By this private instrument of adhesion, I acknowledge that, upon expressing the electronic acceptance hereby, I am, in the capacity of User (Tourism Agent or Agency), adhering to and accepting all terms and general conditions of use and all other policies and principles governing the application CO2 Travel Footprint, of neutralization of greenhouse effect gasses emissions resulting of air sections, stays and renting of motor vehicles, using the Internet technology provided by the company CO2ZERO Intermediação e Gestão de Créditos de Carbono Ltda. , hereinafter referred to as “Personal CO2”, registered with the National Directory of Legal Entities (CNPJ) under No. 11.149.402/0001-79, headquartered in the City of São Paulo, State of São Paulo at Avenida Paulista, 37 – 4º andar – Bela Vista – CEP 01311-000 – SP, exclusive holder of the rights under the brands CO2 Travel Footprint, Personal CO2 Zero.com and Climate Best Friends, provides
the Users in general, being said website support (www.co2travelfootprint.com) and application available at the platform RedSabre Travel Networks hereinafter referred to as “SYSTEM”, as follows:
THE ACCEPTANCE OF THESE TERMS AND GENERAL CONDITIONS OF USE IS INDISPENSABLE TO THE USE OF THE SYSTEM AND ITS SERVICES. NO USE OF THE SYSTEM SHALL BE CANCELLED BY AN ALLEGATION OF LACK OF KNOWLEDGE OF THE TERMS AND CONDITIONS OF USE OR OF THE PRIVACY POLICY. IN CASE OF DOUBT, CLARIFICATIONS PREVIOUS TO THE USE OPERATION MAY BE OBTAINED THROUGH THE SERVICE OF PERSONAL CO2.
TERMS AND GENERAL CONDITIONS OF USE
1.1. The purpose of this instrument consists in setting forth the policy and regulations of USERS access to the SYSTEM (website and application) for hiring services of neutralization of greenhouse effect gasses emissions resulting of sections flown, stays and renting of motor vehicles, to CLIENTS, electronically intermediated by PERSONAL CO2, through the software APPLICATION CO2 Travel Footprint, which operates in the platform Sabre Travel Networks.
1.2. For purposes hereof, one shall understand as:
(i) “USER”: Any user of the SYSTEM, being a tourism agent or agency, which correctly fills-out the APPLICATION registration form and creates a Paypal account;
(ii) “APPLICATION”: software app offered by PERSONAL CO2 with free download, from the platform Red Sabre Travel Networks, which allows the User to fill-out the registration correctly and offer to its CLIENTS the possibility of neutralizing sections flown, stays and renting of motor vehicles;
(iii) “CLIENTS”: Any client, individual or legal entity, requesting the issuance of a pass, reservation of a daily stay or renting of a motor vehicle and demonstrating to the USER, user of the platform Red Sabre Travel Networks, correctly registered, an interest in neutralizing the gasses of greenhouse effect resulting of sections to be flown, stays and/or renting of motor vehicles through the projects available in the APPLICATION.
1.3. The APPLICATION has the purpose of offering the hiring of services of neutralization of greenhouse effect gasses emission. Through the SYSTEM, entirely for free, the USERS may download the APPLICATION, register in the SYSTEM and, through the information provided by the APPLICATION, offer services of neutralization to CLIENTS, in addition to accessing reports and values of commissions receivable resulting from the offer of the services.
1.4. The SYSTEM may be accessed by individuals or legal entities, national or foreign. Regarding individuals, in order to hire services of PERSONAL CO2, the USER may be eighteen (18) years old or older. Hereby, the USER, under the penalties of the law, states not to fit into any hypothesis preventing, legally or contractually, their registration in the SYSTEM.
2.1. For use of the services provided by PERSONAL CO2 (hereinafter referred to, simply, as “services”), the USER must download the APPLICATION CO2 Travel Footprint in the SYSTEM, providing their data for registration, being essential, for such, to fill-out all fields completely, clearly and accurately (name/country/e-mail/password/PCC), as well as the registration of logo image of the tourism agency in *.png extension.
2.2. If an inconsistency or any pendency is verified on data informed by the User, the Registration of the applicant shall be disregarded by the SYSTEM, and, if preferred, the PERSONAL CO2 Service Central may contact by e-mail and other means of communication existing or that may be available in the future, to seek the clarifications applicable, or, if preferred, take the facts to the knowledge of the competent authorities to take the providences applicable to the species.
2.3. Upon registering, the User shall indicate a login (e-mail) for their identification in the SYSTEM, as well as one personal and non-transferable password. The User’s password is, therefore, the safety key allowing access to certain areas of the SYSTEM. Therefore, the User shall be the single responsible for operations made in their account, which can only be accessed through login and non-transferable personal password. Only through that login and password, the User may use the services in the SYSTEM.
2.4. The login to be registered by the User for access to the SYSTEM cannot be similar to the name PERSONAL CO2 or CO2 TRAVEL FOOTPRINT, as well as it cannot be considered offensive, obscene, vulgar, aggressive, prejudiced, threatening, containing confidential data of the USER or that may confuse the other users in prejudice of the good functioning of the SYSTEM; in such hypotheses, the USER may suffer, in addition to the legal sanctions, the immediate cancellation of all data of their registration without previous notice, as penalty.
2.5. The USER shall be the single responsible for keeping the password, and undertakes not to disclose it to third parties. In case of unauthorized use of their password, the USER must send, immediately, an e-mail to the PERSONAL CO2 Service Central communicating the fact.
2.6. Should the USER disclose, even though accidentally, or lend their password to a third party, the USER shall respond jointly for all acts practiced thereby on the user's behalf. Only through that password, the USER may begin using the services.
2.7. After registration validation, the USER shall be released to use the SYSTEM within twentyfour (24) hours.
2.8. Should the USER, upon attempting to access the SYSTEM, mistype their personal password three (3) times, they shall automatically be blocked for safety reasons. In that case, the USER may, through the SYSTEM, use the unblock option, and, if they are not successful, they shall contact the PERSONAL CO2 Service Central by e-mail to regulate their status.
2.9. IT IS HIGHLIGHTED THAT THE USER (TOURISM AGENT OR AGENCY) REGISTERED, FROM NOW, EXPRESSLY AUTHORIZES THE VERIFICATION OF THEIR DATA WITH THE COMPETENT AGENCIES, INCLUDING TRACKING OF THEIR IP ADDRESS AND/OR OTHER DIGITAL CONTROL MEANS, WITH THE SOLE AND SPECIFIC PURPOSE OF ALLOWING GREATER SYSTEM SECURITY AND RELIABILITY.
2.10. For USER safety, their login, password and data shall be transmitted encrypted (SSL - Secure Socket Layer Security Certificate). All personal data or information provided by the User shall be stored in servers with high security magnetic means. PERSONAL CO2 shall take all measures possible to maintain the confidentiality and safety described herein, however, it shall not respond for losses that may result of the breach of such measures by third parties using the public networks or the Internet, subverting the security systems to access USERS' information.
2.11. PERSONAL CO2 advisers SYSTEM USERS to be careful whenever they are logged on, for personal information may become accessible to unauthorized third parties. PERSONAL CO2’s hosting server protects your personal information stored, but PERSONAL CO2 cannot guarantee the safety of any information during traffic through the Web.
2.12. PERSONAL CO2 advises USERS to maintain their antivirus software up-to-date and to use a firewall, considerably reducing the chances of having their data intercepted by ill-intentioned software. PERSONAL CO2 takes no responsibility for undue use by third parties of personal data of the USERS, obtained through the use of fraud, simulations and breaches of systems.
2.13. Without prejudice of other measures, PERSONAL CO2 may suspend or cancel, temporarily or definitively, the registration of a User, at any time, and begin the legal actions in the following cases: a) Should the USER not fulfill any provision provided for in the general terms and conditions; b) Should the USER practice fraudulent or willful harmful acts; c) Should PERSONAL CO2 consider that the attitudes of the User are causing any harm to third parties or to PERSONAL CO2 itself, or may potentially do so. In the cases above, PERSONAL CO2 shall be entitled to immediately cancel their registration, as a penalty, without prejudice of bringing legal measures applicable to seek the reparation for material and moral harms due.
3.1. In order for the service to be performed, the USER must:
(a) Download and install the APPLICATION CO2 Travel Footprint in their operational data system, from the platform RedSabre Travel Networks or from the link at the website www.co2travelfootprint.com;
(b) Register in the SYSTEM, as indicated above, including the payment service accredited, if they wish to receive the amount relative to the commissions;
(c) Activate the APPLICATION CO2 Travel Footprint in their reservations system to be able to, in real time, register CLIENTS, inform emissions of greenhouse effect gasses, in equivalent CO2, resulting of air section, stays and renting of motor vehicles, in addition to accessing the emissions neutralization services offered by PERSONAL CO2;
(d) Register CLIENT data, being essential, for such, to fill-out all fields completely, clearly and accurately (full name and e-mail address);
(e) Communicate in a clear manner to the CLIENT, upon hiring the services, that such neutralization operation through the APPLICATION CO2 Travel Footprint cannot be cancelled; (f) Include in the APPLICATION CO2 Travel Footprint, supplementary data of the CLIENT for payment of the services electronically hired, especially credit card data, such as: Flagship, name as printed on the card, security code, expiration and billing address. It should be clarified that the CLIENT shall receive the neutralization certificate electronically, according to the information registered by the USER in the APPLICATION.
(g) Acknowledge and agree that PERSONAL CO2 shall use the logo registered by the USER in the SYSTEM in the design of the emissions neutralization certificate to be forwarded to the CLIENT after payment confirmation by the service accredited in the APPLICATION;
(h) Login the extranet of website www.co2travelfootprint.com to access the detailed reports on quantities and types of services transacted, as well as values related to the commissions for intermediation of the sale of neutralization services of PERSONAL CO2 that the USER is entitled to receive through the accredited payment service;
3.2. PERSONAL CO2 recommends that all transactions are performed with care and common sense, and the business transaction risks must be considered.
3.3. PERSONAL CO2 does not guarantee constant and continuous availability of their SYSTEM, which may be affected by acts of god or force majeure.
4.1. Guarantee to the privacy of USERS information in the SYSTEM is a commitment of PERSONAL CO2.
4.2. PERSONAL CO2 shall supply the information on quantities and types of services transacted, as well as the values related to commissions for intermediation of the sale of neutralization services of PERSONAL CO2 each USER is entitled to receive through the payment service accredited, and shall provide such USERS information to the Provider of the Payment Service accredited, which is expressly authorized by the USERS, once this is the only payment option of commissions for transactions intermediation.
4.3. PERSONAL CO2 shall not supply information of the USER (Tourism Agent or Agency) to third parties without the USER’s previous authorization, except in cases wherein it is necessary to reply to requests or questions of governmental agencies, or in cases wherein, in good faith, PERSONAL CO2 understands that its disclosure is necessary with the purpose of answering to complains that the submitted content inflicts rights of third parties or that is necessary for the protection of rights, properties and/or safety of the services rendering platform (SYSTEM), of their USERS and/or general audience.
4.4. Information assigned by the USER and registered due to the use of the SYSTEM (except for the content of personal messages) may be used by PERSONAL CO2 as inputs for the mapping of market information and formation of statistics of PERSONAL CO2 that may be assigned in the form of reports for aviation and hotel companies, motor vehicles rental companies and corporate clients.
4.5. Additional information collected by PERSONAL CO2 through the browsing analysis of each USER, and which does not identify the USER personally, are exclusive property of PERSONAL CO2, which may use such information as it best deems appropriate. In addition to that, information supplied is used to: (i) Administer the USERS accounts so as to customize the services intermediated by PERSONAL CO2 even more; and (ii) Communicate novelties and updates to the SYSTEM.
4.6. USERS information collection shall also be carried out through cookies (a small group of data exchanged between the USER’s computer and the SYSTEM’s server). The use of cookies shall serve solely to store information of USER identification with the SYSTEM and for purposes of PERSONAL CO2 internal analysis , and any form of marketing or unauthorized sharing of information obtained through cookies is void. Cookies, however, may be used to locate the USER which, by any reason, performs any act harmful to PERSONAL CO2 or to third parties.
4.7. In addition to personal information supplied, PERSONAL CO2 is capable of collecting other technical information, such as Internet Protocol address of the user, their computer’s operational system, type of browser and reference websites addresses.
4.8. PERSONAL CO2 may use cookies, web beacons (web bugs) or a similar technology to improve and customize the USERS’ experience upon accessing the SYSTEM and using its tools, including, but not limited to, maintaining the control of certain information added to the USER when the USER accesses the SYSTEM and uses its tools, operating and improving the SYSTEM, helping identifying when the USER is using the SYSTEM, remembering their preferences and registration information, presenting and helping measuring and researching SYSTEM's effectiveness and customizing the content supplied to the USER through the SYSTEM.
4.9. The USER may setup their system to accept all cookies, reject all cookies or to warn whenever a cookie is defined. However, should the USER reject all cookies, the USER may not be capable of using some SYSTEM tools, and PERSONAL CO2 shall not be held responsible for that.
4.10. Registration data of USERS cancelling or having their account cancelled shall remain in PERSONAL CO2’s databases, which may, at its criteria, use such data as described herein, for a reasonable term, without exceeding the legal requirements or limitations, to settle any disputes, solve problems and guaranteeing the rights of PERSONAL CO2.
4.11. The USER authorizes PERSONAL CO2 to establish a communication with them through email, telephone, notice (instant message) and other electronic media known or that may be available in the future.
4.12. Through registration, use and supply of information to PERSONAL CO2, the USER deliberately accepts this Term and the conditions provided for in the Privacy Policy on the use of their information.
5.1. The USER which desires to close/terminate this agreement with PERSONAL CO2 may do so at any time, through an express communication, by e-mail or mail.
5.2. In the hypothesis of confirmation of inappropriate performance or omission by the USER in the offer of the neutralization services of the APPLICATION Personal CO2 to the CLIENT; the breach of any clause or provision of the Terms and Conditions of the agreement herein celebrated by the USER or; whenever the USER acts in a way demonstrating that they do not intend to, or importing in strong indications that they cannot, fulfill such provisions, PERSONAL CO2 may, at any time, without previous notice, close/terminate this agreement for all legal purposes, subjecting the breaching USER to the payment of material and moral losses and harms they give rise to, as penalty, suffered by PERSONAL CO2 or third parties.
5.3. Even though the CLIENT may cancel any reservation without justification, the neutralization once executed through the APPLICATION cannot be cancelled by the USER, which shall communicate such exception to the CLIENT upon the hiring of the neutralization services of PERSONAL CO2 through the APPLICATION CO2 Travel Footprint.
6.1. This instrument shall be effective for an undetermined term, and may, at the criteria of PERSONAL CO2, be amended, at any time, aiming at improving the services provided. The new Terms and Conditions shall become effective on the day following the publication in the SYSTEM. However, the User, upon accessing the SYSTEM, shall receive the new version of the Terms and General Conditions with an acceptance request, and should they not agree with the terms amended, the contractual bind shall cease existing, provided that there are no pendencies.
6.2. Amendments made hereto by PERSONAL CO2 shall not be effective upon the services and announcements already initiated when said amendments are published. For them, the Terms and General Conditions of Use shall be valid with the previous wording.
6.3. For all matters related to interpretation and fulfillment hereof, the parties submit to the Court of the City of São Paulo/SP. This agreement is duly registered with the Documents and Titles Registration Office of the Judicial District of São Paulo.
In case of doubts or complaints, the USERS of the SYSTEM may present them through the Talk to Us link, which may be found at http://www.co2travelfootprint.com
CO2ZERO INTERMEDIAÇÃO E GESTÃO DE CRÉDITOS DE CARBONO LTDA.
Registered with the National Directory of Legal Entities (CNPJ/MF) under No. 11.149.402/000179