Terms and Conditions
Through the CarbonMate software product, we provide businesses and individuals ("You") with a variety of tools and resources (including our website) to enable the collation, calculation and monitoring of information relating to carbon emissions of an enterprise or legal entity (the "Services").
Please read this Agreement carefully. You are required to confirm acceptance of this Agreement before proceeding with any use of our website or the Services.
CarbonMate may assign or transfer this AGREEMENT, in whole or in part, without restriction.
Acceptance of Terms
CarbonMate provides its Services to You through its website, subject to this Agreement. By accepting this Agreement or by accessing or using the Services or Site, You acknowledge that you have read, understood, and agree to be bound by this Agreement. If You are entering into this Agreement on behalf of a company or other legal entity, You represent that You have the authority to bind such entity and its affiliates to these Agreement, in which case the terms "You" or "Your" shall refer to such entity and its affiliates. If You do not have the authority, or if You do not agree with these Agreement, You therefore do not accept this Agreement and should not use the Services therein.
Description of Services
The Services include the website, the CarbonMate Calculator, and any tools or advice provided through the website including all software, data, text, images, sounds and video ("Content"). Any new features that are supplement the Services are also subject to this Agreement.
Reasonable use of the Services
You may access and use the Services only for Your internal business purposes as stated by the Agreement. You shall not license, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Services available to any third party, other than as expressly permitted by CarbonMate Limited. You shall not use the Services on behalf of any third party, or use the Services in any unlawful manner or in any manner that interferes with or interrupts the integrity or presentation of the Services.
Under this Agreement, all rights, title and interest in and to the will remain with and belong solely to CarbonMate Limited. You shall not modify, adapt or gain unauthorised access to the Services or its related systems or networks, be that legally or illegally.
You are responsible for all information, data, text, messages or other materials that You input or otherwise communicate via the Services. You are responsible for maintaining the confidentiality of Your login and account and are fully responsible for any and all activities that occur under Your login or account.
CarbonMate reserves the right to access any or all Your accounts in order to respond to Your requests for technical support. We shall maintain appropriate administrative, physical and technical safeguards for protection of the security, confidentiality and integrity of Your data. Data that is attributed to You will not be disclosed except if required by law. Generic Data based on business sector, size of business, and geographic location can be used by CarbonMate for the purposes of demonstration, publicity and statistical analysis.
Your content, may be transferred via unencrypted servers and involve transmission over various networks. Changes that are needed to conform and adapt to technical requirements of connecting networks or devices and transmission to CarbonMate's third party vendors and hosting providers may occur from time to time. This is required to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Services. CarbonMate will use reasonable efforts to publish on the site or notify You of any planned downtime of the Services.
The failure of CarbonMate to exercise or enforce any right or provision of this Agreement shall not be a waiver of that right. You acknowledge that this Agreement is a contract between You and CarbonMate. It is electronic, it is not physically signed by You and/or CarbonMate, yet it governs Your use of the Services and takes the place of any prior Agreements between You and CarbonMate.
Payment and Refunds
The minimum contract period is 12 months but you may choose to pay on either an annual or monthly basis. Once payment has been received by secure payment facility, you will be able to use the Services straight away. In cases of monthly payment accounts, should payment not be collected within 30 days your access will be restricted until payment is received by us. At point of sale, you will be required to accept CarbonMate's terms and conditions and on acceptance of such you are entitled to use the services for 1 year. You are entitled to cancel any future subscriptions with at least 14 days notice prior to the re-subscription date (one calendar year from the previous transaction. Once payment has been agreed for a 12 month subscription, no refunds will be given.
Credit Card Billing, Receipts and Privacy
Cancellation and Termination
You are responsible for cancelling Your account. You can cancel the account at any time by clicking on the Account link in the main navigation of the website. There are no other means of cancelling Your account. You will lose access to all of Your content upon cancellation and Your contact details and the details of your business or legal entity will be removed from the data used in the Services. This information cannot be recovered once your account is cancelled. If You cancel the Services before the end of Your current contract period, your cancellation will take effect immediately and You will not be charged again.
CarbonMate reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) and refuse any and all current and future use of the Services. We reserve the right to suspend or terminate your account (or any part thereof) or use of the Services and remove and discard any of Your content in the Services, for any reason, including, if CarbonMate believes that You have violated this Agreement. CarbonMate will use all reasonable efforts to contact You directly via email to warn You prior to suspension or termination of Your account. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of Your use of Services, may be referred to appropriate law enforcement authorities. CarbonMate shall not be liable to You or any third party for any modification, suspension or discontinuation of the Services.
The Services, including the website and content, and all server and network components are provided on an "as is" and "as available" basis without any warranties of any kind, to the fullest extent permitted by law, and CarbonMate expressly disclaims any and all warranties, whether express or implied, including, but not limited to, the implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement. You acknowledge that CarbonMate does not warrant that the Services will be uninterrupted, timely, secure, error-free or virus-free and no information or advice obtained by you from CarbonMate or through the Services shall create any warranty not expressly stated in this Agreement.
Limitation of Liability
Under no circumstances and under no legal theory (whether in contract, tort, or otherwise) shall CarbonMate be liable to you or any third party for any indirect, incidental, special, exemplary, consequential or punitive damages, including lost profits, lost sales or business, lost data or business interruption. In addition, CarbonMate shall not be liable for any direct damages, costs, losses or liabilities in excess of the Services fee paid or payable by you for the one month preceding the time of any claim for monetary damages. The provisions of this section allocate the risks under this Agreement between the parties, and the parties have relied on these limitations in determining whether to enter into this Agreement.