Welcome to Treefinity's NFT Marketplace. Treefinity Pty Ltd ("Treefinity", "we", "us", "our") offers a digital platform for users to engage in the ethical trading of Non-Fungible Tokens (NFTs) that represent and promote environmental conservation through tree planting.
The Treefinity NFT Marketplace (the "Marketplace") is designed to provide a community-driven space where users can buy, sell, and trade NFTs that symbolize the positive environmental impact of tree planting. Our goal is to combine technology and environmental activism to create a sustainable and greener future.
By accessing or using the Marketplace, you, the user ("User", "you"), agree to be legally bound by these Terms of Service ("Terms"). These Terms govern your access to and use of the Marketplace and all associated services provided by Treefinity.
If you do not agree with any part of these Terms, you must not access or use the Marketplace.
These Terms apply to all users of the Marketplace, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Additional terms and conditions or policies referenced herein or available by hyperlink may also apply to your use of the Marketplace. These include, but are not limited to, Treefinity's Privacy Policy and any specific guidelines or rules for particular features or promotions.
Treefinity reserves the right to update, change, or replace any part of these Terms by posting updates and/or changes to our Marketplace. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Marketplace following the posting of any changes constitutes acceptance of those changes.
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
In these Terms of Service, the following definitions are used:
Age Requirement: Users must be at least 18 years of age to register an account on the Treefinity Marketplace. By creating an account, users represent and warrant that they meet this age requirement.
Legal Capacity: Users must have the legal capacity to enter into contracts. This means users must not be under any legal disability or restriction which would prevent them from entering into a legally binding agreement.
Accurate Information: During the registration process, users are required to provide accurate, complete, and current information about themselves. This may include, but is not limited to, name, contact details, and payment information.
Account Verification: Treefinity may require additional verification of a user's identity or other information provided. Users agree to cooperate with any such requests and acknowledge that failing to do so may result in denial or termination of their account.
Confidentiality of Account Information: Users are responsible for maintaining the confidentiality of their account information, including their password and any other authentication credentials.
Account Security: Users are responsible for all activities that occur under their account, whether authorized or not. Treefinity should be immediately notified of any unauthorized use of a user's account or any other breaches of security.
Single Account Limit: Each user is permitted to create and operate only one account on the Treefinity Marketplace. Creating multiple accounts or using another person's account without their express permission is prohibited.
Keeping Information Updated: Users are responsible for keeping their account information, including contact and payment details, up-to-date. Failure to maintain accurate and complete information may result in the inability to access or use the Marketplace.
Review and Acceptance of Policies: By creating an account, users agree to review and accept Treefinity's Privacy Policy and any other relevant policies governing the use of their data and the Marketplace.
Violation of Terms: Treefinity reserves the right to suspend or terminate a user's account if there are reasonable grounds to believe that the user has violated these Terms, any applicable laws or regulations, or for any other reason deemed necessary to protect Treefinity and its users.
Account Inactivity: Treefinity may also terminate or deactivate accounts that are inactive for an extended period.
Tree Planting Significance: NFTs on the Treefinity platform symbolize the environmental impact and contributions made through tree planting activities. Each NFT corresponds to a specific tree planting effort, representing the user's commitment to environmental sustainability.
Educational and Awareness Purpose: The NFTs are intended to raise awareness and provide educational insights into the importance of tree planting and its benefits to the environment.
Non-Financial Assets: NFTs on Treefinity are strictly collectible items. They do not represent any form of financial investment, share, security, or equity. Their primary purpose is to signify environmental contribution and not to serve as a financial asset.
No Guarantee of Value: While NFTs may have a perceived value to collectors, Treefinity does not guarantee that their value will increase or that they can be sold for a profit.
Basis of Perceived Value: The perceived value of NFTs is based on their unique characteristics, such as the type of tree planted, the location of the planting, the rarity of the NFT, and its environmental significance.
No Monetary or Investment Potential: Users should not purchase NFTs with the expectation of monetary gain. The value of NFTs is subjective and contingent upon factors such as collector interest and the significance of the environmental contribution.
Responsible Trading: Users engaging in the trading of NFTs must do so responsibly, respecting the collectible nature of these tokens. Trading should be based on the user's interest in the environmental cause and the unique attributes of each NFT.
Non-Commercial Use: NFTs obtained through Treefinity should primarily be for personal use and not for commercial gain. Any commercial use of NFTs requires explicit permission from Treefinity.
Ownership of Artwork: While purchasers of NFTs acquire the token representing the environmental contribution, the underlying intellectual property, such as digital artwork, remains the property of the original creator or Treefinity, unless otherwise stated.
Financial Implications: Users shall not engage in activities that imply or suggest that NFTs are financial instruments, investment opportunities, or carry any form of financial return or profit.
Characteristics of NFTs: Misrepresentation, including overstating or fabricating the environmental impact, origin, or any other characteristics of the NFTs, is strictly prohibited.
Price Manipulation: Engaging in practices that artificially inflate or deflate the price of NFTs, such as coordinated buying or selling or spreading false information, is forbidden.
Insider Trading: Users with access to confidential or non-public information that may affect NFT prices must not use or share this information for trading on the Marketplace.
Fraud: Engaging in fraudulent activities, including but not limited to creating false accounts, identity theft, and fraudulent transactions, is prohibited.
Scams and Phishing: Users must not participate in or facilitate scams, phishing attempts, or other deceptive practices.
Lawful Use: The Marketplace must not be used for any illegal activities, including but not limited to money laundering, financing of terrorism, or violating intellectual property rights.
Reporting Obligation: Users are encouraged to report any illegal or suspicious activities they encounter on the Marketplace.
Harmful Behavior: Users must not engage in behavior that is harmful, threatening, abusive, harassing, defamatory, or discriminatory.
Exploitative Content: Content that is exploitative, obscene, or otherwise offensive is not permitted on the Marketplace.
Adherence to Policies: Users are expected to adhere to all Marketplace policies and guidelines, including privacy and data protection policies.
Regulatory Compliance: Users are responsible for ensuring that their use of the Marketplace complies with all relevant local, national, and international laws and regulations.
Enforcement Actions: Violation of any of these prohibited conducts may result in enforcement actions including, but not limited to, suspension of account, removal of listings, and termination of access to the Marketplace.
Legal Action: Treefinity reserves the right to take legal action, including reporting to law enforcement, in cases of serious violations.
Creator Rights: The original creators of the NFTs retain all intellectual property rights to their respective NFTs. This includes, but is not limited to, the artwork, design, and any associated digital content represented by the NFT.
User Ownership: Upon purchasing an NFT, the user acquires ownership of the digital item the NFT represents, subject to the original intellectual property rights.
Grant of License: By listing an NFT on the Treefinity Marketplace, the Content Creator grants Treefinity a non-exclusive, worldwide, royalty-free license to use, display, and perform the NFT in relation to the operation, promotion, and enhancement of the Marketplace.
Scope of License: This license includes the right to showcase NFTs in marketing materials, on social media, and in other promotional activities related to Treefinity.
Respect for Intellectual Property: Users agree to respect the intellectual property rights of NFT creators and other users. This includes refraining from copying, modifying, or distributing NFTs and associated content except as permitted by these Terms or by law.
Prohibited Use: Users must not use any NFTs or associated content from the Marketplace for commercial purposes without obtaining permission from the rightful owner.
Creator Responsibility: NFT creators represent and warrant that they have all necessary rights and permissions to create and list their NFTs on the Marketplace.
No Infringement: Creators also warrant that their NFTs do not infringe on the intellectual property rights, privacy rights, or other legal rights of any third party.
Infringement Claims: If Treefinity receives a credible claim that any content or NFT infringes upon another's intellectual property rights, Treefinity reserves the right to remove such content or NFT from the Marketplace.
User Notification: Treefinity will make reasonable efforts to notify the affected user of such removal and provide an opportunity for the user to respond or contest the claim.
Platform Rights: All rights, title, and interest in and to the Treefinity Marketplace, including its software, interfaces, graphics, design, compilation, information, data, computer code, and all other elements, are owned by Treefinity and are protected by intellectual property laws.
No Transfer of Rights: These Terms do not transfer any intellectual property rights from Treefinity to the user except for the limited license to use the Marketplace as intended.
The Treefinity Marketplace provides a platform for users to list, sell, and purchase NFTs representing tree plantings.
All transactions must adhere to the principles of fair trading and respect the integrity of the marketplace.
Listing Requirements: Users wishing to list NFTs must provide accurate and complete information about the NFT, including its origin, characteristics, and any conditions or limitations.
Prohibited Content: Listings that contain misleading, fraudulent, or illegal content are strictly prohibited and will be removed.
Transaction Process: Users must follow the prescribed process for transactions as provided by the Marketplace. This includes using approved payment methods and adhering to price listings and terms set by the seller.
Fees and Charges: Users will be informed of any transaction fees, processing charges, or other costs associated with using the Marketplace.
Fair Trading: Users must engage in ethical trading practices. This includes refraining from manipulating prices, participating in fraudulent activities, or engaging in any form of deceptive conduct.
Environmental Claims: Any environmental claims related to the NFTs must be accurate and verifiable. Misrepresentation of an NFT's environmental impact is strictly prohibited.
Buyer Due Diligence: Buyers are responsible for reviewing all NFT listings carefully before making a purchase.
Seller Obligations: Sellers are obligated to fulfill the terms of the sale as listed, including transfer of the NFT upon receipt of payment.
Handling Disputes: In the event of a dispute between users, Treefinity will provide guidance on the dispute resolution process, which may involve mediation or arbitration.
Marketplace Intervention: Treefinity reserves the right to intervene in disputes, especially in cases of suspected fraud or violation of these Terms.
Notification of Changes: Treefinity may update these Trading Rules from time to time. Users will be notified of any significant changes through their registered email or via notifications on the Marketplace.
Continued Compliance: Users are expected to comply with the most current version of these Trading Rules as a condition of continued use of the Marketplace.
Types of Fees: The Treefinity Marketplace may impose various fees, including but not limited to transaction fees, listing fees, and processing fees.
Fee Structure: A detailed fee structure will be clearly outlined on the Marketplace, indicating the specific fees applicable for different types of transactions or services.
Application of Transaction Fees: A transaction fee will be charged for each sale made through the Marketplace. This fee is typically a percentage of the sale price and is deducted at the point of transaction.
Seller's Responsibility: The seller is responsible for paying the transaction fee, unless otherwise specified.
Charges for Listing NFTs: A nominal fee may be charged for listing NFTs on the Marketplace.
Renewal and Duration: Information regarding the duration of listings and any fees associated with renewing listings will be provided.
Payment Processing Charges: Additional fees may be incurred for processing payments, depending on the chosen payment method.
Disclosure of Processing Fees: All processing fees will be disclosed at the time of transaction.
Accepted Methods: The Marketplace will accept various methods of payment, including but not limited to credit cards, debit cards, and specified cryptocurrencies.
Security and Compliance: All payment methods will comply with relevant security standards and financial regulations.
Refund Policy: The Marketplace's refund policy, including conditions under which refunds are allowed, will be clearly stated.
Cancellation Fees: If applicable, any fees related to the cancellation of transactions or listings will be outlined.
Notification of Changes: Treefinity reserves the right to modify the fee structure at any time. Users will be notified of any changes in fees through their registered email or via notifications on the Marketplace.
Agreement to Changes: Continued use of the Marketplace after changes in fees constitutes agreement to the new fee structure.
Provision of Invoices: Users will be provided with invoices or records of transactions, detailing the fees charged.
Record Keeping: Users are advised to keep records of their transactions for their own reference and tax purposes.
Familiarization with Terms: Users must thoroughly review and understand these Terms of Service before engaging in any activities on the Marketplace. By continuing to use the Marketplace, users are acknowledging that they understand and agree to these Terms.
Comprehension of NFT Nature: Users are responsible for understanding the nature of Non-Fungible Tokens (NFTs), including their characteristics, uses, and limitations as digital assets.
Account Security: Users are responsible for maintaining the confidentiality and security of their account credentials. This includes using strong passwords and not sharing account details with others.
Notification of Breach: In the event of any unauthorized use of a user's account or breach of security, users are obliged to promptly notify Treefinity.
Adherence to Legal Standards: Users must comply with all applicable local, state, national, and international laws and regulations in relation to their use of the Marketplace. This includes laws pertaining to intellectual property, digital assets, and financial transactions.
Prohibited Activities: Users must refrain from engaging in activities that are illegal, fraudulent, or infringe upon the rights of others.
Honest Dealings: Users must engage in honest and fair dealings when listing, buying, or selling NFTs. This includes providing accurate and truthful information about NFTs and transaction terms.
Avoidance of Market Manipulation: Users must not manipulate prices or engage in deceptive practices.
Appropriate Content: Any content uploaded or associated with NFT listings must adhere to community standards and must not contain offensive, illegal, or infringing material.
Reporting Inappropriate Content: Users are encouraged to report any content or activity on the Marketplace that they believe violates these Terms.
Veracity of Claims: If making any claims related to the environmental impact of the NFTs, users must ensure these claims are accurate, substantiated, and not misleading.
Assistance with Enquiries: Users agree to cooperate with Treefinity in the event of any investigation regarding activities on the Marketplace, including but not limited to fraud, market manipulation, or legal compliance issues.
General Limitation: To the fullest extent permitted by law, Treefinity shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Marketplace; (ii) any conduct or content of any third party on the Marketplace; (iii) any content obtained from the Marketplace; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Warranties: Treefinity does not warrant that the Marketplace will function uninterrupted, secure, or available at any particular time or location; nor does it warrant any errors or defects will be corrected.
User Responsibility: Treefinity shall not be liable for any loss or damage caused by a user's reliance on information obtained through the Marketplace, or a user's reliance on any product or service obtained from a third-party site to which the Marketplace links.
Variation by Jurisdiction: The limitations of damages set forth above are fundamental elements of the basis of the bargain between Treefinity and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you.
Hold Harmless: You agree to indemnify and hold harmless Treefinity and its employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Marketplace, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Marketplace.
Agreement Acknowledgment: The parties acknowledge that the limitations set forth in this section and the allocation of risk herein are an essential basis of the bargain between the parties.
Applicable Law: These Terms and any action related thereto will be governed and interpreted by and under the laws of Australia, consistent with the Commonwealth of Australia, without giving effect to any principles that provide for the application of the law of another jurisdiction.
Initial Dispute Resolution: Most disputes can be resolved without resorting to litigation. If you have any dispute with us, you agree that before taking any formal action, you will contact us and provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account).
Good Faith Negotiation: Both parties agree to attempt in good faith to resolve any dispute arising out of or in relation to these Terms, including any question regarding its existence, validity, or termination, through negotiation with persons who have the authority to resolve the dispute.
Agreement to Arbitrate: If the parties do not reach an agreed-upon solution within a period of 30 days from the time informal dispute resolution is pursued pursuant to section 11.2 above, then either party may initiate binding arbitration as the sole means to resolve disputes, subject to the terms set forth below.
Arbitration Rules: Any disputes arising out of these Terms will be resolved through binding arbitration in accordance with the rules of the Australian Centre for International Commercial Arbitration (ACICA).
Arbitration Process: The arbitration will be conducted in English, and the number of arbitrators shall be one, who shall be selected in accordance with the ACICA Rules.
Location: The seat, or legal place, of arbitration shall be Sydney, Australia. However, if the parties agree, the arbitration may occur in another mutually agreed location or via telephone or video conference.
Class Action Waiver: You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually. To the full extent permitted by law, (1) no arbitration or proceeding shall be joined with any other; (2) there is no right or authority for any dispute to be arbitrated or resolved on a class-action-basis or to utilize class action procedures; and (3) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Equitable Relief: The parties agree that the following disputes are not subject to the above provisions concerning binding arbitration: (i) any disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a party; (ii) any dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (iii) any claim for injunctive relief.
Modification Rights: Treefinity Pty Ltd ("Treefinity") reserves the right, at its sole discretion, to modify or replace these Terms of Service ("Terms") at any time. Changes may be made for various reasons, including but not limited to, complying with changes in laws or regulations, enhancing user experience, or addressing new features or functionalities of the Marketplace.
Method of Notification: Users will be notified of significant changes to these Terms. Notification may occur through various channels, including but not limited to, posting on the Treefinity NFT Marketplace website, direct communication via email, or through in-app notifications.
Advance Notice: Whenever feasible, Treefinity will provide advance notice of changes to these Terms before they become effective. The notice period, however, may vary depending on the nature and significance of the changes.
User Responsibility: Users are encouraged to periodically review the Terms to stay informed of any updates. The date of the last modification will be indicated at the top of the Terms.
Consent by Continued Use: Continued access or use of the Treefinity NFT Marketplace following the notification of changes to these Terms will constitute acceptance of the revised Terms. If a user disagrees with the modified Terms, their recourse is to cease using the Marketplace.
Effect on Transactions: Modifications to the Terms will not retroactively affect agreed-upon transactions unless specifically stated in the modification notice.
Availability of Past Versions: Treefinity may maintain an archive of previous versions of the Terms for users' reference. These archived versions will be accessible on the Marketplace's website or available upon request.
For general inquiries or concerns regarding these Terms of Service or the Treefinity NFT Marketplace, please reach out to us through the following channels:
Email: For written communication and detailed inquiries, please email us at admin@treefinity.org
Postal Mail: For formal correspondence, please send mail to: Treefinity Pty. Ltd. 237 Koonorigan Road Koonorigan, NSW 2480 Australia
For support-related questions, such as account issues, transaction disputes, or technical problems, please contact our customer support team at admin@treefinity.org or through the support feature in the Marketplace app.
We welcome your feedback and suggestions about our Marketplace and services. Please submit your feedback to dmin@treefinity.org or through the feedback form available on our website or Marketplace app.
We aim to respond to all inquiries promptly. For emails, please expect a response within 2 business days.
Stay connected and updated with Treefinitys latest news and updates through our social media channels:
Facebook: Twitter: LinkedIn: Please note that our social media channels are not typically used for support or formal inquiries.
For business-related inquiries, including partnerships, collaborations, or corporate matters, please contact us at admin@treefinity.org
Scope of Agreement: These Terms of Service ("Terms"), including any additional terms and policies referenced herein or available by hyperlink, constitute the entire agreement between you (the "User") and Treefinity Pty Ltd ("Treefinity") regarding your access to and use of the Treefinity NFT Marketplace (the "Marketplace").
Supersedes Previous Agreements: This agreement supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations, and understandings between the User and Treefinity, whether written or oral, relating to its subject matter.
Acknowledgement: You acknowledge that in entering into this agreement, you do not rely on, and shall have no remedies in respect of, any statement, representation, assurance, or warranty (whether made innocently or negligently) that is not set out in these Terms.
Validity of Remaining Provisions: If any provision or part-provision of these Terms is or becomes invalid, illegal, or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms.
Effort to Maintain Intent: If any invalid, unenforceable, or illegal provision of these Terms would be valid, enforceable, and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid, and enforceable while maintaining, as close as possible, the original intentions of Treefinity and the User.
Consistency of Enforcement: The failure or delay by Treefinity to exercise or enforce any right, power, or provision of these Terms shall not constitute a waiver of such right or provision in the future.
Waiver in Writing: A waiver of any right or provision of these Terms shall be effective only if in writing and signed by a duly authorized representative of Treefinity. No waiver by Treefinity of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.