any activity of carbon footprinting calculation or carbon neutrality claims, developed by you or by any third-party which Gold Standard does not take any responsibility for;
You cannot incorporate Gold Standard trademarks, in whole or in part, in the name of your company, product, application, service, or website;
We shall retain all rights (including but not limited to all patent rights, trademark rights, copyrights, software, trade secrets and any other intellectual property rights) that we have or may have in connection with the Project Marketplace and any of our services;
Gold Standard has all the necessary rights and licenses in place to display the Product or Project data on the Project Marketplace. Gold Standard has also obtained from the Project Developers all the necessary rights to allow you to use the information and the images included in the online Project profile pages on the Gold Standard Site to communicate your climate action efforts as long as you accredit the relevant Project Developer(s) and/or Project Participants (where relevant). Any other intellectual property outside of the Project Marketplace may belong to the Project Developers and/or Project Participants and such Project Developer and/or Project Participant shall retain all rights (including but not limited to all patent rights, trademark rights, copyrights, trade secrets and any other intellectual property rights) that they have or may have outside of Gold Standard Project Marketplace and Impact Registry;
The use of your logo needs to be distinct and not include or look similar to those that belong to Gold Standard, Project Developers, Project Participants, or anyone else in the industry and you should generally comply with all applicable intellectual property laws and industry best practices.
Should you wish to advertise Gold Standard, make use of any of its distinctive signs or imply any association with the Gold Standard and/or the Projects associated with Gold Standard, you will provide Gold Standard with a written request for authorization and accept Gold Standard’s Website Terms and Conditions online. Gold Standard can reject such a request without providing any reasons for its rejection.

11. Termination

These Terms shall come into force according to Clause 1 above. They shall only cover and apply to the one off purchase of Gold Standard-certified carbon credits on the Project Marketplace you accept these Terms for. Each time you purchase Gold Standard-certified carbon credits on the Project Marketplace you will be requested to accept the applicable up to date version of these Terms.

Gold Standard may restrict you from accessing the Project Marketplace to purchase Gold Standard-certified carbon credits in the future and may take legal action against you under applicable law if you commit any fraudulent action or material breach of any obligation or restriction under these Terms.

12. Warranties and limitations of Liability

1. Warranty

You represent and warrant to Gold Standard that:

You have legal capacity to enter into these Terms;
Any and all information you provide to Gold Standard is and shall be true, accurate, complete and up-to-date;
You possess all authorizations, approvals, consents, licenses, permits, and other rights and permissions necessary to perform your obligations under these Terms and you will comply with all applicable laws and any other terms and conditions, policies and guidelines that are linked to these Terms.

You also agree, accept, understand and acknowledge:

That Gold Standard does not warrant that the use of the Project Marketplace will be uninterrupted or error free;
The risks and waive all rights to hold Gold Standard responsible in any way, financially or otherwise, for such errors and results;
That Gold Standard does not make any specific promises or take any responsibility about: a) the availability of credits through the Project Marketplace; b) the reliability, capability, or qualifications of any Project Developer, Project Participant, Certification Body and/or VVB, Buyer, or any user of the Project Marketplace; or c) the information and assessments received in good faith from third parties, including but not limited to Project Developer(s) and/or Project Participants.

To the extent allowed by Swiss law, Gold Standard disclaims all other representations and warranties, whether express or implied.

2. Liability

Except where otherwise provided in these Terms, and to the extent allowed by Swiss law, we shall not be liable to you or any other person or third party with respect to the use of the Project Marketplace and the sale under these Terms under negligence, strict liability or other legal or equitable theory for (a) lost revenues, lost profits, loss of business, or any incidental, indirect, exemplary, consequential, special, or punitive damages of any kind or (b) cost of procurement of substitute goods, technology or services, whether or not foreseeable.

To the extent allowed by Swiss law, Gold Standard shall not be held liable to and shall not accept any liability, obligation or responsibility whatsoever from any loss or damage in connection with the sale of Gold Standard-certified carbon credits on the Project Marketplace.

To the extent allowed by Swiss law, our aggregate liability for all damages of any kind arising out of or relating to these Terms or its subject matter shall not exceed the amount paid by you to Gold Standard for all credit purchases on the Project Marketplace based on prices listed at the time of purchase on the Gold Standard Project Marketplace, in the 12 months preceding the date of the occurrence of the damage.

13. Indemnification

To the extent allowed by Swiss law, you will defend, and indemnify and hold Gold Standard and its affiliates, their respective directors, officers, employees, agents, attorneys, customers, successors or assigns harmless against all and any liabilities, damages, losses, costs, fees (including legal fees), and expenses relating to and arising from, without limitation 1) any allegation or third-party legal proceeding arising from the use of the Project Marketplace; 2) any violation of a third party’s rights misuse of the Project Marketplace; 3) any misrepresentation or breach of any representation, warranty, obligation, or covenant by you of these Terms; 4) any other violation by you of these Terms; or 5) any act of negligence, fraud, willful misconduct, errors or omissions committed by you or any other third-party. In such instances, Gold Standard further reserves the right to independently handle all legal defense responsibilities in our sole discretion, and you further agree to cooperate with us so we can execute our legal strategy.

14. Governing Law, jurisdiction and Dispute Resolution

If, you have any concern regarding your use of the Project Marketplace and/or your purchase of Gold Standard-certified carbon credits on the Project Marketplace, please let us know so we can try to resolve the issue. If we cannot, then these are the rules that will govern any dispute:

Governing Law. These Terms are governed by the laws of Switzerland, without regard to its conflict of laws rules. These laws will apply no matter where in the world you are located.
Good Faith Negotiations. We should first try to resolve the conflict through good faith negotiations. Send us a notice of the issue, and we will work with you for 10 Business Days to try to resolve it.
Arbitration. If no resolution is reached after good faith negotiations, any dispute, controversy or claim arising out of, or in relation to, these Terms, including the validity, invalidity or breach shall be resolved by arbitration in accordance with the Swiss Rules of International Arbitration of the Swiss Chambers' Arbitration Institution in force on the date on which the Notice of Arbitration is submitted in accordance with these rules. The seat of arbitration shall be Geneva, Switzerland. The arbitral proceedings shall be conducted in English.
Use of the Project Marketplace. We may choose to suspend your right to access the Project Marketplace or any of our services service during arbitration.

15. Force Majeure

No party under these Terms shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.

16. Notices

All notices under these Terms shall be in writing and be deemed duly given if signed by, or on behalf of, a duly authorised officer of the party giving the notice.
Notices shall be deemed to have been duly given: a) when delivered, if delivered by courier or other messenger (including registered mail) during normal business hours of the recipient; or b) when sent, if transmitted by e-mail; or c) on the second Business Day following mailing, if mailed by national ordinary mail, postage prepaid; or d) on the fifth Business Day following mailing, if mailed by international airmail, postage prepaid.
Any notice received on a day that is not a Business Day shall be deemed to have been received on the next Business Day.
In each case notices shall be addressed to the most recent address or e-mail address notified to the other party.

17. General Provisions

Here are some additional house rules to which you agree:

At all times you will provide personal data or information to Gold Standard that is true and accurate;
Any intellectual property you submit to Gold Standard does not violate the intellectual property rights of a third party;
You cannot assign or novate your rights or obligations under these Terms to another party without our prior written consent;
We may assign any of our rights or obligations under these Terms at our discretion;
We may change these Terms, and any other terms and conditions and/or documents referred to in these Terms from time to time. Each time you purchase Gold Standard-certified carbon credits via the Project Marketplace you will be requested to accept the applicable up to date version of these Terms linked to all other up to date terms, policies, and guidelines. If any part of these Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the remaining provisions will be in full force and effect;
These Terms and any updated version of them contain the entire agreement between you and us with respect to your purchase(s) of Gold Standard-certified carbon credit on the Project Marketplace;
If any part of these Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the remaining provisions will be in full force and effect;
Our failure to enforce any part of these Terms is not a waiver of our right to later enforce that or any other part.

18. Definitions

“Brand Guidelines” is the document that provides the rules for any individual or entity who seeks to use Gold Standard’s intellectual property, as it may be amended from time to time.

“Business Day” means any day (other than Saturday or Sunday or any public holiday) on which ordinary banks are open for their full range of normal business in Switzerland.

“Buyers” means any buyer that makes use of the Project Marketplace interface to purchase and retire Gold Standard-certified carbon credits.

A “carbon credit” represents the certified reduction or removal of one tonne of carbon dioxide equivalent (tCO2e) from the atmosphere.

“Certification Body(ies)” means any entity with whom Gold Standard works and who is qualified and accredited to certify Projects, Products, and/or units.

“Gold Standard-certified carbon credits” means carbon credits which are issued Verified Emission Reductions (“VERs”) and which received Gold Standard certification.

“Impact Registry” means the public database where information about all Gold Standard certified Projects and Products, including Gold Standard-certified carbon credits, is tracked and stored. Please see https://registry.goldstandard.org/projects

“personal data” has the meaning given to it under all applicable data protection laws.

“Product” means any Gold Standard-certified unit, impact or statement (including without limitation Verified Emission Reductions (“VERs”), Certified Emission Reductions (“CERs”), Renewable Energy Certificates (“RECs”), western boundary currents (“WBCs”), Averted Disability Adjusted Life Years (“ADALYs”), Planned Emission Reduction (“PERs”), etc.

“Project” means any activity or intervention that generates an impact and which has been submitted to a Certification Body for review and certification.

“Project Developer” means the leading individual or entity that is involved with the development of a Project that is seeking, or has achieved, certification to Gold Standard certification. Project Developers can sell their Gold Standard-certified carbon credits on the Project Marketplace.

“Project Marketplace” means the online e-commerce interface hosted by Gold Standard where Project Developers and Project Participants sell their Gold Standard-certified carbon credits to Buyers.

“Project Participant” means a supporting individual or entity that is involved with the development of a Project that is seeking, or has achieved, certification to Gold Standard certification.

“Privacy Policy” means Gold Standard Privacy Policy, as it may be amended from time to time.

“Retirement” a carbon credit is “retired” when it is purchased for carbon offsetting purposes and subsequently cancelled or “retired” on the Gold Standard Impact Registry. This means that the carbon credit can no longer be bought or sold.

“Retirement Attribution” refers to the name of the individual or the company that the Buyer wants to show on the Retirement Certificate, so that the purchase of the Gold Standard-certified carbon credits is attributed to a certain person or company. It does not necessarily need to be the Buyer himself.

“Retirement Certificate” means the certificate that is issued and sent to the Buyer via automatic email once the Gold Standard-certified carbon credits are retired in the Gold Standard Impact Registry.

“Seller” means Project Developers selling Gold Standard-certified carbon credits via the Gold Standard Project Marketplace interface.

“Terms” means these terms and conditions for buying Gold Standard-certified carbon credits via the Gold Standard Project Marketplace, as they may be amended from time to time.

“VVB” means the Validation and Verification Bodies Project Developers use to audit/verify Gold Standard projects through the certification process.

“Website Terms and Conditions” means the terms and conditions of Gold Standard’s website, as they may be amended from time to time.