General Terms and Conditions (GTC) for the use of the online platform "Climagate" of Climagate Ltd.

1. scope of application and subject matter of the contract

  1. These General Terms and Conditions (hereinafter “GTC”) apply to the use of the online platform “Climagate” of Climagate Ltd (hereinafter “Climagate” or “Provider”).
  2. 2. Climagate offers an online platform for trading emission certificates. Companies can use the platform to sell or buy their emission rights to offset their CO2 emissions and improve their climate footprint.
  3. By registering on Climagate, the user accepts these GTC.

2. registration and use of the platform

  1. 1. registration is required to use the platform. Registration takes place by providing the required data and confirming the GTC.
  2. 2. the user is obliged to provide his data truthfully and completely. Changes are to be updated immediately in his user account.
  3. 3. the use of the platform is only permitted within the framework of the legal provisions and these GTC. The user undertakes not to misuse the platform and not to publish any content that violates applicable law or these GTC.
  4. 4. Climagate reserves the right to delete or block user accounts without giving reasons, especially in case of violation of these GTC.

3. conclusion of contracts and settlement of transactions

  1. 1. by placing offers on the platform, the user makes a binding offer to conclude a transaction.
  2. 2. a contract between users is only concluded by acceptance of the offer by the other user.
  3. 3. the settlement of transactions takes place directly between the users. Climagate is not responsible for the fulfillment of the obligations arising from the concluded contracts.
  4. 4. Climagate reserves the right to review and, if necessary, cancel transactions of users if they violate applicable law or these GTC.

4. prices and terms of payment

  1. 1. the prices for the emission certificates are based on the current market value. Climagate reserves the right to change prices at any time and without notice.
  2. 2. payment is made through the purchase of emission certificates on the C-Gate platform. Payment is made through one of the payment methods offered on the platform.

5. limitation of liability

  1. Climagate is only liable to the user for intent and gross negligence.
  2. 2. in case of slight negligence Climagate shall only be liable in case of breach of an essential contractual obligation (cardinal obligation). A cardinal obligation is an obligation, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance with which the user may rely.
  3. 3. liability for damages arising from injury to life, limb or health and under the Product Liability Act shall remain unaffected.
  4. 4. the limitations of liability shall also apply in favor of Climagate’s employees, representatives and vicarious agents.

6. data protection

  1. 1. climagate collects, processes and uses personal data of the user only within the framework of data protection regulations, in particular the EU Data Protection Regulation (DSGVO).
  2. 2. the personal data collected serve exclusively to fulfill the contractual relationship between Climagate and the user and to ensure the smooth use of the platform.
  3. 3. the user has the right to request information about his stored personal data at any time and, if necessary, to have it corrected or deleted.

7. final provisions

  1. Amendments or supplements to these GTC must be made in writing.
  2. 2. should individual provisions of these GTC be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The invalid or unenforceable provision shall be replaced by a provision that comes as close as possible to the purpose of the invalid or unenforceable provision.
  3. 3. the law of England and Wales shall apply. The place of jurisdiction is London, provided that the user is a merchant or has no general place of jurisdiction in Germany.
  4. Status 08/2023