Chooose General Terms & Conditions


Introduction

The Chooose General Terms and Conditions govern your use of the services of Chooose AS (hereinafter referred to as “Chooose”). Chooose provides our customers with an agreed number of carbon credits or alternative Climate Products units (also referred to as “Climate Products”) that we acquire and retire from the relevant Registry, or by other means apply adequate measures to make unavailable for resale, and related digital services. As used in these GTCs, "Chooose service", "our service" or "the service" means the service provided by Chooose for providing you as a customer (Customer) with all features and functionalities, website, and user interfaces, as well as any transacted Climate Product, and other content associated with our service. Chooose provides the service to you and may be named as the sender and/or contracting party for invoices and similar formal correspondence and documentation. By signing up or otherwise using the Chooose service, websites, and software applications, you are entering into a binding contract with Chooose as provider of the service.

Your agreement with us includes these GTCs, our Privacy Policy (the GTCs and Privacy Policy, and any additional written terms explicitly agreed between you and Chooose, are referred to together as the “Agreements”). If you are using the Chooose services and/or entering into the Agreements on behalf of a company, organization, entity, or brand (an Organization) the terms “you” and “your”, as used throughout the Agreement, apply to both you and the Organization, as applicable. You acknowledge (including on behalf of and as a representative of the customer if an Organization) that you have read and understood the Agreements, accept these Agreements, and agree to be bound by them. If you do not agree with (or cannot comply with) the Agreements, then you may not use the Chooose service or acquire any virtual Climate Products from Chooose. The Agreements cover important information about Chooose services provided to you including any charges, taxes, and fees we may bill you. In order to use the Chooose service, you need to have the right to enter a binding contract with us and not be barred from doing so under any applicable laws. You also promise that any registration information that you submit to Chooose is true, accurate, and complete, and you agree to keep it that way at all times.

If you are using Chooose services through a third party, you accept that your contractual relationship will be with Chooose only and that any transaction will be performed strictly between you and Chooose and that said third party may not in any way be held liable for any loss relating to Chooose services.

1. Definitions

The term “Chooose” refers to Chooose AS and its affiliates. The term “Customer” or similar references to the party using the Chooose services refers to you and/or the person using the Chooose services.

The term “Ledger” refers to a system for internal accounting and tracking of SAF environmental attributes that includes allocation of scope 3 attributes.

The term “Registry” refers to an external system in which Climate Products and their usage are registered and tracked.

The term “SAF Registry” specifically refers to an external system in which SAF environmental attributes (linked to specific SAF quantities) are registered and tracked through a chain of custody.

2. Chooose Service

When using Chooose services we grant you limited, exclusive, non-transferable virtual Climate Products. The virtual Climate Products will always correspond to actual Climate Products acquired, or otherwise controlled, by Chooose that will be made unavailable for all third parties deleted from the relevant Carbon Unit market or otherwise be made unavailable for third parties. Except for the foregoing limited service, no right, title or interest shall be transferred to you. We continually update the Chooose service, including seeking to minimize cost per actual and virtual Carbon Unit. 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 virtual Climate Products acquired by the users or the actual Climate Products acquired by Chooose. You agree to use the Chooose 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 GTCs) content and information contained on or obtained from or through the Chooose service, unless approved in writing by Chooose. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content in the Chooose service; or manipulate the content of the Chooose service in any way. We may terminate or restrict your use of our service if you violate these GTCs or are engaged in illegal or fraudulent use of the service. Unless specifically stated by Chooose, the origin of the actual Climate Products may vary from time to time, and may be affected by a variety of factors, such as your location, and/or availability of Climate Products. Chooose reserves the right to unilaterally replace specified Climate Products with other Climate Products provided the replacement Climate Products satisfies similar criteria such as price and quality. The Chooose services strives to at all times acquire the generally accepted emission trading solutions, Climate Products or certified emission reductions as provided by regional or national states, international organizations and similar (e.g. the UN, the EU, or recognized NGOs) as applicable.

3. Special terms for Sustainable Aviation Fuel (“SAF”) Contributions

When you purchase Sustainable Aviation Fuel (SAF) contributions or attributes, a category of Climate Product,after deducting any applicable transaction fees Chooose will ensure that a volume of SAF attributes equivalent to the purchase you made are retired within the applicable Ledger or Registry within 36 months of your purchase.

This voluntary contribution does not replace any SAFl surcharge included in any ticket price if applicable.

If you purchase SAF contributions, you acknowledge and accept that the physical Sustainable Aviation Fuel may not be used for your nominated travel and can be used on any and all flights associated with the applicable sales channel within 36 months of your purchase.

In the event that Chooose is unable to acquire or otherwise deliver the services, Chooose shall have the right to refund any transactions through a full refund within 36 months of your purchasing the SAF Contribution.

4. Governing Law

These GTCs shall be governed by and construed in accordance with the laws of Norway. These terms will not limit any consumer protection rights that you may be entitled to under mandatory laws. You and Chooose agree that any dispute, claim, or controversy between you and Chooose arising in connection with or relating in any way to these Agreements or to your relationship with Chooose 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 Oslo, Norway.

5. Third-Party Applications

You may encounter third party applications (including, without limitation, websites, widgets, software, or other software utilities) ("Applications") that interact with the Chooose service. Your use of these Applications may be subject to third party terms of use or license terms.

6. Customer Support

To find more information about our service and its features or if you need assistance with your account, please visit the Chooose FAQ section on our website. In the event of any conflict between these GTCs and information provided by Chooose representatives or other portions of our website, these GTCs will prevail.

7. Survival

If any provision or provisions of these GTCs 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. Electronic Communications

We will send you necessary 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. As a Chooose customer we will also send you information about Chooose products and ongoing campaigns.

9. Warranty and disclaimer

Chooose warrants and guarantees that the Climate Products acquired will not under any circumstance be re-sold or in any other way made available to any third party. We endeavour to provide the best service we can, but you understand and agree that the Chooose 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. To the fullest extent permitted by applicable law, Chooose and all owners of the actual Climate Products or services make no representations and disclaim any warranties or conditions of satisfactory quality, merchantability, fitness for a particular purpose, or non-infringement, except for the cancellation (offset) of such Climate Products. Neither Chooose nor any owner of content warrants that the Chooose service is free of malware or other harmful components. In addition, Chooose 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 Chooose service or any hyperlinked website, or featured in any banner or other advertising. You understand and agree that Chooose 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 Chooose service. No advice or information whether oral or in writing obtained by you from Chooose shall create any warranty on behalf of Chooose in this regard.

10. Limitation

You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the Chooose service is to stop using the Chooose service. To the fullest extent permitted by law, in no event will Chooose, 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 Chooose service, third party applications, or third party application content, without regard to whether Chooose has been warned of the possibility of those damages, or (3) aggregate liability for all claims relating to the Chooose service, third party applications, or third party application content more than the amounts paid by you to Chooose and not exceeding the amount actually paid by Chooose for the Climate Products acquired on your behalf (as a virtual CO2 emission quota under the service). Nothing in the Agreements removes or limits Chooose’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence. If your use of Chooose services includes emissions calculations provided by Chooose you accept that the sources and methods applied by Chooose for calculating CO2 emission may give a different result than alternative sources and methods and that Chooose may not be held responsible for any loss or damage resulting from incorrect calculations of CO2 emissions.

If you use Chooose services, you acknowledge that the carbon project and / or SAF information presented by Chooose is based on information presented by the supplier making the Climate Products available for use by retirement from applicable Ledger or Registry. Information regarding Climate Products (including SAF) may exclusively be provided by third parties, and Chooose is under no obligation to independently verify or assess any climate-related or CO2 emission reduction benefits associated with such Climate Products. Chooose is not responsible and may not be held liable for any misinformation about any aspect of the projects and SAF associated with the transacted Climate Products.

11. Entire Agreement

Other than as stated in this section or as explicitly agreed upon in writing between you and Chooose, the Agreements constitute all the terms and conditions agreed upon between you and Chooose and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.

12. 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 Chooose or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive Chooose’s or the applicable third party beneficiary’s right to do so.

13. Assignment

Chooose may assign the Agreements or any part of them, and Chooose 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.

14. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify and hold Chooose 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 Chooose Service; and (3) your violation of any law or the rights of a third party.

15. Payment and refunds

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. Except as otherwise stated herein, we do not provide refunds or credits for any purchase. When purchasing Climate Products through Chooose, you consent to get access to Chooose services immediately.

16. Privacy

When using Chooose services and becoming a Customer, Chooose will process your personal data in accordance with the Chooose Privacy Policy.

17. Contact

If you have any questions concerning the Chooose service or the Agreements, please contact Chooose by visiting our website and follow the instructions contained therein: https://www.chooose.today