Terms of Use and Supply of Products

These Terms are in three parts:

PART A - Terms Applying to Your Use of the Site

PART B - Terms Applying to the Supply of Footprint Expert™ to You

PART C – Terms Applying to Your Use of the Site and the Supply of Footprint Expert™ to You

 
PART A - Terms Applying to Your Use of the Site

1             Introduction

Carbon Trust Footprinting Company makes this Site available to you to enhance public access to information about its initiatives and low carbon policies in general and to provide information about its business and about certain publications, products and services available to you both throught the Site and offline.

http://www.carbon-label.com and http://footprintexpert.com (individually referred to as the "Site") is provided by:

Carbon Trust Footprinting Company Limited ("CTFC"), a company registered in England and Wales company number 6274284 with registered address at 6th Floor, 5 New Street Square, London EC4A 3BF. Our VAT number is 868049388.

Your access to, and use of the Site is subject to the terms, conditions and notices set out herein and in our Privacy Policy ("Terms ") and all applicable laws and regulations.

Please read these Terms carefully. If you do not agree and accept, without limitation or qualification, these Terms, then you do not have permission to access the contents of the Site and therefore should cease using the Site immediately. By continuing to use the Site you are deemed to accept and to be bound by the Terms (as amended from time to time). We may change the Terms at any time at our sole discretion and your continued use of the Site after any such changes are made, will indicate your agreement to those varied terms. For the purposes of the Terms "we", "our" and "us" refers to CTFC and any reference to "you" or "your" means you, the user.

  2              Ownership of Content

The Site and all of its contents including, but not limited to, the text, Site (as well as the organisation and layout of the Site), design, logos, graphics, icons, images and publications on the Site (the "Content") are owned and copyrighted by CTFC or others (including our licensors) with all rights reserved unless otherwise noted. All trade marks, copyright, database rights, design rights, patents and other intellectual property rights (together the "Rights") in the Content and the Rights in any software or underlying software code that is made available for download from the Site ("Software") are owned by us or our licensors or are otherwise used by us as permitted by applicable law. Any Content that is a trade mark, logo or service mark is also a registered or unregistered trade mark of CTFC and/or third parties.

Nothing contained in these Terms shall be construed as conferring in any way (express or implied) any licence or right to use any Rights of CTFC or any other third party. Where the Content is owned or copyrighted by a third party, certain restrictions may apply that you have to comply with. Where these apply, they will be indicated on the relevant part of this Site. Your use of any Content, except as provided in these Terms, without the written permission of CTFC is strictly prohibited. You are also advised that CTFC will enforce its Rights to the fullest extent permitted by the law, including the seeking of criminal prosecution.

  3              Your User Account

If you register for a user account (this process is offline) then you will be provided with a username and password by email. You will be responsible for keeping your username and password secret and for preventing unauthorised access to your account. You are responsible for all activities that occur using your account. You should take all necessary steps to ensure that your username and password are kept secret and secure and should inform us immediately by email to FootprintExpertAdmin@carbontrust.co.uk if you have any reason to believe that your username and/or password have become known to anyone else, or if your account is being, or is likely to be, used in an unauthorised manner.

You must ensure that the details you provide us with are correct, complete and not inappropriate in any way. You agree to inform us immediately of any changes to the information that you provided when registering.

Where registering on behalf of an organisation you are accepting these Terms on behalf of your organisation.

  4              Your Use of the Site

CTFC hereby grants you permission to use the Site as follows:

(i)         you may download the Content, but only for informational, non-profitable use (i.e. you are prohibited from commercially exploiting the Content) and provided that you do not remove, adapt, alter or obscure any of the information, Content or notices (such as copyright and other proprietary notices) contained in the Content. You may not (without the prior written permission of CTFC or in accordance with the Copyright, Designs and Patents Act 1988) copy, reproduce, republish, download, post, broadcast, store in any medium (including in any other website), transmit, re-transmit, make available to the public, or otherwise use the Content (including, but not limited to, "caching" any material on the Site for access by third parties or "mirroring" any material on the Site) in any way except for your own informational use. Any other use of the Content or the Site requires the prior written permission of CTFC;

(ii)        content within the "Media" section of the Site may be reproduced solely for editorial purposes in daily newspapers, general circulation news magazines, trade publications and broadcast media;

(iii)       you may not create a database in electronic or structured manual form by systematically downloading and storing any Content on the Site;

iiv)       as a condition of your access to and use of this Site, you warrant to CTFC that you will not use this Site for any purpose that is prohibited by these Terms or could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law and that you will not use the Site to post or transmit any infringing, threatening, false, misleading, abusive, harassing, discriminatory, liable to incite racial hatred, libellous, defamatory, vulgar, obscene, indecent, scandalous, offensive, inflammatory, blasphemous, pornographic, or profane material or material in breach of confidence or privacy. We may, in our absolute discretion, remove any material if in our view it falls or might fall within the foregoing categories or is otherwise inappropriate. CTFC will fully cooperate with any law enforcement authorities or any court order requesting or directing it to disclose the identity of anyone posting or transmitting any such information or materials. You also warrant to tell CTFC as soon as you become aware of any unlawful or prohibited use of this Site by any third parties;

(v)        you are responsible for complying with local laws and regulations of the jurisdiction from which you access this Site. This Site should not be accessed in any jurisdiction where for any reason the publication or availability of this Site is prohibited. CTFC does not represent that this Site complies with laws in all jurisdictions. If you are in doubt, you should seek legal advice and if necessary, terminate your use of this Site immediately;

(vi)       you are prohibited from using the Site to advertise or perform any commercial solicitation;

(vii)      you are prohibited from posting or transmitting to or from this Site, any material for which you have not obtained all necessary licences or approvals or which is technically harmful (including; without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data); and

(viii)      you may not misuse the Site (including, without limitation, by (i) hacking; (ii) defacing, altering or interfering with the front end 'look and feel' of this Site; (iii) obtaining or attempting to obtain unauthorised access (via whatever means) to any of our networks; (iv) by taking any action that imposes an unreasonable or disproportionately large load on this Site or related infrastructure; or by (v) using any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of this Site (including but not limited to uploading or making available files containing corrupt data or viruses via whatever means).

  5               Privacy

Any personal data (for example, your name, address, telephone number or e-mail address) that you transmit to the Site by electronic mail or otherwise will be used by CTFC in accordance with the Site's Privacy Policy. Any other communication or material you transmit to the Site, such as questions, comments, suggestions or the like, will be treated as non-confidential and non-proprietary and CTFC can use them as it wishes.

If on registration to the Site (or on amendment of your registration details) you provide us with an email address that will result in any emails we may send you being sent to you via a computer network operated by or on behalf of your employer or educational establishment (or similar) then you are warranting that you are entitled to receive emails at that address. You also agree that we may stop sending any emails to such address without notifying you, even if you have subscribed to receive them or any other service, if we receive a request from your employer or educational establishment (or otherwise) to stop sending emails to that address.

  6                 Access Restriction

CTFC reserves the right in its sole discretion to refuse access to the Site, suspend or terminate your account or remove or edit content.

  7               Information Provided on the Site

While the Content on this Site may include inaccuracies or typographical errors, if errors are brought to our attention, we will try to correct them. Please contact us at FootprintExpertWeb@CarbonTrust.co.uk to notify us of any errors so that we can correct them. However, CTFC makes no commitment to regularly update the information contained in this Site. While CTFC has taken all reasonable effort to ensure that the information contained within this Site is correct, you should be aware that the information it contains may be incomplete, incorrect, or may have become out of date.

Information, advice and opinions expressed in this Site are of a general nature only and are not intended to address the specific circumstances of any particular individual or entity. It should not be relied upon for personal, legal, financial or other decisions. If you need specific advice, you should always consult a suitably qualified professional for advice tailored to your situation.

Please note that it cannot be guaranteed that a document available on-line exactly reproduces an officially adopted text or publication. Only original hard copy materials obtained from CTFC should be deemed authentic.

CTFC assumes no responsibility for any information not provided on this Site or for the failure of any of our services offered on this Site, including but not limited to provision of information about our campaigns (such as our strategic campaign to manage the business impact of climate change; our operational campaign to cut carbon emissions of products and services; and our campaign to make a personal difference).

  8               Links to third party web sites 

The Site may contain links to websites owned or operated by parties other than CTFC. Such links are provided for your convenience only. If you use these links, you may leave the Site or, alternatively, the link and third party website content may be framed within this Site. CTFC has not reviewed all of these third party websites or such framed content, and does not control, and is not responsible for their operation nor for the content on or privacy policies on, or the security of, such websites. Without limiting the foregoing, CTFC specifically disclaims any responsibility if such websites:

(i)         infringe any third party's intellectual property rights;

(ii)        are inaccurate, incomplete or misleading;

(iii)       are not merchantable or fit for a particular purpose;

(iv)       do not provide adequate security;

(v)        contain viruses or other items of a destructive nature; or

(vi)       are libellous or defamatory.

Neither does CTFC endorse or make any representations about the content or any products or services available on such websites or any results which may be obtained by using them. Neither is it associated with the operators or administrators of such websites. If you access such websites or establish a link to such websites or the Site, you do so at your own risk and without the permission of CTFC.

  9              Linking to this Site 

ATTENTION: LINKING TO THIS SITE INDICATES THAT YOU ACCEPT THESE TERMS AND LEGAL RESTRICTIONS AND THAT YOU WILL ABIDE BY THE GUIDELINES SET OUT BELOW. IF YOU DO NOT ACCEPT THESE TERMS OR YOU DO NOT AGREE TO ABIDE BY THESE GUIDELINES, DO NOT LINK TO THIS SITE.

If you provide hyperlinks to this Site, you agree that you:

(i)         may link to, but may not replicate, any Content;

(ii)        shall not frame or otherwise create a browser or border environment around any Content;

(iii)       shall not imply that CTFC is endorsing you or your products or services;

(iv)       shall not misrepresent you or your website's relationship with CTFC;

(v)        shall not present false, misleading or inaccurate information about CTFC or CTFC’s products or services on your website or otherwise disparage CTFC’s products or services;

(vi)       shall not use CTFC’s logos, trade marks, service marks or the suchlike without express prior written permission from CTFC;

(vii)      shall not include content on your website that is or could be construed as illegal, distasteful, offensive or controversial, which infringes any intellectual property rights or other rights of any person or otherwise does not comply with all applicable laws and regulations and you shall include on your website only content that is appropriate for all age groups;

(viii)      shall not remove or obscure any of the information, Content or notices contained on the Site;

(ix)       shall not link to an internal page of this Site that is located one or several levels down from the home page or bring up or present Content of this Site on another website without CTFC’s prior written permission; 

(x)        shall not link to a website that is not owned by you;

(xi)       shall inform CTFC in writing of the link; and

(xii)      shall immediately discontinue the link if instructed to do so by CTFC.

CTFC expressly reserves the right to revoke the right granted in this section for any breach of these Terms and to take any further action it deems appropriate in respect of such breach.

PART B - Terms Applying to the Supply of Footprint Exert™ to You 

This part of the Terms described the terms and conditions on which we supply Footprint ExpertTM to you.  Please read these Terms carefully before ordering Footprint ExpertTM as all sales are final and no refunds will be offered, except where explicitly stated otherwise.  You should understand that by ordering Footprint ExpertTM, you agree to be bound by these Terms and the end user licence terms for Footprint ExpertTM, which can be found in you application pack. Please note that if you refuse to accept these Terms or the end user licence terms for Footprint ExpertTM, you will not be able to order or use Footprint ExpertTM.

You should print a copy of these Terms for future reference.

  10              Local Laws

We do not accept any liability arising from any attempt by you to purchase or any subsequent download of Footprint ExpertTM if such action is prohibited, illegal or unlawful in your territory. Legal advice should be taken in cases of doubt and you shall remain wholly responsible for ensuring that you are permitted to purchase Footprint ExpertTM from your jurisdiction and download it.

  11             Your Status

To place an order on the Site you must be:

-           legally capable of entering into binding contracts; and

-           at least 18 years old.

  12             Footprint ExpertTM purchase and contract formation

You may order Footprint ExpertTM by sending an email to FootprintExpertAdmin@carbontrust.co.uk and you will receive an email from us acknowledging that we have received your order.  Please note that this does not mean that your order has been accepted.

Your order constitutes an offer to us for you to buy Footprint ExpertTM.  All orders are subject to acceptance by us and strictly subject to your agreement to the end user licence terms, and we will confirm such acceptance to you by sending you an email confirming your order (the "Order Confirmation").

The contract between you and us (the "Contract") will only be formed when we send you the Order Confirmation with a Footprint ExpertTM application request number. 

We may decline to accept an order in circumstances including but not limited to:

(i)         your payment not being authorised;

(ii)        you not satisfying the status requirements set out above;

CTFC does not accept returns of Footprint ExpertTM and all purchases are final, unless otherwise explicitly stated.

  13             Price and Payment

The price of Footprint ExpertTM will be as quoted on the Site from time to time, except in cases of obvious error. We are under no obligation to provide Footprint ExpertTM to you at the incorrect price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.

VAT will be added to the total amount due.

Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.

Payment must be by BACS transfer and sent to the following account, using your licence number as a reference:

 

Company Name

The Carbon Trust Footprinting Company Ltd

Company Address

6th Floor
5 New Street Square
London
EC4A 3BF

Telephone Number

02071707000

Fax Number for Purchase Orders

02071707020

Fax Number for payment advice notices

As above

VAT Registration Number

868049388

Bank Name

Royal Bank of Scotland

Bank Account Number

00252159

Bank Sort Code

160109

IBAN Number

GB94RBOS16010900252159

Swift Number

RBOSGB2L

Bank Address

RBS
119-121 Victoria Street, Victoria
London, SW1E 6RA

We will not send your Order Confirmation or activate the Footprint ExpertTM licence until payment has been received.

PART C - Terms Applying to Your Use of the Site and the Supply of Footprint ExpertTM to You

  14             Service Availability and Compatibility

While it is our goal to minimise disruption caused by technical errors, CTFC does not guarantee that this Site, or any software downloadable from the Site, will operate uninterrupted or error-free, that defects will be periodically corrected or that it is compatible with your computer, hardware or software.

 15             Disclaimer

CTFC SHALL USE REASONABLE CARE AND SKILL IN CARRYING OUT THE SERVICES CONTAINED IN THIS SITE. HOWEVER ALL CONTENT (INCLUDING THE INFORMATION, NAMES, IMAGES, PICTURES, LOGOS AND ICONS REGARDING OR RELATING TO CTFC, ITS PRODUCTS AND SERVICES (OR TO THIRD PARTY PRODUCTS AND SERVICES) AND ALL PUBLICATIONS, PRODUCTS AND SERVICES ARE SUBJECT TO CHANGE AND ARE PROVIDED TO YOU "AS IS" AND ON AN "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS OR ANY KIND OF WARRANTY MADE OF ANY KIND (WHETHER EXPRESS OR IMPLIED BY LAW) TO THE EXTENT PERMITTED BY LAW, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF SUITABILITY, SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY AND ACCURACY. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Without limiting the foregoing, CTFC neither warrants nor represents that your use of any Content will not infringe the rights of any third parties nor that the Content will be accurate, complete or up-to-date.

  16             Limitation and Exclusion of Liability 

OUR LIABILITY FOR LOSSES YOU SUFFER AS A RESULT OF US BREAKING THESE TERMS IS STRICTLY LIMITED TO THE PRICE OF THE PRODUCTS OR SERVICES PURCHASED.

YOUR USE OF THE SITE (INCLUDING WITHOUT LIMITATION YOUR DOWNLOADING OF ANY SOFTWARE OR DATA) IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, CTFC EXCLUDES ITS LIABILITY AND THAT OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, SUB-CONTRACTORS AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE FOR ANY OF THE FOLLOWING LOSSES OR DAMAGE (WHETHER SUCH LOSSES WERE FORESEEN, FORESEEABLE, KNOWN OR OTHERWISE): (A) LOSS OF DATA; (B) LOSS OF REVENUE OR ANTICIPATED PROFITS; (C) LOSS OF BUSINESS; (D) LOSS OF OPPORTUNITY; (E) LOSS OF GOODWILL OR INJURY TO REPUTATION; (F) LOSSES SUFFERED BY THIRD PARTIES; OR (G) ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR ANY OTHER DAMAGES OF ANY KIND ARISING OUT OF OR IN ANY WAY CONNECTED WITH ITS PRODUCTS OR SERVICES, THE USE OF OR ACCESS TO THIS SITE OR CONTENT, OR THE INABILITY TO USE THIS SITE, ANY WEBSITES LINKED TO THIS SITE OR THE CONTENT OF SUCH WEBSITES (INCLUDING WITHOUT LIMITATION: THE INADVERTENT DOWNLOADING OF COMPUTER VIRUSES FROM THE SITE OR FROM EMAILS SENT FROM THE SITE THAT MAY INFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THIS SITE OR YOUR DOWNLOADING OF ANY MATERIAL FROM THIS SITE OR ANY WEBSITES LINKED TO THIS SITE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. NOTHING IN THESE TERMS IS INTENDED TO LIMIT OR EXCLUDE THE USER'S STATUTORY RIGHTS AS A CONSUMER (IF ANY).

IF YOUR USE OF MATERIAL ON THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT, SOFTWARE OR DATA, YOU ASSUME ALL COSTS THEREOF.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING IT.

  17             Our Losses

You agree to indemnify CTFC against any claims, demands or proceedings brought against CTFC by any third parties if they are a result of your use of this Site or your other actions or omissions or where CTFC suffers any loss or damage as a result of your breach of these Terms. Your "use" of this Site includes any use by third parties where those parties access this Site using your computer. In such circumstances, you agree to pay CTFC all costs, damages and expenses (including reasonable legal fees) awarded against CTFC or otherwise incurred by CTFC, arising from any claims, or legal proceedings.

  18             Transfer of rights and obligations

The Contract between you and us is binding on you and us and on our respective successors and assigns. 

You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. 

We may transfer, assign, charge, sub-contract or otherwise dispose of the Contract, or any of our rights or obligations arising under it, at any time during the term of a Contract.

  19             Events outside our control

We will not be liable or responsible for any failure to perform any obligations under a Contract or these Terms, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event").

Our performance under a Contract or these Terms is deemed to be suspended for the period that the Force Majeure Event continues, and we will be permitted an extension of time for performance for the duration of that period.  We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations may be performed despite the Force Majeure Event but, in the event that we cannot fulfil our obligations and you have made payment for an order we will endeavour to refund you the amount as soon as reasonably practicable.

  20             Written Communications

All notices given by you to us must be given to CTFC at FootprintExpertAdmin@CarbonTrust.co.uk. We may give notice to you at either the email or postal address you provide to us when placing an order, or in any of the ways specified above.  Notice will be deemed received and properly served immediately when posted on our Site, 24 hours after an email is sent, or three days after the date of posting of any letter.  In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

  21            Miscellaneous

These Terms refer only to your use of this Site and the supply of Footprint ExpertTM to you through the Site. Separate terms and conditions may apply to software or other Content downloaded from the Site or to promotions which we may run from time to time. If there is a conflict between the Terms and any specific rules and/or terms and conditions which: (i) appear elsewhere on the Site and are stated to take precedence; or (ii) form part of a separate agreement between CTFC and you, those other terms will take priority.

Nothing in the Content within the Site or materials accessed via the Site, other than the Terms, is intended to form any binding contract. In particular, notes on products, services and the like are stated on an 'invitation to treat' basis (i.e. they are not offers which will become binding upon purported acceptance by you) and are 'subject to availability'.

These Terms and any document expressly referred to in them represent the entire agreement between us and supersede any previous agreement, understanding or arrangement between us. In entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other before the Contract except as expressly stated in these Terms.

If CTFC decides to waive any breach of obligation arising under these Terms, then that does not mean that CTFC has waived any other breach or any future breaches.

All rights and remedies under these Terms are cumulative and are not exclusive of any rights or remedies provided by law or by any other agreement.

If at any time any part of the Terms are determined to be invalid, illegal or unenforceable in any respect pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations above, then that invalid, illegal or unenforceable part shall be severed from the remainder of the of the Terms and the validity, legality and enforceability of the remainder of the Terms shall not be affected or impaired in any way. Further, the invalid, illegal or unenforceable part will be deemed superseded by a valid, legal or enforceable part that most closely satisfies the intention of the original part. The validity, legality and enforceability of the remainder of the Terms shall not be affected or impaired in any way.

A printed version of this Site and these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your use of this Site.

These Terms are not enforceable under the Contracts (Rights of Third Parties) Act 1999 by any person not a party to them.

These Terms and your use of the Site shall be governed by and construed in accordance with the laws of England and Wales, without regard to its choice of law provisions. The courts of general jurisdiction located within England and Wales, will have exclusive jurisdiction over any and all disputes arising out of, relating to or concerning these Terms and/or the Site or in which these Terms and/or the Site are a material fact.

Copyright © 2010 Carbon Trust Footprinting Company Limited. All rights reserved.