TreePlanters AD Agreement
TERMS AND CONDITIONS
TABLE OF CONTENTS
TERMS AND CONDITIONS
- CONTACT AND REGULATORY INFORMATION
- INTERPRETATION
- SERVICES
- AUTHORISED USERS
- CUSTOMER SERVICES
- TERM AND TERMINATION
- INTELLECTUAL PROPERTY
- FORCE MAJEURE
- ASSIGNMENT TRANSFER AND SUBCONTRACTING
- LIABILITY
- REPORTS
- DATA PRIVACY
- CHANGES TO THE AGREEMENT
- GENERAL
TERMS OF USE
- DEFINITIONS
- ACCOUNT & CARD LIMITS
- CARDS
- SCOPE OF THESE TERMS OF USE
- OPENING YOUR ACCOUNT
- USING THE ACCOUNT
- THIRD PARTY ACCESS
- CLOSING YOUR ACCOUNT
- YOUR LIABILITY AND AUTHORISATIONS
- DISPUTES AND INCORRECT TRANSACTIONS
- VARIATION
- TERMINATION OR SUSPENSION
- OUR LIABILITY
- YOUR INFORMATION
- COMPLAINTS PROCEDURE
- GENERAL
SCHEDULE A (MFBV INTRODUCED CLIENT SCHEDULE / INTRODUCED CLIENT TERMS OF BUSINESS BACKGROUND)
- INTERPRETATION
- MODULR PRODUCTS
- AUTHORISED USERS
- ACCESSING MODULR PRODUCTS THROUGH A PARTNER PLATFORM
- CUSTOMER SERVICES
- TERM AND TERMINATION
- INTELLECTUAL PROPERTY
- FORCE MAJEURE
- ASSIGNMENT TRANSFER AND SUBCONTRACTING
- LIABILITY
- REPORTS
- DATA PRIVACY
- CHANGES TO THE AGREEMENT
- GENERAL
SCHEDULE 1: CARD OBLIGATIONS
- INTRODUCTION
- TRANSACTIONS DISPUTES AND CHARGEBACKS
- CARDHOLDERS
- WITHDRAWAL OF CARDS; CHANGE OF CARD SCHEME; AND CONDITIONS FOR TOKENISATION SERVICES
THE MODULR ACCOUNT TERMS AND CONDITIONS; IMPORTANT INFORMATION YOU NEED TO KNOW
- DEFINITIONS
- ACCOUNT & CARD LIMITS
- SCOPE OF THESE TERMS AND CONDITIONS
- OPENING YOUR ACCOUNT
- USING THE ACCOUNT
- THIRD PARTY ACCESS
- CLOSING YOUR ACCOUNT
- YOUR LIABILITY AND AUTHORISATIONS
- DISPUTES AND INCORRECT TRANSACTIONS
- VARIATION
- TERMINATION OR SUSPENSION
- OUR LIABILITY
- YOUR INFORMATION
- COMPLAINTS PROCEDURE
- GENERAL
- CONTACTING CUSTOMER SERVICES
FEES
TREEPLANTERS AD AGREEMENT
- Contact and Regulatory Information
- Your Card or Account can be managed online at TreePlanters.clubor via email to support@treeplanters.club or by phone to +357 25250507. To report your Cards lost or stolen please call +357 25250507 or email: support@necoco.tech to contact customer service (“Customer Service”).
- The issuer for Your TreePlanters Account and provider of the Payment Services is Modulr Finance B.V., a company registered in the Netherlands under company number 81852401, whose registered office is at Weteringschans 165 C, 1017 XD Amsterdam.
- Modulr is regulated by De Nederlandsche Bank N.V. for issuance of electronic money under reference number R182870 .
- Necoco is the programme manager and Partner Platform of Modulr. Necoco is registered in The Republic of Cyprus with registered office at Promachon Eleftherias, Office 8 -9, ELLINAS BUILDING, 4103, Ayios Athanasios, Limassol.
- Tree Planters AD is a brand owner and partner of Necoco Ltd. Tree Planters’ is registered in Bulgaria, with registered office at Blagoevgrad, Petrich 2850, Blvd. KING BORIS III No. 9.
- Interpretation
- In these Client Terms of Business: (a) a reference to a clause is a reference to a clause in these Client Terms of Business; (b) headings are for reference only and shall not affect the interpretation of these Client Terms of Business; (c) the singular shall include the plural and vice versa; (d) a reference to a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality) and that person’s personal representatives, successors and permitted assigns; (e) a reference to a party shall include its personal representatives, successors and permitted assigns; (f) reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time.
- Services
- Necoco will make available to the Client such services as described in the application process or on TreePlanters.club (“Website”) .
- The Client agrees to Necoco and TreePlanters providing all such information to Modulr who has the right to check and verify the identity of the Client, its directors, beneficial owners and Authorised Users as required by law.
- The Client acknowledges that a search of the available public registers may take place for anti-money laundering purposes on the individuals and legal entities.
- The Client acknowledges that the individuals legal entities, may have their their personal details accessed by third parties for the specific purpose of anti-money laundering and countering the financing of terrorism (AML/CFT), identity verification and fraud prevention.
- The Account is provided by NECOCO to the Client in accordance with the these Terms and Conditions including Modulr Introduced Client Terms of Business. Services provided to the Client under this Agreement are for the sole use by the Client.
- The Client can use the Account and Cards (where applicable) to make Transactions on the terms and conditions set out in the NecocoTerms and Conditions. A record of all Transactions relating to the Account can viewed on the Website or accessed via the Online Portal (as applicable).
- The Client shall promptly notify Customer Service as soon as it becomes aware login and security information enabling access to its Necoco Services have been lost, stolen or compromised.
- From time to time Necoco may carry out additional checks on the Client, including the identity of its directors, beneficial owners and the nature of its business in accordance with its Due Diligence Procedure and as required by law. Necoco may contact the Client or Modulr (as applicable) for such purposes. The Client agrees to provide such information as necessary.
- The Client shall comply with all legislation and regulation as it applies to the Client. Any failure to comply with relevant legislation or regulation shall be considered amaterial breach of the Agreement and may result in Necoco discontinuing the provision of the Services as set out in clause 4.
- The Client shall implement as appropriate Necoco’s reasonable security recommendations it notifies to the Client from time to time.
- Authorised Users
- Access to the Services is restricted to individuals that have been designated by the Client as Authorised User/s.
- The Client must notify Necoco of all individuals it wishes to be an Authorised User.
- Each Authorised User is permitted to access and use the Services in accordance with these Client Terms of Business.
- The Client will be responsible for training its Authorised Users in the appropriate use of Necoco Services.
- The Client shall ensure its Authorised Users;
- take all reasonable care to ensure Services access credentials, including login details to the Website, where applicable, are kept confidential to each Authorised User; and
- do not share any information that would enable another party to access the Client’s Necoco Account.
- The Client acknowledges and agrees that each Authorised User is authorised by the Client to act on its behalf. Necoco shall deem any instruction given by an Authorised User is an instruction given by the
- The Client is responsible to provide Necoco with KYC documents of each Authorised User. Necoco may refuse to accept any Authorised User at its sole discretion.
- The Client will be responsible for timely notification to Necoco of any revocation of Authorised User access and will be liable for Transactions made, Fees incurred and use of Services by an Authorised User until Necoco has had three full Business Days to act on any received notice.
- Customer Services
- The Client can contact Customer Services if it has any queries about the Services. Information may be requested from the Client, including but not limited to, its Authorised Users, Personal and Identity details, Cardholders or Transaction information so that it can verify the identity of an Authorised User, the Cardholder and/or the Necoco Services provided to such Client.
- Any information shared by the Client will be kept strictly confidential. Where such information is provided in connection to a service provided by a third party, for example, the Account, then the Client’s information will only be used in accordance with instructions of such third party and only for the purpose of providing Customer Services to the Client on behalf of such third party.
- As part of Necoco’s commitment to providing a quality customer service, its managers may periodically monitor telephone communications between its employees and Clients to ensure that Necoco’s high quality service standards are maintained. The Client consents to such monitoring and recording of telephone communications and agrees to make its Authorised Users aware of such practice.
- Term and Termination
- This Agreement shall commence on the date the Client receives confirmation from Necoco (where applicable) of its successful application for Services and shall continue until terminated by the Client, Necoco or Modulr.
- The Client may terminate this Agreement immediately by notifying Customer Services in writing by post or email.
- Necoco may terminate this Agreement and close the Client’s Account(s) by providing the Client with at least two months’ notice.
- Necoco may suspend or terminate this Agreement immediately if, for any reason, the Client (i) is unable to satisfy the Due Diligence Procedures, (ii) for breach of this Agreement, (iii) has provided false, incomplete or misleading information, (iv) has engaged in fraudulent, money laundering, terrorism financing or other illegal activity or we have reasonable suspicions in respect of same or (v) we are required to do so under any applicable law or regulation or at the direction of any regulatory, law enforcement or other competent authority. Necoco shall notify you as soon as possible, unless prohibited by law, of such suspension or termination of the Agreement.
- This Agreement will automatically terminate when all Accounts of the Client are closed (for any reason).
- Necoco may terminate or suspend this Agreement in whole or in part immediately by giving written notice to the Client, if Modulr as the issuer, ceases to provide issuance of electronic money. Necoco may terminate this Agreement in whole or in part by giving written notice to the Client if its cooperation with Modulr will be terminated.
- On termination of this Agreement for any reason, any balance remaining in the Client’s Account(s) shall be returned to the Client in accordance with these Terms and Conditions. The Client shall pay immediately all outstanding Fees due (where applicable) under this Agreement and in the event of a negative balance in an Account, shall reimburse Necoco such amount equal to the negative balance.
- Intellectual Property
- The Introduced Client acknowledges all Intellectual Property Rights in the NECOCO Services are owned by Necoco or provided under licence of Modulr. Necoco grants the Client a non-exclusive, royalty-free licence for the duration of this Agreement to access and use the Services only for the purpose contemplated by this Agreement.
- Nothing in this Agreement shall operate to create or transfer any Intellectual Property Right to the
- Force Majeure
- Necoco will not be liable for the non-performance or failure to provide any part of the Services occurring as a result of any events that are beyond the reasonable control of Necoco, for example, but not limited to, fire, telecommunications or internet failure, utility failure, power failure, equipment failure, employment strife, riot, war, terrorist attack, non-performance of third party suppliers, acts of God such as storm or lightening damage, or other causes over which Necoco has no reasonable control.
- Assignment Transfer and Subcontracting
- The Services provided to the Client are personal to the Client. The Client cannot novate, assign or otherwise transfer this Agreement, any interest or right under this Agreement (in whole or in part) without the prior written consent of Necoco. This clause shall have proprietary effect .
- The Client agrees Necoco may, in its sole discretion, assign, or transfer some or all of its rights and obligations or delegate any duty of performance set out in the documents forming this Agreement. Necoco may subcontract any of its obligations under this Agreement.
- In the event of any transfer of this Agreement by Necoco to another service provider, Necoco will notify the Client no later than two months before the proposed transfer; if the Client does not want to transfer to the new provider, the Client must notify Necoco of its objection in writing to Customer Services. On receipt of such notification, Necoco will terminate this Agreement. Any balance remaining in the Client’s Account(s) will be returned to the Client in accordance with the redemption procedure set out in these Terms and Conditions.
- Liability
- Nothing in this Agreement will operate to limit either party’s liability with respect to fraud or for death or personal injury resulting from negligence, in either case whether committed by that party or its employees, agents or subcontractors.
- Necoco makes no warranty that access to and use of the Services will be uninterrupted or error free.
- The Client acknowledges and agrees that Necoco is not liable to the Client for any loss, liability or damages the Client suffers which result from, are related to, or in any way are connected with any fraud control, restriction measures, or other measures implemented from time to time including as required for compliance with legal and regulatory requirements.
- Necoco shall not be liable to the Client for any loss or damage the Client may suffer as a result of any act or omission of an Authorised User or Cardholder or an Authorised User’s use or Cardholder’s use or inability to use of the Services.
- The Client agrees to indemnify Necoco against any and all actions, claims, costs, damages, demands, expenses, liabilities, losses and proceedings Necoco directly or indirectly incurs or which are brought against Necoco if the Client, or an Authorised User, or a Cardholder has acted fraudulently, been negligent or has misused a Necoco or any of the services provided under this Agreement.
- Necoco shall not be responsible in any way for any interest or claims of any third parties in respect of the Services, except as required by law or regulation.
- The Client acknowledges and agrees that Necoco and Modulr are not liable and/or responsible for any auxiliary or complimentary services, whether provided directly or arranged by TreePlanters through third-party providers, which are unrelated to Services as described in these Terms and Conditions. Auxiliary services refer to any additional services or activities that are not explicitly included within these Terms and Conditions, or any subsequent modifications thereof.
- The Client acknowledges and agrees that Necoco and Modulr shall not be liable for any claims, damages, losses, expenses, or costs arising out of or related to the provision or performance of the auxiliary services provided directly or arranged by TreePlanters through third-party providers.
- TreePlanters assume all responsibility and liability for the selection, arrangement, and provision of the auxiliary services. The Client acknowledges that Necoco’s and Modulr’s responsibility are limited to the provision of the Services outlined in these Terms and Conditions.
- Reports
- Necoco may make available certain management or other reporting or business administration functionality via the Website.
- Necoco may from time to time amend, modify, replace or withdraw in whole or in part such reporting it provides without further notice.
- Data Privacy
- Necoco will collect and retain personal information about the Client and each Authorised User and Cardholder to enable Necoco to deliver the Services, other services linked to it and deal with any enquiries that the Client may have about it. Necoco is the data controller of the personal information gathered by Necoco for such purpose. If Necoco uses a third party to provide a part of the Services then that provider will be the owner and controller of the personal information they require to collect in order to operate the relevant service. The use of personal information by third-party service providers will be set out in their service terms and conditions ofuse. Necoco will, at such third-party provider’s direction, process personal data on its behalf, for example, to enable Necoco to provide Customer Services to the Client.
- Necoco processes personal information in accordance with relevant laws on the protection of personal data. Necoco may anytime share these data with Modulr as the issuer of the Accounts.
- If Necoco transfers the Client’s information to a third party in a country outside of the European Economic Area Necoco will ensure that the third party agrees to apply the same levels of protection that Necoco is legally obliged to have in place when Necoco processes personal data.
- Further information about how Necoco uses personal information can be found in Necoco’s Privacy Policy; please contact Customer Services for a copy of this or read Privacy Policy on https://necoco.tech/index.php/privacy-policy-2/.
- Changes to the Agreement
- Necoco may amend or modify this Agreement by giving two months’ notice to the Client unless Necoco is required to make such a change sooner by law. All proposed changes will be posted on the Website and communicated to the Client by such other means that Necoco agreed with the Client, for example by email.
- The Client has no obligation to accept such amendments proposed by Necoco.
- The Client will be taken to have accepted any change to this Agreement that Necoco notifies to the Client unless the Client notifies Necoco otherwise before the relevant change takes effect. In such circumstances, Necoco will treat notice of objection by the Client as notification that the Client wishes to terminate this Agreement and the use of all Services immediately. All Accounts of the Client will be closed and any balance remaining in the Client’s Account will be returned to the Client. In such circumstances, the Client will not be charged a fee for the Account closure and return of any balance.
- General
- In these Terms and Conditions, headings are for convenience only and shall not affect the interpretation of these Terms and Conditions.
- Any delay or failure by Necoco to exercise any right or remedy under this Agreement shall not be interpreted as a waiver of that right or remedy or stop Necoco from exercising its rights at any subsequent time.
- In the event that any part of this Agreement is held not to be enforceable, this shall not affect the remainder of the Agreement which shall remain in full force and effect.
- The Client shall remain responsible for complying with this Agreement until its Account(s) are closed (for whatever reason) and all sums due under this Agreement have been paid in full.
- This Agreement – and any contractual and non-contractual obligation pursuant hereto – is governed by the laws of the Republic of Cyprus and the Client agrees that any disputes hereunder (including non-contractual disputes) shall be under the exclusive jurisdiction of the competent Courts of Cyprus, or if any contractual and noncontractual obligation fall under Modulr Introduced Client Terms of Business, shall be governed by the laws of the Netherlands and under the exclusive jurisdiction of the competent Courts of Amsterdam, Netherlands.
- DEFINITIONS
- ACCOUNT & CARD LIMITS
- CARDS
- SCOPE OF THESE TERMS OF USE
- OPENING YOUR ACCOUNT
- USING THE ACCOUNT
- THIRD PARTY ACCESS
- CLOSING YOUR ACCOUNT
- YOUR LIABILITY AND AUTHORISATIONS
- DISPUTES AND INCORRECT TRANSACTIONS
- VARIATION
- TERMINATION OR SUSPENSION
- OUR LIABILITY
- YOUR INFORMATION
- COMPLAINTS PROCEDURE
- GENERAL
- In these Introduced Client Terms of Business: (a) a reference to a clause is a reference to a clause in these Introduced Client Terms of Business; (b) headings are for reference only and shall not affect the interpretation of these Introduced Client Terms of Business; (c) the singular shall include the plural and vice versa; (d) a reference to a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality) and that person’s personal representatives, successors and permitted assigns; (e) a reference to a party shall include its personal representatives, successors and permitted assigns; (f) reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time.
- Modulr will make available to the Introduced Client such products that are provided to the Partner Platform and as described by Partner Platform in the application process.
- The Introduced Client agrees to the Partner Platform providing all such information to Modulr who will check and verify the identity of the Introduced Client, its directors, beneficial owners and Authorised Users as required by law.
- The Introduced Client acknowledges that a search of the available public registers may take place for anti-money laundering purposes on the individuals listed in clause 2 above.
- The Introduced Client acknowledges that the individuals noted in clause 2 above may have their their personal details accessed by third parties for the specific purpose of anti-money laundering and countering the financing of terrorism (AML/CFT), identity verification and fraud prevention.
- The Account is provided by Modulr to the Introduced Client in accordance with the Modulr Account Terms and Conditions. Modulr Products provided to the Introduced Client under this Agreement are for the sole use by the Introduced
- The Introduced Client can use the Account and Cards (where applicable) to make Transactions on the terms and conditions set out in the Modulr Account Terms and Conditions. A record of all Transactions relating to the Account can viewed on the Website or accessed via the Partner Platform (as applicable).
- The Introduced Client shall promptly notify Customer Services as soon as it becomes aware login and security information enabling access to its Modulr Products have been lost, stolen or compromised.
- From time to time Modulr may carry out additional checks on the Introduced Client, including the identity of its directors, beneficial owners and the nature of its business in accordance with its Due Diligence Procedure and as required by law. Modulr may contact the Introduced Client or the Partner Platform (as applicable) for such purposes. The Introduced Client agrees to provide such information as necessary.
- The Introduced Client shall comply with all legislation and regulation as it applies to the Introduced Client. Any failure to comply with relevant legislation or regulation shall be considered a material breach of the Agreement and may result in Modulr discontinuing the provision of the Modulr Products as set out in clause 4.
- The Introduced Client shall implement as appropriate Modulr’s reasonable security recommendations it notifies to the Introduced Client from time to time.
- Access to the Modulr Products is restricted to individuals that have been designated by the Introduced Client as Authorised Users.
- The Introduced Client must notify Modulr of all individuals it wishes to be an Authorised User.
- Each Authorised User is permitted to access and use the Modulr Products in accordance with these Introduced Client Terms of Business.
- The Introduced Client will be responsible for training its Authorised Users in the appropriate use of Modulr Products.
- The Introduced Client shall ensure its Authorised Users; take all reasonable care to ensure Modulr Product access credentials, including login details to the Website, where applicable, are kept confidential to each Authorised User; and
- Do not share any information that would enable another party to access the Introduced Client’s Modulr Account.
- The Introduced Client acknowledges and agrees that each Authorised User is authorised by the Introduced Client to act on its behalf. Modulr shall deem any instruction given by an Authorised User is an instruction given by the Introduced
- The Introduced Client will be responsible for timely notification to Modulr of any revocation of Authorised User access and will be liable for Transactions made, Fees incurred and use of Modulr Products by an Authorised User until Modulr has had two full Business Days to act on any received notice. This clause shall not apply to Introduced Clients accessing Modulr Products via the Partner Platform.
- Where the Introduced Client accesses Modulr Products through a Partner Platform, such Partner Platform will be considered the Authorised User. In this instance if additional Authorised Users are required they must be requested by the Partner Platform. The use of a Partner Platform to access the Modulr Products by the Introduced Client are set out in further detail below.
- In the event the Introduced Client utilizes a Partner Platform to access Modulr Products, the Introduced Client agrees and authorises the Partner Platform to instruct Modulr to access and use the Modulr Products on behalf of the Introduced Client, which shall include but not be limited to making Transactions, viewing and retrieving Transaction data, initiating refunds and closing the Account.
- The Introduced Client acknowledges and agrees that Modulr shall have no liability whatsoever with respect to the performance, availability or quality of any Partner Platform.
- The Introduced Client acknowledges and agrees to the following:
- it must satisfy itself that its Platform Partner Agreement grants the Partner Platform all permission necessary to operate the Account on the Introduced Client’s behalf;
- the Platform Partner will be granted full access to operate the Introduced Client’s Account as an Authorised User of the Introduced Client;
- it is responsible for monitoring Partner Platform activities on its Account. Any queries relating to such activities will be raised with the Partner Platform directly and settled between Partner Platform and the Introduced Client;
- the Introduced Client has no recourse against Modulr for any act or omission of the Partner Platform with respect to its Account;
- the Introduced Client understands it can only access its Account to make Transactions, review Transactions made or otherwise use Modulr Products through the service provided by the Partner Platform; and
- it will only use the Account for the purpose set out in the Partner Platform Agreement.
- On receipt of notification by Modulr from the Partner Platform that it wishes to terminate this Agreement, this Agreement shall terminate. Any funds in the Introduced Client’s Account will be returned in accordance with the terms of the Modulr Account Terms and Conditions.
- If the Introduced Client has any complaint or concern relating to the Modulr Account or other Modulr Products, such complaint or concern shall be raised directly to the Partner Platform, who shall deal with it in accordance with Modulr’s Complaints Policy, a copy of which is available on request from the Partner Platform and on the Website.
- The Introduced Client can contact Customer Services if it has any queries about the Modulr Products. Information may be requested from the Introduced Client, including but not limited to, its Authorised Users, Cardholders or Transaction information so that it can verify the identity of an Authorised User , the Cardholder and/or the Modulr Products provided to such Introduced
- Any information shared by the Introduced Client will be kept strictly confidential. Where such information is provided in connection to a service provided by a third party, for example, the Account, then the Introduced Client’s information will only be used in accordance with instructions of such third party and only for the purpose of providing Customer Services to the Introduced Client on behalf of such third party.
- As part of Modulr’s commitment to providing a quality customer service, its managers periodically monitor telephone communications between its employees and Introduced Clients to ensure that Modulr’s high quality service standards are maintained. The Introduced Client consents to such monitoring and recording of telephone communications and agrees to make its Authorised Users aware of such practice.
- This Agreement shall commence on the date the Introduced Client receives confirmation from Modulr or the Partner Platform (where applicable) of its successful application for Modulr Products and shall continue until terminated by the Introduced Client, Partner Platform (if acting on behalf of the Introduced Client) or Modulr.
- The Introduced Client or the Partner Platform (where applicable) may terminate this Agreement immediately by notifying Customer Services in writing by post or email.
- Modulr may terminate this Agreement and close the Introduced Client’s Account(s) by providing the Introduced Client with at least two months’ notice.
- Modulr may suspend or terminate this Agreement immediately if, for any reason, the Introduced Client (i) is unable to satisfy the Due Diligence Procedures, (ii) for breach of this Agreement, (iii) has provided false, incomplete or misleading information, (iv) has engaged in fraudulent, money laundering, terrorism financing or other illegal activity or we have reasonable suspicions in respect of same or (v) we are required to do so under any applicable law or regulation or at the direction of any regulatory, law enforcement or other competent authority. Modulr shall notify you as soon as possible, unless prohibited by law, of such suspension or termination of the Agreement.
- This Agreement will automatically terminate when all Accounts of the Introduced Client are closed (for any reason).
- Modulr may terminate or suspend this Agreement in whole or in part immediately by giving written notice to the Introduced Client if Modulr ceases to provide Cards pursuant to the provisions of Schedule 1.
- On termination of this Agreement for any reason, any balance remaining in the Introduced Client’s Account(s) shall be returned to the Introduced Client in accordance with the Modulr Account Terms and Conditions. The Introduced Client shall pay immediately all outstanding Fees due (where applicable) under this Agreement and in the event of a negative balance in an Account, shall reimburse Modulr such amount equal to the negative balance.
- The Introduced Client acknowledges all Intellectual Property Rights in the Modulr Products are owned by or provided under licence to Modulr. Modulr grants the Introduced Client a non-exclusive, royalty-free licence for the duration of this Agreement to access and use the Modulr Products only for the purpose contemplated by this Agreement.
- Nothing in this Agreement shall operate to create or transfer any Intellectual Property Right to the Introduced
- Modulr will not be liable for the non-performance or failure to provide any part of the Modulr Products occurring as a result of any events that are beyond the reasonable control of Modulr, for example, but not limited to, fire, telecommunications or internet failure, utility failure, power failure, equipment failure, employment strife, riot, war, terrorist attack, non-performance of third party suppliers, acts of God such as storm or lightening damage, or other causes over which Modulr has no reasonable control.
- The Modulr Products provided to the Introduced Client are personal to the Introduced The Introduced Client cannot novate, assign or otherwise transfer this Agreement, any interest or right under this Agreement (in whole or in part) without the prior written consent of Modulr. This clause shall have proprietary effect (goederenrechtelijke werking).
- The Introduced Client agrees Modulr may, in its sole discretion, assign, or transfer some or all of its rights and obligations or delegate any duty of performance set out in the documents forming this Agreement. Modulr may subcontract any of its obligations under this Agreement.
- In the event of any transfer of this Agreement by Modulr to another service provider, Modulr will notify the Introduced Client no later than two months before the proposed transfer; if the Introduced Client does not want to transfer to the new provider, the Introduced Client must notify Modulr of its objection in writing to Customer Services. On receipt of such notification, Modulr will terminate this Agreement. Any balance remaining in the Introduced Client’s Account(s) will be returned to the Introduced Client in accordance with the redemption procedure set out in the Modulr Account Terms and Conditions.
- Nothing in this Agreement will operate to limit either party’s liability with respect to fraud or for death or personal injury resulting from negligence, in either case whether committed by that party or its employees, agents or subcontractors.
- Modulr makes no warranty that access to and use of the Modulr Products will be uninterrupted or error free.
- The Introduced Client acknowledges and agrees that Modulr is not liable to the Introduced Client for any loss, liability or damages the Introduced Client suffers which result from, are related to, or in any way are connected with any fraud control, restriction measures, or other measures implemented from time to time including as required for compliance with legal and regulatory requirements, unless such loss, liability or damage is a direct result of Modulr’s fraud, gross negligence or willful misconduct in procuring the implementation of fraud control or purchase restriction measures that Modulr has expressly agreed in writing to procure for the Introduced
- Modulr shall not be liable to the Introduced Client for any loss or damage the Introduced Client may suffer as a result of any act or omission of an Authorised User or Cardholder or an Authorised User’s use or Cardholder’s use or inability to use of the Modulr Products.
- The Introduced Client agrees to indemnify Modulr against any and all actions, claims, costs, damages, demands, expenses, liabilities, losses and proceedings Modulr directly or indirectly incurs or which are brought against Modulr if the Introduced Client, or an Authorised User, or a Cardholder has acted fraudulently, been negligent or has misused a Modulr Product or any of the services provided under this Agreement.
- Modulr shall not be responsible in any way for any interest or claims of any third parties in respect of the Modulr Products, except as required by law or regulation.
- Modulr may make available certain management or other reporting or business administration functionality via the Website.
- Modulr may from time to time amend, modify, replace or withdraw in whole or in part such reporting it provides without further notice.
- Modulr will collect and retain personal information about the Introduced Client and each Authorised User and Cardholder to enable Modulr to deliver the Modulr Products, the services linked to it and deal with any enquiries that the Introduced Client may have about it. Modulr is the data controller of the personal information gathered by Modulr for such purpose. If Modulr uses a third party to provide a part of the Modulr Product then that provider will be the owner and controller of the personal information they require to collect in order to operate the relevant service. The use of personal information by third-party service providers will be set out in their service terms and conditions of use. Modulr will, at such third-party provider’s direction, process personal data on its behalf, for example, to enable Modulr to provide Customer Services to the Introduced
- Modulr processes personal information in accordance with relevant laws on the protection of personal data.
- If Modulr transfers the Introduced Client’s information to a third party in a country outside of the European Economic Area Modulr will ensure that the third party agrees to apply the same levels of protection that Modulr is legally obliged to have in place when Modulr processes personal data.
- Further information about how Modulr uses personal information can be found in Modulr’s Privacy Policy; please contact Customer Services for a copy of this.
- Modulr may amend or modify this Agreement by giving two months’ notice to the Introduced Client unless Modulr is required to make such a change sooner by law. All proposed changes will be posted on the Website and communicated to the Introduced Client by such other means that Modulr agreed with the Introduced Client, for example by email. If the Introduced Client is accessing Modulr Products via a Partner Platform, all notifications will be communicated via such Partner Platform.
- The Introduced Client has no obligation to accept such amendments proposed by Modulr.
- The Introduced Client will be taken to have accepted any change to this Agreement that Modulr notifies to the Introduced Client unless the Introduced Client tells Modulr otherwise before the relevant change takes effect. In such circumstances, Modulr will treat notice of objection by the Introduced Client as notification that the Introduced Client wishes to terminate this Agreement and the use of all Modulr Products immediately. All Accounts of the Introduced Client will be closed and any balance remaining in the Introduced Client’s Account will be returned to the Introduced Client in accordance with the redemption procedure set out in the Modulr Account Terms and Conditions. In such circumstances, the Introduced Client will not be charged a fee for the Account closure and return of any balance.
- In these Introduced Client Terms of Business, headings are for convenience only and shall not affect the interpretation of these Introduced Client Terms of Business.
- Any delay or failure by Modulr to exercise any right or remedy under this Agreement shall not be interpreted as a waiver of that right or remedy or stop Modulr from exercising its rights at any subsequent time.
- In the event that any part of this Agreement is held not to be enforceable, this shall not affect the remainder of the Agreement which shall remain in full force and effect.
- The Introduced Client shall remain responsible for complying with this Agreement until its Account(s) are closed (for whatever reason) and all sums due under this Agreement have been paid in full.
- This Agreement is written and available only in English and all correspondence with the Introduced Client shall be in English.
- Exclusion of relevant statutory provisions: the following provisions of the Netherlands Civil Code do not apply in the relationship between Modulr and the Introduced Client: articles 7:516, 7:517, 7:518 and 7:519, article 7:520(1), article 7:522(3), article 7:527, articles 7:529 to 7:531, article 7:534 and articles 7:543, 7:544 and 7:545 Netherlands Civil Code and all legislation pursuant to and/or based on such articles. Furthermore, if not already covered by the articles referred to in the preceding sentence, the rules regarding provision of information in the Market Conduct Supervision (Financial Institutions) Decree (Besluit gedragstoezicht financiële ondernemingen Wft) that follow from Title III PSD2 do not apply. The above contains the exclusion of the relevant provisions of PSD2 as implemented in Dutch law. Consequently, all rules with regard to the content and provision of the information required by Title III of PSD2 and the following provisions of Title IV of PSD2 do not apply to this Agreement: article 62(1), article 64(3), article 72, article 74, article 76, article 77, article 80 and article 89 of PSD2 and all legislation pursuant to and/or based on such articles. This clause shall not apply if the Introduced Client is a Consumer
- This Agreement – and any contractual and non-contractual obligation pursuant hereto – is governed by the laws of the Netherlands and the Introduced Client agrees that any disputes hereunder (including non-contractual disputes) shall be under the exclusive jurisdiction of the competent Courts of Amsterdam.
- Introduction
- The terms of Schedule 1 shall apply where Virtual Cards and/or Physical Cards are included within the Modulr Products.
- Transactions Disputes and Chargebacks
- For the purposes of these Introduced Client Terms of Business, a “Chargeback” means a refund of a Card Transaction after the Introduced Client (or Modulr on its behalf) successfully disputes the Card Transaction as permitted by the Card Scheme rules.
- The Introduced Client shall provide Modulr all relevant information in relation to Virtual Card Transaction as may be required by Modulr to resolve the dispute in accordance with applicable law and, where applicable, to raise a Chargeback in accordance with Card Scheme rules.
- The Introduced Client agrees that Card Scheme’s decision on the validity of the Chargeback is final and binding and that in the event a Chargeback is not successful or is subsequently reversed the Introduced Client will be liable for the amount of the disputed Card Transaction.
- Modulr shall at its discretion not refund a Chargeback to the Introduced Client until the relevant challenge periods have passed under the relevant Card Scheme rules unless it is required to do under relevant law or regulation.
- Cardholders
- Where corporate Cards are made available to the Introduced Client as part of Modulr Products, Introduced Client will be able to designate individuals as Cardholders permitted to use certain Cards.
- The Introduced Client must notify Modulr of all individuals it wishes to be Cardholders and shall not permit any other person to use the Cards.
- The Introduced Client shall be responsible for ensuring that each Cardholder is informed of the Modulr Account Terms and Conditions as they apply to the Cards and the Introduced Client shall ensure that the Cardholder complies with them.
- In addition to clause 3.3 above, Introduced Client shall be responsible for ensuring that each Cardholder reads and accepts the Modulr Corporate Cardholder Terms and Conditions, which shall be made available to the Cardholder by the Introduced Client. Introduced Client shall keep a record of each Cardholder’s confirmation given in accordance with this clause and shall promptly make such records available to Modulr on request.
- The Introduced Client shall ensure its Cardholders take all reasonable care to keep any security credentials relating to the use of Cards, such as PIN or any access or similar codes, where applicable, confidential and in accordance with the Modulr Account Terms and Conditions and Corporate Cardholder Terms and Conditions. Where Cards are enabled to be registered/stored within third party apps/devices, the security credentials relating to those third party apps/devices will also be deemed to be security credentials relating to the use of Cards.
- The Introduced Client acknowledges and agrees that each Cardholder is authorised by the Introduced Client to act on its behalf. Modulr shall deem any instruction given by a Cardholder with respect to Card Transactions as an instruction given by the Introduced Client and the Introduced Client shall be responsible for all actions and the use of Physical Cards by any Cardholder.
- In the event of any changes to this Agreement, Modulr Account Terms and Conditions and/or the Modulr Corporate Cardholder Terms and Conditions, or if the Introduced Client’s Account and/or Card is suspended, cancelled or terminated, it is the Introduced Client’s responsibility to communicate any such changes and/or any information regarding the suspension, cancellation or termination to each Cardholder.
- Withdrawal of Cards; Change of Card Scheme; and Conditions for Tokenisation Services • Modulr reserves the right to:
- cease providing Cards as part of Modulr Products for any reason;
- provide Cards issued under a different Card Scheme; and
- cease or amend the ability for Cards to be registered/stored within one or more third party apps/devices.
- Modulr shall provide to Introduced Client tokenisation services subject to, where applicable, prior approval of the Introduced Clients by the relevant tokenisation provider (Apple Pay and/or Google Pay). Modulr shall not be liable to the Introduced Client in the event approval is not granted or is later withdrawn by the relevant tokenisation provider.
- DEFINITIONS
- ACCOUNT & CARD LIMITS
- SCOPE OF THESE TERMS AND CONDITIONS
- OPENING YOUR ACCOUNT
- USING THE ACCOUNT
- THIRD PARTY ACCESS
- CLOSING YOUR ACCOUNT
- YOUR LIABILITY AND AUTHORISATIONS
- DISPUTES AND INCORRECT TRANSACTIONS
- VARIATION
- TERMINATION OR SUSPENSION
- OUR LIABILITY
- YOUR INFORMATION
- COMPLAINTS PROCEDURE
- GENERAL
- CONTACTING CUSTOMER SERVICES
FEES
| Setup Fee (Including KYC IBAN etc) Monthly Service Fee per IBAN - Standard Monthly Service Fee per IBAN - Advanced Monthly Service Fee per IBAN - Premium Monthly fee per GBP Account (optional) SEPA Incoming Payment SEPA Outgoing Payment (up to €10,000) SEPA Outgoing Payment (more than €10,000) UK FASTER Incoming UK FASTER Outgoing (up to £10,000) UK FASTER Outgoing (more than £10,000) Bacs Incoming Payment CHAPS Incoming Payment Payment Initiation Fee - UK Only Internal Transfer |
€7.00 €16.99 €50 €100 £9.50 €1.25 €1.65 0.20% (Min €2.00) £0.90 £1.50 0.25%(Min £2.00) £0.90 £13.00 £0.30 0.20€/£ |
| POS Intra EEA ATM Intra EEA ATM Intra EEA With Exchange POS Intra EEA with Exchange POS International and EEA Microstates ATM International and EEA Microstates ATM non-Financial Transaction (Balance, Change Pin) Cost per formal complaint in accordance with the complaints policy Search of Incoming/Outgoing payment Recall of outgoing payment Suspicious Activity Report(SAR) submitted or by the issuer to NCA equivalent official body Cost per FOS complaint where FOS (Ombudsman) has requested further information or investigation Compliance Escalation Fee – per hour Legal Expenses |
€0.20 €3.00 €2.50 + V/Card FX €0.20 + V/Card FX 0.30% + €0.95+VC FX €2.50 + €0.95%+VC FX €1.20 € 50.00 € 25.00 € 50.00 + Cost of receiving bank € 75.00 € 375.00 € 150.00 At cost |
TreePlanters AD Agreement
Updated 11 November 2024
- Introduction
We aim to provide retail Clients interested in eco-friendly products with an alternative method of carrying out their daily transactions while supporting ecological rebalancing through the planting of trees.
- Definitions:
- User: Any individual or entity who accesses or uses TreePlanters AD service.
- User Agreement: the agreement between You and TreePlanters AD.
- Service Agreement: A specific Service Agreement that is offered to eligible clients.
- Eligible Client: A TreePlanters AD client who has settled all monthly fees for at least 12 consecutive months.
- Tree Management Agreement: The agreement between TreePlanters AD and the Tree Management Partner.
- Tree Management Partner: A partner that specializes in tree planting.
- Monthly Service Plan/ Monthly Plan: Your chosen account type.
- TreePlanters Loyalty Program: A loyalty program for eligible clients.
- Account: The user-specific account enabling access to the service.
- Monthly Service Fee Plan:Your monthly payment fee.
- Content: Any text, images, or other materials uploaded, downloaded, or appearing on the service.
- Third-Party: Any entity not part of the service.
- User Agreement
This is an agreement between YOU and TreePlanters AD, (EIK/PIC 207381068, Tsar Boris III, Petrich-2850, Blagoevgrad).
- Subject and Purpose
The subject and purpose of these Terms and Conditions is to regulate the relationship between You and TreePlanters AD regarding the provision and receipt of the Services of your account with TreePlanters AD.
- Reading and Acceptance of Terms
It is recommended that you read all information included on the TreePlanters AD website as well as these Terms. For any clarification concerning the Terms and Services, you may contact TreePlanters AD at info@treeplanters.club.
- Choosing your TreePlanters AD account
At TreePlanters AD there are three (3) types of accounts to choose from. When you first open your TreePlanters AD account you automatically register for our Standard account by default. You can choose your monthly service fee plan from the below options:
- Standard account with a transaction limit of up to €30,000 annually with a €16,99 monthly fee.
- Advanced account with a transaction limit of up to €100,000 annually with a €50,00 monthly fee
- Premium account with a transaction limit of up to €240,000 annually with a €100,00 monthly fee
- Changing your TreePlanters AD Account
You can only change your monthly service fee plan between the 6th and the 27th of any given month assuming you do not have any overdue monthly service fees. To do so you need to log in to your PartnerLogin account where you can choose your desired monthly service fee plan. Your chosen monthly service fee plan will be activated on the 28th of said month, with the initial charge applied upon activation. Subsequent monthly service fees will be charged on the 28th of each following month.
You can upgrade your TreePlanters AD account any time during your monthly plan. Your 12 consecutive months will not be affected, as your monthly plans will be merged.
You can downgrade your TreePlanters AD account earlier than your annual monthly plan if there are extenuating circumstances. TreePlanters reserves the right to terminate your account if there are continuous changes in your monthly service fee plan.
The gift at the moment of upgrade or downgrade as stated in clause (8) will be proportionally rounded at 2 decimal digits.
- Tree Management Agreement
TreePlanters AD has entered into a Tree Management Agreement with a designated tree management partner (hereinafter referred to as the “Tree Management Partner”). As part of the "TreePlanters Loyalty Program", TreePlanters AD will share only the contact information of all qualified clients with the Tree Management Partner. This allows the “Tree Management Partner” to directly reach out to these clients to finalize their Service Agreement.
- Monthly Fees and TreePlanters Loyalty Program
The monthly fee paid to TreePlanters AD covers maintenance services only.
You qualify for the "TreePlanters Loyalty Program" if you have been a client of TreePlanters AD for at least 12 consecutive months and have paid all monthly fees. At the end of each year, your loyalty program is activated. TreePlanters will then purchase trees on your behalf. The number of trees planted varies according to your account type. As part of this program, all eligible members will receive a Service Agreement gift, tailored to their chosen plan:
- Standard Account. Three (3) trees planted on your behalf as a gift annually.
- Advanced Account. Eight (8) trees planted on your behalf as a gift annually.
- Premium Account. Seventeen (17) trees planted on your behalf as a gift annually.
- Duration of Benefits
Each TreePlanters AD eligible client can benefit from this Tree Management Agreement provided the account remains open and there are no outstanding monthly service fees. If you wish to opt out from this Tree Management Agreement, you must send an email to info@treeplanters.club with the email subject “Opt-out from Benefits” from your registered email address. If you choose to opt out the “Tree Management Partner” will not contact you, and you will not be able to receive any benefits as per the previous clause.
It is expressly stated that if, for any reason, the Beneficiary declines to accept the service agreement, they have no claim to any payments made for the services provided by TreePlanters AD.
- Monthly Service Fees and Gifts
The monthly service fee to TreePlanters AD will continue to be paid for the services provided by TreePlanters AD only. The trees planted on your behalf, along with the accompanied benefits, are considered as a gift to TreePlanters AD’s eligible clients. In case you do not wish to receive this gift, then the “Tree Management Partner” will continue to plant trees to the benefit of a charitable institution/cause that TreePlanters AD will choose.
- Consent for Future Updates
If you do not opt out from said benefits within 15 days from the “Tree Management Agreement” – offered to you as a gift – you automatically give your consent to receive future updates and information monthly or annually, directly from the “Tree Management Partner” about the tree’s plantation procedure.
- Limitation of Liability
13.1 TreePlanters AD in no event shall be liable to you or any other person for the management of trees planted, as planted trees is an offer of our company to create ecological awareness and a personal gift to you. At the same time, TreePlanters AD is supporting ecological rebalancing through the planting of trees.
Furthermore, any special, consequential, incidental, or indirect damages, however caused, on any theory of liability, and except as already stated in these Terms, shall not be construed as being for the benefit of any third party.
TreePlanters AD has no relation or responsibility for the upcoming (after 12 months) possible Agreement between you and the “Tree Management Partner” and the possible profits or payment(s) from the management and utilization of trees. TreePlanters AD’s responsibility is limited only to the payment for tree plantation and nothing else. TreePlanters AD has no relation, responsibility, or rights connected with those trees. You waive TreePlanters AD, their partners, providers, affiliates managers, and director’s responsibility regarding the tree management, the yields derived from trees planted, and all other “Tree Management Partner” projects. TreePlanters AD is not responsible for payments that the “Tree Management Partner” would make or not make to you at any time, regarding the agreement between you and the “Tree Management Partner”.
13.2 TreePlanters AD will not be liable for any damages of any kind arising out of or relating to the use or the inability to use the account or any third-party application included in a provided device, its content, or functionality. This includes but is not limited to damages caused by or related to errors, omissions, interruptions, defects, delays in operation or transmission, computer viruses, failure to connect, network charges, in-app purchases, and all other direct, indirect, special, incidental, exemplary, or consequential damages, even if TreePlanters AD has been advised of the possibility of such damages. The foregoing limitations, exclusions, and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails in its essential purpose.
- Right to Hire Any Tree Management Partner
You acknowledge that TreePlanters AD at any time has the right to hire any tree management partner. In such case, regarding any of your existing trees, the service agreement you have already obtained will still be valid.
- Profits and Payments by the “Tree Management Partner”
Any and all benefits generated from the Service Agreement between you and the “Tree Management Partner” will be made by the “Tree Management Partner” to you in your corresponding account with TreePlanters AD or any other designated bank account, net of any fees and/or costs.
- Liability for Charges and Compliance
You are liable against TreePlanters AD and any third partner or provider and you would be required to pay the respective compensation regarding any charges, fines, fees, or refunds that burden TreePlanters AD due to the use of the Services or due to your failure to comply with these Terms and instructions provided systemically, or otherwise by TreePlanters AD, regarding the conclusion of the provision of the Services.
- Claims and Indemnification
In the event any third party claims against TreePlanters AD to remedy any damage or payment of any compensation or indemnification for any reason which is attributable to the breach of your obligations which derive from these Terms, the instructions with which you comply with and govern the provision of the Services, and/or the applicable legislation, you should attend in any judicial or administrative procedure in favor of TreePlanters AD, undertaking the respective liability in total and acting as the procedural witness, provided that it is possible according to the applicable legislation. You shall reinstitute TreePlanters AD financially and morally for any damage that it may have suffered, including any potential judicial expenses and legal fees.
- Monthly Service Fees and Charges
TreePlanters AD is entitled to charge your account with any monthly fees owed and any other amount due by you for other services, and to deduct such amount from the Available Balance on the date that it becomes due and onwards. You can view all listed fees at https://treeplanters.club/terms-and-conditions/#FEES
- Insufficient Balance and Debiting Account
If the Available Balance does not suffice for the payment of any due amount, your account is debited immediately with the said sum, which is paid in priority to TreePlanters AD against any other payment or debit order as soon as there is an available balance amount.
- Communication and Language
We will communicate with you in English (the language in which these Terms and Conditions were agreed) using the email you provided for registration for your Account with TreePlanters AD. The official language of our communication and services is English. When using your account, you should be able to understand and communicate in English, including providing information and documents in English or translated into English, at our request. Although we would like to, we will not be able to support our service in all languages.
- Management of Personal Information
We will manage all personal information that we collect through the Website, including the Platform, in accordance with our Privacy Policy.
- Processing of Personal Data
You acknowledge that to provide you services, we may process personal data about you as an individual. If you represent a legal entity, we may also collect personal data that you have provided or will provide to us concerning your employees, other associates, or other individuals. You confirm that your disclosure of any personal data relating to individuals other than yourself was or will be made in accordance with all applicable data protection and data privacy laws, and that those data are accurate, up-to-date, and relevant when disclosed.
- Confidential Information
We acknowledge that certain information regarding you or other information shared with us during the registration is not personal information but can still be regarded as confidential. We agree to keep your information strictly confidential and use it solely to operate the Platform and provide the services to you. You consent to our sharing this information with third parties when there is a legitimate reason to do so. When sharing your confidential information with third parties, we agree to impose the same level of protection as to your personal information and only allow your confidential information to be accessed by those who require access to perform their tasks and duties, and to share only with third parties who have a legitimate purpose for accessing it. For a more detailed list of third parties we may share your personal and/or confidential information with, please see our Privacy Policy.
- Intellectual Property Rights
Unless otherwise indicated by us, all copyright and other intellectual property rights in all content and other materials provided in connection with the services, including, but not limited to, trademarks, trade names, logos, design, graphics, photos, unique technical and scientific solutions or inventions, and any rights attached to such intellectual property, and the intellectual property rights of software compilation, associated source code and software, are and remain the property of TreePlanters AD.
- Extraordinary Account Termination/Suspension
TreePlanters AD has the right to extraordinarily terminate/suspend your account without prior notice if any of the following occurs:
- You have materially breached the Terms and Conditions of your TreePlanters account Agreement.
- You or a related person launder money, finance terrorism, engage in other illegal transactions on the Platform, or if there is suspicion of such activities.
- You or a connected person have been convicted of money laundering, terrorist financing, environmental crime, or other criminal offenses, posing a risk that the Platform may be used for criminal purposes or to promote criminal activities.
- You or a related person or your activities or the country or region you or the related person are from, is or becomes subject to an international sanction.
- The information you have provided is inaccurate or incomplete or you have not updated your information on the Platform, adversely affecting our ability to know you as an individual and conduct due diligence according to applicable laws.
- You refuse to provide requested information, hindering our ability to carry out due diligence measures in accordance with applicable laws.
- You are or become a resident of any country or territory where we reasonably believe we cannot provide services.
- Your activity or inactivity causes material or immaterial damages to us, or there is an actual threat of such damages.
- We are instructed to terminate your account by a court order or a competent public authority.
- Discontinuation of Services
Due to reasons described elsewhere in these Terms, we may determine to discontinue our services, in full or partly, which may result in the termination/suspension of your account, in full or partly.
If TreePlanters AD denies proceeding with a transaction, you will be informed about the denial, the reasons for the denial, and/or the means of remedy unless otherwise requested by applicable legislation. TreePlanters AD may apply a fee for providing such information if the denial is objectively grounded.
- Data Processing and GDPR Compliance
- As a subject of personal data processing, defined in accordance with Article 4, Paragraph 1 of the European General Data Protection Regulation 2016/679 (GDPR), you provide your explicit consent to TreePlanters AD for keeping and processing of personal data records. You understand, agree, and accept that the processing is necessary for contract performance and compliance with lawful obligations under Article 6, Paragraph 1 (a), (b), and (c) of the GDPR or other relevant laws.
- TreePlanters AD, as the Data Controller of the records kept under Article 4, Paragraph 7 of the GDPR, observes all principles of lawful processing of personal data, including lawfulness, fairness, transparency, purpose limitation, data minimization, accuracy, storage limitation, integrity, confidentiality, and accountability. Proper technical and organizational protective measures are taken, such as anonymization, pseudonymization, data encryption, privacy impact assessment, privacy by design/by default.
- Updates to Terms and Conditions
These Terms and Conditions may be updated from time to time, and you will be notified on the TreePlanters webpage.
- Governing Law and Jurisdiction
This Agreement shall be governed by and interpreted in accordance with the laws of Bulgaria. Any dispute or claim related to this Agreement shall be subject to the non-exclusive jurisdiction of the Bulgarian courts.
Privacy Policy
General
A Privacy Policy is a statement or a legal document that states how a company or website collects, handles, and processes data of its customers and visitors. It explicitly describes whether that information is kept confidential, or is shared with or sold to third parties.
TreePlanters A.D has been fully harmonized with the new Personal Data Protection Regulation and has fostered corporate culture across its staff by establishing a code of conduct for the protection of personal data. The company complies with applicable legislation on the Protection of Personal Data.
As part of this basic obligation, TreePlanters A.D is committed to protecting and appropriately using personal information (often referred to as “personal data” collected either online or through the professional services it provides, or through communication/collaboration with any third party.
In general, our purpose is to collect only the personal data voluntarily provided by visitors so that we can provide them with information and/or services or information about business opportunities or markets when preparing contracts for the sale of goods.
Who we are.
At TreePlanters A.D, we are passionate about creating a greener future for generations to come.
At TreePlanters A.D, we value transparency, integrity, and innovation. We are driven by our desire to empower individuals to make a positive impact through simple, everyday actions. By providing a practical and convenient solution for payments, we can inspire a collective effort toward a more sustainable world. With this green pay account, you become an agent of change. Together, we can grow forests and combat climate change.
We believe that trees are essential for the health of our planet, so we strive to make it easy for everyone to get involved in tree planting. Our trees – mainly Paulownia and Eucalyptus in the near future – are our precious! TreePlanters’ tree-planting payment account services are designed to help you create a healthier, more sustainable environment. We also provide plans for individuals and companies, aiming for high returns from the trading and usage of trees after their scission.
Our mission is to revolutionize the way we make payments while making a positive impact on the environment. With a TreePlanters account, every transaction you make contributes to planting trees to create a sustainable ecosystem for our planet.
We give to nature. Nature gives back to us. That simple!
Collection and use of Personal Data
We receive your personal data if you choose to provide it – for example, if you contact an email or subscribe as a subscriber for some services. In some cases, you may have previously given your Personal Data to TreePlanters A.D.
By registering and/or submitting your personal data to TreePlanters A.D, you also consent to the use of this data in accordance with this Statement. Your personal data is not used for other purposes unless we receive your permission or unless this is required or permitted by law or by professional specifications. For example, if you sign up for our account page and provide information about your preferences, we will use this information to personalize your user experience. When you sign up or log in using a third-party subscription service, we may identify you as the same user regardless of the use of different devices and personalize your user experience and any other websites of TreePlanters.club you visit.
In some cases where you have subscribed to certain services, we may temporarily store your email address until we have received the confirmation of the information you provided via email (by sending an email to the address you provided in your subscription to confirm your registration request and give your consent to the collection and processing of the data you have sent to us for the specific purpose of your disclosure).
The Company TreePlanters A.D generally, collects only personal data that is necessary to meet your requests in accordance with the basic principle of limiting the processing of the new EU Regulation 2016/679. Where additional, optional information is sought, you will be informed at the time of the data collection and for which additional information serves.
Personally, identifiable information may include, but is not limited to:
(a) Email address
(b) Phone number
(c) Cookies and Usage Data
(d) Name – Surname
We may use your Personal Data to contact you with newsletters, marketing or promotional materials, and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link.
The Company TreePlanters A.D does not collect “sensitive” personal data unless data is required or collection is permitted by law. Please do not provide sensitive data to TreePlanters, unless this is required for the purpose of providing personal data and you do not provide sensitive data in any way to TreePlanters A.D unless you hereby consent to the use by TreePlanters A.D of these data for its legitimate business purposes and if you consent to the transmission and storage of this data to and to TreePlanters A.D databases. If you have any questions about whether the provision of sensitive personal data to Company TreePlanters A.D is, or could be, necessary or appropriate for certain purposes, please contact us at info@treeplanters.club.
Automatic Collection of Personal Data
In some cases, TreePlanters A.D and its service providers use cookies, web beacons, and other technologies to automatically collect certain categories of data when you visit us online and through the emails we exchange. The collection of these data allows us to personalize your online experience, improve the performance, usability, and efficiency of our online presence, TreePlanters A.D and evaluate the effectiveness of the marketing activities of our services.
IP Addresses
The IP address is a number assigned to your computer whenever you access the internet. It allows computers and servers to identify and communicate with each other. The IP addresses from which visitors appear to be logged can be logged for security of information technology and system diagnostics. This data can also be used in aggregated form to analyze the trends and performance of the site.
Cookies – View in detail the cookies policy.
Visit Cookies Policy
Other third-party tools and widgets may be used on our individual websites in order to provide additional functionality. Using these tools or widgets may install a cookie on your device to make their service easier to use and ensure that your activity is displayed properly on our web pages.
Cookies on our own do not disclose your email address or personally identify you in any other way. In our analytical reports, we may receive identification information, including IP addresses, but only to identify the number of unique visitors to our web pages and the geographical origin of the visitors, and not to identify individual visitors.
Absolutely necessary
The absolutely necessary cookies are essential for the proper functioning of our web site www.treeplanters.club Without them, your browsing is technically impossible since it supports the basic technical function of the site. This category of cookies only applies to the technical part of the site and is not related to keeping or sending and receiving profile information from you.
In this particular category of cookies, you can browse and use My account functionality to make our online purchases. Without these cookies, we can not offer our site effectively, nor can we technically support your online orders.
Our company and our website, informs you that as part of our compliance with the New General Personal Data Protection Act (2016/679 EU), also known as GDPR, we keep record of your activity logs and also your own consent and choice, in the transparency and accountability of the new regulation.
Google Analytics
The Company TreePlanters uses Google Analytics. Learn more about how to use Google Analytics by TreePlanters A.D you can find here: http://www.google.com/analytics/learn/privacy.html
In order to provide site visitors with more choices about how to collect their data from Google Analytics, Google has developed the Google Analytics Opt-out Browser Add-on. The add-on communicates with Google Analytics JavaScript (ga.js) to show that the information about the visit to the website should not be sent to Google Analytics. The Google Analytics Opt-out Browser Add-on does not prevent you from sending information to the site itself or other web analytics services.
Cookies performance
Cookies collect information about how visitors use our online website and our online store. For example, the information that collect performance cookies is related to which pages users and visitors of www.treeplanters.club visit more often and whether error messages are sent from webpages or subpages from the site or from my account during product order processes visitors and users. This particular category of cookies is used exclusively to improve the performance of a website so that we can offer more effective quality to our online services.
Cookies functionality
This category of cookies allows our web site to show you your choices without having to enter your identification information every time. Simply put, the website “remembers” your choices and reminds you of it, as long as you certainly want it. Otherwise, it is possible to disable this category of cookies so that you can enter each time the items required to complete an order from our online store. The information that this particular cookie recalls is, for example, the username you have specified, choosing the language you prefer for your browsing, or using social media directly without re-entering your name and password. This information as compiled from this category of cookies concerns your browsing ONLY and exclusively on our website and it is not possible to record your browsing activity on other sites.
There is as mentioned above the possibility to not accept this particular category of cookies. However, such a possibility is likely to affect the performance and functionality of our site and will inevitably limit your access to specific content.
Targeting Cookies
This particular category of cookies is used to provide content that best suits your interests. This category of cookies targets targeted ads / bids, limiting ad impressions, or measuring the effectiveness of an ad campaign. They are usually placed to remember your visit to our website and to every subpage of the site. Our website www.treeplanters.club uses the Google Analytics service for primarily statistical and secondary marketing and advertising purposes.
However, you must be fully informed and for that reason our company, in compliance with the new General Regulation on the Protection of Personal Data, gives you the right to choose with your own positive action and asks your consent specifically for the particular category cookies.
Additionally, if you consent to this particular cookie category, by choosing the relevant tickbox by free choice, then you must be aware that our third party suppliers, including Google, may display our Company’s advertisements on Internet sites upon your visit to them. If you do not give your consent and do not select this cookie, then this feature will not apply to you.
In addition, with this particular category of cookies, third-party vendors, including Google, may use cookies to update, optimize and display ads based on a previous user’s visit to www.treeplanters.club.
That is, if you choose this category of cookies, then when you visit our site, this category of cookies can be used by Google and third-party vendors to display our promotional content and product offers while browsing other sites. This in practice means that TreePlanters may also use the cookies from a previous visit to its remarketing website, again subject to the explicit choice of that category of cookies and your consent to perform the above described actions.
Children
The Company TreePlanters A.D understands the importance of protecting children’s personal data, especially in an online environment. Specifically, our sites are neither designed intentionally nor intended for children under 18 years of age. Our policy is to never collect or keep our knowledge of any person under the age of 18.
Legal Basis for Your Personal Data
We only use your Personal Data on the following legal basis:
Consent art. 6 §1 a 2016/679 GDPR. For some processing activities, we require your prior consent. This applies for example to some of our direct marketing activities which fall under the scope of the GDPR. You will always be prompted to take clear, affirmative action so that we can ensure that you agree with the processing of your Personal Data. This action may, for example, take the form of a checkbox. If you have given us your consent for processing operations, you may always change your mind, and withdraw your consent at any time and easily; all you need to do is to send us an email at the following address info@treeplanters.club
Performance of a contract art. 6 §1 b 2016/679 GDPR. Some Personal Data we process about you is for the performance of a contract to which you are a party or in order to take steps at your request prior to entering into a contract with us.
Legal obligation art. 6 §1 c 2016/679 GDPR. In some cases, we have to process your Personal Data to comply with legal obligations, including those applicable to financial services institutions, such as under anti-money laundering laws. You may not be eligible for certain Services if we cannot collect the Personal Data necessary to meet our legal obligations.
Legitimate interest art. 6 §1 f 2016/679 GDPR. In most cases where we process Personal Data in the context of our Services, we rely on our legitimate interests in conducting our normal business as a legal basis for such processing. Our legitimate interests are to identify or prevent fraud, enhance the security of our network and information systems, or carry out processing operations for statistical purposes. We will use legitimate interest only when we have carried out an assessment of the impact that this processing may have on you and concluded that the processing does not unduly infringe on your rights and freedoms. For example, we do not use this justification if we process sensitive data, when the processing would be unexpected for you, or if we consider it to be too intrusive.
Use of Data – Purposes of collection
uses the collected data for various purposes:
(a) to provide and maintain our Service;
(b) to notify you about changes to our Service;
(c) to allow you to participate in interactive features of our Service when you choose to do so;
(d) to provide customer support;
(e) to gather analysis or valuable information so that we can improve our Service;
(f) to monitor the usage of our Service;
(g) to detect, prevent and address technical issues;
(h) to fulfill any other purpose for which you provide it;
(i) to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
(j) to provide you with notices about your account and/or subscription, including expiration and renewal notices, email instructions, etc.;
(k) to provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information;
(l) in any other way we may describe when you provide the information;
(m) for any other purpose with your consent.
(n) Perform risk management, including comparing information for accuracy and verifying it with third parties and protect against, identify and prevent fraud and other prohibited or illegal activity, claims and other liabilities
(o) Comply with applicable laws and regulations;
(p) Establish, exercise and defend legal claims;
(q) Monitor and report compliance issues;
Disclosure and Transfer of Personal Data
We do not share personal data with third parties that are not affiliated with us unless this is required for our legitimate business purposes and our business needs in order to meet your requests and/or as required or permitted by law.
In some cases, TreePlanters A.D may share your personal information with various external companies or service providers, or sellers working on our behalf in order to respond to your requests after we have informed you in advance and received your consent.
The Company TreePlanters does not sell personal data to any third party. Also, TreePlanters A.D will not pass on the personal data you provide to any third party.
We may disclose personal information that we collect, or you provide:
(a) Disclosure for Law Enforcement.
Under certain circumstances, we may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities.
(b) Business Transaction.
If we or our subsidiaries are involved in a merger, acquisition or asset sale, your Personal Data may be transferred.
(c) Other cases. We may disclose your information also:
(i) to our subsidiaries and affiliates;
(ii) to contractors, service providers, and other third parties we use to support our business;
(iii) to fulfill the purpose for which you provide it;
(iv) for any other purpose disclosed by us when you provide the information;
Data Security and Integrity
The Company TreePlanters A.D applies reasonable policies and technical and organizational security policies to protect personal data and information from loss, misuse, alteration, or destruction.
In addition, we try to ensure that access to your personal data is limited to those who need to know about them. People who have access to the data are required to keep the data confidential.
Please be aware that the transmission of information over the Internet is not completely secure. While we make every effort to protect your personal data, we can not guarantee the security of the data transmitted to our site. After downloading your information, we will apply rigorous security procedures and operations to try to prevent unauthorized access.
We make every reasonable effort to keep the personal data we collect from you only for the period of time we need that data for the purpose for which it was collected or until requested to delete it (if this occurs earlier) unless we continue to keep them as provided in the applicable legislation.
We will only retain your personal information for as long as necessary to fulfill the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting obligations or resolving disputes.
How long do we keep your data?
We will retain your personal data for the period necessary to fulfill the purposes outlined in this Privacy Notice. The criteria used to determine our retention periods include:
(a) The length of time we have an ongoing relationship with you and provide our services to you (for example, for as long as you remain a registered user or for the time necessary to fulfill your request through our contact form)
(b) Whether there is a legal obligation to which we are subject (for example, certain laws require us to keep records of your transactions for a certain period of time)
(c) Whether retention is advisable considering our legal position (such as, for statutes of limitations, litigation, or regulatory investigations).
Your rights according to GDPR – art. 12-23
In general, you do not have to submit personal data TreePlanters A.D but we may ask you to provide it with some personal information in order to receive additional information about our services and our events. The Company TreePlanters A.D may also request your permission for certain uses of your personal data and you may either consent or deny these uses. If you want specific services or communications, such as an electronic newsletter, you will be able to unsubscribe from the relevant mailing list at any time by following the instructions contained in each communication or directly from our website. If you decide to unsubscribe from a service or communication, we will try to delete your data as soon as possible, although we may need some time and/or information before we can process your request.
Under the GDPR and relevant implementation acts, individuals have statutory rights related to their Personal Data. Please note that rights are not absolute and may be subject to conditions.
One key right is the Right to object. You have the right to object to the processing of your Personal Data where we are relying on legitimate interests as our legal basis (see above). Under certain circumstances, we may have compelling legitimate grounds that allow us to continue processing your Personal Data. Insofar as the processing of your Personal Data takes place for direct marketing purposes, including profiling for direct marketing, we will always honor your request.
As mentioned above in the “Cookies” section, if you wish to avoid detecting cookies as you browse our sites, you can set your browser to reject all cookies or notify you when a cookie is sent. Note, however, that some parts of our sites may not be able to function properly if you choose to refuse cookies.
Other rights are as follows:
Right to withdraw consent. Insofar as our processing of your Personal Data is based on your consent (see above), you have the right to withdraw consent at any time.
Right of access. You have the right to request access to your Personal Data. You have the right to request a copy of the personal data we hold for you (the term “Personal Data” as defined in the applicable law on the protection of personal data) and to revise and generally exercise any right provided by legislation on the protection of personal data. If you wish to submit a request or if you are concerned by any of the above, please contact us at www.treeplanters.club.
Right to rectification. You have the right to request rectification of the Personal Data that we hold about you.
Right to erasure. You have the right to request the erasure of your Personal Data. This enables you to ask us to delete or remove Personal Data in certain circumstances.
Right to restriction. You have the right to request the restriction of processing of your Personal Data.
Right to data portability. In some cases, you have the right to request to transfer your Personal Data to you or to a third party of your choice.
The exercise of the aforementioned rights is free of charge and can be carried out by submitting our Data Subject Access Request Form or contacting us at info@treeplanters.club
Before responding to your request, we will verify your identity and/or ask you to provide us with more information to respond to your request, if we have any doubts about your identity. We will do our best to respond to your request within one month unless your request is particularly complex (for example if your request concerns a large amount of sensitive data). In such a case, we will inform you of the need to extend this response time by two additional months.
Links to other websites
The websites of TreePlanters A.D may include links to other sites, including sites maintained by other members of TreePlanters A.D and which are governed by other privacy statements the content of which may differ from this Privacy Statement. Please review the privacy policy of each site you visit before submitting any personal data to it. While we try to provide links only to websites that share our high standards and respect for privacy, we are not responsible for the content, security, or privacy practices of other sites.
Providing professional services
Our relationships with customers are governed by our cooperation letters and general terms of trade, including the use of personal data we receive. The Company TreePlanters A.D provides services of various types and its role may not always be clear to the data subjects. However, TreePlanters A.D complies with its obligations under applicable European legislation on the protection of personal data and the applicable regulatory directives relating to the management of personal data.
Changes to this Statement
The Company TreePlanters A.D makes this Declaration a frequent review and may amend or revise it at periodic discretion. When we make any changes, we will record the date of the change or revision in the Statement. The updated Statement will apply to you and your information from that date. We encourage you to periodically review this Statement to consider whether there are any changes to the way we manage your personal data.
Contact us
If you have any questions, comments, or complaints about managing or protecting us from your personal data, or if you wish to modify your personal data or exercise any right as a data subject, please contact us at info@treeplanters.club