Terms of Use

Welcome to Kuzuka Ltd.'s (“Kuzuka”, or “we” or “us” or “our”) marketplace for carbon offsets. Please read these terms (“Terms”) carefully. These Terms state the terms and conditions under which you may use this website, and/or purchase anything from Kuzuka. For the purposes of this agreement, "Offsets" means carbon emission reduction offsets or credits measured in metric tonnes of carbon dioxide gas, or in the case of methane or other greenhouse gases, of carbon dioxide equivalent tonnes, resulting from specific and identifiable actions. "Customer" (“you”, “your”) means anyone visiting the Kuzuka website and the person(s) or company whose order for Goods is accepted by Kuzuka. "Goods" means any goods or services which Kuzuka is to supply to the Customer. “Vendor” means the entity providing the Offsets to the Customer via the Kuzuka website. All orders are accepted by Kuzuka subject to and in accordance with these Terms which override and exclude any other terms stipulated or incorporated or referred to by the Customer during any negotiations or in any course of dealing between Kuzuka and the Customer. Kuzuka's Privacy Policy forms part of these Terms.

Your use of this web website or any calculators and directories contained therein constitutes your agreement to these Terms. These terms were last revised on December 2, 2008. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms at any time without further notice. If we do this, we will post the changes to these Terms on the Kuzuka website. Your continued use of the website after any such changes constitutes your acceptance of the revised Terms. If you do not agree with these terms and conditions then you are not authorized to use this website, and specifically not the calculators or directories provided within. You must comply with all policies regarding permitted and prohibited uses of Kuzuka. If you do not comply with these Terms at any time, we reserve the right to cancel or terminate your access to Kuzuka (or any part thereof) and/or your user account, if any.

In Kuzuka's sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the website including, but not limited to, (i) restricting the time the website is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user's right to use Kuzuka. Any third party sites that are linked to this website are not under Kuzuka's control. Kuzuka is not responsible for anything on the linked sites, including without limitation any content, links to other sites, any changes to those sites, or any policies those sites may have. Kuzuka provides links as a convenience only and such links do not imply any endorsement by Kuzuka of those sites.

Any third party sites that are linked to this website are not under Kuzuka's control. Kuzuka is not responsible for anything on the linked sites, including without limitation any content, links to other sites, any changes to those sites, or any policies those sites may have. Kuzuka provides links as a convenience only and such links do not imply any endorsement by Kuzuka of those sites.

2. Role and Responsibilities of Kuzuka and Vendors

2.1. Kuzuka is not a carbon offset retailer, but an on-line marketplace that facilitates the sale of carbon offsets between our Customers and Vendors, which are a network of leading carbon offset retailers from around the world.

2.2. Within the Kuzuka website, Kuzuka is responsible for maintaining the carbon calculators that are used to estimate a Customer's greenhouse gas emissions (see Section 4 of Terms). Kuzuka is also responsible for maintaining the directory of projects that are used to source carbon offsets from its Vendors (see Section 4.4). Upon receipt of notification that a Customer has purchased offsets from a Vendor, the Vendor is responsible for retiring or extinguishing the carbon offsets generated by those projects, or if necessary, in the event that offsets from those projects are not available at the time, by purchasing offsets in the market and then retiring or extinguishing them.

Depending on the Vendor, some Customer orders are placed directly between the Customer and Vendor - and some are placed between the Customer and Kuzuka, with Kuzuka in turn forwarding the orders to the Vendor. In either case, the Vendor is responsible for providing the Offsets. In either case, the terms of the sale that apply are those of the Vendor. Kuzuka is a facilitator only, and not the provider of the Offsets. If there is a conflict between the Vendor's terms and Kuzuka's Terms - as between the Customer and Kuzuka, the terms most favourable to Kuzuka will apply.

The following is a list of links to the terms and conditions of Vendors that are selling Offsets through Kuzuka. When a Customer purchases offsets through the Kuzuka website, Customers are encouraged to read the terms and conditions of the Vendor which is sourcing the Offsets:

  • 3Degrees Inc.
  • Carbon Balanced
  • Carbon Clear
  • Carbon Passport
  • Clear
  • Climact
  • Climat Mundi
  • co2balance
  • EcoNeutral
  • LivClean
  • Offset the Rest
  • Sustainable Travel International
  • Terra Pass
  • Tricorona Green

3. Payment Terms of the Agreement

3.1. All orders for Offsets and merchandise made to Canadian customers will be subject to 5% GST. All orders for merchandise made to residents of the province of Ontario will be subject to 8% PST.

3.2. Upon receipt of a valid order and payment, Kuzuka will send an automated email to the Offset Vendor specifying the Customer name, amount of Offsets purchased in metric tonnes of CO2 equivalent, specific projects or portfolios of projects that were purchased from, and any necessary financial information. The Vendor will then retire or extinguish the Offsets generated by those projects, or if necessary, in the event that Offsets from those projects are not available at the time, will purchase Offsets in the market and then retire or extinguish them. Orders are an offer to purchase Goods. For each transaction, the following information will be maintained in the main Kuzuka database: customer name, date of offset purchase, amount of offset purchase (in tonnes of CO2), Vendor name, and project/portfolio that offsets were purchased from.

3.3. You will receive a non-transferable certificate, sent by email, to demonstrate that the emissions will be offset. The certificate does not evince carbon neutrality or anything other than the retirement/extinguishment of the specified number of carbon emission reduction credits.

3.4. If Customer subscribes to a monthly payment plan and has requested pre-authorized payment, Customer expressly authorizes Kuzuka to charge Customer's credit card the amount of any charges due under the contract. This will constitute Kuzuka's sufficient authority for doing so. Customer represents and warrants that the credit card for which Customer has provided information to Kuzuka is in Customer's name, is valid and has not expired. Customer promises to promptly advise Kuzuka if Customer's credit card information changes due to its loss, theft, cancellation, expiry or other reason.

3.5. Monthly pre-authorized payment plans commence on the date Kuzuka receives Customer's confirmed order and continue until the end date specified at the signing of the payment plan (usually one calendar year). Customer may terminate this plan at any time upon 30 days notice to Kuzuka. Kuzuka may immediately terminate this plan if Customer fails to pay for Offsets or any other amounts payable to Kuzuka, Customer agrees that in the event of termination Customer shall pay Kuzuka for any Offsets retired on Customer's behalf prior to the termination date.

4. CO2 calculations and offset project directory

4.1. Kuzuka's emissions calculations are based on the best reasonably available information and are used to determine an appropriate amount of CO2 for carbon offset purposes.

4.2. The calculations are subject to regular annual review to reflect best practice at the time and may include any new information on the greenhouse gas emissions from air travel or other sources of emissions. If this information changes, Kuzuka holds no liability to offset any further emissions from previous transactions.

4.3. Kuzuka offsets emissions based solely upon figures provided by you and is not responsible for the offset of any CO2 emitted from products, services or processes outside the scope of those agreed or as a result of errors in your reporting or calculations.

4.4. Kuzuka's directory of offset projects and portfolios and associated summary documents is based on reasonably available information from a variety of external sources. While Kuzuka has worked hard to obtain project information from only credible sources, we are fully dependent upon these external sources for the accuracy and timeliness of the information. We accept no liability for the content of the project and portfolio information contained on Kuzuka, including the directory, summary sheets, or any other part of the website.

5. Sales

5.1. All Goods that are not Offsets will be delivered according to the shipping options outlined in the Kuzuka Shipping and Returns Policy. Where a product is out of stock and these delivery timelines cannot be met, you will be informed and an estimated date of delivery will be provided. Kuzuka will not be responsible for any delays or losses during the shipment process.

5.2. Price and availability are subject to change without notice.

5.3. Kuzuka reserves the right to limit quantities.

5.4. The currency of all prices and transactions on Kuzuka.com are in US Dollars.

5.5. Offsets and other Goods (other than Offsets) can be returned hassle-free within 10 business days of the original invoice date. Goods must be unused, undamaged, and in original packaging for a full refund. Kuzuka will only issue refunds beyond this time frame at our own discretion and in exceptional circumstances. Shipping expenses incurred returning Goods shall be borne by the Customer, except in circumstances where a shipment error occurred, in which case return shipping expenses will be borne by Kuzuka. Kuzuka retains the right to assess the condition of returned Goods.

5.6. Certain portions, content and features of the Kuzuka website are only available to individuals who register with Kuzuka and create a user account. Customers must:

(i) Provide true, accurate, current and complete information about yourself as prompted by any registration form(s) on Kuzuka. If you provide any information that is untrue or inaccurate, Kuzuka may suspend or terminate your account and refuse any and all current or future use of Kuzuka.

(ii) Registered Users will receive a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the account and password (including changing the password as prudent and making it a strong password) and are fully responsible for all activities that occur under your password or account. You agree to immediately notify Kuzuka of any unauthorized use of your password or account or any other breach of security.

6. Intellectual Property

The contents of this website are owned by and copyrighted by Kuzuka and its suppliers and may contain trademarks of Kuzuka or others. You may print or copy portions of this website for your own use only - provided that all copyright and trademark provisions contained on the website remain intact. Unauthorized use of any portion of this website beyond that contained in this paragraph may violate copyright, trademark and other laws.

7. Legal Construction, Force Majeure, and Exports

7.1. While Kuzuka uses reasonable efforts to maintain this website in an up-to-date fashion, it does not warrant the completeness, timeliness or accuracy of any information contained on this website, and may make changes thereto at any time in its sole discretion without notice. All information contained herein is provided to users “as is”. This website is intended to supply general education information only, and not specific environmental or personal advice. This website is not intended to be used as a substitute for any kind of professional advice

In no event is Kuzuka or any third party mentioned on the website liable for any damages whatsoever (including, without limitation, direct, incidental or consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the Goods, the Offsets, the use of or inability to use this website, the reliability of the Internet, or the material contained on the website, whether based on warranty, contract, tort, negligence, strict liability, operation of law, or any other legal theory, and whether or not Kuzuka is advised of the possibility of such damages.

Kuzuka disclaims all warranties or conditions, express or implied, in respect of any information on or the use of this website, including any implied warranties or conditions of fitness for a particular purpose, merchantability and noninfringement.

You acknowledge that Kuzuka has set its prices created this website, and provides the Goods in reliance on the limitations of liability and disclaimers of warranties and damages set forth herein, and that the same form a fundamental and essential basis of the bargain between the parties. They shall apply even if the contract between you and Kuzuka is found to have failed in its fundamental or essential purpose or has been fundamentally breached.

7.2. Kuzuka is headquartered in the Province of Ontario, Canada. Kuzuka can be accessed within Canada and from other countries around the world. As each of these jurisdictions have laws that may differ from those of the Province of Ontario. By accessing Kuzuka, you agree that all matters relating to Kuzuka are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein excluding any conflicts of law provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods. Any legal action against Kuzuka shall take place in the courts of the Province of Ontario. The parties attorn to the non-exclusive jurisdiction of the courts of Ontario.

7.3. Kuzuka is not liable to the Customer in any manner or be deemed to be in breach of these Terms because of any delay in performing or any failure to perform any of Kuzuka's obligations under these Terms if the delay or failure was due to any cause beyond Kuzuka's reasonable control (which shall include, but not be limited to government actions, changing laws or regulations, war, fire, explosion, flood, acts of terrorism, import or export regulations or embargoes, labor disputes or inability to obtain or a delay in obtaining supplies of Goods or labor). Kuzuka may, at its option, delay the performance of, or cancel the whole or any part of a contract.

Kuzuka tries to provide accurate information on this website, but errors may occur. Kuzuka reserves the right to change the prices of Goods available through the website without any notice or liability. Kuzuka cannot guarantee Goods advertised on the website will be available when ordered or thereafter. Kuzuka reserves the right at any time to reject, correct, cancel or terminate any order for any reason whatsoever. If you order Goods for which the price was incorrectly displayed, Kuzuka will provide you with an opportunity to place an order at the correct price. If you order Goods that are not available, Kuzuka will notify you by email, the order will not be accepted, and a full refund will be processed. Kuzuka reserves the right to limit quantities sold. Nothing on the website is an offer to sell. Your properly completed and delivered order form is your offer to purchase the Goods in your order. Your order is deemed accepted only if and when Kuzuka sends both an order acceptance, and shipment or confirmation notice email to your email address.

7.4. Customers are responsible at their expense for obtaining any license and complying with any export regulations in force within this country and the country for which goods are destined.

7.5.Kuzuka may be contacted at:

Phone: (519) 235-6250
Email

KUZUKA Ltd. | 38 John Street East, Box 337, Exeter, Ontario, Canada N0M 1S6 | Phone: (519) 235-6250 Fax: (519) 235-4040 | Email