TERMS AND CONDITIONS
Terms and conditions
Last updated: 29 February 2020
My Carbon Plan aims to enable people to measure, reduce and offset their carbon footprint. Offset services include monthly subscriptions and purchases, these should all be considered as non-refundable donations to My Carbon Plan Ltd, a not-for-profit, by the User.
1. About Our Terms
This website is provided and operated by My Carbon Plan Ltd, incorporated in the UK and limited by guarantee, company number 12488992 whose headquarters is at 1 The Foresters, Harpenden, AL5 2FB (“My Carbon Plan” or “MCP”), with its registered address at 1 The Foresters, Harpenden, Al5 2FB.
These terms and conditions (the 'Terms') explain how you may use this website (www.mycarbonplan.org, the 'Site') which is provided to you free of charge; or purchase any Carbon Offset Plan or Purchase (“Services”). You should read these Terms carefully before using the Site.
By accessing our Service or using the Site or otherwise indicating your consent, you agree to be bound by these Terms and the documents referred to in them. If you do not agree with or accept any of these Terms, you should stop using the Site immediately. We reserve the right to change these Terms at any time.
If you have any questions about the Site, please contact us at firstname.lastname@example.org
2. Using the Site
The Site is for your personal and non-commercial use only. You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of the Site.
The Site is intended for use only by those who can access it from within the UK. If you choose to access the Site from locations outside the UK, you are responsible for compliance with local laws where they are applicable.
We may prevent or suspend your access to the Site if you do not comply with any part of these Terms, the documents referred to in them or any applicable law.
Children under the age of 13 may not use the Services and parents or legal guardians may not agree to these Terms on their behalf. Children under 18 years of age but at least 13 years of age may use the Services under the supervision of parents or legal guardians who agree to be bound by these Terms on their behalf, but such children may not purchase the Services. If you are a parent or legal guardian agreeing to these Terms for the benefit of a child between the ages of 13 and 18, you are fully responsible for his or her use of the Services and the purchase of any Services, including all legal liability he or she may incur.
4. Ownership, use and intellectual property rights
This Site and all intellectual property rights in it, including but not limited to any text, images, video, audio or other multimedia content, or other information or material on the Site ('Content'), are owned by us, our licensors or both (as applicable). Intellectual property rights means rights such as copyright, trade marks, domain names, design rights, patents and other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world).
We and our licensors reserve all of our and their rights in any intellectual property in connection with these Terms. This means, for example, that we and they remain owners of them and free to use them as we and they see fit.
The following intellectual property rights restrictions apply to your use of this Site:
Commercial use or publication of any or all of the Content is strictly prohibited without prior authorisation from us. Nothing contained herein shall be construed as conferring any licence to use any item displayed, other than as necessary to enable you to access the Site.
The My Carbon Plan logo is a protected trademark under international and national laws. Use of this trademark is strictly prohibited without prior authorisation from us or the relevant trademark owner.
You may print off one copy (although you will be increasing your carbon footprint and killing a tree if you do), and may download extracts, of any page(s) of our Site for your personal private use and you may draw the attention of others within your organisation to Content posted. However, you must not modify the paper or digital copies of any Content you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Images are generally royalty-free and opensource, however some may be proprietorial. Other than as set out in the section above, use of these images is strictly prohibited without prior authorisation from the copyright owner.
5. Rules about linking to our Site
You may link to our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Site on any website that is not owned by you. Our Site must not be framed on any other site. We reserve the right to withdraw linking permission without notice.
You may not use the Services to: (i) transmit any content, information or other materials that are, or which we consider in its sole discretion to be, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, obscene, lewd, lascivious, violent, harassing or otherwise objectionable, including without limitation expressions of bigotry, prejudice, racism, hatred or profanity; (ii) sell or promote any products or services, including any controlled pharmaceutical substances, tobacco, firearms, or alcoholic beverages; (iii) introduce viruses, worms, Trojan horses and/or harmful code; (iv) display material that exploits children under 18 years of age; (v) post any content, information or other materials that infringe, misappropriate or violate any intellectual property or other right of any third party; (vi) promote or solicit any business or promote, solicit or participate in multi-level marketing or pyramid schemes; impersonate any other person, including but not limited to, a My Carbon Plan representative; (vii) post, collect or disclose any personally identifying information (including account names) or private information about children or any third parties without their consent (or their parent's consent in case of a child under 13 years of age); (viii) post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation, including without limitation solicitations of credit card numbers, solicitations for sponsors, or promotion of raffles or contests; (ix) violate these Terms, or any applicable local, state, national or international laws or regulations; or (x) use our Services or My Carbon Plan Content to develop a competing service or product.
You also agree that you will not (and will not attempt to or permit any third party to): use any device, software, malicious code or destructive routine intended to damage or otherwise interfere with the proper functioning of our Site, App, servers, or networks connected to our Services or take any other action that interferes with any other person’s use of our Services. You will not reverse engineer, decompile, disassemble, translate, derive the source code for, interfere with, rent, sell or lease the Services, any part thereof or access thereto.
7. Site Services
We reserve the right to vary any plan fees and the prices of any goods or services listed without notice. All goods and services are subject to availability. We reserve the right to refuse to accept any registration and to refuse to supply any goods or services to any individual or company.
Our Carbon Offset Plans and Carbon Offset Purchases do not confer any benefit to the purchaser. These should be considered by the user as an irrevocable, non-refundable donation. For which the purchaser will receive no economic benefit or rights. The user may request to cancel a plan at any time, and without prior notice. The plan will end at the next schedule payment date and no further payments will be due. NO REFUNDS ARE AVAILABLE FOR PLAN PURCHASES WHICH HAVE ALREADY BEEN MADE.
The Carbon Offset Plans and Carbon Offset Purchases are indicative and, for example, the corresponding number of trees that are planted may be higher or lower than those anticipated by the user and may, or may not, be sufficient to offset the carbon footprint of the user. My Carbon Plan, at its sole discretion, will direct the use of funds it receives.
The Carbon Footprint calculator is illustrative only. It is intended as a guide to raise awareness about the environmental impact that each of us has on the environment. We will not be held liable for any decisions, actions or non-action taken as a result of the site visitor or member using the Carbon Footprint calculator.
You may deactivate your account and discontinue your use of the Services at any time. In order to deactivate your account, please contact us at email@example.com
My Carbon Plan may also terminate your account if we determine that your conduct poses a risk or liability to My Carbon Plan, or for any other reason as determined by us in our sole discretion.
The provisions of these Terms that by their content are intended to survive the expiration or termination of these Terms, including, without limitation, provisions governing ownership and use of intellectual property, representations, disclaimers, warranties, liability, indemnification, governing law, jurisdiction, venue, remedies, rights after termination, and interpretation of these Terms, will survive the expiration or termination of these Terms for their full statutory period.
YOU EXPRESSLY AGREE TO WAIVE AND RELEASE AND HEREBY WAIVE AND RELEASE, ANY AND ALL CLAIMS AND LIABILITIES AGAINST MY CARBON PLAN THAT ARISE FROM YOUR USE OF THE SERVICES OR, INCLUDING, WITHOUT LIMITATION, YOUR USE OF THE SERVICES IN VIOLATION OF THIS THESE TERMS, THE RENTAL AND SALES AGREEMENT, THE REFERRAL POLICY, OR ANY FEDERAL, STATE, OR LOCAL LAWS OR REGULATIONS.
UNDER NO CIRCUMSTANCES, SHALL MY CARBON PLAN OR ANY OF ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, OR CONTRACTORS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICES.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR OTHERWISE, INCLUDING LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE, OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORISED REPRESENTATIVE OF GB HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH THE SERVICES, ANY OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. YOU ACKNOWLEDGE, BY YOUR USE OF THE SERVICES, THAT SUCH USAGE IS AT YOUR SOLE RISK AND YOU ACCEPT THE TERMS AND CONDITIONS STATED IN THESE TERMS, INCLUDING THE LIMITATION OF LIABILITY AND DISCLAIMERS SET FORTH HEREIN.
IN THE EVENT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES CONTAINED IN THESE TERMS SHALL BE DETERMINED BY A COURT OR ARBITRATOR TO BE INVALID OR UNENFORCEABLE, THEN SUCH PROVISIONS SHALL BE REFORMED TO THE MAXIMUM LIMITATION PERMITTED BY APPLICABLE LAW. IN ANY EVENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OR THE USE OR EXPLOITATION OF ANY OR ALL PARTS OF THE SERVICES IN ANY MANNER
Software that may be made available to use or download from this Web Site ("Software") is the copyrighted work of The Company and/or Third-Party Providers.
Use of the Software is governed by the terms of the end user license agreement that accompanies or is included with the Software ("License Agreement"). An end user agrees to the License Agreement terms by installing, copying, or using the Software. The Software is made available for downloading solely for use by end users according to the License Agreement. Without limiting the foregoing, the copying or reproduction of the Software to any other server or location for further reproduction or redistribution is expressly prohibited. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS MAY BE EXPRESSLY WARRANTED IN THE LICENSE AGREEMENT. MY CARBON PLAN LTD HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
9. Accuracy of information and availability of the Site
While we try to make sure that the Site is available, accurate, up-to-date and free from bugs, we do not warrant that provision of the Site will be uninterrupted or error free, that defects will be corrected, or that this Site or the server that makes it available are free of viruses or bugs.
The Site is provided "as is". We do not promise that the Site will be fit or suitable for any purpose. The Site and the Content are provided for your general information purposes only and to inform you about us and our activities, news, services and other websites that may be of interest. The Content does not constitute technical, financial or legal advice or any other type of advice and neither the Site nor the Content should be relied upon for any purposes.
We may suspend or terminate operation of the Site at any time as we see fit.
We recommend that you take appropriate safeguards to protect against viruses before downloading any Content.
WHERE EXPRESSLY PROVIDED OTHERWISE BY THE COMPANY THE MATERIALS ON THE WEBSITE ARE PROVIDED "AS IS", AND THE COMPANY HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. THE COMPANY MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED ON THE WEB SITE.
LIMITATION OF LIABILITY WE SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, INVESTMENT, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS WEB SITE, EVEN IF THE COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
YOU HAVE SOLE RESPONSIBILITY FOR THE ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEB SITE AND YOU WILL NOT MAKE A CLAIM AGAINST THE COMPANY FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS, OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS. YOU AGREE TO HOLD THE COMPANY HARMLESS FROM, AND YOU COVENANT NOT TO SUE THE COMPANY FOR, ANY CLAIMS BASED ON OR RELATED TO THE USE OF THE WEB SITE.
10. Hyperlinks and references to other websites
The Site may contain links or references to websites operated by other organisations. Any such links or references are provided for your convenience only. We do not control such websites, and are not responsible for their contents. Our inclusion of links or references to such websites does not imply any endorsement of the material on such websites or any association with their operators. You are responsible for evaluating the accuracy and completeness of any information contained on third party websites, and also the value and integrity of any goods and services offered.
Your use of a third party website may be governed by the terms and conditions of that third party site.
11. Security of the Site
Although the Site uses encryption security software in areas where online payment details are accepted, the security of information and payments transmitted via the internet cannot be guaranteed.
12. Limitation on our liability
Except for any legal responsibility that we cannot exclude at law (such as death or personal injury), we are not legally responsible for any:
a) losses that: (i) were not foreseeable to you and us when these Terms were formed; or (ii) that were not caused by any breach on our part;
b) business losses; or
c) losses to non-consumers.
To the extent permissible under applicable law, we are not legally responsible for any losses or damage incurred or sustained by viruses transmitted via the Site and the Content, or incurred or sustained when transmitting information by email or otherwise over the internet.
13. Events beyond our control
We shall have no liability to you for any breach of these Terms, or loss or damage which may be suffered by you or any third party due to any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
No changes to these Terms are valid or have any effect unless agreed by us in writing. We reserve the right to vary these Terms from time to time. Our updated terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.
15. Your Personal Data
WHAT WE NEED
My Carbon Plan is the ‘controller’ and the ‘processer’ of the personal data you provide to us. We collect personal data about you which may also include any special types of information or location-based information. We also gather other information including name, addresses, email, dependents and financial status.
WHY WE NEED IT
We need to know your basic personal data to identify you as a member (client identification) including, but not limited to, money laundering purposes. We will not collect any personal data from you we do not need, either in provide our services or for legal and regulatory purposes.
For processing of data to be lawful under GDPR, My Carbon Plan Ltd uses the following test under the EU General Data Protection Regulations;
(a) Consent: the individual has given clear consent for you to process their personal data for a specific purpose.
(b) Contract: the processing is necessary for a contract you have with the individual, or because they have asked you to take specific steps before entering into a contract.
(c) Legal obligation: the processing is necessary for you to comply with the law (not including contractual obligations).
(d) Legitimate interests: the processing is necessary for your legitimate interests or the legitimate interests of a third party unless there is a good reason to protect the individual’s personal data which overrides those legitimate interests. (This cannot apply if you are a public authority processing data to perform your official tasks.)
WHAT WE DO WITH IT
All the personal data we use is controlled by My Carbon Plan Ltd in the UK, however, for the purposes of IT hosting and maintenance, this information is located on servers within the European Union. No 3rd parties have access to your personal data unless the law allows them to do so. We have a Data Protection regime in place to oversee the effective and secure processing of your personal data. More information on this framework can be found on our website.
We may pass your data to potential providers of finance to provide you with offers of products suitable to meet your customer requirements.
Your data is stored electronically on our encrypted hard drive and cloud-based servers.
HOW LONG WE KEEP IT
We are required by regulations to keep certain information such as name, address, contact details for a minimum period of time, typically 6 to 12 months. After this time it will be destroyed. The information used for marketing will be kept with us until you notify us that you no longer wish to receive this information.
What are your rights?
If at any point you believe retained information is incorrect you can request to see this information and even have it corrected and possibly deleted. Providing you with this information is free of charge, but charges may apply for excessive requests.
If you wish to raise a complaint on how we have handled your personal data, you can contact our Data Protection Officer who will investigate the matter.
Where relevant, you have the right to withdraw consent and object at any time and this means that we cannot process your data provided without your consent.
More information about your rights can be found on the Information Commissioners website.
If you are not satisfied with our response or believe we are processing your personal data not in accordance with the law you can complain to the Information Commissioner’s Office (ICO).
Our Data Protection Officer is Stephen Findlay, firstname.lastname@example.org
You consent to receive communications from us, including email, text messages, calls, direct mail, and push notifications, including for the purposes of notifying you about the status of your Plan or Purchases, sending you reminders, facilitating secondary authentication, and providing other information.
We may contact you by telephone calls or text messages, including by an automatic telephone dialing system, at any of the telephone numbers provided by you. Standard message and data rates charged by your mobile carrier may apply to the text messages we send you. You may opt out of receiving communications by emailing email@example.com
You acknowledge that opting out of receiving communications may impact your use of the Services.
17. Mobile Charges
Your contract with your mobile network provider (“Mobile Provider”) will continue to apply when accessing or using the Services on your mobile, handheld device (“Mobile Device”).
You understand that your Mobile Provider may charge you fees for your use of its network connection services while accessing or using the Services, for data downloading, e-mail, text messages, for roaming, and other Mobile Provider or third party charges.
YOU ACCEPT RESPONSIBILITY FOR ALL MOBILE PROVIDER FEES.
18 Your Account
Access to the Services allows you to be registered with us via a My Carbon Plan generated registration form. This form will require you to provide certain requested information (including personal information). At such time, you will be provided with account and login information including a username and password to successfully complete the registration process.
B. Unauthorised Use and Information Changes
You must immediately notify us if your registration information changes or you learn of or have reason to suspect any unauthorised use of your account or any other breach of security. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password. You also agree that you will provide truthful and accurate information during the registration process. We may refuse to grant you a particular username for any reason, including, without limitation, if we have reason to believe that such username impersonates someone else, is protected by trademark or other proprietary rights, or is vulgar or otherwise offensive.
C. Storing Credentials
The Services may allow you to store your login credentials in your web browser so that you can be automatically logged in each time you access the Services. If someone else has access to your computer or web browser, the automatic login feature will allow that person to have access to your account. You are responsible for any damages to My Carbon Plan or the Services resulting from unauthorised access to the Services from your account and we will have no liability to you or any third party for damages or loss related to such unauthorised access or use.
We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with us please contact us as soon as possible.
If you and we cannot resolve a dispute using our complaint handling procedure, we will:
let you know that we cannot settle the dispute with you; and
give you certain information about our alternative dispute resolution provider.
These Terms, their subject matter and their formation, are governed by English law.
You and we both agree that the courts of England and Wales will have exclusive jurisdiction.
20. Queries and Legal Contact
If you have any queries regarding these Terms, please contact us at firstname.lastname@example.org
We will use reasonable efforts to respond in a timely manner. However, we cannot guarantee a prompt response in all cases. We cannot and do not assume any responsibility for your use or misuse of the Services or any other information transmitted, monitored, stored, or received while using the Services.
21. Notice and Take Down Procedures; Copyright
If you believe any My Carbon Plan Content infringes your copyright, you may request removal of those materials (or access thereto) by contacting My Carbon Plan’s legal contact via email@example.com and providing the following information:
identification of the copyrighted work that you believe to be infringed, including a description of the work, and where possible a copy or the location (e.g., URL) of an authorised version of the work;
identification of the material that you believe to be infringing and its location, including a description of the material and its URL or any other pertinent information that will allow us to locate the material;
your name, address, telephone number and e-mail address; a statement that you have a good faith belief that the complained of use of the materials is not authorised by the copyright owner, its agent, or the law;
a statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorised to act on the copyright owner’s behalf; and
a signature or the electronic equivalent from the copyright holder or authorised representative.
You may not assign or transfer these Terms or any of your rights or obligations under these Terms. My Carbon Plan may assign these Terms at any time without notice to you.
No one other than a party to these Terms has any right to enforce any of these Terms.
23. Entire Agreement
These Terms are the entire agreement between you and My Carbon Plan relating to the subject matter herein and shall not be modified except by My Carbon Plan in accordance with these Terms, or as otherwise agreed in writing by you and My Carbon Plan. No employee, agent or other representative of My Carbon Plan has any authority to bind My Carbon Plan with respect to any statement, representation, warranty or other expression not specifically set forth in these Terms.
24. Severability and Waiver
If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. The failure of a party to require performance of any provision will not affect such party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
25. Force Majeure
My Carbon Plan will not be liable for, or be considered to be in breach of these Terms on account of, any delay or failure to perform as required by these Terms as a result of any cause or condition beyond My Carbon Plan’s reasonable control.