Terms and Conditions
Effective as of October 25, 2024
Introduction
govern your use of the Social Carbon Foundation (SCF) website located at www.socialcarbon.org and associated subdomains, including https://portal.socialcarbon.org, collectively referred to as the “Website” or “Services.” The Services include the Social Carbon Portal, which enables users to upload documents, share information, and interact with other users.
By accessing and using the Website and Services, you agree to be bound by these Terms. If you do not agree, you must discontinue use immediately.
1. ACCEPTANCE OF THE TERMS AND AUTHORISED USERS
1.1. These Terms govern your use of the Website. Your access to and use of the Website and Services are conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and other people who access or use the Website and Services.
This Agreement is legally binding between you ("user", "you" or "your") and the Social Carbon Foundation (“SCF", "we", "us" or "our").
By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.
If you do not agree to these Terms or the Privacy notice, you must stop using the Website immediately.
1.2. The content of the Website is for general audiences but in order to accept this Terms and to use the Services, you must be at least 18 years of age.
2.REFERENCE TO PRIVACY NOTICE
Your use of the Website is subject to our Privacy Notice, which complies with applicable data protection laws, including the General Data Protection Regulation (GDPR) and UK data protection laws. By accessing the Website, you also agree to be bound by the Privacy Notice as published on the Website and updated from SCF from time to time.
3. USER-GENERATED CONTENT
3.1. Ownership: You retain all ownership rights to any content, materials, or information you upload, submit, or share through the Social Carbon Portal (“User Content”). By sharing User Content on the Portal, you represent that you have the necessary rights and permissions to grant the license described in Section 3.2 and that your User Content does not infringe any third-party rights.
3.2. License to SCF: By submitting User Content, you grant SCF a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, display, distribute, and adapt your User Content solely in connection with operating, promoting, and improving the Social Carbon Portal and Services. This license allows SCF to display User Content to other users, create derivative works to better integrate the content within the Services, and ensure continuity in case of technological updates or platform changes. You retain all other rights in your User Content.
3.3. Responsibilities: You are solely responsible for the accuracy, legality, and appropriateness of the User Content you submit. SCF reserves the right, but has no obligation, to monitor, edit, or remove User Content that it deems, in its sole discretion, to violate these Terms, applicable laws, or the rights of third parties.
3.4. Content Review and Removal: SCF reserves the right to review, remove, or refuse any User Content at its discretion and without prior notice if it violates these Terms or any applicable laws. SCF may also remove User Content upon request if it infringes the rights of others or violates applicable regulations.
3.5. Account Security: You are solely responsible for maintaining the confidentiality and security of your account credentials, including any passwords associated with your Social Carbon Portal account. You agree to:
Choose a strong, unique password for your account.
Not share your password or account access with others.
Immediately notify SCF of any unauthorized access, suspicious activity, or security breach related to your account.
SCF is not liable for any loss or damage arising from your failure to securely manage your account credentials or for unauthorized access to your account.
4. PROHIBITED USE OF THE WEBSITE
You are prohibited from using the Website and Services:
for any unlawful purpose;
to solicit others to perform or participate in any unlawful acts;
to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
to submit false or misleading information;
to disturb or damage the Website or the Services offered by SCF and/or causes any damage to SCF or any third-party;
to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the website and services, third party products and services, or the internet;
to spam, phish, pharm, pretext, spider, crawl, or scrape;
for any obscene or immoral purpose;
to interfere with or circumvent the security features of the website and services, third party products and services, or the internet; or
to breach the Terms.
We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses.
The Social Carbon Portal is a collaborative space for sharing environmental project-related information and documentation. Users agree to interact respectfully and professionally. SCF reserves the right to restrict access or suspend users who engage in inappropriate or disruptive behavior.
5.WEBSITE AVAILABILITY
Access to the Website is permitted on a temporary basis. SCF may modify, suspend, discontinue or change the Website at any time in its sole discretion. As a result, the Website or some parts of the Website may be unavailable for access or use from time to time. SCF will use reasonable endeavors to limit the period during which the Website is unavailable. SCF shall not be liable for the consequences of any unavailability of the Website or any part thereof. SCF may modify, suspend, discontinue or change the Website at any time in its sole discretion.
6.OVERSEAS USE
The Website may be accessed throughout England. SCF makes no representations that the content of the Website complies with the laws (including intellectual property laws) of any country outside of England. If you access the Website from outside England, you do so at your own risk and are responsible for complying with the laws in the place where you access the Website.
7. ACCURACY OF INFORMATION
The Website may contain Services, information, text, graphics, materials, software (including third party software) and other content (collectively as “Website Materials”).
Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to Services descriptions, pricing, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or Services is inaccurate at any time without prior notice (including after you have submitted your order).
8. DISCLAIMER OF WARRANTY
The Website and Website Materials are provided “as is” and “as available” basis and that your use of the Website and Services is solely at your own risk. SCF makes no representations or warranties of any kind with respect to the information and materials contained in the Website and/or Website Materials, including without limitation warranties of title, non-infringement, merchantability or fitness for a particular purpose.
We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
We make no warranty that the Website and Services will meet your requirements, or that the Website and Services will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Website and Services or as to the accuracy or reliability of any information obtained through the Website and Services or that defects in the Website and Services will be corrected.
You understand and agree that any Website Materials and/or data downloaded or otherwise obtained through the use of the Website and Services is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data.
We make no warranty regarding any Services purchased or obtained through the Website or any transactions entered into through the Website unless stated otherwise.
No advice or information, whether oral or written, obtained by you from us or through the Website and Services shall create any warranty not expressly made herein.
The Website is intended for general guidance and awareness and should not be construed as financial, legal or other advice of any kind, nor should it be regarded as an offer or as a solicitation of an offer to buy, sell or otherwise deal in any investment. You may not use the Website and Services in, or generate based on the Website and Services, any advice, recommendations, guidance, publications or alerts to clients or third-parties. SCF expressly disclaims all liability and responsibility arising from any reliance placed on the Website by you or any visitor to the Website, or by anyone who may be informed of any of its contents.
9. LINKS TO THIRD-PARTY SOURCES
Our Website may contain links to or may frame third party Web sites ("Third Party Sites") and may contain or link to third party information, materials, communications or other content (collectively the "Third Party Content"). Such Third-Party Content and Third-Party Sites are not owned or controlled by SCF. SCF has no control over, and assumes no responsibility for, the content, the privacy notices or practices of any third-party websites or companies.
You further acknowledge and agree that SCF shall not be responsible or liable directly or indirectly, for any damages or loss caused or alleged to be caused by or in connection with use of or reliance on any such content or services available on or through any such websites or services.
You access third-party sources or links at your own risk and subject to the Terms of the provider. To the full extent permitted by law, SCF disclaims all guarantees and warranties, express and implied, as to the accuracy, value, legality, or otherwise of any materials or information contained on such links.
You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website. Your linking to any other off-site resources is at your own risk.
10. LINKS TO THE WEBSITE
If you would like to link another Web site to this Website, you may only do so if you obtain SCF's prior permission. Such link may not suggest or imply SCF's endorsement or approval of any product, position, entity, or individual, or portray SCF in a false, misleading, derogatory or otherwise defamatory manner, and the linking site may not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. Any right to link may be revoked at any time. You may not use the SCF logo or other proprietary graphic of SCF to link to the Website without express written permission of SCF.
11. INTELLECTUAL PROPERTY
"Intellectual Property Rights" include without limitation all rights and prerogatives, whether registered or not, deriving from English and International legislation on the protection of patents, design, trademarks, know-how, audio visual, literary, moral rights, copyrights, trade secrets and other proprietary rights.
This Agreement does not transfer to you any intellectual property owned by SCF or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with SCF.
All trademarks, service marks, graphics and logos used in connection with the Website and Services, are trademarks or registered trademarks of SCF or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website and Services may be the trademarks of other third parties.
Your use of the Website and Services grants you no right or license to reproduce or otherwise use any of SCF or third-party trademarks.
You may not use any metatags or any other "hidden text" using any of SCF or third-party trademarks without our prior written permission.
12. LIMITATION OF LIABILITY
IN NO EVENT SHALL SCF, ANY OTHER PARTY (WHETHER OR NOT INVOLVED IN CREATING, PRODUCING, MAINTAINING OR DELIVERING THE WEBSITE), AND/OR THE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS OF ANY OF THEM, BE LIABLE FOR ANY DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOSS OF INCOME, LOSS OF ACTUAL OR ANTICIPATED PROFITS, LOSS OF BUSINESS, LOSS OF CONTRACTS, LOSS OF GOODWILL OR REPUTATION, LOSS OF ANTICIPATED SAVINGS, LOSS OF, DAMAGE TO OR CORRUPTION OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM THE USER’S RELIANCE ON ANY INFORMATION OBTAINED FROM SCF, OR RESULTING FROM ANY FAILURE IF PERFORMANCE, ERROR, OMISSIONS, INTERRUPTION, DELETION OF FILES OR EMAIL, DEFECT, VIRUS, DELAY IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT CAUSED BY FORCE MAJEURE, ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORISED ACCESS TO SCF'S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SCF, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE EXCEED ANY COMPENSATION PAID BY YOU, IF ANY, FOR ACCESSING TO OR USING OF THE WEBSITE.
13. INDEMNIFICATION
You agree to indemnify and hold SCF and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website and Services or any willful misconduct on your part.
14. SEVERABILITY
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable.
If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
15.DISPUTE RESOLUTION
The Laws of England and Wales govern all matters arising out of or relating to these Terms and transactions it contemplates including, without limitation, their interpretation, construction, validity, performance, and enforcement.
Any and all disputes, controversies or claims that may arise between you and SCF in connection with, but not limited to, its interpretation, construction, validity, performance, and enforcement shall be settled by an amicable effort on the part of the Parties.
If such attempt at settlements fails, you and SCF agree that all disputes arising out of or in connection with these Terms shall be finally settled under the Courts of London, England. The language of the proceedings is English.
The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
16. ASSIGNMENT
You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations under this Agreement, in whole or in part, without our prior written consent, which consent shall be in our sole discretion and without obligation, and any such assignment or delegation shall be null and void.
We shall be free to assign all or any of your rights or obligations hereunder, in whole or in part, to a third party as part of a sale of all or substantially all of your assets or shares or as part of a merger.
17. GENERAL
Nothing in this Terms creates a relationship of principal/agent, employer/employee, joint-venture, or partnership… It is the express intention of SCF and you that any such relationships are expressly denied.
There Terms and the Privacy Notice record the entire agreement between SCF and you in respect of its subject matter.
18. CHANGES AND AMENDMENTS
SCF amend these Terms and/or the Privacy Notice at any time, at our discretion and all amendments will take effect immediately upon the posting of the amended Terms and/or Privacy Notice on the Website.
You are responsible for regularly reviewing these Terms and/or the Privacy Notice and your continued use of the Website constitutes your agreement to all such amended Terms and/or Privacy Notice.
19. CONTACTING US
If you have any questions, concerns, or complaints regarding these Terms, we encourage you to contact us using the details below:
SCF address:
128 City Road, London,
United Kingdom, EC1V 2NX