Notice: Per State of California Legislation AB1305, entities residing in California are temporarily prohibited from buying Carbon Credits via this website. Instead, please email your purchase inquiry to: sales.northamerica@southpole.com.
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Terms of Use

Use Of Webshop

1. Introduction, Purpose and Acceptance of the Terms of Use

  • 1.1. South Pole Carbon Asset Management Ltd (“South Pole” “we”, “us”, or “our”), itself or through its Affiliates, hosts a marketplace website with URL shop.southpole.com (the “Webshop”), which provides a venue for you to find, learn about, and purchase Certificates from selected Projects located around the world.

  • 1.2. By accessing, browsing and/or using the Webshop, you are deemed to accept these terms and conditions of use of the Webshop (the “Terms of Use ”). You agree that the Terms of Use are fully binding on you from the date and time on which you accessed the Webshop. You will be required to re-confirm your acceptance of these Terms of Use in order to proceed with a purchase of Certificates.

  • 1.3. Any new features or tools which are added to the Webshop shall also be subject to these Terms of Use. We may revise these Terms of Use from time to time by posting the revised version on the Webshop. If you continue to use the Webshop following the publication of the revised version of the Terms of Use, then you will be deemed to have accepted such revision which will supersede this version in its entirety. These Terms of Use were last updated on the date at the bottom of this document.

2. Purchasing Certificates on the Webshop

  • When you buy Contracted Certificates on the Webshop, you are supporting the Project of your choice in its stated objective. By making this purchase, you represent, agree and understand that:

  • 2.1. You have read the Project listing, including the Project description, before making a purchase;

  • 2.2. You have read and understood the Terms of Sale applicable to the sale and purchase of the Certificates prior to your Purchase;

  • 2.3. South Pole will retire or cancel the Contracted Certificates in the Registry in accordance with the Retirement Schedule, as per the Terms of Sale;

  • 2.4. Contracted Certificates will be retired or cancelled by South Pole, so that they cannot be recirculated or resold. They are therefore non-refundable;

  • 2.5. We reserve the right to limit the sales of Certificates to any person, geographic region or jurisdiction.

3. Price and payment terms

  • 3.1. Prices for Certificates are subject to change without notice. We reserve the right at any time to modify or discontinue the availability of Certificates and/or the Webshop (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of Certificates and/or the Webshop.

  • 3.2. The prices for Certificates may be denominated in different currencies, which you may select from the options provided. Payments must be made in the Relevant Currency.

  • 3.3. The available payment methods will be specified for your selection when finalising your order. The current available payment methods are:

    • 3.3.1. Store Credit - this is ‘running a tab’ of orders, as further described in clause 3.5.

    • 3.3.2. Debit / Credit card - processed by a third party payment services provider, such as Stripe;

    • 3.3.3. Bank transfer - direct electronic funds transfer from your bank account to an account specified on the invoice we issue to you for the purchase of Contracted Certificates.

  • 3.4. We offer payment through a third party payment services provider, for example, Stripe. You acknowledge and agree that we have no control over the actions of the third party provider, and your use of the third party payment method may be subject to additional terms and conditions imposed by such third party provider. Your payment obligation to us is satisfied on our receipt of the Total Amount from the service provider. You agree to not hold us liable for any action taken by the third party payment service provider. We do not store any credit card details, and all payment information is collected and stored through our third party payment processor.

  • 3.5. In the event you are using Store Credits to complete the Purchase, you will be required to create a User Account. You may select the “Add to my monthly invoice” payment method. This means you may place orders and add the cost thereof to a consolidated invoice for all orders placed in a calendar month, that will be sent to you at the end of the relevant calendar month. The total consolidated amount can be paid for at a later date. This payment option allows you to consolidate orders in order to make one large payment for several orders rather than one payment per order. Instead of receiving an invoice every time you place a new order, the shop deducts the total order value from your allowance with every new order. Upon confirming your order, you still receive an order confirmation by email with a certificate to show that the order has been correctly received on our end. At the end of the allowance period (last day of every month), we will send you a payment reminder email with a consolidated invoice attached. It includes the details of all the orders that you have placed so that you can settle it all in a single payment. Your payment obligation to us is satisfied on our receipt of the consolidated Total Amount for all the Orders.

  • 3.6. Payments must reflect in South Pole’s relevant bank account before the Contracted Certificates can be retired or cancelled.

4. Privacy and data protection

  • 4.1. South Pole takes the protection of Personal Data very seriously. South Pole is committed to protecting your privacy and providing a safe online experience.

  • 4.2. We may collect data such as your name, phone number, email address, address, employer, user type, postal code, city, country, IP address, browser type, visiting date and time, transaction history, and other details in order to, amongst other things:

    • 4.2.1. facilitate the sale of Contracted Certificates to you;

    • 4.2.2. respond to any queries you send us via email;

    • 4.2.3. improve our Webshop service offering;

    • 4.2.4. perform visiting statistics and analytics on Webshop usage;

    • 4.2.5. perform internal record keeping, invoicing, and billing;

    • 4.2.6. detect and prevent acts that endanger cybersecurity; and/or

    • 4.2.7. to comply with our legal obligations or if otherwise required or authorised by law.

  • 4.3. Any Personal Data received by South Pole under these Terms of Use will be handled in accordance with our Privacy Policy. By using the Webshop, you consent to the collection, storage, use, and disclosure of your personal information as described in our Privacy Policy.

  • 4.4. You acknowledge that South Pole 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.

  • 4.5. It is your responsibility to keep the login details of your User Account safe and to ensure that all details provided in your User Account are accurate, complete, and up-to-date.

5. Authorised and Prohibited Use

  • 5.1. You are authorised to use the Webshop for the purpose of browsing, assessing, or executing a purchase of Certificates, or creating a User Account for this purpose (Authorised Use).

  • 5.2. In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the Webshop or its content:

    • 5.2.1. for any unlawful purpose;

    • 5.2.2. to solicit others to perform or participate in any unlawful acts;

    • 5.2.3. to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances;

    • 5.2.4. to infringe upon or violate our Intellectual Property Rights or the Intellectual Property Rights of others;

    • 5.2.5. to reverse engineer, decompile, distribute, license, sell, resell, exploit, transfer, disassemble, copy, alter, modify, or create derivative works of our Intellectual Property Rights or the Webshop, or otherwise use our Webshop in any way that violates the use restrictions contained in these Terms of Use;

    • 5.2.6. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

    • 5.2.7. to submit false or misleading information;

    • 5.2.8. to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Webshop or of any related website, other websites, or the internet;

    • 5.2.9. to collect or track the personal information of others;

    • 5.2.10. to spam, phish, pharm, pretext, spider, crawl, or scrape;

    • 5.2.11. to interfere with or circumvent the security features of the Webshop or any related website, other websites. We reserve the right to terminate your use of the Webshop or any related website for violating any of the prohibited uses or the Terms of Use.

6. Intellectual Property

  • 6.1. We (and/or our licensors) own all proprietary and Intellectual Property Rights in the Webshop (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos, and look and feel), and all underlying systems including any software, data, or material that underlies or is connected to the Webshop.

  • 6.2. We hereby grant you a non-transferable, non-sublicensable, revocable, non-exclusive, worldwide, royalty-free licence to use our Intellectual Property Rights solely for the purpose contemplated in clause 5.1 of these Terms of Use. We reserve the right to terminate this licence at any time for any reason, including but not limited to a breach of these Terms of Use. This licence will automatically terminate if these Terms of Use are terminated for any reason.

  • 6.3. You agree that South Pole has the right to take action against you if you misuse or misappropriate our Intellectual Property Rights in any way that is not permitted by these Terms of Use. Such action may include, but is not limited to, terminating your use of the Webshop 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 legal@southpole.com.

  • 6.4. You retain all right, title, and interest in and to all graphics, images, files, data, and other information transmitted by you to us in connection with your use of the Webshop. You warrant and represent to us that all graphics, images, files, data, and other information transmitted by you to us shall: (i) be error-free; (ii) not violate any third party’s Intellectual Property Rights or any applicable law.

  • 6.5. You hereby grant to us a permanent, transferable, sub-licensable worldwide, royalty-free, non-exclusive licence to use:

    • 6.5.1. data generated as a result of your use of the Webshop for the purposes contemplated in clause 5.2;

    • 6.5.2. non-identifiable, anonymous, aggregated data regarding your use of the Webshop, compiled by us;

    • 6.5.3. your corporate and/or trade name, for purposes of marketing our products and services to third parties.

7. Termination

  • 7.1. These Terms of Use are effective, as an agreement between you and us, from the moment of Authorised Use and shall endure until: (i) the Terms of Use are terminated by us; or (ii) the Terms of Use are superseded by a revised version, whichever comes first. You will be required to re-confirm your acceptance of the latest version of these Terms of Use prior to making a purchase of Certificates. The termination of the Terms of Use shall not affect any accrued rights that we may have against you.

  • 7.2. South Pole may restrict your access to the Webshop for future purchases of Certificates and may take legal action against you under applicable law if you commit any fraudulent actions or breach any obligation or restriction under these Terms of Use.

8. Warranties and Limitations of Liability

8.1. Warranties

  • 8.1.1. You represent and warrant to South Pole that:

    • 8.1.1.1. You are at least eighteen (18) years old and have the legal capacity to enter into these Terms of Use.

    • 8.1.1.2. All information you provide to South Pole is true, accurate, complete, and up-to-date.

    • 8.1.1.3. You have all necessary authorizations, approvals, consents, licenses, permits, and rights to perform your obligations under these Terms of Use and will comply with all applicable laws and linked terms, conditions, policies, and guidelines.

  • 8.1.2. You also agree, accept, understand, and acknowledge:

    • 8.1.2.1. The Webshop is provided on an “as-is”, “as-available” basis, without any express, implied, or statutory warranties, including, without limitation, warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Webshop or its content will be uninterrupted, reliable, error-free, complete, or free from harmful code.

    • 8.1.2.2. The Webshop may experience scheduled or unscheduled downtime, including maintenance or issues beyond our control. We are not obligated to notify you of downtime or restore access promptly.

    • 8.1.2.3. You use the Webshop at your own risk, understanding the risks involved, including those related to purchasing Certificates.

    • 8.1.2.4. No information on the Webshop or provided by us should be considered legal, tax, or professional advice.

    • 8.1.2.5. South Pole does not guarantee the availability of Certificates, nor the reliability, qualifications, or capability of any Project Developer, Project Participant, VVB, or other involved parties, nor the accuracy of information from third parties.

    • 8.1.2.6. South Pole disclaims all liability as permitted by law with respect to clause 8.1.2.

8.2. Liability

  • 8.2.1. Except as otherwise provided in these Terms of Use, to the extent allowed by law, we shall not be liable to you or any third party for:

    • 8.2.1.1. Lost revenues, profits, business, or any incidental, indirect, exemplary, consequential, special, or punitive damages.

    • 8.2.1.2. Cost of procuring substitute goods, technology, or services.

    • 8.2.1.3. Linked websites or their contents, operations, products, or operators, which do not imply our endorsement or responsibility.

    • 8.2.1.4. Unauthorized or prohibited use of the Webshop by you or third parties.

    • 8.2.1.5. Any matter explicitly disclaimed under these Terms of Use.

  • 8.2.2. Subject to clause 8.2.1, and as permitted by law, our total liability for all damages arising out of or related to these Terms of Use shall not exceed EUR 1000. Liability related specifically to the sale and purchase of Contracted Certificates shall adhere to the limitation provisions of the Terms of Sale.

9. Indemnification

  • To the extent allowed by law, you will defend, and indemnify and hold South Pole 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: (i) any allegation or pending third party legal proceeding arising from the use of the Webshop; (ii) any misrepresentation or breach of any representation, warranty, obligation, or covenant by you of these Terms of Use; (iii) any other violation by you of these Terms of Use; or (iv) any act of negligence, fraud, willful misconduct, errors or omissions committed by you or any other third party. In such instances, South Pole further reserves the right to independently handle all legal defence responsibilities in our sole discretion, and you further agree to cooperate with us so we can execute our legal strategy..

10. Notices

  • 10.1. When we refer to "in writing" in these Terms, this includes email.

  • 10.2. Any notice given under or in connection with the Terms of Use must be in writing. Notices may be delivered by hand, sent by pre-paid first-class post or other next working day delivery service, or by email.

  • 10.3. A notice is deemed to have been received:

    • 10.3.1. if delivered by hand, at the time it is left at the appropriate address;

    • 10.3.2. if sent by pre-paid first-class post or other next working day delivery service, at 9:00 am on the second working day after posting; or

    • 10.3.3. if sent by email, at 9:00 am on the next working day after transmission.

  • 10.4. To prove service of any notice, it is sufficient to prove that the letter was properly addressed, stamped, and posted, or in the case of email, that it was sent to the specified email address of the addressee.

  • 10.5. The provisions of this clause do not apply to the service of any proceedings or documents in legal actions.

  • 10.6. You agree that we may use your billing or email address, as provided, for notices delivered to you under these Terms of Use. You may provide notices to us via email at legal@southpole.com.

11. General

  • 11.1. Assignment and transfer

    • 11.1.1. We may assign, novate, or transfer our rights and/or subcontract our obligations under the Terms of Use to another entity (which may include our Affiliates) and will notify you in writing or by posting on this webpage if this occurs.

    • 11.1.2. You may not assign, novate, or transfer your rights or obligations under the Terms of Use to another person.

  • 11.2. Variation. Any variation of the Terms of Use is only effective if it is in writing and signed by both you and us (or our respective authorized representatives).

  • 11.3. Waiver. If we do not exercise or delay in exercising our rights or remedies against you, it does not mean we have waived our rights or remedies. Any waiver will only be in writing and does not imply a waiver of any future rights or remedies.

  • 11.4. Severance. Each clause of the Terms of Use operates separately. If a court or relevant authority decides any clause is unlawful or unenforceable, the remaining clauses will remain in full force and effect.

  • 11.5. Third-party rights. The Terms of Use are between you and us. No other person has rights to enforce any of its terms, except our Affiliates, who are intended third-party beneficiaries and may enforce its terms.

  • 11.6. Governing law and jurisdiction. The Terms of Use are governed by the laws of England and Wales. You and we each irrevocably agree to submit all disputes arising out of or in connection with the Terms of Use to the exclusive jurisdiction of the courts of England and Wales. We may suspend your access to the Webshop pending dispute resolution.

  • 11.7. Entire Agreement. The Terms of Use constitute the entire agreement between you and us regarding the Webshop, except for the sale and purchase of Contracted Certificates, which are governed by the Terms of Sale.

  • 11.8. Survival. Clauses 4, 5, 6, 8, 9, 10, 11, and 12 will survive the termination of these Terms of Use.

12. Definitions

Capitalized terms, unless defined below, shall have the meaning defined in the Terms of Use:

  • 12.1. “Affiliates” – Any entity that now or in the future directly or indirectly controls, is controlled by, or is under common control with South Pole. “Control” means owning fifty percent (50%) or more of the interest in said entity, or the power to direct its management.

  • 12.2. “Business Day” – Any day (excluding Saturday, Sunday, and public holidays) on which ordinary banks are open for their full range of business in London, England.

  • 12.3. “Carbon Certificate” – A unit representing the achievement of a GHG emission reduction or removal of one (1) metric tonne of CO2 equivalent, verified by a validation/verification body as per its rules.

  • 12.4. “Contracted Certificate” – As defined under the Terms of Sale.

  • 12.5. “Certificate” – A Carbon Certificate or a Renewable Energy Certificate, as applicable.

  • 12.6. “Intellectual Property Rights” – Includes trademarks, patents, designs, service marks, trade names, copyrights, know-how, company names, trade secrets, domain names, IP addresses, rights in confidential information, goodwill, and other intellectual property rights, whether registered or not, worldwide.

  • 12.7. “Personal Data” – As defined under applicable data protection laws.

  • 12.8. “Privacy Policy” – The South Pole Privacy Policy, as may be amended from time to time.

  • 12.9. “Project” – Projects that generate Certificates, as displayed in the Webshop.

  • 12.10. “Project Developer” – The lead individual or entity involved in the development of a Project.

  • 12.11. “Project Participant” – A supporting individual or entity involved in the development of a Project.

  • 12.12. “Registry” – A standardized electronic database that, among other functions, records Carbon Certificates or Renewable Energy Certificates and facilitates their issuance, holding, transfer, and cancellation or retirement.

  • 12.13. “Renewable Energy Certificate (“REC”)” – A certificate for the environmental and non-power attributes of renewable electricity generation, including I-RECs. One REC equals one Megawatt-Hour unless specified otherwise.

  • 12.14. “Terms of Use” – These terms and conditions for Webshop use, as may be amended from time to time.

  • 12.15. “Terms of Sale” – The terms and conditions for purchasing and selling Contracted Certificates, as may be amended from time to time.

  • 12.16. “User Account” – An electronic account created by a user on the Webshop for purchasing Certificates.

  • 12.17. “VVB” – Validation and verification bodies that Project Developers or Project Proponents use to audit/verify Projects through the certification process.

  • 12.18. “Webshop” – As defined in Clause 1.