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1.1 Tweak Carbon, a division of Next176 Proprietary Limited ("Tweak Carbon") maintains this website as well as related platforms such as mobile websites and mobile applications (the "Tweak Carbon Platforms"). Next176 Proprietary Limited is a wholly-owned subsidiary of Old Mutual Limited.
1.2 Your access to and use of the Tweak Carbon Platforms and the products and services provided via the Tweak Carbon Platforms (the "Products and Services") is governed by these terms and conditions (the "Terms and Conditions") as read with the privacy policy located here (the "Privacy Policy"). When you use the Tweak Carbon Platforms or use our Products and Services, a legally binding contract comes into effect between yourself and Tweak Carbon.
1.3 Any references to "Tweak Carbon", "we", "us" or "our" in these Terms and Conditions will be to Tweak Carbon. References to "you" or "your" will be to you as a visitor to the Tweak Carbon Platforms and/or as a user of the Products and Services.
1.4 These Terms and Conditions contain provisions that require you to indemnify Tweak Carbon, which limit Tweak Carbon's liability towards you, or which may require you to assume responsibility for a risk or liability. These provisions will be in the same style as this paragraph. By using the Tweak Carbon Platforms and/or the Products and Services, you acknowledge that you have read, accept, and will be bound by these Terms and Conditions. If you do not agree to this, please do not use the Tweak Carbon Platforms and/or the Products and Services.
2.1 You agree to abide by these Terms and Conditions and to conduct yourself in a lawful manner on the Tweak Carbon Platforms.
2.2 Tweak Carbon may suspend or terminate your access to the Tweak Carbon Platforms should you contravene any of these Terms and Conditions. Tweak Carbon will not be liable for any loss you suffer due to your inability to access the Tweak Carbon Platforms, where Tweak Carbon suspends or terminates your access on this basis.
2.3 You are responsible for your content posted on, transmitted through, or linked via the Tweak Carbon Platforms and/or when making use of the Products and Services.
2.4 You are responsible for the security of your login details to your Tweak Carbon account.
2.5 Tweak Carbon has the right to amend, suspend, terminate, or discontinue all or any part of the Tweak Carbon Platforms and/or the Products and Services, or your access to the Tweak Carbon Platforms and/or the Products and Services, at any time with prior notice to you and without incurring liability, save for refunding you any amounts duly owing.
2.6 We will use reasonable endeavours to maintain the availability of the Tweak Carbon Platforms and the Products and Services, except during scheduled maintenance periods.
2.7 You can delete your Tweak Carbon Platforms account at any time by following the prompts.
2.8 We may update the Tweak Carbon Platforms from time to time at our discretion. If you do not make use of the latest version thereof, your access to and use of the Tweak Carbon Platforms and/or the Products and Services may be limited.
2.9 You agree that you will not, through your use of the Tweak Carbon Platforms and/or the Products and Services, –
2.9.1 infringe or violate the rights, including the intellectual property rights, of Tweak Carbon, its users or any third party;
2.9.2 distribute any form of marketing or other unsolicited material to Tweak Carbon, its users or any third party; or
2.9.3 post or transmit content that is defamatory, unlawful, hateful, obscene, abusive, or slanderous toward Tweak Carbon, its users or any third party.
2.10 Subject to clause 2.11, by using the Tweak Carbon Platforms and the Products and Services, you warrant that you are 18 years of age or older and that you have the necessary legal capacity to agree to and to be bound by these Terms and Conditions.
2.11 If you are under the age of 18 or you do not have the necessary legal capacity to agree to and to be bound by these Terms and Conditions, then you may use the Tweak Carbon Platforms and the Products and Services only under the supervision of a parent or legal guardian. If your parent or legal guardian supervises you as such, then such parent or legal guardian agrees to be bound by these Terms and Conditions and agrees to be liable for you and your duties under these Terms and Conditions.
3.1 By following the prompts on the Tweak Carbon Platforms, you can link your bank and retail data to your Tweak Carbon account and receive a granular picture of your environmental footprint by category and product level.
3.2 You can give Tweak Carbon consent to interface with affiliated products, such as 22Seven. When consenting as such, you will be bound by 22Seven's terms and conditions in addition to these Terms and Conditions.
4.1 Tweak Carbon reserves the right to amend and update the fees for Products and Services as well as the payment terms and payment methods available at its discretion from time to time.
4.2 Tweak Carbon may, from time to time, offer discounts, free trials, and promotional offerings. Any such offering may be subject to such additional terms as Tweak Carbon may impose in its sole discretion.
4.3 Where you make payment for Products and Services using third-party payment providers, Tweak Carbon is not involved in such payments via these third-party payment providers nor are we a party to such transactions.
4.4 Your bank or the payment provider you select may charge additional transaction, administrative and/or facilitation fees. Tweak Carbon is not responsible for any such fees.
4.5 By making a payment, you authorise Tweak Carbon to charge the selected contribution amount. You can elect to make a once-off payment or a recurring payment.
4.6 You understand and acknowledge that Tweak Carbon is not a non-profit organisation. Tweak Carbon and its affiliates are for-profit organisations and receive financial benefits from your contributions.
5.1 We aim to provide accurate and up-to-date information through our footprint reports and other insights we may provide as part of our Products and Services, however we do not guarantee the accuracy or effectiveness of such information.
5.2 Tweak Carbon partners with trusted, verified third party providers for purposes of its Products and Services, including its footprint and other calculators and in respect of carbon offset projects. However, Tweak Carbon does not guarantee the outcome of any such offset projects nor is Tweak Carbon responsible for the implementation and management of such offset projects.
6.1 Tweak Carbon has introduced a leaderboard feature as part of its services. The leaderboard displays user statistics, including but not limited to users' tier status, their CO2 footprint, the user’s name, their footprint increasing or decreasing trend, and how they are performing in comparison to the rest of the community.
6.2 By default, your name will be visible on the leaderboard to the entire community. You have the option to adjust your privacy settings to determine whether your name will be visible on the leaderboard. You can make this selection in your account settings. Tweak Carbon respects your privacy choices. However, please be aware that any information you choose to make public on the leaderboard, including your name and CO2 footprint, may be accessible by other users of the Tweak Carbon Platforms.
6.3 Adding and Removing Friends. Tweak Carbon provides users with the option to add friends to their leaderboard. Users can also remove friends from their leaderboard, as desired. Users should be mindful that the addition or removal of friends on the leaderboard is a user-initiated action and will not affect the standings or visibility of friends on their respective leaderboards.
6.4 Dispute Resolution. Any disputes or concerns related to the leaderboard feature or its operation shall be governed by the laws of South Africa, as outlined in Section 9 of these Terms and Conditions.
6.5 Fair Play. Users are expected to engage with the leaderboard feature in a fair and ethical manner. Any form of cheating, manipulation, or unfair conduct is strictly prohibited and may result in removal from the leaderboard. Tweak Carbon reserves the right to take appropriate action against users engaged in such behaviour.
6.6 Purpose of Leaderboard. The leaderboard feature is intended for entertainment and informational purposes only. Users should be aware that participation in the leaderboard does not carry any real-world benefits, rewards, or guarantees.
6.7 Changes and Updates. Tweak Carbon may make updates or improvements to the leaderboard feature. Users will be bound by any future changes or improvements, which will be communicated via email, app notifications, or within the app.
6.8 Opt-Out Options. Users have the option to opt out of the leaderboard feature at any time. To do so, please follow the instructions provided in your account settings.
6.9 User Agreement. By using the leaderboard feature, you acknowledge that you have read, accept, and will be bound by these clauses within the Terms and Conditions.
7.1 You acknowledge that the Tweak Carbon Platforms and the Products and Services are provided on an 'as is' basis, without any warranty that the Tweak Carbon Platforms and the Products and Services will be free from defects, to the extent that it is lawful to do so, and that the existence of errors in the Tweak Carbon Platforms and the Products and Services alone will not constitute a breach of these Terms and Conditions. In the event of any such defect or error, your sole remedy will be to cease your use of the Tweak Carbon Platforms and the Products and Services and to request a refund, where this is applicable.
7.2 Tweak Carbon does not warrant –
7.2.1 that the Tweak Carbon Platforms and the Products and Services (or any component thereof) will meet your personal requirements or expectations;
7.2.2 that the operation of the Tweak Carbon Platforms (or any component thereof) will be uninterrupted or error-free; or
7.2.3 that all errors or defects in the Tweak Carbon Platforms will be corrected.
7.3 The information provided as part of the Tweak Carbon Platforms is intended to serve as general information. No representations or warranties are made in respect of such information, including in respect of the accuracy of the information.
7.4 To the extent not prohibited by applicable law, Tweak Carbon disclaims all warranties and conditions with respect to the Tweak Carbon Platforms and the Products and Services, either express or implied, including, but not limited to, warranties of merchantability, accuracy, fitness for a particular purpose and non-infringement.
7.5 In no event shall Tweak Carbon or its affiliates, officers, directors, employees, service providers, contractors or agents be liable for any special, consequential, indirect, or incidental damages arising out of, or related to, the Tweak Carbon Platforms and the Products and Services or the information contained therein, whether such damages arise in contract, negligence, delict, under statute, at law or otherwise.
7.6 You agree to defend and indemnify Tweak Carbon and to hold Tweak Carbon and its affiliates, officers, directors, employees, service providers, contractors and agents harmless from and against all claims, obligations, damages, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from–
7.6.1 your violation of any part of these Terms and Conditions;
7.6.2 your violation of any third party right, including without limitation any copyright, trade mark, trade secret or other property, or privacy right; or
7.6.3 any claim that your use of the Tweak Carbon Platforms and the Products and Services caused damage to a third party.
8.1 To facilitate your access to the Tweak Carbon Platforms, and to provide the Products and Services to you, we are required to process some of your personal data and to share some of this personal data with certain third parties, such as our duly appointed service providers, including the third-party API provider 22seven, for the purpose of aggregating and analyzing your transactional banking data after you have given consent.
8.2 Please read our Privacy Policy located at [https://www.tweakcarbon.com/terms-of-service/privacy-policy] to understand the types of personal data we collect about you, where we collect it from, who we may need to share it with, how long we retain it for, whether it leaves the country in which we collected it, and how you can request access to and/or deletion of your personal data.
8.3 We make use of cookies to enable certain functionality and ease of use for those visiting the Tweak Carbon Platforms. Please read our Cookie Policy located at [https://www.tweakcarbon.com/terms-of-service/cookie-policy] to understand the types of cookies we use and how you can manage your consent to these cookies.
9.1 We reserve all rights (including all intellectual property rights) not expressly granted herein to the Tweak Carbon Platforms and the content we make available on or via the Tweak Carbon Platforms.
9.2 You may use the Tweak Carbon Platforms and the Products and Services only for purposes that are legal, and you must not (nor will you allow or cause any third party to) –
9.2.1 tamper with, disassemble, edit, reverse engineer, decompile, attempt to derive the source code of or modify the Tweak Carbon Platforms (wholly or in part);
9.2.2 create frames around our webpages or use other techniques that alter in any way the visual presentation or appearance of our website;
9.2.3 use or exploit the Tweak Carbon Platforms and the Products and Services (wholly or in part) for commercial gain under any circumstances whatsoever or copy the Tweak Carbon Platforms and the Products and Services (wholly or in part);
9.2.4 sublicense, distribute, export, or resell the Tweak Carbon Platforms (wholly or in part) or otherwise transfer any rights therein;
9.2.5 re-sell Products and Services; or
9.2.6 exercise any other right to the Tweak Carbon Platforms and the Products and Services (wholly or in part) not specifically granted in these Terms and Conditions.
9.3 Without limiting the foregoing, you agree not to circumvent, disable or otherwise interfere with security related features of the Tweak Carbon Platforms or features that prevent or restrict use or copying of any content or enforce limitations on the use of the Tweak Carbon Platforms or the content therein.
9.4 You are granted a revocable, non-transferable, non-exclusive, limited licence to use the Tweak Carbon Platforms to receive the Products and Services. No licence or other right or interest is granted to you except for the licence rights specifically set forth herein.
9.5 By communicating with Tweak Carbon, you grant Tweak Carbon a royalty-free, perpetual, irrevocable, non-exclusive licence to use, modify, reproduce, publish, edit, distribute, perform, translate, and display the communication, content, or any information therein alone or as part of other works in any form, media, or technology, whether now known or hereafter developed, for any purpose.
9.6 We reserve the right at any time and in our sole discretion to request that you remove all links or any particular link to the Tweak Carbon Platforms. You agree to immediately remove all links upon such request.
9.7 Tweak Carbon, its valid licensor or the relevant proprietor, owns all right, title and interest in and to the Tweak Carbon Platforms and the Products and Services and all information, documentation and proprietary products made available via the Tweak Carbon Platforms.
9.8 You may not duplicate or reproduce in any way the Tweak Carbon Platforms and the Products and Services or the information, documentation and/or the proprietary products made available via the Tweak Carbon Platforms and the Products and Services without the express prior written permission of Tweak Carbon, its valid licensor or the relevant proprietor.
10.1 We may use third-party service providers to monitor your activity on the Tweak Carbon Platforms or to assist us in making the Tweak Carbon Platforms and the Products and Services available to you.
10.2 If you click on links to third-party websites, you leave the Tweak Carbon Platforms.
10.3 We are not responsible for the content of these third-party websites or for the security of your information when you use the third-party websites. These third-party service providers and third-party websites may have their own terms and conditions and policies that you may be subject to.
10.4 By using the Tweak Carbon Platforms, you agree that we are not liable for the following ―
10.4.1 the ownership or right of use of any licensor of any software provided through any third-party platform;
10.4.2 the content, operation, use, security, accuracy or completeness of any such third-party platforms or the products or services that may be offered or obtained through them or the accuracy, extensiveness, or dependability of any information obtained from a third-party platform;
10.4.3 any content featured on a third-party platform that is accessed through the links found on a Tweak Carbon Platform; and/or
10.4.4 any failure that affects the products or services of a third-party platform, for example any telecommunication service provider or internet service provider.
10.1 In order to qualify for rewards on the Tweak Carbon Platforms, users must have a carbon footprint that falls below the threshold as declared in our 'How to Get Rewards' section and based on our own calculations as explained in Our Methodology. The determination of eligibility will be made at our sole discretion, and users acknowledge that the criteria for measuring carbon footprints and qualifying for rewards may be subject to change. We reserve the right to modify the declared threshold and methodology from time to time without prior notice. By participating in our rewards program, users agree to abide by the eligibility criteria as set forth in this clause and in the related sections of the Tweak Carbon Platforms.
10.2 Tweak Carbon showcases environmentally friendly goods and services provided by green merchants on the Tweak Carbon Platforms. As a user of the Products and Services, you acknowledge that Tweak Carbon acts solely as a directory for these green SMEs and their associated discounts. We do not conduct financial assessments of the featured companies, nor do we guarantee their capacity to fulfill orders or provide any form of warranty or representation regarding their products or services. Any transactions, interactions, or engagements between you and the green merchants are solely at your own risk, and Tweak Carbon shall not be held liable for any disputes, damages, losses, or issues arising from such interactions.
10.3 With regard to rewards redemption, Tweak Carbon provides discount codes for use on the merchant's website during the checkout process. The discount amount, expiration dates, and any limitations associated with the discount code are explicitly outlined on the coupon code. While we endeavour to maintain accurate and updated information about the discounts, Tweak Carbon does not warrant or guarantee the application or availability of these discounts. Tweak Carbon shall not be held liable for any discrepancies, errors, omissions, or unavailability of the discounts, nor for any financial loss or inconvenience caused to you in connection with the use or non-use of these discounts.
10.4 By accessing and using the Tweak Carbon Platforms and engaging with the green merchants and discounts featured therein, you agree to release Tweak Carbon and its affiliates from any and all claims, demands, or liabilities arising out of or in connection with such engagements.
10.5 Please carefully review the terms and conditions set forth by the green merchants on their respective websites before engaging in any transactions or availing of any discounts. Your participation with the green merchants is governed by their terms and conditions, and Tweak Carbon is not a party to any such arrangements.
10.6 Tweak Carbon reserves the right to modify or discontinue any discounts or features of the Tweak Carbon Platforms at any time without prior notice. We shall not be liable for any losses or damages resulting from any such modification or discontinuation.
10.7 By using the Tweak Carbon Platforms and availing of any discounts or interacting with green merchants, you agree to abide by these terms and conditions and accept all associated risks and responsibilities.
12.1 Any disputes that may arise concerning the Tweak Carbon Platforms and the Products and Services will be governed by the laws of South Africa.
12.2 All proceedings, which may arise out of, or in connection with, the Tweak Carbon Platforms and the Products and Services will be brought solely in the appropriate court in South Africa.
13.1 Our failure to exercise or enforce any provision of these Terms and Conditions will not constitute a waiver of such right or provision.
13.2 It is not intended that any part of these Terms and Conditions contravene any provision of any legislation which may apply. All the provisions of these Terms and Conditions must be treated as being qualified, to the extent necessary, to ensure that the provisions of applicable legislation are complied with.
13.3 All provisions and the various clauses of these Terms and Conditions are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision or clause of these Terms and Conditions which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any other reason whatsoever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as if not written herein and the remaining provisions and clauses of these Terms and Conditions shall remain of full force and effect.
13.4 These Terms and Conditions, as read with the Privacy Policy and the Cookie Policy, contain all the provisions with regard to the Tweak Carbon Platforms and the Products and Services, and supersedes in its entirety any previous understandings or agreements in respect thereof.
13.5 Tweak Carbon may modify or amend these Terms and Conditions at any time with the minimum notice permitted by applicable law or, if allowed by applicable law, without notice. Your use of the Tweak Carbon Platforms and the Products and Services signifies your acceptance of these Terms and Conditions, as amended from time to time.
If you have any questions about these Terms and Conditions, please contact us at nala@tweakcarbon.com with "Tweak Carbon Terms and Conditions" in the subject line.
15.1 Full name: Tweak Carbon, a division of Next176 Proprietary Limited
15.2 Legal status: Private Company
15.3 Registration number: 2010/011767/07
15.4 Physical address: Mutual Park, Jan Smuts Drive, Pinelands, 7405
15.5 Website address: www.tweakcarbon.com
15.6 Email: nala@tweakcarbon.com
Last updated on [10/11/2023].
