EVERTREEN - TERMS AND CONDITIONS OF SERVICE
These Terms govern your purchase and use of the Evertreen service. Please read them carefully and keep a copy. If you are buying as a consumer (an individual buying for purposes outside a trade, business or profession) you have statutory rights that these Terms neither remove nor reduce; where anything here conflicts with those rights, your statutory rights prevail.
1. DEFINITIONS
1.1 In these Terms:
"Evertreen" or the "Company" means CG GREEN SOLUTIONS LTD, a company incorporated in England and Wales (Company No. 12581125), registered office Profile West, Suite 2, Floor 1, 950 Great West Road, Brentford, TW8 9ES, United Kingdom.
"Client", "you" or "your" means the person purchasing any Service on the Website.
"Consumer" means an individual purchasing wholly or mainly for personal use. "Business Client" means any other Client, including a company or other organisation purchasing for corporate, sustainability, marketing or resale purposes.
"Service" means the intermediation service by which Evertreen channels Client funds to tree-planting, forest-restoration and carbon-removal projects, together with the associated digital deliverables.
"Website" means https://www.evertreen.com.
"Subscription Plan" means any Service purchased on a recurring basis (monthly, quarterly, semi-annual or annual).
"Planting Cycle" means the programme of propagation, growing and out-planting into which a contribution is allocated for a given period. Costs for a Planting Cycle are committed in advance of trees entering the ground, as described in clause 7.
"Cost Commitment Point" means the point at which Evertreen irrevocably commits a Client's contribution to a Planting Cycle by instructing nursery propagation, scheduling planting, or paying farming partners in respect of that contribution.
"Transaction Basis" means the metric selected by the Client at checkout, being either the estimated number of trees or the estimated metric tonnes (tCO2e) of carbon footprint addressed.
"Project Operator" means a third party that owns or manages an eligible land-use or carbon project funded, in whole or in part, through Evertreen.
2. SCOPE OF SERVICE
2.1 Evertreen acts as an independent intermediary between Clients and Project Operators, and works directly with local farming communities and Project Operators rather than through third-party charities.
2.2 The Client acquires no ownership, leasehold, security interest or other real-property right over any land, tree, biomass or environmental attribute.
2.3 Projects may include, without limitation: Afforestation, Reforestation and Revegetation; Improved Forest Management; Reduced Emissions from Deforestation and Degradation; Agricultural Land Management; Wetlands Restoration and Conservation; and Avoided Conversion of Grasslands and Shrublands.
2.4 Evertreen funds Projects that are either internally monitored by the Company or externally verified under recognised carbon standards, which may include Verra, Gold Standard or the Core CBL market. The mix of internally and externally verified Projects used for a given contribution is determined by Evertreen, and Evertreen will identify on request the standard applicable to a specific contribution.
3. ENVIRONMENTAL ESTIMATES
3.1 At checkout the Client may express its contribution per tree or per tCO2e.
3.2 Tree counts and carbon-removal estimates are calculated in good faith using the best available scientific data, species-specific allometric equations, conservative baselines and discount factors for leakage and permanence. Estimates are indicative and are not a guarantee of an exact number of surviving trees or an exact volume of sequestration.
3.3 Except where a Project has issued third-party verified carbon credits that are permanently retired for the Client's benefit, the Service does not provide a tradable or transferable carbon credit or security. Evertreen will tell the Client which of these applies to its contribution.
3.4 Variations arising from biological growth rates, force-majeure events, methodological updates, registry requirements or regulatory change are inherent to ecological restoration and do not constitute a breach of these Terms.
4. COUNTRY PREFERENCE AND REALLOCATION
4.1 During ordering the Client may express a preferred country. Because planting is seasonal and subject to local conditions, this preference is disclosed at the outset as a non-binding preference rather than a guaranteed feature of the Service.
4.2 Evertreen may reallocate all or part of a contribution to a Project in another location where reasonably necessary for operational efficiency, seasonal or phytosanitary reasons, local regulatory change or project availability, provided that the alternative Project delivers environmental impact that is equivalent to or greater than that contracted (the same or higher estimated tCO2e).
4.3 Where reallocation materially changes the country associated with a Branded Forest Site or a comparable location-specific deliverable, Evertreen will notify the Client in advance.
4.4 Because the environmental outcome contracted for is still delivered, reallocation made on the basis of clause 4.2 does not by itself entitle the Client to a refund. This clause does not affect any cancellation or cooling-off right under clause 7.
5. REPORTING AND DELIVERABLES
5.1 Depending on the plan purchased, Evertreen may provide deliverables such as satellite or drone imagery, GPS coordinates, growth-progress and farmer thank-you videos, Project Operator statements, third-party certificates, a Branded Forest Site, and periodic monitoring reports. The deliverables included in a given plan are described at the point of sale.
5.2 Imagery and data are provided in good faith to evidence genuine activity in the field. To the extent permitted by law, and without limiting the Client's statutory rights, Evertreen does not warrant that every image or figure is exhaustive or free from error, given the practical limits of remote field monitoring.
6. PRICE, COMMISSION AND PAYMENT
6.1 Prices are displayed in GBP, USD, EUR and CAD. The price shown at checkout is the price payable for that purchase. A change of price does not affect a purchase already confirmed.
6.2 The Client's contribution funds eligible Project costs (including nursery propagation, planting labour paid to local farming partners, and Project Operator fees), together with monitoring, reporting, platform operation, and an administrative margin retained by Evertreen. On request, Evertreen will provide a plain-language explanation of how a contribution is applied.
6.3 Payment is processed by approved third-party processors, such as Stripe and PayPal, whose own terms also apply.
6.4 Subscription Plans renew automatically on the renewal date using the Client's saved payment method, unless cancelled in accordance with clause 7. Before each relevant renewal, Evertreen will send the Client a clear reminder stating the renewal date, the amount payable, any change in price, and how to cancel, in accordance with applicable law and the pre-contract information provided.
7. CANCELLATION AND REFUNDS
7.1 How Evertreen incurs cost. When a contribution is allocated to a Planting Cycle, spending begins before any tree reaches the ground. Seedlings are propagated and raised in partner nurseries, typically over several months ahead of out-planting, and farming partners are scheduled and paid for that work. Once that spend is committed at the Cost Commitment Point, it cannot be recovered, and trees that have been grown or planted cannot be reversed.
7.2 How to cancel. The Client may cancel a Subscription Plan at any time, easily, through the Client dashboard, or by giving Evertreen a clear statement of cancellation by email to support@evertreen.com. Cancellation requires no more steps than were needed to subscribe, and a cancellation takes effect to stop all future renewals. A Consumer may cancel simply by making a clear statement to that effect; no particular form of words is required.
7.3 Cancellation before the Cost Commitment Point. If the Client cancels before Evertreen has committed the relevant contribution to a Planting Cycle, the Client receives a full refund of that contribution. To allow time to halt committed spend, the Client is asked to cancel an upcoming renewal at least seven days before the renewal date. The renewal reminder under clause 6.4 is timed to reach the Client before this point so that the Client can cancel without loss.
7.4 Cancellation after the Cost Commitment Point. If the Client cancels after the relevant contribution has reached the Cost Commitment Point, a refund of that contribution is not available, because the funds have already been paid to nurseries and farming partners and the work has begun. In that case Evertreen will instead reallocate the equivalent value to a future or alternative Project of equal or greater environmental impact, so that the contribution is not lost.
7.5 Consumer cooling-off rights. If the Client is a Consumer, the Client has a statutory right to cancel and receive a refund within fourteen days of the initial purchase, and within fourteen days of any renewal that commits the Client to a further period of twelve months or more. These rights apply for any reason, cannot be waived or made conditional, and override clauses 7.3 and 7.4 to the extent those clauses would otherwise limit them. Evertreen will inform the Consumer of these rights before purchase and at the start of any renewal cooling-off period. Where a service has been partly provided at the Consumer's request before cancellation, any refund may be reduced proportionately to reflect the value of what has genuinely been supplied, to the extent permitted by law.
7.6 Business Clients. Clauses 7.3 and 7.4 set out the complete cancellation and refund position for Business Clients. The statutory consumer cooling-off rights in clause 7.5 do not apply to purchases made for business purposes. Corporate and bulk orders may instead be offered under a separate fixed-term Service Agreement, the terms of which will govern cancellation for those orders.
7.7 Payment queries and disputes. If the Client believes a charge is genuinely unauthorised or incorrect, the Client should contact Evertreen first at support@evertreen.com, and Evertreen will investigate and resolve the matter promptly and fairly. Nothing in these Terms removes the Client's right to raise a dispute with its bank or card provider. Where a dispute is raised, Evertreen may provide the payment processor with its record of the order and of the Client's acceptance of these Terms, so that the matter can be assessed accurately.
8. ACCEPTANCE AND ELECTRONIC RECORDS
8.1 By ticking the acceptance box at checkout, the Client agrees to these Terms. Evertreen keeps an electronic record of the order and of acceptance, including a timestamp, which forms part of the contractual documentation.
8.2 The Client agrees to receive communications, receipts and records electronically. This does not affect any right the Client has to request information in another durable form where the law so provides.
9. INTELLECTUAL PROPERTY AND BRAND USE
9.1 Evertreen grants the Client a non-exclusive, non-transferable, revocable, royalty-free, worldwide licence to use Evertreen trade marks, project images and marketing materials solely to communicate the Client's genuine participation in the Service.
9.2 Misrepresenting environmental impact, altering assets so as to mislead, or using materials in any unlawful or defamatory way, will result in revocation of this licence.
10. DATA PROTECTION
10.1 Evertreen processes personal data in accordance with the UK GDPR and the Data Protection Act 2018. Full details are set out in the Privacy Notice.
10.2 Where the Client provides names and email addresses of tree-gift recipients, Evertreen uses them only to deliver updates and dashboards. The Client confirms that it has obtained any consents required to share that information with Evertreen.
11. LIMITATION OF LIABILITY
11.1 Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any liability that cannot lawfully be limited, including, for Consumers, rights under the Consumer Rights Act 2015.
11.2 Subject to clause 11.1, and to the maximum extent permitted by law, Evertreen's total liability arising out of or in connection with the Service shall not exceed the total amount paid by the Client in the twelve months before the event giving rise to the liability.
11.3 Subject to clause 11.1, Evertreen is not liable for loss of profit, revenue or business opportunity, loss of data, or indirect or consequential loss. This clause 11.3 applies in full to Business Clients. For Consumers, it applies only to losses that were not a reasonably foreseeable result of Evertreen's breach.
12. FORCE MAJEURE
12.1 Evertreen is not in breach of these Terms where performance is prevented or delayed by causes beyond its reasonable control, including natural disasters, conflict, sanctions, epidemics, cyber-events or government action.
12.2 Where a force-majeure event prevents delivery of a contribution that has not yet reached the Cost Commitment Point, the Client may request a refund or reallocation of that contribution.
13. USER-GENERATED CONTENT
13.1 The Website may allow the Client to post reviews or comments. Evertreen may remove content that is unlawful, obscene or otherwise objectionable, applying this power fairly and consistently.
14. GENERAL
14.1 Entire agreement. These Terms and the Client's order confirmation form the entire agreement between the parties. This clause does not exclude liability for any statement made fraudulently.
14.2 Severability. If any provision is held to be unenforceable, the remaining provisions continue in full force.
14.3 Assignment. Evertreen may assign its rights and obligations to an affiliate or successor where this does not reduce the Client's rights. The Client may not assign without Evertreen's prior written consent.
14.4 Amendments. Evertreen may update these Terms by posting a revised version on the Website. For Subscription Plans, any material change will be notified to the Client in advance and will take effect at the Client's next renewal, allowing the Client to cancel before the change applies.
15. GOVERNING LAW AND JURISDICTION
15.1 These Terms, and any non-contractual obligations arising out of or in connection with them, are governed by the laws of England and Wales.
15.2 The courts of England and Wales have jurisdiction. A Consumer resident elsewhere in the United Kingdom may also bring proceedings in its home jurisdiction.
16. COMPLAINTS AND DISPUTE RESOLUTION
16.1 If the Client is dissatisfied with any aspect of the Service, it should contact Evertreen at support@evertreen.com. Evertreen aims to acknowledge complaints promptly and to resolve them fairly.
16.2 If a complaint cannot be resolved directly, a Consumer may be entitled to use an alternative dispute resolution scheme or, for online purchases, an online dispute resolution process. Nothing in these Terms affects a Consumer's right to bring legal proceedings.
17. CONTACT
CG GREEN SOLUTIONS LTD, Profile West, Suite 2, Floor 1, 950 Great West Road, Brentford, TW8 9ES, United Kingdom. Email: support@evertreen.com
