4.4  Termination

You are entitled to terminate your registered Account at any time without notice by following the instructions on the Online Platform for how to terminate an account.

We are entitled to terminate and revoke your right to access and use the Online Platform immediately where:

- There is reasonable cause, in particular where it is unacceptable to us to continue to allow you the use of the Online Platform, even after having given due consideration to your legitimate concerns; or

- You are in breach of any provision of these Terms and Conditions or any of our policies or guidelines made available to you or published on the Online Platform from time to time. Notwithstanding our right in this case to immediately terminate your Account, we may but are not obliged to provide you with advance notice of termination or provide you an opportunity to take corrective action in order to avoid the termination of your Account. In all other cases, we are entitled to terminate your Account giving two-weeks prior notice by way of e-mail.

4.5  Additional obligations for Providers

You, as Provider, must hold in your CDM registry account, and/or the CDM registry account from which you have authority to offer CERs, the quantity of CERs offered on the Online Platform. You must not offer CERs that you are offering for cancellation on the Online Platform in any other forum, unless you first withdraw the CERs from the Online Platform.

We are entitled but not obliged to reject any forwarding request from you outside of the Online Platform that, if we were to process the request, would result in the balance of CERs in your CDM registry account, and/or the CDM registry account from which you have authority to offer CERs, being fewer than the number of CERs offered by you for cancellation on the Online Platform.

Notwithstanding the requirement to avoid the sale of CERs offered for cancellation on the Online Platform in another forum, you agree that in the event that you offer the same CERs for cancellation on the Online Platform and for sale or cancellation in any forum outside the Online Platform (an OTC transaction) at the same time, an accepted offer on the Online Platform prevails over the OTC transaction irrespective of the actual timing of the transactions and irrespective of the contractual terms of the OTC transaction. For the avoidance of doubt, we are not liable to the third party in an OTC transaction for any loss or damage arising from these Terms and Conditions.

In addition, you agree that if for any reason the balance of CERs in your CDM registry account, and/or the CDM registry account from which you have authority to offer CERs, falls below the amount of CERs that you are offering for cancellation on the Online Platform, the amount of CERs you are offering on the Online Platform will be automatically reduced to match the balance in your CDM registry account.

5. Listing conditions (for Providers)

When listing an item, you, as Provider, agree that:

- You are responsible for the accuracy and content of your listing and the CERs offered for cancellation;

- Your listing may not be immediately searchable by keyword or category for several hours (or up to 48 hours in some circumstances). We cannot guarantee exactly when your listing will appear;

- Content that violates these Terms and Conditions may be deleted without prior notice at our discretion;

- We aim to provide an Online Platform in which Purchasers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to the Purchaser's search query; listing features (e.g. project type, host Party etc.), price, and relevance to the Purchaser’s query; and the number of listings matching the Purchaser's query;

- You make an offer by listing a group of CERs for cancellation (offer of CERs) on the Online Platform. You are entitled to place as many offers of CERs as you wish at a time. You are entitled to determine the price per CER per offer of CERs. You cannot offer a different price per CER within an offer of CERs. Until your offer of CERs is accepted in part or in whole by a Purchaser, you are entitled to withdraw the offer of CERs by deleting the relevant listing from the Online Platform;

- You will specify the payment method prior to making the offer of CERs (payment gateway or bank transfer or both). Where you specify the bank transfer method, after providing your banking details to the purchaser, you will promptly, and without delay, mark transactions as processing or paid, as appropriate;

- You may add any applicable taxes in an aggregated form to the listing price. Any such taxes are to be borne either by you or the Purchaser in accordance with the applicable tax regime;

- You enter into a legally binding contract with a Purchaser (the CER Cancellation Contract) when that Purchaser confirms through the Online Platform their purchase order of the cancellation of CERs that you are offering on the Online Platform. You have an obligation to cancel the CERs that the Purchaser has confirmed and paid for once you receive confirmation of such payment from the payment gateway operator or your bank, as the case may be;

- Payment gateway fees may be applicable and may vary depending on the terms and conditions of the payment gateway operator. Bank transfer fees may be applicable and may vary depending on the terms and conditions of the banks involved in the transaction;

- We are not a party to the CER Cancellation Contract and are not liable for any obligations that you or the Purchaser have arising under or in connection with the CER Cancellation Contract, including but not limited to obligations in relation to any fees payable to the payment gateway operator or a financial intermediary (such as a bank) or any applicable tax.

6. Purchase conditions (for Purchasers)

When purchasing CERs for cancellation you, as Purchaser, agree that:

- You are responsible for reading the full item listing before making a commitment to pay by confirming an order. The Provider may add any applicable taxes to the listing price. Any such taxes are to be borne either by you or the Provider in accordance with the applicable tax regime;

- You enter into a legally binding contract with the Provider (the CER Cancellation Contract) when you confirm the purchase of CERs for cancellation on the Online Platform. You have an obligation to pay the Provider for the CERs you have selected and confirmed;

- You are purchasing the cancellation of CERs that you have selected and confirmed. Accordingly, the Provider does not transfer legal ownership to you of the CERs that you have selected and confirmed for cancellation;

- If you have chosen the payment gateway as the method to pay, including when this is the only available method for the purchase order, immediately after placing and confirming your purchase order, you will be redirected to the payment gateway operator to pay for your order. Payment gateway fees may be applicable and may vary depending on the terms and conditions of the payment gateway operator. You will receive an immediate confirmation of your purchase by electronic mail to the email address you have provided on the Online Platform. You will receive a payment confirmation according to the terms and conditions of the payment gateway operator;

- If you have chosen the bank transfer method as the method to pay, including when this is the only available method for the purchase order, within two working days after placing and confirming your purchase order, you should receive an email from the Provider containing their bank account details. Bank transfer fees may be applicable and may vary depending on the terms and conditions of the banks involved in the transaction. As a Purchaser, you are requested to cover all bank charges. Discrepancies or bank fees sharing may be agreed directly with the Provider to ensure the payment is accepted. You will receive a confirmation of your purchase and a confirmation of your payment by electronic mails to the email address you have provided on the Online Platform when you complete an order and when the Provider has marked the offer of CERs as “Paid” respectively;

- You will also receive an Attestation of Cancellation (a cancellation certificate) by electronic mail to the same email address up to 72 hours after receiving confirmation of your purchase;

- Paid orders for which attestation of cancellation is issued are not refundable;

- We are not a party to the CER Cancellation Contract and are not liable for any obligations that you or the Provider have arising under or in connection with the CER Cancellation Contract, including but not limited to obligations in relation to any fees payable to the payment gateway operator, or a financial intermediary (such as a bank) or any applicable tax.

7. Online Platform

7.1   Acceptable use requirements

7.1.1           Acceptable use

You are entitled to use the Online Platform for information purposes with regard to CERs and in order to be able to offer or purchase CER cancellations.

When you upload, post or submit to or distribute or otherwise publish through the Online Platform any content or information, you are required to ensure that such content or information is accurate, complete and up-to-date.

7.1.2           Prohibited use

You must not upload, post or submit to or distribute or otherwise publish through the Online Platform any content or information which:

- Restricts or inhibits any other user from using the Online Platform;

- Is threatening, abusive, defamatory, obscene, offensive, or otherwise unlawful (or which may be reasonably considered to be so);

- Constitutes or encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate law;

- Infringes the rights (including, without limitation, intellectual property rights such as copyright, trademarks and patents) of third parties;

- Contains a virus or other harmful component or malicious code;

- Contains advertising of any kind, other than in the cases of information provided by Providers related to their projects; or

- Constitutes or contains false or misleading indications of origin or statements of fact.

You must not use the Online Platform for any illegal purpose.