Terms and conditions of use
These terms and conditions of use ("TCU") regulate the user’s use ("User"or "Users") of the functions that, via the website https://motorverde.fundacionrepsol.com ("Website") offered by its owner, REPSOL IMPACTO SOCIAL, S.L.U. (“RIS”, “Holder” or “Us”), 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 offsetting projects both in Spain and Portugal, based on reforestation and afforestation.
The Green Engine project will cover seventeen (17) Spanish regions, working on over 140,000 hectares over the the next five (5) years, making the commitment to carbon offsetting in Spain a competitive, profitable, and economic activity, with a triple social impact.
As part of the Green Engine project, RIS has developed the Website as a technological tool designed to allow the User to calculate their carbon footprint and, if they want to, manage their request for a voluntary contribution to different reforestation projects, to help reduce carbon emissions.
2. Objective, subjective, and material scope
- Objective scope - The purpose of these TCU is to regulate any legal relationship originating from the use of any functions made available by RIS on the Website, understanding that the User accepts the TCU from the moment the transaction is carried out, without prejudice to the applicable regulations and the particular conditions that are established, and applicable to each specific case. These will 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 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 two-fold:
i) Publicize various reforestation projects promoted by RIS within the framework of its corporate objective (“Projects”), and as part of its commitment to sustainability, the environment, and the fight against climate change.
(ii) Invite the User who wishes to calculate their carbon footprint and manage their request for a voluntary contribution, to reforestation Projects in order to enable the reduction of carbon emissions, all as described below:
- Calculation of their carbon footprint—The User will be able to easily calculate the CO2 emissions from different activities of their daily life—different sources will be taken into account, such as the Spanish government's Ministry for the Ecological Transition and the Demographic Challenge calculator, and associated reports or Eurostat. Additionally, they will be provided with tips and advice related to the activity they are calculating.
- Contribution to reforestation projects—The User may contribute financially to a series of reforestation projects in different parts of the country.
- Projects may be carried out and registered in the Footprint, Offsets, and CO2 Absorption Projects registry or in the process of being registered in said registry. In this regard, the User must take into account that their economic contribution to the Projects will be used to reforest, or assume the economic impact of what has already been reforested, of a part 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, in the Footprint, Offsets, and CO2 Absorption Projects registry, and will not confer the User the right of ownership, usufruct, returns or any other prerogative over the Project or its content.
- It must be taken into account that today, only legal entities can calculate their carbon footprint in the Footprint, Offsets, and CO2 Absorption Projects registry and, where appropriate, acquire a CO2 absorption project or CO2 offsetting rights, to subsequently, if they decide to, offset their carbon footprint in the aforementioned registry.
4. Proyect contribution procedure
The contribution to Projects through the Website will be adjusted to the following procedure:
- Project Selection – Once their carbon footprint has been calculated as described above, the User will be invited to contribute financially to one of the current reforestation Projects shown on the Website. Once the Project they wish to contribute to has been selected, by clicking on the corresponding icon, the User will be redirected to its project page, where they will be able to:
- Confirm the amount they wish to contribute—calculated automatically based on the their carbon footprint calculation—or they can modify the amount.
- Know the relevant information about the selected Project.
- Know the benefits of their contribution.
- Browse details of the selected Project.
- Know which official organizations support the selected Project.
- Recalculate their carbon footprint.
- Explore other Projects.
- Selecting the contribution – Having consulted the detailed information about the Project, the User must click on the corresponding icon with the legend “Contribute to this project”; once this is done, you will be redirected to the summary page of the contribution you are about to make, where you can double check all the information.
- Payment – Once registered, the User will have to show full and express acceptance of the TCU and, then, the will be redirected to the payment gateway to make their contribution. In the payment gateway, you will access a secure page where you can enter your payment details; you must 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 payment. Our online shopping software is totally safe; all information provided by the User while making a 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.
- Confirmation – Once the contribution has been made, the User will be sent an email with the details of their contribution, along with a thank you message and an invitation to learn about other Projects.
5. Accrual of obligations
The invitation to the User to contribute to Projects through the RIS Website will not be binding until the User formalizes it, in accordance with the what is laid out in the previous section, as both parties are will then be linked to the TCU application. The acceptance by RIS of any 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 the established requirements. RIS may not accept a confirmed contribution, for the following reasons:
- When our security systems indicate that the contribution may be fraudulent.
- When there are reasons that indicate the User is a minor.
In these cases, RIS will fully reimburse the amounts that have been paid by the User.
6. Prices, currency, taxes and invoices
- Prices and rates – When making contributions to Projects, 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 a an error, in any of the characteristics, and the User has made a contribution by mistake, they will be immediately informed of the error and the correct amount of the contribution; the User has 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 or other taxes such as IGIC (General Indirect Canary Islands tax, included or exempt as appropriate.
- Invoice – When the User wishes to, RIS will send an electronic invoice to the email provided during registration 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 in the heading of these TCU, 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: in the event that what was contracted 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 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.
10. RIS Warranty and resposibility
RIS guarantees the User who has made a contribution to a Project, that it will be used for the reforestation of the forest in question, in relation to the corresponding Project that has been selected by the User on the Website . Consequently, in no case will the area of the forest in question—calculated automatically in square meters or natural units based on the amount contributed—in relation to the corresponding Project, be used to offset the carbon footprint of any entity, when sufficient contributions have been made by different Users to cover the total cost of the Project; it will be removed from the Footprint, Offsets, and CO2 Absorption Projects registry.
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 Project. 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.
12. Intellectual property
All trademarks, trading names or distinctive signs of any nature appearing on Website (“Trademarks”) are the property of RIS or of third parties, the use or access of the Website Services not attributing to you any right over the aforementioned Trademarks. The Trademarks 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.
- Language - The TCU are written in Spanish, as are all the online formalization steps for any of the procedures indicated on the Website.
- 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 of use of the contribution made for the specific Project, and will continue to apply, where appropriate, after the execution of each specific contract.
- 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 submit to other conditions concerning the purchases 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—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.
14. 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, for resolve any dispute related to the interpretation of these TCU.