1.1 One Tribe is the trading name of One Tribe Global Ltd (“we”, “us”, or “our”, “One Tribe”) and we are called One Tribe for a reason, to emphasise our ability to achieve more as a group than we can as individuals. We are committed to working as one tribe to protect billions of trees and our planet for future generations by engaging global businesses and their millions of customers in climate action.
1.2 One Tribe refers to our website (onetribegobal.com), including its subdomains and any other website and applications for mobile or tablet through which we make our Services available (including any Application Program Interfaces (API).
1.3 Whenever we say “us” we mean One Tribe and whenever we say “you” then we are referring to a “user” or “customer” of our services and offering.
2.1 One Tribe is owned and operated by One Tribe Global Ltd, a privately owned company incorporated in England and Wales number (company number 11928700) whose registered office is on First Floor Eastgate 2 Castle Street, Castlefield, Manchester, England, M3 4LZ and our VAT number is GB 325 6640 05.
2.2 Questions, complaints and comments regarding our Terms and Conditions, purchases or subscriptions are welcomed and should be emailed to us at firstname.lastname@example.org.
3.1 Climate Action is what we call the ‘actions tools’ we offer through our climate action platform and Services to start your journey to Net Zero and: empower consumers to drive positive change, decarbonise eCommerce purchases, offset your carbon footprint (projects that reduce or negate the greenhouse gases impact from your own carbon footprint); fund climate projects, indigenous land rights and protecting trees and rainforest; demonstrate your impact through a dedicated and dynamic climate action report with links and access to all the projects verified by One Tribe (which you can also find on our website).
3.2 Through our website onetribeglobal.com and any (future) iOS and Android mobile applications (we will call these, our “apps”), you can protect trees and rainforest, contribute to conservation projects and help fund nature’s solution to the climate crisis.
3.3 To use our Services, you must create an account. We can refuse the creation of your account, or access to our Services, for any legitimate reason.
3.4 To create your account, you must give us the correct information and keep it regularly updated. You’ll need a password to create your account and it’s important you keep it safe and confidential, as you’re responsible for anything that happens in your account using this password. Let us know as soon as possible if your password is lost or stolen. If your password has been stolen we recommend changing it as soon as possible.
3.5 You can purchase our services by choosing one of our subscription plans, at which point you become one of our Users. We will provide our Services in accordance with any promise we have made on our website and these Terms and Conditions.
3.6 The subscription you choose will grant access to the One Tribes Software a Service (SaaS) climate action platform. The platform provides tools and features according to the level of the subscription purchased.
3.7 Subscriptions and services can be cancelled by emailing us with 30 days’ notice of your cancellation request.
3.8 One Tribe’s online platform will allow you to view information about the Charity to which a donation has been made through your subscription.
3.9 If you have joined our Partner Program then these Terms and Conditions are incorporated in any additional contract with us.
4.1 A User is any corporation that has 1) a One Tribe Subscription, 2) has made a payment for any of our Services in the last twelve (12) months, 3) has not breached any of our Terms and Conditions, and 4) is not making unsubstantiated claims to deceive consumers into believing that their products or business are environmentally friendly (“greenwashing”).
4.2 For as long as you fulfil and maintain the conditions above for being a User, then we grant you a non-exclusive right to use certain materials (“One Tribe Materials”) which shall include but not be limited to trademarks and logos.
4.3 We retain all intellectual property rights (for the avoidance of doubt, including and not limited to, copyright and moral rights) in all One Tribe Materials. We grant to our Users a fully paid-up, worldwide, non-exclusive, royalty-free, licence to use the One Tribe Materials solely for the purpose of and to the minimum extent necessary for receiving and using the Services. We reserve the right to terminate such licence at any time subject to the terms of any additional contract.
5.1 Functionality Requirements means a software as a service web based portal that contains the following functionality:
5.1.2 embeddable tracking feature;
5.1.3 website Impact dashboard;
5.1.4 monitoring of account subscriptions;
5.1.5 user account dashboard;
5.1.6 downloadable social media content.
6.1 You will be able to access your Transaction Report and/or the Customer Data report through your online account which we will update on a monthly basis.
6.2 Your Transaction Report will contain the following:
6.2.1 the number of sales or sign-ups tracked through the One Tribe tracking platform
6.2.2 the donations and fees owed to One tribe
6.2.3 any other details agreed we’ve agreed to provide you.
7.1 All Subscriptions are paid directly to us and 100% of Donations for tree protection for every online order on your website will be collected by us and paid into a designated Escrow Account to be donated to the One Tribe-approved conservation charities and land projects verified by One Tribe.
7.2 We will instruct the bank to pay all Donations within 30 days of receiving them into the Escrow Account. The funds will be regularly transferred, on a monthly basis, to the chosen charities, conservation and tree protection projects One Tribe is associated with.
7.3 Subscription payments and Donations will be deducted on a monthly basis according to the plan agreed upon and/or the number of tracked sales or email newsletter sign up calculated through the tracking API installed on your website.
7.4 Should the tracking API not be installed on your website, the Subscription and Donations will be calculated based on the following discretionary fee criteria:
7.4.1 an average median Donation value based on your previous 3-6 months tracked sales/email subscriptions Donation History.
7.4.2 A Donation based on the declared sales numbers in your registration form which will be deducted until the tracking API has been installed. Once the tracking API has been installed the payments will then be based on the tracked monthly sales
7.4.3 a minimum monthly Donation of £10.20, which equals the protection of 300 trees, will be deducted from accounts that have not been tracked until the tracking API has been installed
7.4.4. an option for manual invoicing without the tracking API will be available only if you are paying us £50 in donations or above. In which case, we’ll make every effort to contact you before 7.4.1 takes effect
7.5 You of course have the right and responsibility to query, in writing, any data you feel is incorrect before the end of the month when the sales and leads were tracked. If not queried before the end of the month, the resulting fees will be due to be paid in line with this agreement.
7.6 Any payment methods available from third-party payment services providers will be indicated at the time of purchase.
7.7 Rest assured, we do not store any of your payment card details ourselves.
7.8 Whilst all payments are in your local currency, they are converted to USD by our third-party payment services provider. The exchange rates are subject to market price fluctuations as are the prices of the products we buy to provide our Services. In circumstances where there is an underspend due to currency exchange or product price variation, this dividend will be used by us to fund additional Climate Impact annually.
8.1 Unless otherwise specified or clearly recognisable, all content provided by us and available on the website is owned by us or the authors as cited.
8.2 Through One Tribe, Users may have access to external resources provided by third parties. Users acknowledge and accept that One Tribe has no control over such resources and is therefore not responsible for their content and availability. Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third party’s terms and conditions or, in the absence of those, applicable statutory law.
9.1 By using our Services, you’re agreeing that:
9.1.1 you’ve received these Terms and Conditions in a way that you can understand clearly;
9.1.2 you accept the most recent version fully;
9.1.3 you’re committed to paying for the Services and Donations subscribed to; and
9.1.4 you understand that by accepting the Terms and Conditions a Contract is formed
9.2 We like to stay relevant, so these Terms and Conditions may change sometime in the future. We will notify you of changes to our Terms and Conditions that may impact you and if you don’t agree with and accept the most recent Terms and Conditions, you’ll have to stop using our Services.
9.3 By accepting these Terms and Conditions, you’re agreeing that there’s no partnership, employment or agency relationship between us. Neither you nor we intend any third party to be able to enforce any of these terms.
10.1 You’ll be financially liable for all purchases made with us through your account, as well as any losses we incur if you breach the Terms and Conditions or misuse our Services. That includes situations where you deliberately allow someone else to use your account to make a purchase.
10.2 We are not responsible for any loss or damage that is not foreseeable, nor any business losses. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen. We are also not responsible for losses that you suffer that are not related to our Services. Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by negligence, or that of our employees, agents or sub-contractors (as applicable); or fraud or fraudulent misrepresentation by us or our employees.
10.3 Notwithstanding the above, neither we nor you shall be liable to the other for any indirect or consequential losses whether arising from negligence or otherwise. In no event shall our liability under the Contract exceed the price paid by you to us for any Services connected with the claim.
12.1 Ending the Contract because of something we have done or are going to do
If you are ending the Contract for a reason set out in 12.1.1 to 12.1.5 below the Contract will end immediately and we will refund you in full for payments you have made affected by this. The reasons are:
12.1.1 we have told you about an upcoming change to the subscription or these terms to which you do not agree (see clause 7.2);
12.1.2 we have told you about an error in the price or description of the subscription or purchase you have ordered and you do not wish to proceed;
12.1.3 there is a risk that our ability to fulfil our projects may be significantly delayed because of events outside our control;
12.1.4 we have suspended the projects for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 14 days; or
12.1.5 you have a legal right to end the Contract because of something we have done wrong.
12.2 Exercising your right to change your mind
12.2.1 you can cancel any purchase or your subscription up to 14 days after the order is made. You don’t need to give a reason for cancelling and we will give you a refund for that payment by the same method you used to make that payment within 14 days of you telling us you wish to cancel. This complies with your legal rights under the Consumer Rights Act 2015 and Consumer Contracts Regulations 2013. For detailed information about your legal rights, please visit the Citizens Advice website http://www.adviceguide.org.uk/ or call 03454 04 05 06.
12.2.2 Users must send to One Tribe at email@example.com an unequivocal emailed statement of their intention to withdraw from the Contract including:
12.3 By using our Services, you’re telling us that you are not listed on any sanctions-related list of designated or blocked persons imposed, administered or enforced from time to time by the EU and implemented by its Member States, the United Nations Security Council, Her Majesty’s Treasury of the United Kingdom, the US government, including those administered by the US Treasury, Office of Foreign Assets Control, or any other relevant authorities with jurisdiction over you or us from time to time that would prohibit you from using our Services.
12.4 Intellectual Property. Access to our website and apps doesn’t give you any intellectual property rights relating to them, other than a right to use them in line with these Terms and Conditions. You can’t under any circumstance copy, represent, change, transmit, or publish any part of our website or app (regardless of your device) without clear written permission from us, or the companies in our group, first. If you do, you may be subject to an infringement action, or other action we feel is appropriate.
12.5 Governing Law. With the exception of sections 13 to 15 below, English law will apply to these Terms and Conditions and you may bring proceedings in the relevant courts of the part of the United Kingdom where you live, which will have exclusive jurisdiction in relation to these Terms and Conditions.
13.1 Indemnification – you agree to indemnify and hold One Tribe and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees harmless from and against any claim or demand — including but not limited to lawyer’s fees and costs — made by any third party due to or in relation with any culpable use of or connection to the Services, violation of these Terms and Conditions, infringement of any third-party rights or statutory provision by the Company or its affiliates, officers, directors, agents, co-branders, partners and employees to the extent allowed by applicable law.
14.1 Limitation of liability
14.1.1 nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which you may have under the Competition and Consumer Act 2010 (Cth) or any similar State and Territory legislation and which cannot be excluded, restricted or modified (non-excludable right).
15.1 By exception to the terms in this document, the following terms apply to US residents buying a journey or a product on our website or our apps.
15.2 PLEASE READ THIS CONTRACT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF OUR SERVICES, SUCH AS YOUR GRANTS AND WAIVERS OF RIGHTS, THE LIMITATIONS OF OUR LIABILITY, YOUR INDEMNITY OF US, AND ARBITRATION OF CERTAIN DISPUTES.
15.3 OUR SITE, AND ALL CONTENTS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR SITE ARE PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR SITE OR THE CONTENTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. WE DO NOT WARRANT THAT YOUR USE OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT OUR SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. YOU EXPRESSLY AGREE, BY YOUR USE OF OUR SITE, THAT YOUR USE OF OUR SITE IS AT YOUR SOLE RISK, AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE.
15.6 The Federal Arbitration Act and federal arbitration law apply to this Contract.
15.7 You agree that the arbitration will be conducted by the American Arbitration Association (‘AAA’), https://www.adr.org, or 1.800.778.7879. You can contact AAA to find out more information on how to commence an arbitration proceeding. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s applicable rules. You may choose to have the arbitration conducted by phone, based on written submissions, or in person in the county where you live or at another mutually agreed-upon location.
15.8 CLASS ACTION AND JURY TRIAL WAIVERS. You and we agree to bring any dispute in arbitration on an individual basis only, and not on a class, consolidated, aggregated, representative or collective action basis. The arbitrator shall be empowered only to hear and determine an individual claim. If for any reason a claim proceeds in court rather than in arbitration, you and we each waive any right to a jury trial or to bring a class, consolidated, aggregated, representative or collective action against the other.
15.9 ARBITRATIONS AND COURT ACTIONS DIFFER. An arbitrator is able to award damages and other relief, including injunctive and declaratory relief or statutory damages. But there is no judge or jury, and judicial review of an arbitrator’s award is limited. Discovery in arbitration is also limited in accord with AAA rules. In addition, as set forth above, you are waiving any ability for an arbitrator to oversee or determine class, consolidated, aggregated, representative or collective actions.
15.10 IMPORTANT: THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, AND THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS, CONSOLIDATED, AGGREGATED, REPRESENTATIVE OR COLLECTIVE ACTION. OTHER RIGHTS AND REMEDIES THAT YOU OR BUSA WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.