Terms and conditions of use
These terms and conditions of use ("TCU") regulate the user’s use ("User") of the functions that, via the website https://motorverde.fundacionrepsol.com ("Website") offered by its owner, REPSOL IMPACTO SOCIAL, S.L.U. (“RIS”), a Spanish entity, with NIF B-88502927, registered address at C/Méndez Álvaro No. 44, 28045 Madrid (Spain).
1. General information
RIS is a company wholly owned by the Repsol Foundation that has developed, along with the company Grupo Sylvestris, S.L., a program called "Green Engine" whose objective is to develop carbon absorption projects both in Spain and Portugal ("Green Engine"), with the goal of covering a large area in the coming years.
Carbon absorption projects are based on the reforestation and afforestation of wasteland or land that has suffered previous fires, with the aim of regenerating these natural spaces with a triple positive impact for society ("Forests"). Forests located in Spain may be implemented and registered in the "Registry of Carbon Footprint, Offsets and Carbon Dioxide Absorption Projects under the Ministry for the Ecological Transition and the Demographic Challenge ("MITECO"), through the Spanish Office of Climate Change ("OECC") or undergoing the process of being registered in the aforementioned Registry.
As part of Green Engine, RIS has developed the Website as a technological tool to allow the User to calculate its carbon footprint and/or participate in the Forests through: (i) a voluntary economic contribution to different Forests in order to offset carbon emissions ("Mitigation Contribution") and, if applicable, (ii) the procurement of CO2 offset credits (the "Credit Procurement").
The present TCU apply to each and every one of the Website's uses made by the User. As a result, use of the RIS Website, as well as the contribution, acquisition, and/or contracting of any RIS or third-party product or service through the Website implies, in any case, prior reading and acceptance―by marking the corresponding box―of these TCU, which accompany the particular conditions of such specific function, product or service, and what is laid out in the Legal Notice (https://motorverde.fundacionrepsol.com/nota- legal.html), the Privacy Policy (https://motorverde.fundacionrepsol.com/privacy-policy.html), and the Cookies Policy (https://motorverde.fundacionrepsol.com/cookies-page.html) of the this Website. Once the User accepts these TCU, an electronic file will be generated as proof of contractual value, which will be electronically filed in the RIS files.
2. Objective and subjective scope
- Objective scope - The purpose of these TCU is to regulate any legal relationship originating from the use of the functions, product or service in particular, made available by RIS on the Website, with the understanding that the User accepts such TCU in accordance with the provisions of the preceding paragraph, without prejudice to the applicable regulations and the particular conditions established and applicable to each specific case. These will be made available to the User prior to formalizing the contract.
- Subjective scope - These TCU are for all Users who use of the Website, and may be natural persons―who must always be of legal age and have full capacity to act; if they are minors, the legal responsibility for their actions will be on the their parents or legal guardians, or legal entities, through their legal representatives authorized for this purpose. The User declares and guarantees they are authorized to register and act on behalf of the corresponding legal entity and have the capacity to link said organizations or entities.
3. Goal of the Website
The goal of the Website is:
- Publicize the Forests promoted by RIS within the framework of its corporate objective and as part of its commitment to sustainability, the environment, and the fight against climate change.
- Invite the User who wishes to calculate their carbon footprint: the User will be able to easily calculate the CO2 emissions from different activities ―different sources will be taken into account, such as the MITECO calculator and associated reports or Eurostat. Additionally, they will be provided with guidance and advice related to the activity they are calculating.
- Participate in Forests in Spain by:
3.1 A Mitigation Contribution
The User will be able to manage their request to contribute financially to a series of Forests in different parts of the Spanish national geographical area. In this regard, the User must take into account that their economic contribution to the Forests will be used to reforest, or assume the economic impact of what has already been reforested, of a part of the surface of the forest in question ―calculated automatically in square meters or natural units based on the amount contributed―, but it will not be considered as "offsetting" their carbon footprint as indicated by the regulations and/or applicable organizations, specifically by the OECC of MITECO, and will not confer to the User the right of ownership, usufruct, returns or any other prerogative over the project or its content; and
3.2 Carbon Credit Procurement
The User or legal entity that wants to acquire carbon credits (CO2 compensation rights) must comply with the following conditions:
- make a Mitigation Contribution through the Website, of an amount equal to or greater than TEN THOUSAND EUROS (€10,000) including VAT;
- provide evidence that they are in the process of registering or have already registered their carbon footprint with MITECO, and therefore, that they have or will have the CALCULA seal;
- submit a prior request to RIS via email -(participamotorverde@repsolimpactosocial.com) of their intention to make a Carbon Credit Procurement for the Forest in which they have made the Mitigation Contribution;
- comply with the third-party due diligence measures required by RIS;
- make the payment in a single transaction (subscriptions where the total amount is less than €10,000 including VAT are not accepted);
- This modality will not apply to Mitigation Contributions made prior to 10/04/2024, that is, it does not apply retroactively to the aforementioned date; and
- the carbon credit procurement contract must be signed and sent to RIS, once the Mitigation Contribution has been made through the Website.
This procurement will generate, on behalf of the User, the right to partially offset their CO2 emissions, enabling them to receive the "COMPENSO" seal granted by MITECO to entities voluntarily registered in the aforementioned registry.
For clarification purposes, the User may only acquire ex ante credits. Ex ante credits are equivalent to 18% of the total Mitigation Contribution equivalent in tons of CO2. The 18% ex ante credit allocation will be made on a one-time basis at the time of procurement.
4. Procedures:
4.1 Mitigation Contribution Procedure:
The Mitigation Contribution will be made through the Website, adjusting to the following procedure:
Selecting
Once the User has calculated the carbon footprint and/or chosen the Forest in which they wish to make the Mitigation Contribution, the User shall click on the corresponding icon that will redirect them to the summary page with the contribution detail, where they can double check all the information.
Registration on the Website
To manage your Mitigation Contribution, it is essential to complete the registration procedure as a Website User, which implies full and express acceptance of the Website's privacy policy. To complete the registration procedure, the User must follow the steps on their device, creating a personal and non-transferable password that will allow quick access to their personal details and their status as a User, without having to complete the procedure again, in the event you would like make another contribution in future via the Website. The User may modify their data provided at any time, accessing it through their password.
Mitigation Contribution Payment
Once registered, the User will have to show full and express acceptance of the TCU by clicking and then, they will be redirected to the payment gateway to make their Mitigation Contribution. In the payment gateway you will access a secure page where you can enter your payment details according to the chosen payment method (bank card, bizum, or bank transfer) and follow the steps indicated to finalize your contribution. RIS guarantees Users that all transactions made via the Website are totally secure, and they will never be charged additional or different amounts to those specified on the Website at the time of making the contribution or payment. Therefore, all information provided by the User while making a contribution, or payment, is computerized automatically, and the transmission of personal data takes place in a secure environment, with an online server that encrypts the information and prevents any access by unauthorized third parties.
RIS shall guarantee that the financial contributions made will be used for the reforestation of the pledged Forests or trees. No transactions will be made on the same kilos of CO2 in the Forests in which a User has previously participated.
RIS guarantees that no further transactions will be made on the Mitigation Contribution made by the User.
Mitigation Contribution Confirmation
Once the financial contribution has been made, the User will receive an e-mail with the invoice and another e-mail in which they can download a document with the contribution details.
In the event that a User does not make the payment in due time and form, their Mitigation Contribution will be canceled, and the issued documents mentioned in the previous paragraph will be canceled and will be reflected in the User's personal area.
4.2 Credit Procurement Procedure
Upon receipt of the confirmation of the Mitigation Contribution, if the User meets the conditions referred to in point 3.2, and is interested in making a Credit Procurement, they shall contact RIS via email (participamotorverde@repsolimpactosocial.com) indicating their intention to make a Credit Procurement in the Forest in which they have made the Mitigation Contribution. The User will receive an e-mail with the required information to initiate the credit procurement process. RIS shall receive all the documentation requested in said e-mail, as well as the procurement contract signed by the User or legal entity.
Once the procurement contract has been signed, RIS may proceed to offset the footprint of the User or legal entity before MITECO, making the relevant arrangements with the OECC on their behalf. In order to do so, it must receive all the necessary information from the User or legal entity to carry out the procedure.
5. Accrual of obligations
The Mitigation Contribution will not be binding until the User formalizes it in accordance with what is laid out in the previous procedure, as both parties will then be linked to the TCU application.
The acceptance by RIS of any Mitigation Contribution request made by the User will take effect, exclusively, from the moment they are received by RIS, as long as it takes place within the offer’s validity period and fulfilling these TCU requirements. In this regard, RIS may not accept a Mitigation Contribution, for the following reasons:
- When our security systems indicate that the contribution or payment may be fraudulent.
- When there are reasons that indicate the User is a minor.
- When the User has opted for payment by bank transfer and the transfer is not formalized in due time and form.
In cases 1 and 2, RIS will fully reimburse the amounts that have been paid by the User.
Prices, currency, taxes, and invoices
- Prices and rates - When making Forest Mitigation Contributions or for Credit Procurement, the User will expressly accept the amounts and associated information that are in force and published on the Website at that time. In the event of an error, in any of the characteristics, and the User has made a contribution or payment by mistake, they will be immediately informed of the error and the correct amount of the contribution of procurement, with the User having the right to terminate the contract if they wish.
- Currencies and rates – The amounts indicated on the Website will always be shown in euros, with VAT included.
- Invoice –RIS will send an electronic invoice to the email provided during registration on the Website. The invoice will be issued with the personal information (name and surname, company name, and CIF, NIF, or an equivalent document for the place of origin of the User) included in the registration form on the Website.
7. Right of withdrawal and other guarantees for the User or natural person
- What is it? - The User may exercise their right of withdrawal according to the terms laid out in the Law of Consumers and Users: this is the power that the User has as a natural person, final consumer, to nullify a contract entered into remotely, in certain cases, without the need for justification or any penalty.
- How to exercise it - To exercise the right of withdrawal, the User must notify RIS, at the email (participamotorverde@repsolimpactosocial.com), of their intention to withdraw within a period of fourteen (14) calendar days from the moment of finalizing the contribution.
- Exceptions - There are some exceptions to the right of withdrawal: in the event that what was contracted through the Website consisted of a provision of services, and if this has already been fulfilled or the procedure has been initiated, the User will lose their right to withdraw. Furthermore, the right to withdraw will be lost if the contract specific execution date or period.
- Guarantee – In accordance with what is laid out in Royal Legislative Decree 1/2007, of November 16, which approves the Text of the General Law for the Defense of Consumers and Users, RIS undertakes to deliver to the User that which is contracted through the Website, under the conditions described at the time of payment, as well as to respond to any lack of correspondence, with the User having the right to terminate the contract.
8. Warranty and responsibility of the User
- Guarantees - The User guarantees that all the data provided, both for identification purposes and for payment, is true. Furthermore, the User guarantees that they are the legitimate owner of the payment means, or that they have sufficient legal power when finalizing a payment on behalf of a legal person. In this sense, RIS reserves the right to initiate any legal action against the User.
- Responsibility for the information provided - The User is responsible for the data provided and, therefore, undertakes to assume any risk inherent in providing them through the Internet. Notwithstanding the foregoing, RIS uses all means at its disposal for to protect and guarantee the confidentiality thereof, for which RIS is exempt from any fraudulent use of said data by a third party.
9. Website availability and consultation hours
The Website will be available twenty-four (24) hours a day; however, your service may be interrupted to carry out maintenance. If you send us an email, we will respond between 9 a.m. to 6 p.m. (CET) on working days, with a maximum response time of fifteen (15) working days.
10. RIS Warranty and Responsibility
RIS guarantees the User who has made a Mitigation Contribution to a Forest or for the Credit Procurement, that it will be used for the reforestation of the Forest that has been selected by the User on the Website.
RIS will inform the User about the Forest selected by the User on the Website, with at least the following information: Forest information, type of project, location, area, as well as the estimated net absorption for the project's duration
In the event of any incident with the Forest chosen by the User, RIS may replace it with another one, informing the User in advance of said situation.
The responsibility of RIS in response to any claim is understood, in any case, to be limited to the reimbursement of the amount paid by the User for their contribution to the Forest whether it is a Mitigation Contribution or Credit Procurement. In this sense, and to the fullest extent permitted by law, RIS will not assume any responsibility for indirect damages, and, in particular, for any loss, damage or claim, responsibility, expense, penalty, consequential damage, loss of profits, or any another concept.
11. Intellectual property
All trademarks, trading names, or distinctive signs of any nature appearing on the Website (“Trademarks”) are the property of RIS or of third parties. The use or access of the Website Services do not attribute to the User any right over the aforementioned Trademarks. The Trademarks are subject to applicable industrial and intellectual property laws, and their reproduction or use without the owner’s permission is prohibited.
All Contents (including among others, data, texts, photographs, images, video, audio, graphics, articles, comments, software, code, scripts), including the Website itself, are the intellectual property of RIS or of third parties. In no case can it be understood that by virtue of what is established in these Terms and Conditions of Use, none of the exploitation rights that exist or may exist over the Contents have been transferred to you beyond what is strictly necessary for the proper use of the Website. The User agrees to not copy, imitate, or use the Content, in whole or in part, without prior written authorization from RIS.
If you consider that your legitimate rights have been infringed due to the introduction of certain content on the Website, you must report this issue to RIS, indicating:
- Your personal details. If the claim is lodged by a third party rather than the party concerned, this party must state who they are representing.
- The Content protected by the industrial or intellectual property rights and its location on the Website (indicating the URL).
- Accreditation of the aforementioned industrial or intellectual property rights.
- An express statement whereby the party concerned accepts responsibility for the veracity of the information provided in the notification.
Any mention of or reference to industrial property rights of third parties included on Website implies recognition by RIS of the corresponding industrial and intellectual property rights of the owners. Their inclusion or references on the Website does not imply the existence of any sponsorship or recommendation by the RIS of the referred Trademarks or Content. The legitimacy of the intellectual or industrial property rights corresponding to the Content supplied by third parties is the exclusive responsibility of the latter.
As the sole owner of the intellectual property rights of the Website as a whole, the exclusive exercising of its rights derived from it, and consequently, RIS is the only one that can authorize any activity derived from the exploitation rights; and in particular, the rights to reproduce, public communication, distribution, the right to make available to the public or the right to transform, whatever the format used.
12. Miscellaneous
- Language - The TCU are written in Spanish and translated to English and Portuguese, as are all the online formalization steps for any of the procedures indicated on the Website. The Spanish version shall have precedence over the translations in the event of any discrepancy between them.
- Modifications - RIS reserves the right to make any appropriate modifications to the TCU, without prior notice. Said modifications will be published on the Website, by any legally admissible way, and will be fully valid until they are modified by subsequent ones. However, despite any modifications by RIS, the Users will always be subject to version of the TCU that was in force when they made their contribution to a specific Project. The User may not modify these TCU, unless said modification is expressly accepted in writing by RIS.
- Validity - The validity of the rights and obligations contained in the TCU will be maintained during the time in which the Forest is available for contribution, and will continue, as far as applicable.
- Assignment of the contract - The contracts formalized between RIS and the Users are of a personal nature, as such, once formalized, they cannot be transferred to third parties.
- Unique conditions - RIS explicitly refuses to be submit to other conditions concerning the contributions of Users that do not conform to what is described in these TCU.
- Integrity - These TCU ―together with any particular conditions that may be applicable― and the Credit Procurement contract, if applicable, are considered a complete contract between RIS and the User, without the existence of additional terms, conditions, obligations, or clauses in relation to the content of other documents.
- Partial nullity – In the event that the nullity of any of the clauses contained herein is declared, the rest of the TCU will not be affected and will retain their full validity and application.
- Comments, claims, and complaint forms – Users may make any comment, complaint, suggestion, or claim through the different means indicated in the heading of these TCU—by mail or email.
13. Applicable law and jurisdiction.
- Applicable law - For the interpretation of these TCU, what is laid out in common Spanish legislation that may be applicable will be followed.
- Jurisdiction - The parties expressly submit to the jurisdiction of the Courts and Tribunals of the city of Madrid, to resolve any dispute related to the interpretation of these TCU.