terms and conditions

Welcome to your “Carbon Assessment Tool” brought to you by AirSeed! AirSeed is operated by AirSeed Technologies Australia Pty Ltd (ABN 12 651 133 283) (AirSeed Technologies) and its affiliates (we, us or our). These Terms of Use (Terms) (last updated on 24 January 2024) set out the terms on which we offer the “Carbon Assessment Tool” and affiliated Carbon Assessment Reports (Carbon Assessment) to purchase (referred to as you or your).

You may use and purchase your Carbon Assessment through our website. By purchasing a Carbon Assessment, you agree to be bound by these Terms. If you do not agree with these Terms, you are not entitled to purchase or receive the Carbon Assessment. By accepting these Terms, you are representing to us that you reside in Australia and are at least 18 years old and able to enter a valid contract, or that your legal guardian has reviewed these Terms and agreed to these Terms on your behalf.

If you have any questions, complaints, or comments about your Carbon Assessment, please contact us.

1. Who we are

• AirSeed enables organisations and landholders to streamline the assessment, development, validation and verification of nature-based projects, significantly de-risking projects whilst empowering organisations and landholders to monitor their environmental impact, effectively manage nature-based projects, and ensure compliance with regulatory standards. Through our hybrid methodologies AirSeed Technologies is leveraging its patented seed pod technology, SaaS platform, advanced data analytics and AI-driven remote sensing planting capabilities in order to transform reforestation practices, the restoration of lost biodiversity at scale, mine site rehabilitation and natural disaster recovery in Australia and the rest of the world.
• These Terms set out your rights and responsibilities when using the Carbon Assessment tool and website.

1. your carbon assessment explained

2.1 our services

• when you use or purchase a Carbon Assessment, we will:
  • provide you with an on-screen Flash Carbon Assessment Report (free of charge) and/or a Comprehensive Carbon Assessment Report specific to the property or land details you have submitted (paid report), as described on our website; and
• You acknowledge and agree that:
  • AirSeed will take all reasonable steps to compile and compose your Carbon Assessment based on the information you provided via our website or a discovery call with an AirSeed team member.

2.2 purchasing a carbon assessment

• Anyone can access our website and obtain a Flash Carbon Assessment Report for free. However, you will not be able to download a Comprehensive Carbon Assessment Report unless you request or purchase a Comprehensive Carbon Assessment Report through our website or a discovery call with an AirSeed team member.
• Once you select a Comprehensive Carbon Assessment Report, provide your personal information (as specified below) to us, and make full payment of the fees to us:
  • you are permitted to use the Comprehensive Carbon Assessment Report in accordance with these Terms; and
  • you will be sent via email the on-screen Carbon Assessment Flash Report and/or the Comprehensive Carbon Assessment Report.

2.3 corporate users

Corporate users are also able to use AirSeed's services. If you are entering into this agreement on behalf of a corporate entity:

• you will need to get access by purchasing a Comprehensive Carbon Assessment Report, as described in clause 2.2(a), or alternatively we may agree to additional terms with you through an order form, and
• by purchasing a Comprehensive Carbon Assessment Report, you warrant and represent that:
• you are authorised on behalf of the entity to bind the entity to these Terms; and the entity has the authority to enter into these Terms. 
• Any additional terms agreed to in writing through an order form, are incorporated into this Agreement and take precedence over these Terms.

2.4 purchasing terms

• Your Carbon Assessment will take effect on the date you purchase a Comprehensive Carbon Assessment Report from us.
• Subject to any rights we are not permitted to exclude by law, you will not be entitled to a refund for any fees.
• We may retain certain information (including your personal details and other relevant metadata such as payment data) on our systems beyond the date of deletion for accounting and audit reasons for as long as is necessary to fulfil our legal and/or contractual obligations or otherwise for other legal purposes.

4. using our website

4.1 our obligations

• We will maintain administrative, physical, and technical safeguards for the protection of the security, confidentiality, or integrity of the website.
• We may monitor your use of the website to identify or resolve any technical problems or respond to complaints, monitor bandwidth usage or to determine if you are complying with the licence granted under these Terms.
• We provide the Carbon Assessment on an “as is” and “as available basis”. However, our services come with guarantees that cannot be excluded under the Australian Consumer Law. Please see clause 8 for further details on the statutory remedies available to you in the event a non-excludable guarantee is breached.
• To the extent permitted by law we give no further warranty that the website will be free of defects and/or faults, that defects will be corrected or that the website or the server that makes them available are free of viruses or anything else which may be harmful or destructive.
• Whilst we will use reasonable endeavours to ensure that the website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and you are responsible for your own security, that of your personal details and your computer, tablet, smartphone, laptop or other device that you use for accessing the website. Other than as expressly set out in these Terms, we accept no liability for any disruption or non-availability of the website.
• Our website may contain links to Third-Party Sites (including websites linked through advertisements or other posts). These linked sites are not controlled by us, and we are not responsible for the content of those sites. We do not endorse, support or sponsor any Third-Party Sites, including their operators, goods, services or content that they describe. Before you use a Third-Party Site, you should review its terms of use because these Terms do not govern your use of any Third-Party Site.
• We do not guarantee the delivery or security of communications over the internet as such communications rely on third party service providers, and electronic communication (including electronic mail) is vulnerable to interception by third parties. While we take reasonable precautions to protect information transmitted through the website, we cannot and do not guarantee the security or confidentiality of these communications or the security of the website.

4.2 your obligations

• You must not do any act, or omit to do any act, when accessing or using the website which has the purpose or effect of:
  • violating these Terms;
  • contravening any applicable laws or regulations, or encouraging a third party to do so;
  • transmitting Malicious Code, or sending spam communications, to us, or a third party;
  • modifying, copying, reproducing or tampering in whole or part of the website, including any of its source code and content;
  • selling, leasing, licencing or otherwise permitting third party access to the website;
  • or attempting to gain, or gaining, unauthorised access to our network, servers or systems.
• It is your responsibility to ensure you have appropriate backup measures in place because we are not responsible for loss, delay, interception or corruption in relation to your data or information you provide to the website or retrieve from our network, servers or systems.

4.3 content standards

When accessing and using the our website, you will not engage, attempt to engage or encourage or authorise any third party to engage in any activities that:

• modify the website;
• impersonate or falsely claim to represent us or a third party;
• frame or publicise the website in any way without our express written permission;
• or post, link to, or otherwise communicate or distribute any inappropriate, vulgar or unlawful material via the website.

5. payment

• Payment for your Comprehensive Carbon Assessment Report is made through your Account. We use a third-party service provider, Stripe Payments Australia Pty Ltd (Stripe) to provide the payment gateway services for AirSeed's services. Stripe and its global affiliates process transactions (including payment transactions) for AirSeed Technologies. Unless otherwise agreed in writing we only accept payments via Stripe. We do not store your payment information. For more information about these Stripe and their end user terms of service, please visit stripe.com/au.
• If you have any concerns about the payment that you have made using our third-party service provider, please contact us in the first instance.
• If we are unable to successfully process your payment, then we may cancel your Purchase. You must not pay, or attempt to pay, through any fraudulent or unlawful means.
• We will provide you with a receipt once payment is successful.

6. intellectual property rights

• We and our licensors retain all rights, title and interest in all Intellectual Property Rights related to your Carbon Assessment including all content created or developed by us that is made available to you via or displayed through our website.
• To the extent that you provide your own content to AirSeed (User Content), you retain all ownership of any Intellectual Property Rights in your User Content. You grant us a non-exclusive, irrevocable, royalty-free, sub-licensable and transferable licence to use your User Content for the purpose of performing our obligations and exercising our rights under these Terms. You warrant that any User Content you provide does not infringe the Intellectual Property Rights of any third-party. We will keep your User Content secure and handle any personal information that you provide in accordance with our Privacy Policy.
• You consent to your User Content being altered, edited or adapted by us for any reason including to ensure your content does not infringe these Terms. To the extent that you have any moral rights (pursuant to the Copyright Act 1968 (Cth)) in your content, by providing your content, you provide an irrevocable and unconditional consent in favour of us and our licensors, successors, assignees and any other person authorised by any of them to use, modify or deal with your content (whether or not currently in existence) in a way that would infringe your moral rights (pursuant to the Copyright Act 1968 (Cth)).
• Where your content provided contains material from third parties, you must obtain the moral rights consents described in clause 6(c) from such third parties.
• You acknowledge the data generated by us arising out of your use of the website and any feedback provided by you to us in relation to your Carbon Assessment may be used by us for the purpose of further improving our technology, performing industry analysis or analytics, or otherwise to conduct our business.

7. privacy and cookies

• Any personal information submitted by you (whether personal information of you or another individual which you have the necessary consents to disclose) to us is subject to and will be handled in accordance with our Privacy Policy. You agree that, by communicating with us, you have read the Privacy Policy, understood its contents and consented to its requirements.
• You consent to us collecting from you the following information: full name, telephone number, email address and property address. We may collect other personal information from time to time in accordance with our Privacy Policy. We collect these types of personal information to allow us to provide you with access to our website and for other purposes described in our Privacy Policy. If you do not provide us with this information, you will not be able to create a profile, or you may not be able to retrieve the on-screen Flash Carbon Assessment Report or purchase the Comprehensive Carbon Assessment Report.
• You must not provide any personal information of another individual to our website unless you first make them aware of our Privacy Policy and have their consent to provide their personal information to our website.
• We may use cookies to distinguish you from other customers and users of our Carbon Assessment tool. This helps us to provide you with a good user experience when you access and/or use our website and also allows us to improve our site. A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer, if you agree. Cookies contain information that is transferred to your computer's hard drive.
• You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our website.
• In accordance with The Australian Privacy Act 1988 and if you wish to access, update/correct or delete your personal data, you can do so here  or by contacting us at contact@airseedtech.com  You can always object to the processing of your personal data, please ask us to restrict processing of your personal data or request a data export. Again, you can do so here  or by contacting us.
• You have the right to complain to a data protection authority about our collection and use of your personal data. For more information, please contact your local data protection authority.

8. australian consumer law

• Subject to clause 8(b), any representation, warranty, condition, guarantee or undertaking that would be implied in these terms by legislation, common law, equity, trade, custom or usage is excluded to the maximum extent permitted by law. We do not provide refunds for change of mind.
• Nothing in these Terms excludes, restricts or modifies any condition, warranty, right or remedy conferred by the Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot be excluded, restricted or modified by agreement.
• To the fullest extent permitted by law, our liability for a breach of a non-excludable guarantee, condition or warranty is limited at our option (where permitted by the Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)) to:
  • in the case of goods, any one of the following: a refund and return of the goods, replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods or the payment of the cost of having the goods repaired; or
  • in the case of services, any one of the following: the refund and return of the unused service, the supply of the services again or the payment of the cost of having the services supplied again.
• You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure you are entitled to have problems with your Subscription rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

9. liability and indemnity

• Subject to clause 8(b), to the maximum extent permitted by law (including under the Australian Consumer Law), we exclude any liability to you, whether in contract, tort (including negligence) or otherwise, for any special, indirect or consequential loss, loss of profits, loss of sales or business, loss of production, loss of agreements or contracts, loss of business opportunity, loss of anticipated savings, loss of or damage to goodwill, loss of reputation, loss of use or corruption of software, data or information (including Subscriber Content) however arising under or in connection with these Terms.
• Subject to clause 9(a) and 8(b), to the maximum extent permitted by law (including under the Australian Consumer Law), our aggregate liability in respect of any claims arising out of or in connection with these Terms, whether in contract or tort (including negligence) or otherwise, will in no circumstances exceed AUD $1,000.00. To the extent permitted by law, we are not liable for any acts or omissions of a third party.
• You will indemnify us (and our directors, officers, employees, agents, contractors and subsidiaries) against any loss, damage, expense claim or demand (including reasonable legal fees and costs) made against us by any third party due to or arising out of your breach of these Terms, your infringement of any applicable law or regulation, or your infringement of any rights of a third party in relation to your use of the website.

10. privacy and cookies

10.1 dispute resolution

• If you are not happy with the services that you have received from us, please let us know. Following the receipt of your concern, we will provide you with a response as soon as we can.
• If you are not happy with the response and/or the outcome that you have received from us, you agree that before commencing proceedings in court (other than in circumstances where you seek urgent interlocutory relief) you will cooperate with us (and, if applicable, a Third Party Vendor) to try and settle the dispute by mediation using the Resolution Institute's Mediation Rules within 21 days of us providing a response to you under clause 11.1(a).

10.2 other terms and conditions

• Carbon Assessments are intended for customers residing within Australia.
• Except where stated to the contrary, clauses 9, 6, 10.1 and 10.2 survive the termination or expiration of this Agreement.
• You must not assign or novate your rights or obligations under these Terms, except with our written permission.
• We will not be in breach of these Terms or liable to you for any loss incurred by you as a result of us failing or being prevented, hindered or delayed in the performance of the obligations under these Terms where such prevention, hindrance or delay is caused by an event or circumstance beyond our reasonable control.
• These Terms will be governed by and construed in accordance with the laws of New South Wales, Australia which will have exclusive jurisdiction over any disputes.
• If for any reason a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, the remainder of these Terms will continue in full force and effect.
• These Terms constitute the entire agreement between the parties regarding the matters set out above and supersede any prior representations, understandings or arrangements made between the parties, whether orally or in writing.

10.3 definitions

In these Terms, the following words used have the following meaning, unless defined elsewhere in these Terms:

Account has the meaning given in clause 3(a).

Disclosing Party means the party to whom information belongs or relates.

Intellectual Property Rights means any and all intellectual and industrial property rights throughout the world, whether subsisting now or in the future, including rights of any kind in:

• inventions, discoveries and novel designs, whether or not registered or registrable as patents, innovation patents or designs, including developments or improvements of equipment, technology, processes, methods or techniques;
• literary works, dramatic works, musical works, artistic works, cinematograph films, television broadcasts, sound broadcasts, published editions of works and any other subject matter in which copyright (including future copyright and rights in the nature of or analogous to copyright) may, or may upon creation of the subject matter, subsist anywhere in the world;
• registered and unregistered trademarks and service marks, including goodwill in the business concerned in the relevant goods and services; and
• trade, business or company names.

Malicious Code means any virus, trojan horse, worm, logic bomb, attack script, backdoor or other malicious code that could infect, interfere, manipulate, modify, deny, corrupt or inhibit the operation of the website, network, data or servers.

Privacy Policy means our policy that describes how we comply with our privacy obligations and is made available to you on our website.

Receiving Party means the party to whom information is disclosed or who possesses or otherwise acquires information belonging or relating to a Disclosing Party.

Carbon Assessment means an order placed by you through our website for an on-screen Flash Carbon Assessment Report or a Comprehensive Carbon Assessment Report to receive certain services from AirSeed Technologies and have access to the Platform.

Third Party Site means a site that is linked to our website for the purpose of registering an Account or providing additional information to you.

10.4 interpretation

In these Terms, unless the context requires otherwise:

• reference to time is to New South Wales, Australia time unless otherwise the word “person” includes a natural person, partnership, body corporate, association, governmental or local authority, agency and any other body or entity whether incorporated or not;
• a reference to time is to New South Wales, Australia time unless otherwise specified; and
• a reference to all or any part of a law, statute, rule, regulation or ordinance (statute) includes that statute as amended, consolidated, re-enacted or replaced from time to time.

10.5 our contact details