Terms and Conditions

Terms and Conditions – Treeplomatic

This terms and conditions would apply if your country of residence is within the European Economic Area (“EEA”) or the United Kingdom, your agreement with Treeplomatic comprises the European Users.

If your country of residence is outside of the EEA or the United Kingdom, your agreement with Treeplomatic comprises the terms of service for Non-European Users.

Please read these Terms of Service for European Users (“Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Treeplomatic Platform, you agree to comply with and be bound by these Terms.

You can access the European Commission’s online dispute resolution platform here: http://ec.europa.eu/consumers/odr. Please note that Treeplomatic is not committed nor obliged to use an alternative dispute resolution entity to resolve disputes with consumers.

Thank you for using Treeplomatic!

These Terms constitute a legally binding agreement ("Agreement") between you and Treeplomatic (as defined below) governing your access to and use of the Treeplomatic website, including any subdomains thereof, and any other websites through which Treeplomatic makes its services available (collectively, "Site"), our mobile, tablet and other smart device applications, and application program interfaces (collectively, "Application") and all associated services (collectively, "Treeplomatic Services"). The Site, Application and Treeplomatic Services together are hereinafter collectively referred to as the “Treeplomatic Platform”. User Refund Policy, Non Discrimination Policy and other Policies applicable to your use of the Treeplomatic Platform are incorporated by reference into this Agreement.

Our collection and use of personal information in connection with your access to and use of the Treeplomatic Platform is described in our Privacy Policy.

Registered users alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Listings and Services (as defined below).

Registered users are alone responsible for identifying and obtaining any required licenses, permits, or registrations for any Services they offer. If you have questions about how local laws apply to your Listing(s) and Service(s) on Treeplomatic Platform you should always seek legal guidance.

Table of Contents

Scope of Treeplomatic Services
Eligibility, Using the Treeplomatic Platform, Member and Account Verification
Modification of these terms
Account Registration
Content
Service Fees
Terms specific for Registered Users/Service Providers Ratings and Reviews
Booking Hotels or Accommodations
Listing Modifications, Cancellations and Refunds, Resolution Center
Dispute between Members
Rounding off, Currency conversion
Taxes
Prohibited Activities
Term and Termination, Suspencion and other Measures
Disclaimers
Liability
Indemnification
Dispute Resolution
Feedback
Applicable law and Jurisdiction
General Provisions

1. Scope of Treeplomatic Services

1.1 The Treeplomatic Platform is an online marketplace that enables registered users (“Members”) and certain third parties who offer services (Members and third parties who offer services are “Service Providers” and the services they offer are “Member Services”) to publish such Services on the Treeplomatic Platform (“Listings”) and to communicate and transact directly with Members that are seeking to acquire Goods or such Services.

1.2 As the provider of the Treeplomatic Platform, Treeplomatic does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Services, nor is Treeplomatic an organiser or retailer of listing packages under Directive (EU) 2015/2302. Registered users and Service providers alone are responsible for their Listings and Services. When Members provide or accept a service or listing, they are entering into a contract directly with each other. Treeplomatic is not and does not become a party to or other participant in any contractual relationship between Members, nor is Treeplomatic a broker or insurer. Treeplomatic is not acting as an agent in any capacity for any Member.

1.3 While we may help facilitate the resolution of disputes, Treeplomatic has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. Treeplomatic does not endorse any Member, Listing or Services. Any references to a Member being “verified” (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by Treeplomatic about any Member, including of the Member's identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to acquire a particular good or delivery a service through the Treeplomatic Platform.

Verified Images (as defined below) are intended only to indicate a photographic representation of a Listing at the time the photograph was taken and are therefore not an endorsement by Treeplomatic of any Listing.

1.4 If you choose to use the Treeplomatic Platform as a Registered User or a Service Provider, your relationship with Treeplomatic is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or business partner of Treeplomatic (with a financial interest or shares in Treeplomatic for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Treeplomatic. Treeplomatic does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the participating Services. You acknowledge that you have complete discretion whether to list Goods or Services or otherwise engage in other business or professional activities.

1.5 To promote the Treeplomatic Platform and to increase the exposure of Listings to potential Users, Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements in accordance with Section 5. To assist Members who speak different languages, Treeplomatic may make automated tools available to enable Members to translate Listings and other Member Content, in whole or in part, into other languages. Members are free to use these tools at their own discretion. Treeplomatic cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations.

1.6 The Treeplomatic Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Treeplomatic is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Treeplomatic of such Third-Party Services.

1.7 Treeplomatic is not responsible for outages or disruptions of the Internet and telecommunications infrastructure which are beyond our control and can lead to interruptions in the availability of the Treeplomatic Platform. Treeplomatic may, temporarily and under consideration of the Members’ legitimate interests (e.g. by providing prior notice), restrict the availability of the Treeplomatic Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Treeplomatic Platform. Section 17 (Liability) remains unaffected. Treeplomatic may improve, enhance and modify the Treeplomatic Platform and introduce new Treeplomatic Services from time to time. Treeplomatic will provide notice to Members of any changes to the Treeplomatic Platform, unless such changes are of minor nature without having a material effect on the parties’ contractual obligations.

2. Eligibility, Using the Treeplomatic Platform, Member and Account Verification

2.1 In order to access and use the Treeplomatic Platform or register an Treeplomatic Account you must be an individual at least 18 years old and be a member of a participating organisation or other legal entity in good standing under the laws of the country you are registered and duly authorised to enter into legally binding contracts.

2.2 You will comply with any applicable export control laws in your local jurisdiction. You also represent and warrant that (i) neither you nor those under your registration or Service(s) are located or take place in a country that is subject to a European or U.S. Government embargo, or that has been designated by the European, UK or U.S. Government as a "terrorist supporting" country, and (ii) you are not listed on any European, UK or U.S. Government list of prohibited or restricted parties.

2.3 Treeplomatic may make access to and use of the Treeplomatic Platform, or certain areas or features of the Treeplomatic Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or a Member’s listing and cancellation history.

2.4 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Members against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).

2.5 The access to or use of certain areas and features of the Treeplomatic Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions, before you can access the relevant areas or features of the Treeplomatic Platform. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Treeplomatic Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise in the latter terms and conditions.

2.6 If you access or download the Application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement. Some areas of the Treeplomatic Platform may implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.

3. Modification of these Terms

Treeplomatic reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Treeplomatic Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Treeplomatic Platform will constitute acceptance of the revised Terms.

4. Account Registration

4.1 You must register an account ("Treeplomatic Account") to access and use certain features of the Treeplomatic Platform, such as publishing or acquiring a Listing. If you are registering a Treeplomatic Account for a business, organization or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.

4.2 You can register a Treeplomatic Account using a corporate or an email attributed to you by your organisation and creating a password. You may not register an account using certain third-party social networking services, such as Facebook or Google.

4.3 You must provide accurate, current and complete information during the registration process and keep your Treeplomatic Account and public Treeplomatic Account profile page information up-to-date at all times.

4.4 You may not register more than one (1) Treeplomatic Account unless Treeplomatic authorizes you to do so. You may not assign or otherwise transfer your Treeplomatic Account to another party which has not been previously authorised and verified by us.

4.5 You are responsible for maintaining the confidentiality and security of your Treeplomatic Account credentials and may not disclose your credentials to any third party. You must immediately notify Treeplomatic if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Treeplomatic Account. You are liable for any and all activities conducted through your Treeplomatic Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).

4.6 Treeplomatic may enable features that allow you to authorize other Members or certain third parties to take certain actions that affect your Treeplomatic Account. For example, we may enable Members to link their treeplomatic Accounts to businesses and take actions for those businesses, we may enable eligible Members or certain third parties to book Listings on behalf of other Members, or we may enable Hosts to add other Members as Co-Hosts (as defined below) to help manage their Listings. These features do not require that you share your credentials with any other person. No third party is authorized by Treeplomatic to ask for your credentials, and you shall not request the credentials of another Member.

5. Content

5.1 Treeplomatic may enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Treeplomatic Platform ("Member Content"); and (ii) access and view Member Content and any content that Treeplomatic itself makes available on or through the Treeplomatic Platform, including proprietary Treeplomatic content and any content licensed or authorized for use by or through Treeplomatic from a third party ("Treeplomatic Content" and together with Member Content, "Collective Content").

5.2 The Treeplomatic Platform, Treeplomatic Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United, Kingdom and other countries. You acknowledge and agree that the Treeplomatic Platform and Treeplomatic Content, including all associated intellectual property rights, are the exclusive property of Treeplomatic and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Treeplomatic Platform, Treeplomatic Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Treeplomatic used on or in connection with the Treeplomatic Platform and Treeplomatic Content are trademarks or registered trademarks of Treeplomatic in the United Kingdom and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Treeplomatic Platform, Treeplomatic Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.

5.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Treeplomatic Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Treeplomatic or its licensors, except for the licenses and rights expressly granted in these Terms.

5.4 Subject to your compliance with these Terms, Treeplomatic grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the Treeplomatic Platform and accessible to you, solely for your personal and non-commercial use unless where authorised.

5.5 By uploading, posting or otherwise making available any Member Content on or through the Treeplomatic Platform, you grant to Treeplomatic, as you create, publish or make it available, a non-exclusive, worldwide, royalty-free, sub-licensable and transferable license to such Member Content, for the term of the protection of the rights so licensed, to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the Treeplomatic Platform, in any media or platform, known or unknown to date and in particular on Internet and social networks. Insofar as Member Content (including Verified Images) includes personal information, such Member Content will only be used for these purposes if such use complies with applicable data protection laws in accordance with our Privacy Policy. Unless you provide specific consent, Treeplomatic does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content.

5.6 You are responsible for ensuring that your Listing or Service is accurately represented in the Verified Images and you will stop using the Verified Images on or through the Treeplomatic Platform if they no longer accurately represent your Listing.

5.7 You are solely responsible for all Member Content that you make available on or through the Treeplomatic Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the Treeplomatic Platform or you have all rights, licenses, consents and releases that are necessary to grant to Treeplomatic the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Treeplomatic's use of the Member Content (or any portion thereof) as contemplated under these Terms will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

5.8 You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libellous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates Treeplomatic’s Content Policy or any other Treeplomatic policy. Treeplomatic may remove or disable access to any Member Content that is in violation of applicable law, these Terms or Treeplomatic’s then-current Policies or Standards or otherwise may be harmful or objectionable to Treeplomatic, its Members, third parties, or property. Where Treeplomatic removes or disables Member Content, Treeplomatic will notify a Member and provide the reasons for such a measure, unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other Members or third parties, or (ii) contravene applicable laws. You may appeal such a decision by contacting our customer service team.

5.9 Treeplomatic respects copyright law and expects its Members to do the same. If you believe that any content on the Treeplomatic Platform infringes copyrights you own, please notify us in accordance with our Copyright Policy.

6. Service Fees

6.1 Treeplomatic may charge fees to Registered users ("User Fees") and/or Service Providers (collectively, "Service Fees") in consideration for the use of the Treeplomatic Platform. More information about when Service Fees apply and how they are calculated can be found on our Service Fees page.

6.2 Any applicable Service Fees (including any applicable Taxes) will be displayed to a Host or Guest prior to publishing or booking a Listing. Treeplomatic reserves the right to change the Service Fees at any time and will provide Members adequate notice of any fee changes before they become effective. Such fee changes will not affect any listings made prior to the effective date of the fee change.

6.3 You are responsible for paying any Listing or Service Fees that you owe to Treeplomatic. The applicable Service Fees are collected by Treeplomatic Payments. You are also responsible for paying for the goods you acquire and for ensuring that payments are made you’re your designated account before releasing any listed goods or providing a service. Except as otherwise provided on the Treeplomatic Platform, Service Fees are non-refundable.

7. Terms specific for Registered Users/Service Providers

7.1 Terms applicable to all Listings

7.1.1 When creating a Listing through the Treeplomatic Platform you must (i) provide complete and accurate information about your Listing or Service (such as listing description, location, and delivery charges (where applicable), (ii) disclose any deficiencies, restrictions (where applicable) and requirements that apply and (iii) provide any other pertinent information requested by Treeplomatic. You are responsible for keeping your Listing information (current availability of your product) up-to-date at all times.

7.1.2 You are solely responsible for setting a price to your product (and must not include any Taxes) and or your Listing (“Listing Fee”). Once a Registered User further information on your listing or product you may not request that the interested party pays a higher price than in the published listing.

7.1.3 Any terms and conditions included in your Listing, in particular in relation to cancellations of a listing, must not conflict with these Terms or the relevant cancellation policy for your Listing.

7.1.4 Pictures, animations or videos (collectively, "Images") used in your Listings must accurately reflect the quality and condition of your Product or Services. Treeplomatic reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.

7.1.5 The placement and ranking of Listings in search results on the Treeplomatic Platform may vary and depend on a variety of factors, such as user search parameters and preferences, Member requirements, price and availability, number and quality of Images, customer service and other pertinent factors. More information about the factors that determine how your Listing appears in search results can be found on our Help Centre.

7.1.6 When you accept a sale or acquisition of a product or listing, you are entering into a legally binding agreement with the other party and are required to proceed as intended or advertised and ensure that the transaction is effected in good terms and in good time.

7.2 Listing Products

7.2.1 Unless expressly allowed by Treeplomatic, you may not list more than two products (in the cases such as listing of vehicles) per calendar year in a single listing.

7.2.2 If you are a Service Provider, you will be paying a fee for each product listed or provided on the Treeplomatic Platform.

7.2.3 Any Listing you post shall (i) not breach any agreements you have entered into with any third parties, or other agreements, and (ii) comply with all applicable laws, Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations).

7.3 Co-Listings

7.4 Treeplomatic may enable registered Users to authorize other (authorised) Members (“Co-Users or Co-Service Providers”).

7.4.1 Registered Users should exercise due diligence and care when deciding who to add as a Co-Lister to their Listing(s). This is expressly restricted to Spouses and Civil Partners and in case of a Service Provider, the authorised or designated user of that Organisation.

Further, Registered Users remain responsible and liable for their own acts and omissions, including, but not limited to, conduct that causes harm or damage to the Co-list(s). Co-Listers remain responsible and liable for their own acts and omissions when engaging in their roles and responsibilities as a Co-Lister, including, but not limited to, conduct that causes harm or damage to the Main Registered User. In addition, both Registered User and Co-User are jointly responsible and severally liable for third party claims, including third party claims, arising from the acts and omissions of the other person as related to listing activities, communications with customers, and the provision of any Co-listing Services.

7.4.2 Subject to meeting any requirements (such as completing any verification processes) set by Treeplomatic and/or the customer, you can register an interest in a listing or service available on the Treeplomatic Platform by following the respective buying and selling process. All applicable fees, including the Listing Fee (collectively, “Total Fees”) will be presented to you prior to effecting the transaction. You agree to pay the Total Fees for any listing you intend to purchase.

7.4.3 Upon confirmation of the sale, purchase or acquisition of a good or service from Treeplomatic, a legally binding agreement is formed between you and the other party, subject to any additional terms and conditions that may apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing.

8. Booking Hotels or Accommodations

8.2.1 You understand that a confirmed booking of an Accommodation through the Treeplomatic Platform (“Accommodation Booking”) is intended as a limited license granted to you by the Host to enter, occupy and use the Accommodation for the duration of your stay, during which time the Host (only where and to the extent permitted by applicable law) retains the right to re-enter the Accommodation, in accordance with your agreement with the Host.

8.2.2 You agree to leave the Accommodation no later than the checkout time that the Host specifies in the Listing or such other time as mutually agreed upon between you and the Host. If you stay past the agreed upon checkout time without the Host's consent (“Overstay”), you no longer have a license to stay in the Accommodation and the Host is entitled to make you leave in a manner consistent with applicable law.

8.2.3 Before and during an Experience, Event or other Host Service you must at all times adhere to the Hosts’ instructions.

8.3.3 You may not bring any additional individuals to an Experience, Event or other Host Service unless such an individual was added by you as an additional guest during the booking process on the Treeplomatic Platform.

9. Listing Modifications, Cancellations and Refunds, Resolution Center

9.1 Registered Users are responsible for any modifications to a listing that they make via the Treeplomatic Platform ("Listing Modifications") and agree to pay any additional Listing Fees if applicable.

9.2 In the event that a Registered User or Service Provider cancel a confirmed listing, he/she/they must promptly inform Treeplomatic, in any event within 24 hours and refund any monies in full immediately thereafter.

9.3. In certain circumstances, Treeplomatic may cancel a pending or confirmed listing on behalf of a Registered Member or Service Provider for reasons deemed appropriate and where Treeplomatic cancels a listing, Treeplomatic will, notify Members and provide the reasons for such a measure, unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other Members or third parties, or (iii) contravene applicable laws. You may appeal a cancellation by contacting customer service.

10. Disputes between Members

10.1 As a Registered User or Service Provider, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you represent or co-list.

10.2 Members agree to cooperate with and assist Treeplomatic in good faith, and to provide Treeplomatic with such information and take such actions as may be reasonably requested by Treeplomatic, in connection with any Claims or other complaints or claims made by Members relating to any listing or service being provided.

11. Rounding off, Currency Conversion

Treeplomatic generally supports payment amounts that are payable from or to Registered Members and Service Providers to the smallest unit supported by a given currency (i.e., UK Pound Sterling, U.S. cents, Euro cents or other supported currencies). Where Treeplomatic third-party payment services provider does not support payments in the smaller unit supported by a given currency, Treeplomatic may, in its sole discretion, round up or round down the displayed amounts that are payable from or to Registered Members and Service Providers to the nearest whole functional base unit in which the currency is denominated (i.e. to the nearest pound, dollar, Euro or other supported currency).

12. Taxes

12.1 Treeplomatic operates a Tax Free (where applicable) Platform to its Registered Users. No Registered User or Service Provider should charge any form of Tax to its Registered Members.

13. Prohibited Activities

13.1 You are solely responsible for compliance with any and all laws, rules, regulations, and obligations that may apply to your use of the Treeplomatic Platform. In connection with your use of the Treeplomatic Platform, you will not and will not assist or enable others to:

breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms, Policies or Standards;
use the Treeplomatic Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Treeplomatic endorsement, partnership or otherwise misleads others as to your affiliation with Treeplomatic;
copy, store or otherwise access or use any information, including personally identifiable information about any other Member, contained on the Treeplomatic Platform in any way that is inconsistent with Treeplomatic’s Privacy Policy or these Terms or that otherwise violates the privacy rights of Members or third parties;
use the Treeplomatic Platform in connection with the distribution of unsolicited commercial messages ("spam");
offer, as a Service or Product, any Service or Product that you do not yourself own or have permission to make available as a product for sale or Service to provide through the Treeplomatic Platform;
contact another Member for any purpose other than asking a question related to the product or listing being advertised, or the Member's use of the Treeplomatic Platform, including, but not limited to, recruiting or otherwise soliciting any Member to join third-party services, applications or websites, without our prior written approval;
use the Treeplomatic Platform to request, make or accept a service independent of the Treeplomatic Platform, to circumvent any Fees or for any other reason;
discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behaviour;
misuse or abuse any Listings or services associated with the Treeplomatic Platform;
use, display, mirror or frame the Treeplomatic Platform or Collective Content, or any individual element within the Treeplomatic Platform, Treeplomatic's name, any Treeplomatic trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Treeplomatic Platform, without Treeplomatic's express written consent;
dilute, tarnish or otherwise harm the Treeplomatic brand in any way, including through unauthorized use of Collective Content, registering and/or using Treeplomatic or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Treeplomatic domains, trademarks, taglines, promotional campaigns or Collective Content;
use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Treeplomatic Platform for any purpose;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Treeplomatic or any of Treeplomatic's providers or any other third party to protect the Treeplomatic Platform;
attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Treeplomatic Platform;
take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Treeplomatic Platform;
export, re-export, import, or transfer the Application except as authorized by the Laws of England and Wales and any other international applicable laws; or
violate or infringe anyone else’s rights or otherwise cause harm to anyone.

13.2 You acknowledge that Treeplomatic has no general obligation to monitor Member Content nor to actively seek facts or circumstances indicating illegal activity, but has the right to review, disable access to, or edit any Member Content, in order to (i) operate, secure and improve the security of the Treeplomatic Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist Treeplomatic in good faith, and to provide Treeplomatic with such information and take such actions as may be reasonably requested by Treeplomatic with respect to any investigation undertaken by Treeplomatic or a representative of Treeplomatic regarding the use or abuse of the Treeplomatic Platform.

13.3 If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behaviour, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Treeplomatic by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).

14. Term and Termination, Suspension and other Measures

14.1 This Agreement shall be effective until such time when you or Treeplomatic terminate the Agreement in accordance with this provision.

14.2 You may terminate this Agreement at any time by sending us an email. If you cancel your Treeplomatic Account, any listings, products or services will be automatically cancelled.

14.3 Without limiting our rights specified below, Treeplomatic may terminate this Agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address.

14.4 Treeplomatic may immediately, without notice, terminate this Agreement and/or stop providing access to the Treeplomatic Platform if (i) you have materially breached your obligations under these Terms, the Payment Terms, our Policies or Standards, (ii) you have violated applicable laws, regulations or third party rights, or (iii) such action is necessary to protect the personal safety or property of Treeplomatic, its Members, or third parties (for example in the case of fraudulent behaviour of a Member).

14.5 In addition, Treeplomatic may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, the Payment Terms, our Policies or Standards, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Treeplomatic Account registration, Listing process or thereafter, (iv) you and/or your Listings or Services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or Treeplomatic otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed listings or failed to respond to listing requests without a valid reason, or (vii) such action is necessary to protect the personal safety or property of Treeplomatic, its Members, or third parties, or to prevent fraud or other illegal activity:

refuse to surface, delete or delay any Listings, Ratings, Reviews, or other Member Content;
cancel any pending or confirmed listing, service or transaction;
limit your access to or use of the Treeplomatic Platform;
temporarily or permanently revoke any special status associated with your Treeplomatic Account;
temporarily or in case of severe or repeated offenses permanently suspend your Treeplomatic Account and stop providing access to the Treeplomatic Platform.

In case of non-material breaches and where appropriate, you will be given notice of any intended measure by Treeplomatic and an opportunity to resolve the issue to Treeplomatic's reasonable satisfaction.

14.6. When this Agreement has been terminated, you are not entitled to a restoration of your Treeplomatic Account or any of your Member Content. If your access to or use of the Treeplomatic Platform has been limited or your Treeplomatic Account has been suspended or this Agreement has been terminated by us, you may not register a new Treeplomatic Account or access and use the Treeplomatic Platform through a Treeplomatic Account of another Member.

14.7 If Treeplomatic takes any of the measures described in this Section 14 you may appeal such a decision by contacting our customer service.

15. Disclaimers

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16. Liability

Treeplomatic is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. Treeplomatic is liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents; such liability is limited to the typically occurring foreseeable damages. Essential contractual obligations are such duties of Treeplomatic in whose proper fulfilment you regularly trust and must trust for the proper execution of the contract. Any additional liability of Treeplomatic is excluded.

17. Indemnification

To the maximum extent permitted by applicable law, you agree to release, defend (at Treeplomatic’s option), indemnify, and hold Treeplomatic and its affiliates and subsidiaries, including but not limited to, Treeplomatic Payments, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies or Standards, (ii) your improper use of the Treeplomatic Platform or any Treeplomatic Services, (iii) your interaction with any Member, or (iv) your breach of any laws, regulations or third party rights. The indemnification obligation according to this Section 17 only applies if and to the extent that the claims, liabilities, damages, losses, and expenses have been adequately caused by your culpable breach of a contractual obligation.

18. Dispute Resolution and Arbitration Agreement

18.1 This Dispute Resolution and Arbitration Agreement shall apply if you bring any claim against Treeplomatic in the United Kingdom (to the extent not in conflict with Section 20).

19. Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Treeplomatic Platform (“Feedback“). You may submit Feedback by emailing us, through the “Contact” section of the Treeplomatic Platform, or by other means of communication. Any Feedback you submit to us may be used by us for any business purpose and will be considered non-confidential and non-proprietary to you.

20. Applicable Law and Jurisdiction

These Terms are governed by and construed in accordance with the law of England and Wales. If you are acting as a consumer and if mandatory statutory consumer protection regulations in your country of residence contain provisions that are more beneficial for you, such provisions shall apply irrespective of the choice of English law. As a consumer, you may bring any judicial proceedings relating to these Terms before the competent court of your place of residence or the competent court of Treeplomatic's place of business in England. If Treeplomatic wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of English courts.

21. General Provisions

21.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Treeplomatic and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Treeplomatic and you in relation to the access to and use of the Treeplomatic Platform.

21.2 No joint venture, partnership, employment, or agency relationship exists between you and Treeplomatic as a result of this Agreement or your use of the Treeplomatic Platform.

21.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.

21.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.

21.5 Treeplomatic’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.

21.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Treeplomatic's prior written consent. Treeplomatic may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.

21.7 Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be provided electronically and given by Treeplomatic via email, Treeplomatic Platform notification, or messaging service (including SMS and WeChat).

21.8 If you have any questions about these Terms please email us.

Terms and Conditions

Terms and Conditions – Treeplomatic

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