IMPORTANT LEGAL NOTICE: By using this website you agree to be bound by these terms and conditions (the "Terms and Conditions") and, in particular, you agree and accept the disclaimers and limitations of liability contained in these Terms and Conditions. If you do not wish to be bound by these Terms and Conditions, please leave this website immediately.
1. Definitions and Introduction
1.1 In these Terms and Conditions:
1.2 By accessing any part of our site, you shall be deemed to have accepted these Terms and Conditions in full. If you do not accept these Terms and Conditions you must leave our site immediately.
1.3 You may access some areas of our site without paying for a Carbon Credits.
1.4 For more details about our site, please see our Frequently Asked Questions, which form part of these Terms and Conditions. We reserve the right to alter our Frequently Asked Questions at any time. You should check our Frequently Asked Questions at regular intervals to ensure that you are familiar with the current applicable version of our Frequently Asked Questions. In the event of any conflict between the Frequently Asked Questions and these Terms and Conditions, these Terms and Conditions will prevail.
1.5 Words and expressions (including words and expressions defined in paragraph 1.1) in the singular shall include the plural and vice versa; words importing any gender shall include every gender.
2. Your Status
By using our site, you warrant that:
2.1 you have read, understood and accepted these Terms and Conditions;
2.2 you have the requisite right and authority to use our site and to be bound by these Terms and Conditions; and by paying for a Carbon Credits Allocation, you warrant (in addition to the warranties at 2.1 and 2.2 above) that;
2.3 you are legally capable of entering into binding contracts;
2.4 you are over eighteen (18) years of age.
3. Terms of Use of Our Site
3.1 We will permit you to access, use and interact with our site subject to these Terms and Conditions.
3.2 Except as otherwise permitted by these Terms and Conditions you are permitted to view, copy, download, print out and use the Content solely for your own personal non-commercial use.
3.3 Our site is for the personal use of individual Users only. It may not be used in connection with any commercial endeavours.
3.4 Please note that we may change or withdraw part or all of the Content at any time at our sole discretion.
4. Your Obligations
4.1 You will not:
4.2 You are responsible for configuring your information technology, computer programs and platform in order to access the Content. You should use your own virus protection software.
5. Access
5.1 Whilst we will endeavour to ensure that our site is normally available 24 hours a day, we shall not be liable if for any reason our site is unavailable at any time or for any period.
5.2 We will take reasonable steps to ensure that any interruptions to access to our site by any event without our control are kept to a minimum but please note that access to our site may be suspended temporarily without notice in the case of system failure, essential maintenance or repair or for reasons beyond our control.
5.3 We may at any time in our sole discretion and for any reason withdraw a User's right to access and/or to use our site.
6. Content of our site
6.1 We will use reasonable endeavours to exercise reasonable care when placing Content on our site;
6.2 All copyright, trade marks and all other intellectual property rights in the Content and the selection or arrangement thereof shall remain at all times either vested in us, our licensors or other third parties.
6.3 If you become aware of any unauthorised use of the Content (or any part of it) or any use of our intellectual property rights by any other person you agree to notify us immediately.
6.4 You hereby agree not to contest our intellectual property rights in or to our site.
6.5 You hereby grant to us a perpetual royalty free, irrevocable licence to copy, issue copies, communicate to the public, make publicly available (either in whole or in part or in a modified or edited form any material you post on our site subject to our Privacy Policy.
7. Carbon Credits Allocation
7.1 If you choose to pay for a Carbon Credits Allocation you will be preventing that specified amount of Carbon Credits from being available for trading under the EU Emissions Trading Scheme.
7.2 You are able to choose the amount of your Carbon Credit Allocation from the alternative amounts shown on the site.
7.3 If you choose to specify a carbon emitting activity which corresponds to your Carbon Credit Allocation, you are able to describe (in 50 chars or less) the carbon emitting activity (the "Allocation Description") which shall appear in your Book Entry.
7.4 You are able to pay for a Carbon Credits Allocation as a gift for someone else, but where you do so and you provide personal information about a third party, you warrant that you are authorised to use that person's personal information and accept sole responsibility for this.
8. Paying for Carbon Credits and Refunds
8.1 In consideration for your payment for a Carbon Credits Allocation, we shall:
8.2 Payment for the full price of your Carbon Credits Allocation (at our prevailing rates inclusive of VAT) may be made either by [credit card or debit card] and is made via a secure payment system Secure Trading.
8.3 Once your payment has been successfully processed, we shall send you an email confirming that your order for a Carbon Credits Allocation has been processed. We shall send you a second email confirming your order reference so that you can search for your credits.
8.4 We'll pay a proportion of our profits, not sales revenues, so I'll just do it with a deed of covenant .
8.5 [If you have paid for a Carbon Credits Allocation, but change your mind for whatever reason, we agree to refund your payment made to us back to you within [7] days of the date of our second email confirming your order reference]
9. Our Obligations
9.1 Subject to paragraph 9.2, we will not nor attempt to trade, re-sell, transfer or otherwise assign the rights to any Carbon Credits which have been allocated to you as a Carbon Credits Allocation.;
9.2 We reserve the right to sell, trade or assign the rights to any Carbon Credits subsisting under any prevailing Carbon Credit Contracts which have not been allocated to a User within one year of the date of purchase of the Carbon Credit Contract.
9.3 We will display your Book Entry in the Book Entry Database for the shorter of 10 years or the period for which the site is operational from the date that the transaction for your Carbon Credits Allocation is processed. Where all the Carbon Credits under any Carbon Credit Contract have all been allocated to Users the Book Entries for that respective Carbon Credit Contract shall appear in the archive page.
9.4 We shall arrange for an audit of the Carbon Credit Contracts and the allocation of Carbon Credits to Users on a quarterly basis commencing on [insert first quarter date] by [independent auditors] [our auditors] [insert name and address of auditors].
10. Warranties
10.1 By using our site, you represent and warrant that:
10.2 You agree to indemnify us and hold us harmless from any claim or damages (including any legal fees in relation to same) made by a third party in respect of any matter in relation to or arising from your use of our site arising from any breach or suspected breach of these Terms and Conditions by you or your violation of any law or the rights of any third party.
11. General Disclaimer and Limitations and Exclusions of Liability
11.1 We are providing our site on an 'as is' basis and we make no representations or warranties of any kind with regard to the Content and the allocation of Carbon Credits to Users and disclaim all such representations and warranties. In addition, we make no representations or warranties about the accuracy, timing, reliability, completeness or suitability for any purpose of the information or any statements or opinions and any graphics published on our site. Whilst we will endeavour to ensure that the information on our site is correct, the Content may contain inaccuracies or typographical errors and we do not warrant the accuracy and completeness of the Content. Any and all liability howsoever arising for any such inaccuracies or errors or for:
is expressly excluded to the fullest extent permitted by law.
11.2 NEITHER WE NOR ANY OF OUR DIRECTORS, EMPLOYEES OR OTHER REPRESENTATIVES WILL BE LIABLE WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE, FOR ANY LOSS OR DAMAGE WHATSOEVER AND WHETHER DIRECT OR INDIRECT ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR SITE AND/OR THE CONTENT, INCLUDING, WITHOUT LIMITATION, DAMAGE TO SOFTWARE OR HARDWARE, ECONOMIC LOSS, LOSS OF DATA, CONSEQUENTIAL DAMAGE, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.
11.3 We do not warrant or represent that:
11.4 Notwithstanding the foregoing, none of the exclusions and limitations in these Terms and Conditions are intended to limit any statutory rights which you may have, which may not be excluded nor in any way to exclude or limit our liability to you for death or personal injury (which for the avoidance of doubt does not include death of or personal injury to animals) resulting from our negligence or that of our agents or employees.
11.5 Nothwithstanding our obligation at paragraph 6.1 above, You should note in particular that:
11.6 Each of the above exclusions and/or limitations shall be construed as a separate and severable provision of these Terms and Conditions.
12. Links to and from Third Party Websites
12.1 We may provide links from our site to third party Websites. We shall endeavour to ensure that links to other Websites are clearly signposted. We will not be liable in any way whatsoever and we make no representations, warranties, recommendations or endorsements in connection with the availability of any such Website or any content, advertising, products or services on or available from such Websites. If you decide to access any of the third party Websites linked to our site you do so at your own risk. These Terms and Conditions do not apply to any third parties over whom we have no control or to other Websites. We recommend that you review any terms and conditions belonging to other Websites before using those Websites.
12.2 We will not be liable in any way whatsoever and we make no representations, warranties, recommendations or endorsements in connection with the availability of any Websites or any content, advertising, products or services on or available from such Websites. If you decide to access any of the Websites linked to our site you do so at your own risk.
12.3 [If you would like to create a link to our site you may contact our customer services - please include the words "link exchange" in the subject bar) to request a link. You may only link to our site on the basis that you link to the links page of our site and subject to the following conditions:
12.4 We reserve the right to revoke the right granted in paragraph 12.3 above in the event of breach of these terms and to take any action we consider necessary, including the removal of any link between our site and yours.
12.5 You agree to fully indemnify us for any loss or damage suffered by us for breach of paragraph 12.3
13. Visitor Material and Conduct
13.1 Please see our Privacy Policy that sets out information about our use of personal information relating to you gathered by us.
13.2 We may use information we have collected for running and improving our site, providing statistics relating to use and other feedback to businesses who provide or contribute to Content and for any other purpose to which you consent.
13.3 We endeavour to use appropriate security procedures in the storage of personal information so as to prevent unauthorised access by third parties. However, the Internet is not a completely secure medium and, as such, you acknowledge and agree that, to the fullest extent permitted by law, we shall not be responsible for any unauthorised use, & distribution, damage or destruction of personal data held by us.
13.4 Other than personal information covered under our Privacy Policy, any material you transmit or post to our site [including your Book Entry] shall be considered non-confidential and non-proprietary, and we shall have no obligations with respect to such material. We and others authorised by us shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
13.5 You are prohibited from posting or transmitting to or from our site any material:
13.6 We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity of, or locate, anyone posting material in breach of paragraph 13.5 above.
13.7 We reserve the right to remove any material posted on our site by you which is in breach of paragraph 15.5 above.
14. Changes to our site, the Content and these Terms and Conditions
We reserve the right at any time without notice to revise, modify, alter, or update our site, the Content and these Terms and Conditions and you agree to be bound by any such modifications, alterations or updates which are posted on our site. By continuing to use our site following the posting of any such modifications, alterations or updates, you will signify that you agree to be bound by the revised terms and conditions. You should review these Terms and Conditions from time to time to check the current version of these Terms and Conditions which are binding on you. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages on our site.
15. Written Communications
When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This paragraph does not affect your statutory rights.
16. Notices
All notices given by you to us must be given to Greenmile.co.uk Limited at info@greenmile.co.uk or in writing to us at Greenmile.co.uk Limited, PO Box 1217, Bristol BS40 8WU. We may give notice to you at either the email address or postal address you provide when placing an order. 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.
17. General
17.1 If any provisions under these Terms and Conditions are held by a court of England and Wales to be void or unenforceable, such provision shall be deleted from the Terms and Conditions and the remaining provisions shall continue in full force and effect.
17.2 We shall not be liable for any failure for any suspension, or termination of access to our site or any content arising out of a force majeure event. A force majeure event shall include, without limitation, failure of infrastructure, government intervention, wars, civil commotion, hijacking, fire, flood, accident, storm, strikes, lockouts, terrorist attacks or threat of terrorist attacks, or industrial action affecting us or our suppliers.
17.3 These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales and you agree to submit to the exclusive jurisdiction of the courts of England and Wales.
18. Feedback and Complaints
If you have any complaints about any aspect of our site or if you have any questions or would otherwise like to provide any other feedback, then you can contact us by email: info@greenmile.co.uk or write to us at Greenmile.co.uk Limited, PO Box 1217, Bristol BS40 8WU.
