Terms & Conditions

Last Updated 1st September 2023

The following Terms of Service define the legal framework for the use of the Klimates website/platform (www.klimates.earth), and the other services (Klimates Services) we provide to our users. Your use of the Klimates Website/Platform and Klimates Services is subject to these Terms and Conditions, which may be updated, amended, modified, or revised by us from time to time. It is important for you to refer to these Terms and Conditions from time to time. The updated Terms and Conditions shall be effective immediately upon publishing. Continued use of the Website and/or Services after an update is deemed acceptance of the update.

Please read these Terms of Service carefully.

1. Who We Are

  1. Klimates is a brand name of Prima Climate Digital Pvt. Ltd. ("We", "Us" or "Our", "Klimates", "Company") and we are dedicated to helping businesses report on and reduce their environmental impact.
  2. Klimates refers to our website (www.klimates.earth) including its sub-domains and any other website and applications for mobile or tablet through which we make our services available (including any Application Program Interfaces).
  3. Whenever we say "us" we mean Prima Climate Digital Pvt. Ltd, and whenever we say "you" we mean a user or customer of our services.

2. How to Contact Us

  1. Klimates is owned and operated by Prima Climate Digital Pvt. Ltd., a privately owned company incorporated in India (CIN U47413HR2023PTC111911), registered office at HD-147, WeWork DLF Forum, DLF Cybercity, DLF Phase III, Gurugram 122002.
  2. Questions, complaints and comments regarding our Terms and Conditions, purchases or subscriptions should be emailed to hello@klimates.earth. Support is available Monday–Friday, 10 a.m.–6:30 p.m. IST (excluding public holidays).

3. Applicability

These Terms of Service provide the basis for the agreement between you and us covering the use of the services offered on the Klimates Website/Platform (klimates.earth), or via any future mobile or tablet applications, as well as other services referenced in these Terms.

4. Our Services

  1. Klimates provides ESG accounting, sustainability reporting, value chain engagement, target setting, reduction strategies and decision-intelligence services to help businesses measure, manage and report their environmental, social and governance data.
  2. To use our Services, you must create an account. We can refuse the creation of your account, or access to our Services, for any legitimate reason.
  3. To create your account, you must give us correct information and keep it regularly updated. You are responsible for anything that happens in your account, and for keeping your password confidential. Let us know as soon as possible if it is lost or stolen.
  4. If you are using our Business Services, these Terms and Conditions are incorporated into any additional contract with us.
  5. To open a user account and use the Klimates Services, you must be at least 18 years old and have full legal capacity, or have your parent/guardian's permission if under 18.

5. Business Users

  1. If you are a company, LLP, partnership or proprietorship, we classify you as a Business User to avail our Business Services.
  2. A Business User is any business with a Klimates Account that has made a payment for any of our Services in the last twelve (12) months, has not breached any Terms and Conditions, and is not making unsubstantiated environmental claims ("Green-Washing"). While these conditions are met, we grant you a non-exclusive right to use certain materials pertaining to your climate impact reporting, including Klimates trademarks and logos, solely for that purpose.
  3. We retain all intellectual property rights in all Klimates Materials.

6. Payment

  1. All purchases are executed by our third-party payment services provider under their terms of service, made accessible to you prior to every purchase.
  2. Available payment methods will be indicated at the time of purchase.
  3. We do not store any of your payment card details ourselves.
  4. Payments are converted to INR by our third-party payment services provider; exchange rates are subject to market fluctuation.

7. Acceptance of Terms & Conditions

By using our Services, you agree that you've received these Terms in a way you can understand, you accept the most recent version fully, you're committed to paying for the Services you purchase, and you understand that accepting these Terms forms a Contract.

8. Limitations of Liability

  1. We are not responsible for any loss or damage that is not foreseeable, nor any business losses, nor losses unrelated to our Services.
  2. We shall not be liable for any indirect or consequential losses. In no event shall our liability under the Contract exceed the price paid by you to us for any Services connected with the claim.
  3. To the fullest extent permitted by law, we shall not be liable for special, incidental, indirect or consequential loss or damage of any kind arising in connection with these Terms.
  4. Unless prohibited by applicable law, you may not bring any claim under these Terms more than twelve (12) months after the cause of action arises.

9. Exemption of Liability

We shall not be responsible for delay or failure to meet our obligations caused, directly or indirectly, by your failure to cooperate, your unavailability, your failure to provide accurate or timely information, or any event beyond our reasonable control.

10. Data

  1. By using our Services, you agree to our Privacy Policy, incorporated into and forming part of these Terms. Your data may be transferred, processed and stored outside your country, subject to applicable law.
  2. We may disclose or transfer user-generated information to affiliates or governmental authorities as permitted or required by applicable law, and you consent to such transfer, subject to appropriate data protection safeguards.

11. Intellectual Property

  1. Access to our website and apps does not give you any intellectual property rights beyond the right to use them in line with these Terms. You may not copy, represent, change, transmit or publish any part of our website or app without written permission.
  2. Klimates, its logo, and other graphics, logos, products, designs and service names used on our website belong to Prima Climate Digital Pvt. Ltd. Our trademarks may not be used in any manner likely to cause confusion with Klimates' products or Services.
  3. Users shall not use our graphics, logos, content or design in any manner that could disparage or discredit Klimates.
  4. Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence.

12. Platform License

Subject to your compliance with these Terms, Company grants you a limited, non-exclusive, non-transferable license to view and use the content of the Platform solely for your permitted business purposes. You will not copy, adapt, modify, distribute, sell, sublicense or otherwise exploit the Platform except as expressly permitted. The Klimates Platform and all intellectual property rights vested therein are owned by us.

13. Content

  1. Unless otherwise specified, all content provided by us and available on the website is owned by us or cited authors.
  2. Some content on our website may relate to third-party frameworks, standards or providers. Such content is provided on an "as is" basis and we do not take responsibility for inaccuracies in third-party information.
  3. The Klimates Services may include links to content or services of third-party providers. We disclaim any responsibility or liability for the content or services of such third parties.
  4. You are personally responsible for all content you upload to the Platform and for ensuring you do not violate any third-party rights, including intellectual property rights, when doing so.

14. Subscriptions

  1. Our Services may be availed as a subscription by opting into one of the plans available on the Klimates Platform ("Plan"). You will be billed as per the Plan chosen ("Billing Cycle"). We reserve the right to alter, modify, suspend or discontinue any terms associated with a Plan, subject to prior notice.
  2. We reserve the right to amend pricing or pricing structure from time to time, subject to due notification to the User.
  3. Users can stop using a Subscription Service at any time via their account settings.
  4. Users shall not be eligible for a refund upon cancellation or non-use. Access continues through the end of the current Billing Cycle. If you delete your Account, you will lose access to Services remaining in your Subscription.

15. Obligations of Users

  1. You will be financially liable for all purchases made through your account, and for any losses we incur if you breach these Terms or misuse our Services.
  2. Users are prohibited from violating or attempting to violate the security of the Platform, transmitting disruptive information, submitting false or inaccurate information, sending unsolicited communications, using bots/scrapers to navigate the Platform, or circumventing security features.
  3. We may disable non-compliant information and preserve related records for production to governmental authorities where required, and may terminate access for non-compliance.

16. Suspension and Termination

  1. These Terms are effective unless and until terminated by either you or Company. You may terminate at any time by ceasing to use our Platform.
  2. We may temporarily suspend access to all or part of the Services for any reason, including technical or operational reasons or maintenance, without liability to you.
  3. We may terminate your usage of the Platform at any time for any reason, including breach of these Terms.
  4. Once suspended or terminated, the User may not continue to use the Platform under the same or a different account. Provisions that by their nature should survive termination, including warranty disclaimers, indemnity and limitations of liability, shall survive.
  5. In the event of termination, the User shall promptly settle any payments accrued or due to the Company.

17. Disclaimers

  1. The service rendered on the Company's platform is provided "as is" and "as available", without warranties of any kind, express or implied.
  2. The Company does not warrant that the Service will be secure, uninterrupted, error-free, or free of harmful components, and use of the Service is at your own risk.
  3. Materials appearing on the Platform may contain typographical errors, inaccuracies or omissions; the Company reserves the right to correct these at any time without prior notice.

18. Indemnity

You shall defend, indemnify and hold harmless the Company and its affiliates, employees, contractors, directors and representatives from all liabilities, losses, claims and expenses, including reasonable attorneys' fees, arising from or related to your use or misuse of the Services and Platform, or your violation of these Terms or any applicable law.

19. Force Majeure

If performance of a Party's obligations is prevented or restricted by fire, epidemic, pandemic, casualty, strike, war, act of God or other event beyond reasonable control, the Parties shall be excused from performance to the extent of such interference, provided prompt notice is given. If such an event persists beyond thirty (30) business days, either Party may terminate these Terms without incurring charges.

20. Relationship Between the User and Company

Nothing in these Terms shall be construed to create any relationship between Company and you other than that of a service provider and user. You do not have the authority to bind Company in any manner.

21. Non-Assignment

These Terms are personal to you and you shall not assign or transfer, or purport to assign or transfer, the contract between you and us to any other person.

22. Prohibition of Class Actions

You and the Company agree that each of us may bring claims against the other only on an individual basis, and not as a plaintiff or class member in any purported class or representative proceeding.

23. Governing Law & Jurisdiction

These Terms of Service are governed by the laws of India. Any action or proceeding arising under or relating to this website shall be subject to the jurisdiction of the courts at Gurugram, Haryana.

24. Refund and Cancellation Policy

Given the nature of the services provided by Klimates, once an engagement or subscription has commenced and Services have been rendered for a Billing Cycle, we do not entertain refunds or cancellations for that cycle.

25. Grievance Redressal

In furtherance of the Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, a grievance officer is appointed to ensure compliance. Any discrepancies or grievances with regard to content, comments or breach of these Terms should be raised in writing or by email with the designated grievance officer below.

For Information Technology Act, 2000 and Intermediary Guidelines:
Attention: Aditi Agarwal
Email: hello@klimates.earth

For Consumer Protection Act 2019 and E-Commerce Rules 2020:
Attention: Aditi Agarwal, Director
Email: hello@klimates.earth

The grievance officer shall revert to every complaint within 72 hours of receipt and the Company shall make its best efforts to redress the complaint within 15 days.