Online payment terms and conditions

This online payment facility is provided by Eco-Friendly Web Alliance (EFWA) Ltd is incorporated in England and Wales. Company Number: No. 13749776.

Through this website you may gain access to the commercial services of Eco-Friendly Web Alliance (EFWA) Ltd hereinafter referred to as EFWA. In addition to these Terms and Conditions, the provision of such services will be governed by such additional terms and conditions as you may be made aware at the time of ordering.

a) The registered office of EFWA is at 40, Bowling Green Lane, London EC1R 0NE, United Kingdom, registered Company No. 13749776.

b) Please read these Terms carefully before using the online payment facility.

c) By using the EFWA online payment facility you are indicating that you are agreeing to be bound by these Terms. If you do not accept these Terms please do not use our online payment facility.  

d) These Terms apply to the following types of online card transactions for payments of eco-friendly website accreditation fee, climate-positive website accreditation fee and/or eco-optimisation service and for any carbon sequestration services such as reforestation through third parties where their terms & conditions apply.

e) EFWA accreditation, yearly renewals and training workshops in which case you will be contracting with EFWA.

f) EFWA may change these Terms from time to time without notice. Each transaction shall be subject to the specific terms and conditions that were in place at the time of the transaction. Changes will apply to any subsequent transactions with EFWA. All payments using the online payment facility are subject to the following conditions.

g) We reserve the right to refuse the accreditation or other services, for any ethical and legitimate reasons.

h) By using our Services, you’re agreeing that you’ve received these Terms and Conditions in a way that you can understand clearly; you accept the most recent version fully; you’re committed to paying for the Services you purchase; and you understand that by accepting the T&Cs a Contract is formed.

i) We like to stay relevant, so these Terms and Conditions may change sometime in the future. But the version that applies to you is the one available on the website at the time you make your purchase. If you don’t agree with and accept the most recent Terms and Conditions, you’ll have to stop using our Services.

j) By accepting these Terms and Conditions, you’re agreeing that there’s no partnership, employment or agency relationship between us. Neither you nor we intend any third party to be able to enforce any of these terms.

Currency

1. All fees quoted are in UK Pound Sterling (GBP). Any currency conversion costs, or other charges or costs incurred by you when making a payment or in processing a refund, shall be borne by you and shall not be deducted from any fees owed to EFWA.

Online payment

2. All purchases are executed by our third-party payment services provider under their terms of service which will be made accessible to you prior to every purchase.

3. The payment methods available from our third-party payment services provider will be indicated at the time of purchase.

4. EFWA does not store any of your payment card details ourselves.

5. If your payment is successful, you will receive a confirmation notice of your completed payment. If unsuccessful, you will be advised that your payment has failed. EFWA will not be advise as to why a payment has failed; therefore, you should contact your card provider for details.

6. If your card supplier declines payment, EFWA is under no obligation to bring this fact to your attention. You should check with your bank/credit/debit card supplier that payment has been deducted from your account.

Liability

7. You’ll be financially liable for all purchases made with us through EFWA website, as well as any losses we incur if you breach the Terms and Conditions or misuse our Services. That includes situations where you deliberately allow someone else to use your account to make a purchase.

8. Upon completing a transaction, you will be presented with a confirmation screen verifying the transaction details by our third-party payment services provider. It is your responsibility to verify that all transaction information and other details are correct. EFWA cannot accept liability for payments being recorded on the wrong account if you supply inaccurate information.

9. EFWA cannot accept liability if payment is refused or declined by your credit/debit card supplier for any reason.

10. EFWA is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen. We are also not responsible for losses that you suffer that are not related to our Services.

11. EFWA takes no responsibility for and will not be liable for the online payment facility being temporarily unavailable due to technical issues beyond our control.

12. In no event will EFWA be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from your use of the online payment facility.

13. Nothing in these Terms will limit EFWA’s liability for death or personal injury caused by the EFWA’s negligence or fraud.

14. Notwithstanding the above, neither we nor you shall be liable to the other for any indirect or consequential losses whether arising from negligence or otherwise. In no event shall our liability under the Contract exceed the price paid by you to us for any Services connected with the claim.

Data

15. By using our Services, you agree to our privacy policy, which is incorporated into and forms part of these Terms and Conditions. You should be aware that your data may be transferred, processed and stored outside of your country (including, if you are located in the European Union, outside of the European Union), and that your data may be subject to disclosure as required by applicable law.

Warranties

16. You warrant that:

  • You are aged 18 or over;
  • The payment card used to make the payment is lawfully owned by you and issued in your name;
  • You have the appropriate authority to validly accept the Terms and to make the relevant payment; and
  • The information supplied by you is true and accurate.

17. EFWA may at its sole discretion do such checks as it may deem fit before processing a credit or debit card payment from the user, for security reasons. In the event that EFWA is not satisfied with the credibility of the cardholder, EFWA will have the right to reject the payment.

Data protection

18. The data that you provide during online payment transactions is securely held by EFWA under the terms of the Data Protection Act 2018 and in accordance with our privacy policy and will only be used for the purpose of recording your payment and for accounting processes. By using our online payment facility, you are agreeing to share your data with our online payment facility provider for the sole purpose of processing and administering the online payment. Your data will be treated confidentially. EFWA will not transfer or disclose your personal data to any other third party unless such disclosure is required by law or court order. Our online payment facility provider will retain some personal information so that we can access payment records in the event of queries or incomplete payment information. Any credit or debit card details given by you will not be retained in their entirety. Information will only be retained for a reasonable period and then destroyed securely.

19. EFWA does not store in any way your credit or debit card details.

20. EFWA shall not be liable for any failure by you to properly protect data from being seen on their screen by other persons during the online payment process.

Ending the contract and refunds – because of something we have done or are going to do with regards to our services.

21. If you are ending the Contract for a reason set out at 1 to 5 below the Contract will terminate immediately and we will refund you in full for payments you have made affected by this. The reasons are:

  • We have told you about an upcoming change to the services or these terms which you do not agree to (see clause ‘i’ above);
  • We have told you about an error in the price or description of the service or purchase you have ordered and you do not wish to proceed;
  • There is a risk that our ability to fulfil your service may be significantly delayed because of events outside our control;
  • We have suspended the services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 14 days; or
  • You have a legal right to end the Contract because of something we have done wrong.

Exercising your right to change your mind

22. You can cancel any purchase or your subscription up to 14 days after the order is made. You don’t need to give a reason for cancelling and we will give you a refund for that payment by the same method you used to make that payment within 14 days of you telling us you wish to cancel. This complies with your legal rights under the Consumer Rights Act 2015 and Consumer Contracts Regulations 2013. For detailed information about your legal rights, please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

23. Users must send an email to EFWA at admin@ecofriendlyweb.org an unequivocal statement of their intention to withdraw from the Contract including:

  • the date of purchase
  • the Service purchased
  • the name of the User

24. By using our Services, you’re telling us that you are not listed on any sanctions-related list of designated or blocked persons imposed, administered or enforced from time to time by the EU and implemented by its Member States, the United Nations Security Council, Her Majesty’s Treasury of the United Kingdom, the US government, including those administered by the US Treasury, Office of Foreign Assets Control, or any other relevant authorities with jurisdiction over you or us from time to time that would prohibit you from using our Services.

25. Intellectual Property. We retain all intellectual property rights (for the avoidance of doubt, including and not limited to, copyright and moral rights) in all EFWA materials. Access to our website doesn’t grant you any intellectual property rights relating to them, other than a right to use them in line with these Terms and Conditions. You can’t under any circumstance copy, represent, change, transmit, or publish any part of our website without clear written permission from us, first.

Applicable law and jurisdiction

26. Your use of this website and any dispute arising out of such use of the website is subject to the laws of England and Wales, with the exception of sections 27 through to 39 below.

Customers from the European Union

27. Indemnification – you agree to indemnify and hold EFWA, affiliates, officers, directors, agents, co-branders, partners and employees harmless from and against any claim or demand ⁠— including but not limited to lawyer’s fees and costs ⁠— made by any third party due to or in relation with any culpable use of or connection to the Services, violation of these Terms and Conditions, infringement of any third-party rights or statutory provision by the Company or its affiliates, officers, directors, agents, co-branders, partners and employees to the extent allowed by relevant applicable law.

Customers from Australia

Limitation of liability

28. Nothing in these Terms excludes, restricts or modifies any guarantee, warranty, condition, right or remedy which you may have under the Competition and Consumer Act 2010 (Cth) or any similar State and Territory legislation and which cannot be excluded, restricted or modified (non-excludable right).

29. To the fullest extent permitted by law, our liability to you, including liability for a breach of a non-excludable right and liability which is not otherwise excluded under these Terms of Use, is limited, at the Company’s sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.

Customers from the United States of America

30. By exception to the terms in this document, the following terms apply to US residents buying any service on our website.

31. Please read this contract carefully. It sets forth the legally binding terms and conditions for your use of our service, such as your grants and waivers of rights, the limitations of our liability, your indemnity of us, and arbitration of certain disputes.

32. Our site, and all contents, services included on or otherwise made available to you through our site are provided on an ‘as is’ and ‘as available’ basis. We make no representations or warranties of any kind, express or implied, as to the operation of our site or the contents or services included on or otherwise made available to you through our site, unless otherwise specified in writing. We do not warrant that your use of our site will be uninterrupted or error free, or that our site or its server are free of viruses or other harmful elements. You expressly agree, by your use of our site, that your use of our site is at your sole risk, and that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of our site.

33. To the fullest extent permissible by applicable law, we and our affiliates disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. To the fullest extent permissible by applicable law, we and our affiliates shall not be liable for damages, claim, injury or liability arising from or related to your use of, or inability to use, our site, or from any information, content, materials, products if any (including software where applicable) or services included on, or otherwise made available to you through, our site, including, but not limited to, direct or indirect lost profits or lost business damages, indirect, incidental, punitive and consequential damages. To the fullest extent permissible by applicable law, you agree to indemnify, defend and hold us, our affiliates, officers, directors, employees and agents, harmless from and against any and all third party claims, demands, liabilities, costs or expenses, including reasonable attorneys’ fees, arising from or related to the prohibited uses of this site by you, and any other breach of these terms of use by you. The foregoing “disclaimer, limitation of liability and indemnity” provision may not apply to consumers within the state of new jersey or in other jurisdictions where prohibited by law.

34. If you are dissatisfied with our site or any materials on our site, or with any of our terms of use, your sole and exclusive remedy is to discontinue using our site.

35. The Federal Arbitration Act and federal arbitration law apply to this Contact.

36. You agree that the arbitration will be conducted by the American Arbitration Association (‘AAA’), https://www.adr.org, or 1-800-778-7879. You can contact AAA to find out more information on how to commence an arbitration proceeding. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s applicable rules. You may choose to have the arbitration conducted by phone, based on written submissions, or in person in the county where you live or at another mutually agreed-upon location.

37. CLASS ACTION AND JURY TRIAL WAIVERS. You and we agree to bring any dispute in arbitration on an individual basis only, and not on a class, consolidated, aggregated, representative or collective action basis. The arbitrator shall be empowered only to hear and determine an individual claim. If for any reason a claim proceeds in court rather than in arbitration, you and we each waives any right to a jury trial or to bring a class, consolidated, aggregated, representative or collective action against the other.

38. ARBITRATIONS AND COURT ACTIONS DIFFER. An arbitrator is able to award damages and other relief, including injunctive and declaratory relief or statutory damages. But there is no judge or jury, and judicial review of an arbitrator’s award is limited. Discovery in arbitration is also limited in accord with AAA rules. In addition, as set forth above, you are waiving any ability for an arbitrator to oversee or determine class, consolidated, aggregated, representative or collective actions.

39. Important: this section limits certain rights, including the right to maintain a court action, the right to a jury trial, and the right to participate in any form of class, consolidated, aggregated, representative or collective action. Other rights and remedies that you or BUSA would have in court also may not be available in arbitration.

If you have any questions or concerns, please contact admin@ecofriendlyweb.org

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