Member Terms and Conditions

SUSTAINABLE PLANET CC TERMS AND CONDITIONS:  MEMBERS

  1. Introduction

    1. Sustainable Planet CC (hereinafter referred to as "we" “us” or “our”) owns, operates and maintains the Website.

    2. The Website operates as a platform to link businesses that are committed to the principles of environmental sustainability and members of the public who wish to direct their spending power towards such businesses.

    3. This agreement (“Agreement”) governs the terms and conditions upon which you will participate in the Website and its activities.  

  2. Conclusion of Agreement

    1. By checking the box at the end of this Agreement you :

      1. agree to the terms and conditions of this Agreement;

      2. hereby represent and warrant that you are lawfully able to enter into contracts (e.g., you are not a minor or otherwise legally prevented from contracting).

    2. In addition, if you are a company or other juristic entity, then the person agreeing to this Agreement on behalf of that company or juristic entity hereby represents and warrants that he or she is authorized and lawfully able to bind that company or juristic entity to this Agreement.

    3. The place of conclusion of this Agreement is our main place of business in Cape Town, South Africa.

  3. Interpretation

    1. In this Agreement, and unless the context clearly otherwise requires:

      1. "Business Day" means any day other than a Saturday, Sunday or public Holiday in South Africa;

      2. “Business Partner” means a person (other than a Member) who has concluded an agreement with us and whose business will participate in the Eco System. Business Partners are categorized as Mini-Monsters, Monsters or Money Monsters;

      3. “Commencement Date” means the date this Agreement is concluded with you and you become a Member of the Eco-System;

      4. “CPA” means the Consumer Protection Act 68 of 2008;

      5. “Eco-System” means the online platform provided by the Website whereby:

        1. participating Business Partners are ranked according to their environmental sustainability practices;

        2. Money-Monsters will offer products and services for sale to Members;

        3. Members may interact with Monsters and Money Monsters, and purchase products and services from Money Monsters;

      6. “Greengold Programme” means the rewards programme operated by us in terms of which you can, by way of purchases of products and services from Money Monsters, earn Greengold credits that you can use to purchase products and services from Money Monsters;

      7. “Member” means a person (including you) who has registered as a member of the Eco-System;

      8. “Mini-Monster” means a Business Partner who has a listing (but not a Profile Page) on the Website;

      9. “Monster” means a Business Partner who has a Profile Page on the Website;

      10. “Money-Monster” means a Business Partner who has a Profile Page on the Website that incorporates the Purchasing System;

      11. “Partner Page” means the internet page created by us for the benefit of each Monster or Money-Monster containing information of the Monster or Money-Monster and which forms part of and will be accessible via the Website;

      12. “Purchasing System” means the product ordering and processing system operated or to be operated via the Website in terms of which Members may acquire goods and services from Money Monsters.  It is anticipated that the Purchasing System will be operative in or around late 2011 or early 2012 ;.

      13. “Scorecard” means the scorecard of each Member whose score determines the rate at which Greengold is earned;

      14. “Website” means the internet website maintained from time to time by us with URL www.freethegreenmonster.com and www.ftgm.com.

  4. Duration

    1. This Agreement will commence on the Commencement Date and will endure indefinitely.

    2. You may terminate your membership of the Eco-System at any time by writing or emailing us.  

    3. We may cancel this Agreement (including the Greengold Programme) on 6 (six) months notice to you at any time.  We will give you notification of such cancellation.  

  5. Your obligations

    1. You warrant your identity (in other words you are who you say you are) and that you can prove your identity should we require you to do so.

    2. You undertake to keep your access details (user name and password) secret and confidential and not allow other people to use it.  You are responsible for all transactions carried out using your user name and password  

    3. If your password is compromised you must immediately report that to us.  Until you notify us to deactivate your password, we will not be responsible for any transactions that are performed without your knowledge or consent or any loss you suffer as a result.

  6. Business Partners

    1. The terms and conditions on which you transact with a Business Partner are contained on each Partner Page.

    2. We do not endorse the products and services offered or sold by our Business Partners via the Partner Pages or otherwise.  We do necessarily endorse any views, opinions and recommendations expressed by any Business Partner or Member.

    3. We are not an agent for any Business Partner in connection with any interaction or transaction between you and any Business Partner.

    4. We make no warranties and/or guarantees of information supplied by Business Partners.  We are not obliged to verify the correctness or accuracy of such information.  

    5. We do not guarantee the discharge by a Business Partner of any obligations which it may undertake to you.

    6. We will have no liability for any transaction between you and any Business Partner.

    7. It is your responsibility to obtain all information relevant to making a decision to transact with any Business Partner.

    8. You acknowledge that you are aware that we have contractual arrangements with the Business Partners (including in connection with the Greengold Programme) but that it is at all times within our sole and unfettered discretion whether and in what manner we enforce any of our rights in terms of the aforesaid contractual arrangements.

    9. The participation of any Business Partner in the Eco-System may terminate at any time and without prior notice to you.

  7. Operation of Website

    1. You will not have any claim against us (whether for damages or otherwise) relating to:

      1. any temporary interruption in the operation of the Website and/or the Purchasing System;

      2. any negligent act or omission by us;

      3. any inaccurate or inadequate information obtained from the Website by you.

    2. You agree and undertakes during the currency of this Agreement that you will:

      1. use the Website only for the purposes contemplated in this Agreement;

      2. not utilise the Website otherwise than in accordance with the provisions of this Agreement, nor will you permit others to do so.

    3. We retain the right to suspend any person's access to the Website in the event that we have reason to suspect that such person is using the Website in a manner which is an abuse of the Website or which constitutes a risk to other persons use of the Website or the integrity of the data captured, stored or contained in or by the Website.

  8. Greengold

    1. The Greengold Programme will operate as follows when the Purchasing System becomes operative :

      1. Money Monsters who sell their products and services via the Eco-System will offer discounts;

      2. the discount in respect of a particular transaction will depend on the Member’s Scorecard at the time of such transaction;

      3. when you purchase products and services from Money Monsters via the Eco-System, the discount applicable to such transaction will be credited to your Greengold account on the basis that each R1 discounted from the purchase price of the products and services will equal 1 Greengold credit;

      4. Greengold may be used to purchase goods and services from Money Monsters;

      5. you may not sell, issue, exchange or barter Greengold for cash;

      6. you may redeem Greengold for cash at a 20% discount to the face value of the credits redeemed;

      7. you are responsible for any tax implications arising from earning, winning or spending Greengold;

      8. you may not acquire Greengold in exchange for money or top-up your Greengold accounts by making a cash payment thereto.

      9. we will send you a statement periodically via email showing the balance in your Greengold account.  You are also able to view your Greengold transaction history on the Website;

      10. if we terminate this Agreement in terms of clause 4.3, you must redeem all Greengold earned by you at that time up within the 6 (six) month notice period.

    2. Subject to 8.3, all unspent Greengold will be forfeited upon termination of this Agreement.

    3. On your death, Greengold in your Greengold account may be transferred to an beneficiary(ies)/heir(s) who registers as a Member. We may request adequate proof of death and of the authority of any person purporting to act as your executor.

    4. Once earned or won, Greengold is valid for a period of 3 years from the date of credit to your Greengold account.

    5. hen the Purchasing System becomes operative this Agreement will be modified to include more detailed terms and conditions pertaining to the use of the Purchasing System and the Greengold Programme.  

  9. Privacy

We respect your privacy and your personal information. For this reason, we have prepared a Privacy Policy to let you know how we will treat any personal information that we may have about you. We will take all reasonable steps, in accordance with our privacy policy, to protect your personal information and to keep it confidential, even when you are no longer a Member.

  1. Nature of Relationship

We give no warranty or guarantee, express or implied, in respect of any of the services supplied by us under this Agreement other than those expressly contained in this Agreement.

  1. Intellectual Property

    1. You acknowledge that we are the owner of all rights relating to the intellectual property which exist from time to time in relation to the Website including without limitation the domain name thereof, trademarks used in connection therewith, copyright which may subsist from time to time in the artwork and layout thereof, and the content and layout of the Partner Pages.  

    2. Information on the Website is provided to you solely for your personal and non-commercial use.  You may not sub-license, resell, republish (including internet posting, electronic mailing, faxing, archiving in a public database, redistributing via a computer network, or in a printed form to third parties), reproduce, retransmit, disseminate, sell, broadcast, commercially exploit, adapt or circulate any information on (or accessed via) the Website without our express written consent.  Without limiting the generality of the aforesaid, you may not reproduce or distribute, or substantially copy any information from the Website onto your own server, or link to this Website, without our prior written permission.

  2. General

    1. To the maximum extent permitted by law, we will not be liable for any indirect or consequential loss or damage (including loss of profit) which you may suffer in connection with the services rendered by us to you under this Agreement.

    2. If you breach this Agreement, in addition to any other right we may have at the time, we may also suspend your access to the Website for as long as such breach persists.

    3. This document (as amended from time to time in terms of clause 12.4) contains the entire agreement between us relating to the subject matter hereof.

    4. We may modify any of the terms and conditions contained in this Agreement at any time and in our sole discretion by, at least 7 days prior to the effective date of the modification, posting a change notice or revised Agreement on the Website and, in the case of changes to the contractual terms of the Agreement, by sending a notification to the email address then-currently nominated by you for communications.  You may during that 7-day period, as your sole recourse, notify us in writing of your objections to the modifications and, if you do so, this Agreement will automatically terminate on the effective date of the modification to which you objected.  If any modification is unacceptable to you, your only recourse is to terminate this Agreement in writing. Your continued participation in the eco-system following the expiry of the period of 7 days following notification will constitute your binding acceptance of the change.

    5. No indulgence, leniency or extension of time which any party may grant or show to any other party, will in any way prejudice such party or preclude such party from exercising any of its rights in the future.

    6. This Agreement is governed by South African law and we both agree that only the South African courts will have jurisdiction over any dispute between us.

    7. Except as expressly provided to the contrary herein, each paragraph, clause, term, and provision of this Agreement and any portion thereof shall be considered severable and if, for any reason any part of this Agreement is held to be invalid, contrary to, or in conflict with any applicable present or future law, statute or regulation (including, without limitation, the CPA to the extent applicable) or in terms of a final, binding judgment issued by any arbitrator or Court, it shall not impair the operation of, or have any other effect upon, such other portions of this Agreement as may remain otherwise intelligible, which remaining provisions shall continue to be given full force and effect and bind the parties hereto.

  3. Notices

    1. We choose for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from this Agreement at the physical address, fax numbers and email addresses set forth on the Website (domicilium citandi et executandi ("domicilium")).

    2. You chose as your domicilium the physical address, fax numbers and email addresses supplied by you when you registered as a Business Partner.

    3. Notices may be sent by prepaid registered post, delivered by hand or communicated by facsimile or email.  Unless the contrary is proved, any notice:

      1. sent by prepaid registered post will be deemed to have been received on the 5th (Fifth) Business Day after posting;

      2. any notice delivered by hand on a Business Day will be deemed to have been received on the date of delivery;

      3. any notice communicated by facsimile on a Business Day will be deemed to have been received on the same day of transmission;

      4. any notice transmitted by email on a Business Day will be deemed to have been received on the same day of transmission.

    4. Either of us may by written notice to the other vary our domicilium to any other address in the Republic of South Africa which is not a post office box or poste restante (mail holding service), provided that the change will become effective only 14 (fourteen) days after service of the notice in question.

    5. Notwithstanding the above, any notice given in writing in English, and actually received by the party to whom the notice is addressed, will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with this clause.