BACKGROUND:

These Terms of Use, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, carbontracker.org (“Our Site”).  Please read these Terms of Use carefully and ensure that you understand them.  Your agreement to comply with and be bound by these Terms of Use is deemed to occur upon your first use of Our Site.  If you do not agree to comply with and be bound by these Terms of Use, you must stop using Our Site immediately.  Please also read our Privacy and Cookie policy.

1.               Definitions and Interpretation

1.1           In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:

“Account” means an account required for a User to access and/or use certain areas of Our Site, as detailed in Clause 4;
“Content” means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;
“User” means a user of Our Site;
“We/Us/Our” means Carbon Tracker Initiative Limited, a company registered in England under 08906960, whose registered address is 30 Percy Street, London, United Kingdom, W1T 2DB and whose main trading address is 40 Bermondsey Street London SE1 3UD.

 

2.               Information About Us

2.1           Our Site, carbontracker.org, is owned and operated by Carbon Tracker Initiative Limited, a limited company registered in England under company number 08906960, whose registered address is 30 Percy Street, London, United Kingdom, W1T 2DB and whose main trading address is 40 Bermondsey Street London SE1 3UD.

2.2           Our Data Protection Registration reference is ZA056615.

3.               Access to Our Site

3.1           Access to Our Site is free of charge.

3.2           It is your responsibility to make any and all arrangements necessary in order to access Our Site.

3.3           Access to Our Site is provided “as is” and on an “as available” basis.  We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

4.               Accounts

4.1           Access to Our Site can optionally require creation of an Account (login) in order to access content.

4.2           When creating an Account, the information you provide must be accurate and complete.  If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.

4.3           We recommend that you choose a strong password for your Account.  It is your responsibility to keep your password safe.  You must not share your Account with anyone else.   If you believe your Account is being used without your permission, please contact Us immediately.  We will not be liable for any unauthorised use of your Account.

4.4           You must not use anyone else’s Account.

4.5           Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the Data Protection Act 1998, as set out in Clause 14.

4.6           If you wish to close your Account, you may do so at any time by notifying Us.  Closing your Account will result in the removal of your information.  Closing your Account will also remove access to any areas of Our Site requiring an Account for access.

5.               Intellectual Property Rights and Confidentiality

5.1           All Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us.  All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.

5.2           Subject to sub-Clauses 5.3 and 5.6 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.

5.3           You may:

5.3.1      Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);

5.3.2      Print 20 page(s) from Our Site;

5.3.3      Download extracts from pages on Our Site; and

5.3.4      Save pages from Our Site for later and/or offline viewing.

5.4           Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.

5.5           You may not re-use any Content printed, saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or Our licensors, as appropriate) to do so.  This does not prohibit the normal access, viewing and use of Our Site whether by business users or consumers.

5.6           Nothing in these Terms of Use limits or excludes the fair dealing provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.

6.               Confidentiality

6.1           Some data on the website is provided under licence by third party supplies, including but not limited to data providers such as: Rystad Energy A/C, Wood Mackenzie, Bloomberg LLP, Thomson Reuters, FactSet, SNL.

7.               Links to Our Site

7.2           You may not link to any page of Our Site, carbontracker.org.  Linking, deep-linking to other pages requires Our express written permission.  Please contact Us at hello@carbontracker.org for further information.

7.3           Framing or embedding of Our Site on other websites is not permitted without Our express written permission.  Please contact Us at hello@carbontracker.org for further information.

8.               Liability and Disclaimers

8.2           General Liability and Disclaimers

8.2.1      Nothing on Our Site constitutes advice on which you should rely.  It is provided for information purposes only.  Professional or specialist advice should always be sought before taking any action on the basis of any information provided on Our Site.

8.2.2      Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.

8.2.3      We make reasonable efforts to ensure that the Content on Our Site is complete and accurate.  We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.

8.2.4      To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content (including User Content) included on Our Site.

8.2.5      We hereby exclude all implied conditions, warranties, representations or other terms that may apply to Our Site or Content.  We will not be liable for any loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

8.2.6      We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

8.2.7      Nothing in these Terms of Use excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.

8.2.8      The information used to compile Our Site has been collected from a number of sources in the public domain and from Our licensors. Some of Our content may be proprietary and belong to Us or Our licensors.

8.3           Important Securities Disclaimer

8.3.1      You understand that no content published on Our Site constitutes a recommendation that any particular security, portfolio of securities, transaction or investment strategy is suitable for any specific person. You further understand that none of the content is advising you personally concerning the nature, potential, value or suitability of any particular security, portfolio of securities, transaction, investment strategy or other matter. To the extent that any of the content published on Our Site may be deemed to be investment advice or recommendations in connection with a particular security, such information is impersonal and not tailored to the investment needs of any specific person. You understand that an investment in any security is subject to a number of risks, and that discussions of any security published on Our Site will not contain a list or description of relevant risk factors.

8.3.2      From time to time, reference may be made on Our Site to prior articles and opinions we have published. These references may be selective, may reference only a portion of an article or opinion, and are likely not to be current. As markets change continuously, previously published information and data may not be current and should not be relied upon.

8.3.3      All content on Our Site is presented only as of the date indicated, and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.

8.4           No Investment Recommendations or Professional Advice

8.4.1      Our Site is not intended to provide tax, legal, insurance or investment advice, and nothing on Our Site should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security by Us or any third party. You alone are solely responsible for determining whether any investment, security or strategy, or any other product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation. You should consult a legal expert or tax professional regarding your specific legal or tax situation.

9.               Viruses, Malware and Security

9.2           We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.

9.3           You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.

9.4           You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.

9.5           You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.

9.6           You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.

9.7           By breaching the provisions of sub-Clauses 8.3 to 8.5, you may be committing a criminal offence under the Computer Misuse Act 1990.  Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them.  Your right to use Our Site will cease immediately in the event of such a breach.

10.           Acceptable Usage Policy

10.2        You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause 11.  Specifically:

10.2.1   you must ensure that you comply fully with any and all local, national or international laws and/or regulations;

10.2.2   you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;

10.2.3   you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and

10.2.4   you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.

10.3        When submitting User Content (or communicating in any other way using Our Site), you must not submit, communicate or otherwise do anything that:

10.3.1   is sexually explicit;

10.3.2   is obscene, deliberately offensive, hateful or otherwise inflammatory;

10.3.3   promotes violence;

10.3.4   promotes or assists in any form of unlawful activity;

10.3.5   discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation or age;

10.3.6   is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

10.3.7   is calculated or is otherwise likely to deceive;

10.3.8   is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy;

10.3.9   misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 11.2);

10.3.10 implies any form of affiliation with Us where none exists;

10.3.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or

10.3.12 is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

10.4        We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 11 or any of the other provisions of these Terms of Use.  Specifically, We may take one or more of the following actions:

10.4.1   suspend, whether temporarily or permanently, your Account and/or your right to access Our Site;

10.4.2   remove any User Content submitted by you that violates this Acceptable Usage Policy;

10.4.3   issue you with a written warning;

10.4.4   take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;

10.4.5   take further legal action against you as appropriate;

10.4.6   disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or

10.4.7   any other actions which We deem reasonably appropriate (and lawful).

10.5        We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms of Use.

11.           Privacy and Cookies

Use of Our Site is also governed by Our Privacy and Cookie Policy, available from www.carbontracker.org.  These policies are incorporated into these Terms of Use by this reference.

12.           Changes to these Terms of Use

12.2        We may alter these Terms of Use at any time.  If We do so, details of the changes will be highlighted at the top of this page.  Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented.  You are therefore advised to check this page from time to time.

12.3        In the event of any conflict between the current version of these Terms of Use and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

13.           Contacting Us

To contact Us, please email Us at hello@carbontracker.org.

14.           Communications from Us

14.2        If We have your contact details (if, for example, you have an Account) We may from time to time send you important notices by email.  Such notices may relate to matters including, but not limited to, service changes, changes to these Terms of Use, Our Terms of Sale, and changes to your Account.

14.3        We will never send you marketing emails of any kind without your express consent.  If you do give such consent, you may opt out at any time.  Any and all marketing emails sent by Us include an unsubscribe link.  If you opt out of receiving emails from Us at any time, it may take up to 14 business days for Us to comply with your request.  During that time, you may continue to receive emails from Us.

14.4        For questions or complaints about communications from Us, please contact Us at hello@carbontracker.org.

15.           Data Protection

15.2        Any and all personal information that We may collect will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights and Our obligations under that Act.

15.3        We may use your personal information to:

15.3.1   Provide and administer your Account;

15.3.2   Reply to any communications you send to Us;

15.3.3   Send you important notices, as detailed in Clause 16;

15.3.4   As an extension of our data licence to inform our data provider about your access to this information.

15.4        We will not pass on your personal information to any third parties.

16.           Indemnification

16.2        As a condition of your use of Our Site, you agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable legal fees), or other expenses that arise directly or indirectly out of or from (a) your violation of the Terms of Use; (b) your use of Our Site; (c) your violation of the rights of any third party, or (d) any claim that use of content on Our Site caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of Our Site.

17.           Law and Jurisdiction

17.2        These Terms of Use, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.

17.3        If you are a business, any disputes concerning these Terms of Use, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.

17.4        If you are a consumer, any disputes concerning these Terms of Use, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

Last updated: May 2018