Terms and Conditions

Welcome to Carbon Balance’s Services (defined below). If you (i) are visiting Carbon Balance’s website located at https://carbonbalance.co/ (the “Site”) or (ii) if you have downloaded and/or embedded our proprietary ecommerce plugin, application programming interface, or related software for online merchants (collectively, the “Services”), then please read these Merchant Terms of Service (these “Terms”) carefully because they govern your use of such Services. To make these Terms easier to read, the terms “Carbon Balance,” “we,” “our,” and “us” include Carbon Balance Pte. Ltd., and the terms “you” and “your” refer to you and any organization that you are acting on behalf of in subscribing to the Services.

These terms and conditions apply to your use of our Services. By using the Services, you agree to these terms and conditions in full. You must not use the Services if you disagree with any part of these terms and conditions.

Section 1 – Definitions.

“Aggregate Data” means any data that is derived or aggregated in identified form from (i) Your Data; or (ii) you and your Authorized Users’ use of the Services, including, without limitation, any usage data or trends with respect to the Services and their component features and functionalities, in each case in anonymized form.
“Authorized User” means any employee or contractor that (i) you authorize to Use the Services for purposes of operating and maintaining the Services and (ii) signs up for an account to Use the Services in accordance with Carbon Balance’s then-current account registration procedures.
“End User” means an end-user consumer of your products.

“Person” means any individual, corporation, partnership, trust, limited liability company, association, governmental authority or other entity.

“Other Services Agreement” means a separate, duly-executed agreement between you and Carbon Balance granting you the right to access and/or use the Services, as applicable.
“Use” means to use, access and/or operate the Services in accordance with these Terms and any instructions provided to you by Carbon Balance.
“Services” shall have the meaning set forth in Section 2(1) below.
“Your Data” means all information, data, and other content, in any form or medium, that is submitted, posted, collected, transmitted or otherwise provided by or on behalf of you or any Authorized User to Carbon Balance in connection with your and your Authorized Users’ use of the Services.

Section 2- Description of the Service; Access and Use.

Description of the Services. Carbon Balance provides brands with the ability, via its online technology platform, to leverage their sustainability story across customer experiences. The Services specifically provided by Carbon Balance are designed to enable End Users or you, as applicable via Carbon Balance’s online technology platform, to approximate carbon emissions for each transaction and to enable End Users or you, as applicable, to contribute additional monies toward each transaction based on such estimate (e.g., “reduce my carbon footprint for $ XX”). Such additional monies would be used by Carbon Balance to apply existing or later-obtained carbon credits to help offset the carbon footprint of each transaction. Such contributions by End Users or you, shall be applied to either a specific project of your choosing or to another project or a group of projects as reasonably determined by Carbon Balance, in Carbon Balance’s sole discretion (e.g., your contribution helped provide clean cookstoves for women to use for cooking instead of burning wood preventing deforestation and also the release of harmful Greenhouse Gas (GHG) emissions).
Provision of Access. Subject to the terms and conditions of these Terms, Carbon Balance hereby grants you a worldwide, non-exclusive, non-transferable (except in compliance with Section 13(9)), non-sublicensable right to Use the Services; provided that you (i) sign up for an account to Use the Services in accordance with Carbon Balance’s then complete account registration procedures; and (ii) strictly comply with the restrictions set forth in Section 2(3). You have the right to permit Authorized Users to Use the Services on your behalf in accordance with these Terms, provided, however, that you will remain fully and directly liable to Carbon Balance for any and all use of the Services by Authorized Users as if such use was by you under these Terms.
Use Restrictions. You will not use the Services for any purposes beyond the scope of the rights granted in these Terms. You will not (and will not attempt to) at any time, directly or indirectly, and will not permit any Person (including, without limitation, your Authorized Users) to: (i) modify or create derivative works of the Services, in whole or in part; (ii) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain improper access to any software component of the Services, in whole or in part; (iii) sell, resell, rent or lease the use of the Services to any other Person, or otherwise allow any Person to use the Services for any purpose other than for your benefit in accordance with these Terms; (iv) use the Services to store, transmit or post any infringing, libelous or otherwise unlawful or tortious material or any data (including, without limitation any of Your Data) for which you do not have the necessary consents or rights to provide via the Services; (v) interfere with, or disrupt the integrity or performance of, the Services, or any data or content contained therein or transmitted thereby; (vi) access or search the Services (or download any data or content contained therein or transmitted thereby) through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers or any other similar data mining tools) other than software or Services features provided by Carbon Balance for use expressly for such purposes; or (vii) use the Services or any of Carbon Balance’s Confidential Information for benchmarking or competitive analysis with respect to competitive or related products or services, or to develop, commercialize, license or sell any product, service or technology that could, directly or indirectly, compete with the Services.
Reservation of Rights. Nothing in these Terms or the performance thereof will operate to grant you any right, title or interest, whether by implication, estoppel or otherwise, in or to the Services (or any intellectual property rights therein), other than as expressly set forth in these Terms. As between the Parties, Carbon Balance will exclusively own all rights, title and interest in and to the Services and all improvements, modifications or derivative works thereof (and all intellectual property rights in any of the foregoing). All intellectual property rights created in any such improvements, modifications and derivative works of the Services will vest solely in Carbon Balance upon creation. To the extent that sole ownership does not originally vest in Carbon Balance, such intellectual property rights are automatically and irrevocably assigned by you (and your Authorized Users) to Carbon Balance. Each party hereby expressly reserves all intellectual property rights not expressly granted hereunder.

Section 3 – Fees and Payment.

Fees. You (or the End User, if mutually agreed by you and us) will pay Carbon Balance all fees charged by Carbon Balance as provided by Carbon Balance to you in connection with your carbon offset transaction (“Fees”) as follows: (i) the amounts charged for the purchase by Carbon Balance of applicable carbon offsets (“Carbon Offset Purchase Amount”), (ii) the transaction fees as solely determined by Carbon Balance based on the market or the structure of fee coverage) we charge for the use of the Services (“Transaction Fees”), and (iii) any brokerage-related transaction fees which we pass on to you or the End User. We will use our commercially reasonable efforts to provide you with a good-faith estimate of the Fees in advance upon your reasonable written request, provided that you agree, such a good-faith estimate is only an estimate and not a guarantee of the Fees. You understand and acknowledge that Carbon Balance may act as a principal in purchasing carbon offsets on your or End User’s behalf. In such cases, as principal, Carbon Balance is solely assuming the financial risk of such transactions. Accordingly, the details of such purchases will not be disclosed to you, nor will Carbon Balance pass on to you any loss or profit retained by Carbon Balance in connection with each such principal transaction, nor are such purchases subject to reconciliation or audit by you or third parties. All Fees are non-refundable and payable in U.S. dollars or any other currency that may be communicated to you by us. Except as otherwise communicated to you by us, Fees will be charged automatically to the bank account or credit card information you provide us through the Services. Carbon Balance may ask you to supply additional information relevant to initiating the transaction, including your bank account information, credit card number, the expiration date of your credit card, and/or your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. You hereby authorize us to initiate all payment transactions for Fees using your applicable Payment Information when such Fees are due. You also authorize us to provide your Payment Information to third parties so we can complete your transaction. You may need to provide additional information to verify your identity before completing your transaction (such information is included within the definition of Payment Information). By initiating a transaction, you agree to the pricing, payment and billing policies applicable to such fees and charges as posted or otherwise communicated. Any and all Fees hereunder that are not paid to Carbon Balance when due will accrue interest at a rate of 1.5% per month, or the maximum rate permitted by law, whichever is greater. You will reimburse Carbon Balance for all reasonable costs and expenses incurred (including reasonable attorneys’ fees) in collecting overdue amounts.
Taxes. All Fees and other amounts payable to Carbon Balance hereunder do not include any sales, use, value-added or other applicable taxes, tariffs or duties excluding any Taxes based on Carbon Balance’s net income
Certificate of Carbon Offsets. Upon request, Carbon Balance will provide a certificate stating reasonable information relating to the carbon offsets applied based on your Carbon Offset Purchase Amount.

Section 4- Confidential Information.

From time to time in connection with these Terms, we may disclose or make available to you or your Authorized Users information about our business affairs, products, customers, confidential intellectual property, trade secrets, third-party confidential information, and other sensitive or proprietary information, whether orally or in written, electronic, or other form or media/in written or electronic form or media, and whether or not marked, designated or otherwise identified as “confidential” (collectively, “Confidential Information”). Confidential Information does not include information that, at the time of disclosure, is: (a) in the public domain; (b) known to you at the time of disclosure; (c) rightfully obtained by you on a non-confidential basis from a third party; or (d) independently developed by you. You shall not use, transfer or disclose our Confidential Information to any person or entity except to your employees, directors, officers, members, consultants, contractors, attorneys, advisors and agents who have a need to know the Confidential Information for you to exercise your rights or perform your obligations hereunder, and who are bound by obligations of confidentiality to you. Notwithstanding the foregoing, you may disclose Confidential Information to the limited extent required to comply with the order of a court or other governmental body or as otherwise necessary to comply with applicable law, provided that you have first given written notice to the Carbon Balance and made a reasonable effort to obtain a protective order. On the expiration or termination of these Terms, you shall, at Carbon Balance’s option, either (A) promptly return us all copies, whether in written, electronic, or other form or media, of our Confidential Information or (B) destroy all such copies and certify in writing to Carbon Balance that such Confidential Information has been destroyed. Your obligations of non-disclosure with respect to any of our Confidential Information will expire five years from the date such Confidential Information was first disclosed to you; provided, however, with respect to any Confidential Information that constitutes a trade secret (as determined under applicable law), such obligations of non-disclosure will survive the termination or expiration of these Terms for as long as such Confidential Information remains subject to trade secret protection under applicable law.

Section 5- Policies.

You hereby acknowledge that you have reviewed and agreed to Carbon Balance’s Privacy Policy at https://carbonbalance.co/privacy/ (“Privacy Policy”). Such policies are hereby incorporated into and are hereby deemed a part of these Terms, binding upon you, and you Authorized Users with respect to your and their Use of the Services in connection with these Terms.

Section 6- Feedback.

From time to time you or your Authorized Users may provide Carbon Balance with suggestions, comments and feedback concerning the Services (collectively, “Feedback”). You, on behalf of yourself and your Authorized Users, hereby grant Carbon Balance a perpetual, irrevocable, royalty-free and fully paid up license to use and exploit all Feedback in connection with Carbon Balance’s business purposes, including, without limitation, the testing, development, maintenance and improvement of the Services.

Section 7- Data.

As between you and Carbon Balance and except as set forth in Section 7(2), you will own and retain all right, title and interest in and to all Your Data.
You hereby grant Carbon Balance (i) a non-exclusive, worldwide, royalty-free right and license to use, host, reproduce, display, perform, modify and make derivative works of Your Data in connection with Carbon Balance’s business purposes, including the hosting, operation, improvement and provision of the Services and Carbon Balance’s other products and services, during the Term; and (ii) a non-exclusive, worldwide, royalty-free, perpetual, irrevocable right and license to use, reproduce, distribute, display, perform, modify, make derivative works of and otherwise exploit all Aggregate Data in connection Carbon Balance’s business purposes. Carbon Balance may also use Your Data to communicate with you regarding or in connection with the Services, and as otherwise permitted by our Privacy Policy.
You hereby represent, warrant and covenant to Carbon Balance that you have obtained and will obtain all necessary consents with respect to any and all of Your Data hosted, collected, stored or transmitted through the Services to the extent necessary (i) for you and Carbon Balance to comply with all applicable laws, rules and regulations including, without limitation, all applicable data protection and privacy laws; and (ii) for you to grant the licenses contemplated by Section 7(2).

Section 8- Representations and Warranties.

Each party hereby represents and warrants to the other party that: (a) it is duly organized, validly existing and in good standing under its jurisdiction of organization and has the right to enter into these Terms and (b) the execution, delivery and performance of these Terms and the consummation of the transactions contemplated hereby are within the corporate powers of such party and have been duly authorized by all necessary corporate action on the part of such party, and constitute a valid and binding agreement of such party.

Section 9 – Disclaimers.

SERVICES DISCLAIMER AND LIMITATION OF WARRANTIES. EXCEPT AS EXPRESSLY SET FORTH HEREIN, INCLUDING SECTION 8 ABOVE, YOU ACKNOWLEDGE THAT THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS, AND CARBON BALANCE MAKES NO WARRANTIES OR REPRESENTATIONS TO YOU, YOUR AUTHORIZED USERS OR TO ANY OTHER PERSON REGARDING THE SERVICES OR ANY OTHER SERVICES PROVIDED HEREUNDER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CARBON BALANCE HEREBY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, CARBON BALANCE HEREBY DISCLAIMS ANY WARRANTY THAT USE OF THE SERVICES WILL BE ERROR-FREE, BUG-FREE OR UNINTERRUPTED. THIS LIMITATION OF WARRANTIES MAY NOT BE VALID IN ALL JURISDICTIONS AND WHERE IT IS NOT VALID THE LIMITATION OF WARRANTIES SHALL NOT APPLY.
CARBON OFFSET CALCULATION AND BENEFITS DISCLAIMER. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, INCLUDING SECTION 8 ABOVE, CARBON BALANCE MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO OR IN CONNECTION WITH ANY CARBON OFFSET AMOUNTS, ASSOCIATED ENVIRONMENTAL OR OTHER BENEFITS, OR TO THE ACCURACY OR INTEGRITY OF CARBON BALANCE’S CALCULATION OF ANY CARBON OFFSETS, INCLUDING AS IT RELATES OR CORRESPONDS TO YOUR CARBON OFFSET PURCHASE AMOUNTS. ALL CARBON OFFSET EMISSIONS CALCULATIONS ARE ESTIMATES ONLY. NO CARBON OFFSETS OBTAINED BY CARBON BALANCE ARE ATTRIBUTED TO ANY SPECIFIC AUTHORIZED USER OR END USER. THE ACTUAL AMOUNT OF CARBON OFFSETTED IN CONNECTION WITH EACH OF YOUR CARBON OFFSET PURCHASE AMOUNTS MAY VARY, AND MAY NOT CORRESPOND ENTIRELY OR DIRECTLY TO SUCH CARBON OFFSET PURCHASE AMOUNTS.
CARBON OFFSET PURCHASE TIMING DISCLAIMER. EXCEPT AS EXPRESSLY SET FORTH HEREIN, INCLUDING SECTION 8 ABOVE, CARBON BALANCE MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE TIMING OF ITS PURCHASE OR PROCUREMENT OF ANY CARBON OFFSETS OR ASSOCIATED CREDITS, INCLUDING IN CONNECTION WITH YOUR CARBON OFFSET PURCHASE AMOUNTS. CARBON BALANCE MAY, IN ITS DISCRETION, OBTAIN APPLICABLE CARBON OFFSETS IN THE FUTURE, BUT NOT MORE THAN TWO (2) YEARS FROM YOUR PURCHASE OF SUCH CARBON OFFSET, FOR CARBON OFFSET PURCHASE AMOUNTS YOU MAKE NOW, IN CARBON BALANCE’S DISCRETION (INCLUDING AS A RESULT OF ANY DELAYS IN AVAILABILITY OF CARBON OFFSET CREDITS OR OTHERWISE).
CARBON OFFSET PROGRAM/PROJECT DISCLAIMER. CARBON BALANCE MAY, IN ITS DISCRETION, SELECT OR CHANGE THE PROJECT OR PROGRAM FROM WHICH IT OBTAINS CARBON OFFSET CREDITS, WHICH MAY VARY FROM ANY SUCH PROJECTS OR PROGRAMS REQUESTED BY YOU. By way of example, if a particular carbon offset project or program you request is not fully funded, or if it is fully funded but Carbon Balance has not confirmed the same (including as displayed through the Services), Carbon Balance may obtain and purchase carbon offsets from a different project or program, such as one with a similar cost and environmental impact-profile, in Carbon Balance’s discretion.

Section 10 – Limitations of Liability.

Limitations of Liability.
1. Exclusion of Damages. IN NO EVENT WILL CARBON BALANCE BE LIABLE TO YOU, YOUR AUTHORIZED USERS OR ANY OTHER PERSON FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF INCOME, DATA, PROFITS, REVENUE OR BUSINESS INTERRUPTION, OR THE COST OF SUBSTITUTE SERVICES OR OTHER ECONOMIC LOSS, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE PROVISION OF THE SERVICES, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
2. Total Liability. IN NO EVENT WILL CARBON BALANCE’s TOTAL LIABILITY TO YOU, YOUR AUTHORIZED USERS OR ANY OTHER PERSON IN CONNECTION WITH THESE TERMS OR THE PROVISION OF THE SERVICES EXCEED THE TOTAL AMOUNTS ACTUALLY RECEIVED AND RETAINED THEREAFTER BY CARBON BALANCE IN THE THREE (3) MONTHS PERIOD PRECEDING THE CLAIM OR ACTION GIVING RISE TO SUCH LIABILITY.

Section 11- Term and Termination.

Term. The term of these Terms begins on the Effective Date and, unless terminated earlier pursuant to these Terms, will continue in effect until (i) any Other Services Agreement terminates or expires, if you have duly-executed an Other Services Agreement with Carbon Balance, or otherwise (ii) until these Terms are terminated in accordance herewith or you remove all Services from your systems and cease access and use thereof.
Termination. Without limiting any right or remedy available to either party, either party may terminate these Terms, effective on written notice to the other party, if the other party materially breaches these Terms, and such breach: (A) is incapable of cure; or (B) being capable of cure, remains uncured ten (10) days after the non-breaching party provides the breaching party with written notice of such breach. Additionally, Carbon Balance may suspend access to the Services (or a portion thereof) or terminate these Terms at any time with written notice to you. Such notice shall be provided at least 15 days prior to termination of service.
Survival. This Section 11(3) and Sections 1, 2(3), 2(4), 3, 4, 5, 7, 8, 9, 10, 11 and 13 survive any termination or expiration of these Terms.

Section 12- Trademarks and Co-Branding.

You hereby grant Carbon Balance a limited, non-exclusive, irrevocable, royalty-free license to use and display your name, designated trademarks and associated logos (“Your Marks”) during the Term in connection with (i) the hosting, operation and maintenance of the Services; and (ii) Carbon Balance’s marketing and promotional efforts for its products and services, including by publicly naming you as a customer of Carbon Balance. All goodwill and improved reputation generated by Carbon Balance’s use of Your Marks inures to your sole and exclusive benefit.
Carbon Balance will use Your Marks in accordance with any reasonable written standards as you provide in writing. Carbon Balance will not challenge, contest or interfere with the validity of Your Marks in any manner.
In connection with your access to and use of the Services, you agree to include limited “co-branding” with Carbon Balance on your ecommerce website and all subpages with which the Services will be integrated (“Supported Web pages”), including on the initial checkout page, shopping cart page, and all related subpages where the Services will be available to End Users, by stating such Supported Webpages are “powered by Carbon Balance” or such other co-branding as mutually agreed to by the parties in writing. Carbon Balance hereby grants you a revocable, limited, non-exclusive, royalty-free, revocable license to display Carbon Balance’s name and designated trademarks and logos (the “Carbon Balance Marks”) during the term of these Terms in connection with approved co-branding of the Supported Web pages pursuant to this Section. All goodwill and improved reputation generated by your use of the Carbon Balance Marks inure to the exclusive benefit of Carbon Balance. You will use the Carbon Balance Marks in the form stipulated by Carbon Balance and will conform to and observe such standards as Carbon Balance prescribes from time to time in connection with the license to the Carbon Balance Marks granted hereunder and you will not challenge, contest or interfere with the validity of the Carbon Balance Marks in any manner. Your compliance with this Section, including display of the Carbon Balance Marks on Supported Webpages as set forth herein, is a material obligation under and essential for the purpose of these Terms, and your failure to comply with the foregoing will constitute an incurable material breach for which Carbon Balance may, in its discretion, immediately terminate these Terms.

Section 13 – Miscellaneous.

Entire Agreement. These Terms, together with any Other Services Agreement, order forms, or other documents incorporated herein by reference, are the complete and exclusive agreement between the parties with respect to its subject matter and supersedes all prior or contemporaneous agreements, communications and understandings, both written and oral, with respect to its subject matter. These Terms may be amended or modified only by a written document executed by duly authorized representatives of the parties. In the event of a conflict or inconsistency between these Terms and an Other Services Agreement, the Other Services Agreement will govern and control.
Non-Disparagement. During the term of these Terms and for one (1) year thereafter, you will not do any act, make or publish any statement, or take any action whatsoever which may harm, disparage, or denigrate Carbon Balance, its reputation, or its public image, or which may reduce the value of Carbon Balance’s business or its intellectual property.
Non-Solicitation. During the term of these Terms and for one (1) year thereafter, you will not directly or indirectly (a) solicit to hire or hire any employee or contractor of Carbon Balance, or (b) solicit the services of any employee or contractor of Carbon Balance for your own benefit or for the benefit of any other person or entity.
Notices. We may provide notices to you by posting them on the Site, by providing electronic notification via the Services, or by email to the address associated with your account. You may provide notices to us via email at hello@carbonbalance.co. All notices are effective upon posting or when delivered.
Waiver. Except as otherwise set forth in these Terms, either party’s failure to enforce any provision of these Terms will not constitute a waiver of future enforcement of that or any other provision. No waiver of any provision of these Terms will be effective unless it is in writing and signed by the party granting the waiver.
Severability. If any provision of these Terms is held invalid, illegal or unenforceable, that provision will be enforced to the maximum extent permitted by law, given the fundamental intentions of the parties, and the remaining provisions of these Terms will remain in full force and effect.
Governing Law; Jurisdiction. These Terms and any action related thereto will be governed by the relevant arbitration law, and the laws of Singapore, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 13(8) (Dispute Resolution), the exclusive jurisdiction for all disputes that you and Carbon Balance are not required to arbitrate will be located in Singapore, and you and Carbon Balance each waive any objection to jurisdiction and venue in such courts.
Dispute Resolution. These Terms shall be governed in all respects by the laws of Singapore without regard to any choice of law provisions, and excluding the United Nations Convention on Contracts for the International Sale of Goods. Any dispute arising out of or in connection with these Terms including any question regarding its existence, validity or termination shall be referred to and finally settled by binding arbitration in Singapore administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of three (3) arbitrators. The language of arbitration shall be English. In respect of any court proceedings in Singapore commenced under the International Arbitration Act 1994 in relation to the arbitration, the parties agree (a) to commence such proceedings before the Singapore International Commercial Court (“the SICC”); and (b) in any event, that such proceedings shall be heard and adjudicated by the SICC. Notwithstanding the foregoing, Carbon Balance shall at all times have the right to commence proceedings in any other court of its choice of appropriate jurisdiction to obtain an injunction, specific performance or other equitable relief for protection of intellectual property rights, without breach of this arbitration agreement and without any abridgment of the power of the arbitrator.
Assignment. You may not assign these Terms without Carbon Balance’s prior written consent, and any assignment without consent shall be void. Subject to the foregoing, these Terms shall bind and inure to the benefit of respective successors and assigns of the parties.
Equitable Relief. Each party hereby agrees that any breach of these Terms may cause such other party to incur irreparable harm and significant injury that would be difficult to ascertain and would not be compensable by damages alone. Accordingly, each party agrees that, in addition to any other rights and remedies that the non-breaching party may have at law or otherwise with respect to such a breach, the non-breaching party will have the right to seek specific performance, injunction or other appropriate equitable relief.
No Third-Party Beneficiaries. Unless otherwise expressly provided, no provisions of these Terms are intended or will be construed to confer upon or give to any person or entity, other than the parties, any rights, remedies or other benefits under or by reason of these Terms.

Section 14- Contact Information

If you have any questions about these Terms or the Services, please contact Carbon Balance a hello@carbonbalance.co.

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