Subscription Agreement

1. This subscription agreement, incorporating the web site Terms of Use located at www.thecarbonreport.com (the “Terms”), is referred to as the “Subscription Agreement”. The Subscription Agreement governs the terms and conditions upon which you (the “User”) will register and use the website located at the domain name www.thecarbonreport.com (the “Website”) and all Content (as defined in clause 6.1) including the carbon reporting tools (the “Tools”) made available by sustainableIT (Pty) Ltd (the “Provider”) on the Website. It also governs the payment procedure for additional features made available through a subscription.

2. By accessing and using the Website, Content or Tools which require subscription, the User agrees to be bound by the provisions of this Subscription Agreement. If the User does not wish to be bound by the Subscription Agreement, the User may not use the Website, Content or Tools which require subscription.

3. Updating of these Terms

Provider may change, modify, add to or remove from portions or the whole of these Terms. Changes to these Terms will become effective when the changes are posted to this Website. Provider will notify the User of the changes via email or by posting a prominent notice on the Website. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance of these Terms, including any changes or updates.

4. Terms of Use

4.1. The charges for subscription and will depend on the level of subscription requested by the User. Where a level of subscription requires payment of a subscription fee:

4.1.1. the User’s subscription will be conditional on payment in advance of such fee; and
4.1.2. the User’s subscription will be upgraded within 24 hours of receipt of the correct subscription fee.

4.2. If you are an individual (as opposed to a company or other corporate entity) and therefore qualify as a “consumer”, then a condition of this Subscription Agreement is that you agree that the services may commence within a seven day period from the date on which you subscribe to the Website. Accordingly, the cooling-off rights under section 44 of Electronic Communications and Transactions Act (the “ECTA”) do not apply in terms of section 42(1)(d) of ECTA.

5. Payment

5.1. The subscription fees must be made annually in advance and require to be received by the Provider before the User may access the Content.

5.2. Payment can be made by way of an electronic funds transfer to :

Account name: sustainableIT
Bank: First National Bank
Branch: Rondebosch
Branch code: 201509
Account no: 62173076318
Account type: Cheque account

6. Copyright and Intellectual Property Rights

6.1. The Provider provides certain information on the Website. All content (including the Tools) accessed by the User at the Website is provided by Provider, its affiliates or subsidiary, or any other third party owners of the content (“Content”). All the proprietary works, and the compilation of the proprietary works, belong to the Provider, its affiliates or subsidiary, or any third party owners of the rights (“Owners”), and the Content is protected by South African and international copyright laws.

6.2. The Providers may make any changes to the Website, the Content, or to products or services offered through the Website at any times and without notice to the User. All rights in and to the Content are reserved and retained by the Owners. Except as specified in these Terms, the User is not granted a license or any other right including under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.

7. Use of the Tool and Limited License to Subscriber Users

7.1. Provider allows and processes the registration of Users at the Website subject to the User agreeing to be bound by this Subscription Agreement. Upon agreeing to be bound by the terms of this Subscription Agreement, the User may use the Content for the purpose of measuring and reporting the User’s carbon emissions and generating reports in that regard (the “Purpose”).

7.2. Subject to the further terms of this Subscription Agreement, a non-exclusive, non-transferable, limited and revocable right is granted to Users to access, display and use the current and future Content for the Purpose only. In addition, reports generated by the Tools may be downloaded and copied. To be clear, the Website and the Content may only be accessed and used for the specific Purpose.

7.3. The license does not allow the User to collect product or service listings, descriptions or other information displayed here. It also does not allow any derivative use of this Website or the Content for the benefit of another merchant.

7.4. The Registered User may not frame the Website or the Content without the express written consent of Provider.

7.5. Provider and the Owners, their affiliates or subsidiary reserve the right in their sole discretion to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

7.6. Any unauthorised use terminates this license immediately.

8. Limited Warranty

The Website and all Content are provided on an “as is” basis, and may include inaccuracies or typographical errors. The Provider expressly disclaims all warranties, whether express, implied or statutory, as to any aspect of the Content, its operation or the services to be performed by the Content, including without limitation, warranties of merchantability, fitness for a particular purpose, design, condition, capacity, performance, title, and non-infringement of third party rights. The Provider does not warrant that the Website, Content or Tools will operate uninterrupted or error-free or that all errors will be corrected.

9. Limitation of liability:

9.1. Subject to sections 43(5) and 43(6) of ECTA (and only to the extent that the User is a consumer as defined in the ECTA), and to the extent permitted by law, the Provider, Owners, suppliers, employees, directors partners, affiliates and agents will not be liable for any damage, or loss or liability of any nature (whether direct, indirect, special, incidental or consequential damages or lost profits, or cost of procurement of substitute goods, technology or services) incurred by the User or any third party whoever as a result of any action or omission. The Owners make no warranty or representation as to the availability, accuracy or completeness of the Content, or any third-party content accessible via an Internet link.

9.2. Neither Provider nor any holding company, affiliate or subsidiary of Provider or Owners, will be held responsible for any damage of any kind, related to the use of, or the inability to access or use the Content or the Website or any functionality, or of any linked website to the extent permissible by law.

9.3. The User shall defend, indemnify and hold harmless the Provider, Owners, suppliers, employees, directors partners, affiliates and agents from and against any and all claims, loss, damage, settlement, costs or expense (including legal expenses), as incurred, resulting from, or arising out of this Subscription Agreement by the User or any third party.

10. Conflict

In the event of a conflict between the provisions contained in this document and the provisions of the Terms, the provisions of this document will take precedence.

11. Choice of Law

11.1. This Website is controlled, operated and administered by Provider from its offices as set out below within the Republic of South Africa.

11.2. These Terms will be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the Western Cape High Court in the event of any dispute.

11.3. If any of the provisions of these Terms are found by a court of competent jurisdiction to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible so as to give effect to the intent of these Terms, and the remainder of these Terms will continue in full force.

11.4. The Subscription Agreement constitutes the entire agreement between the Provider and the User with regard to the use of the Content and this Website.

12. Contact Details

12.1. In the event that you need to contact Provider for purposes related to these Terms and Conditions, please use the following:

12.1.1. Telephone: +27 (0) 21 403 6411
12.1.2. Fax: +27 (0) 21 403 6301
12.1.3. Email: info@thecarbonreport.com
12.1.4. sustainableIT © (www.thecarbonreport.com).