Terms and Conditions
The following Terms and Conditions govern the use of ConstructCO2 software ("the Service") by "You". By using the Service, or any services of ConstructCO2 and IBE Partnership, You are agreeing to be bound by these Terms and Conditions.
ConstructCO2 reserves the right to update and change the Terms and Conditions from time to time without notice. Any new features or changes to the current Service, including the release of new tools and resources, shall be subject to the Terms and Conditions. Continued use of the Service after any such changes shall constitute your consent to such changes. You can obtain the most current version of the Terms and Conditions from ConstructCO2 and IBE Partnership at any time by visiting http://www.constructcO2.com/terms-and-conditions.aspx.
ConstructCO2 and IBE Partnership and the contributors to this site shall have no responsibility to you or any other party for the content of any information on this site, including but not limited to errors or omissions. All information and services contained on this site are provided "as is" and as available without warranty of any kind, express or implied, including all implied warranties or merchantability and fitness for a particular use or purpose.
Questions about the Terms and Conditions should be sent to firstname.lastname@example.org.
1. Use of the Service
You must be 18 years or older to use this Service.
Accounts registered for use by automated methods are not permitted.
All accounts and all users attached to those accounts, whether Subscription Accounts or Trial Accounts, are bound by these Terms and Conditions.
You must provide your legal name, a valid email address, and any other information requested in order to complete the signup process to obtain an account.
You must not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You and any third party engaged by You shall only access the Service and the data therein through interfaces speciﬁcally designed and provided by ConstructCO2 and IBE Partnership.
You acknowledge that the use of the Service (including the normal operation of the Service) contrary to the Terms and Conditions constitutes an infringement of ConstructCO2 and IBE Partnership’s copyright in the Service.
ConstructCO2 and IBE Partnership reserves the right to refuse the Service to anyone for any reason at any time.
2. User Projects
At any given time, the number of your projects must not exceed the number of Subscribed Projects as purchased from ConstructCO2 and IBE Partnership through
your Subscription Account. Where your account is a Trial Account, it will enable you access to a real project – Vivian Park – so you can experience the reports and outputs as well our Test Project – where you can try and test the system as much as you wish.
You are responsible for maintaining the security of your account log-ins and passwords. ConstructCO2 and IBE Partnership will not be liable for any loss or damage from your failure to comply with this security obligation.
You shall not and shall not allow any employer, contractor or third party to use the Service for the purpose of being given access to the Service, that are not directly employed or related to the You.
3. Payments, Refunds, Increasing and Decreasing Projects
Once you sign up for a Subscription Account, You are agreeing to pay the required annual amount in full for making use of the Service.
IBE Partnership reserves the right to alter or add further available payment methods at any time. Failure of cleared payment being received may result in the suspension or termination of your account.
The date of ﬁrst sign up to a Subscription Account will be used to calculate the annual payment period. Each consecutive annual anniversary of that date will be used to calculate billing cycles.
Prices to the Service, are subject to change annually and upon 180 days notice. Such notice may be provided at any time by notiﬁcation to your account email address or by posting notiﬁcation within the Service itself.
4. Content Rules
You are responsible for all Content entered and all activity that occurs through any user log-in attached to your account.
ConstructCO2 and IBE Partnership does not pre-screen Content, but ConstructCO2 and IBE Partnership has the right (but not the obligation) in its sole discretion to refuse or remove any Content that is available via the Service.
We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property rights or these Terms and Conditions.
We claim no intellectual property rights over the Content you enter into the Service.
You must not use the Service to upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages in any format.
5. Technical Support
Technical support is only available via telephone and email.
ConstructCO2 and IBE Partnership will provide technical support to all Subscription and Trial Accounts.
In reporting a Support Case, You must provide ConstructCO2 and IBE Partnership with information of: (a) the function being sought to be performed at the time that the Support Case arose; (b) the form of manifestation of the Support Case (e.g. program or system 'freezing', program or system 'crash', error message, failure to execute function); (c) any error codes or messages appearing;
Upon receiving a Support Case, ConstructCO2 and IBE Partnership will: (a) log the Support Case and allocate a number to it; (b) advise You of the Support Case number
You must quote the Support Case number in any further communication with ConstructCO2 and IBE Partnership with respect to the Support Case.
You agree that where requested by ConstructCO2 and IBE Partnership, You will assist ConstructCO2 and IBE Partnership: (a) to replicate the circumstances in which the Support Case arose and seek to replicate the occurrence of the Support Case; and (b) in the identiﬁcation and diagnosis of any error or defect.
ConstructCO2 and IBE Partnership may utilise such employees and contractors as it deems appropriate in its absolute discretion in providing the technical support services.
Backups that ConstructCO2 and IBE Partnership perform are system-wide and undertaken for the purpose of a full system restore. Data cannot be separately restored for individual accounts.
ConstructCO2 and IBE Partnership will, from time to time, need to disrupt the Service for maintenance purposes. Where possible, we will endeavour to schedule this maintenance in time zones that coincide with the least disruption to the least amount of accounts, and give notiﬁcation where possible.
ConstructCO2 and IBE Partnership, in its absolute discretion, will determine the classiﬁcation and urgency of all Support Cases, and the priority in which Support Cases are resolved or closed.
ConstructCO2 and IBE Partnership reserves the right to close a Support Case for any reason, including but not limited to situations where the error cannot be replicated or resolved.
6. Intellectual property rights in the Service
Unless otherwise declared in writing and signed by ConstructCO2 and IBE Partnership, the title to and ownership of the Service (and all copies and portions thereof) and all applicable rights to patents, copyrights, trade marks, trade secrets and other intellectual property in the Service, modiﬁcations and derivative works, is permanently and irrevocably vested in IBE Partnership and shall remain with IBE Partnership notwithstanding the delivery of the Service to and use of the Service by You.
ConstructCO2 and IBE Partnership reserves all rights, copyright and ownership of the intellectual property embodied in the Service. This includes: (a) the right to modify, enhance or reengineer portions of the Service in subsequent releases; (b) the right to resell or allow subscription of copies of the Service to third parties; (c) the right to sell the intellectual property to a third party; (d) the right to use the Content anonymously in international/national reports/graphs and any other benchmarking outputs as it sees fit.
You shall not (and shall not allow any third party to): (a) translate, reverse engineer, decompile, disassemble or attempt to reconstruct or discover any source code or underlying ideas or algorithms of the Service by any means; (b) provide, sell, resell, rent, lease, licence, transfer or grant any rights in the Service, in full or in part, to or for the beneﬁt of third parties; (c) modify, incorporate into or with other software, or create a derivative work of any part of the Service; (d) reproduce, duplicate, or make any copies of the Service; (e) exploit any portion of the Service, use of the Service, or access to the Service.
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, ConstructCO2 and IBE Partnership, or any other ConstructCO2 and IBE Partnership product or service.
7. Disclosure of conﬁdential information
You shall not, without prior written approval of ConstructCO2 and IBE Partnership, disclose to any third party, any conﬁdential information of ConstructCO2 and IBE Partnership. Conﬁdential information is information which relates to ConstructCO2 and IBE Partnership 's ﬁnancial status, research, development, trade secrets or business affairs but does not include information which is generally known or easily ascertainable by the general public.
8. Guarantee and liability
You agree to use the Service at your own risk. The Service is provided on an "as is" and "as available" basis.
ConstructCO2 and IBE Partnership reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. ConstructCO2 and IBE Partnership shall not be liable for any losses to You or to any third party for any modiﬁcation, price change, suspension or discontinuance of the Service.
You expressly understand and agree that ConstructCO2 and IBE Partnership uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
You expressly understand and agree that the technical processing and transmission of the Service, including your Content, may be transfered unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices; and (c) You do not hold ConstructCO2 and IBE Partnership liable for any losses resulting from such technical processing, unencrypted transmissions, and changes to conform.
Except to the extent that the exclusion, restriction or modiﬁcation of certain conditions, warranties and rights is prohibited in the context of these Terms and Conditions by the Trade Practices Act 1974 (Cth) or any equivalent State or Territory legislation: (a) any conditions, warranties or rights implied to your beneﬁt by legislation, conduct or common business practice are hereby excluded to the maximum extent permissible; (b) You expressly understand and agree that ConstructCO2 and IBE Partnership shall not be liable for any pure economic loss, direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of proﬁts, goodwill, use, data or other intangible losses (even if ConstructCO2 and IBE Partnership has been advised of the possibility of such damages) howsoever arising, including but not limited to: (i) the use or the inability to use the Service; (ii) unauthorised access to or alteration of your transmissions or data; (iii) statements or conduct of any third party on the Service; (iv) the cost of procurement of substitute goods and services for any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (v) negligence; (vi) any other matter relating to the Service. (c) ConstructCO2 and IBE Partnership 's liability under the Terms and Conditions howsoever arising (including negligence) shall be limited to the amount You paid to ConstructCO2 and IBE Partnership for the use of the Service in the 1 (one) month immediately before the claim arose.
You acknowledge that the risk of computer viruses cannot be completely excluded and will not hold ConstructCO2 and IBE Partnership responsible for such risks or the consequences of such occurrences.
You acknowledge that the risk of loss of data from any cause related to the provision of the Service cannot be completely excluded and will not hold ConstructCO2 and IBE Partnership responsible for such risks or the consequences of such occurrences.
You must not transmit any worms or viruses or any code of a destructive nature. You agree to indemnify ConstructCO2 and IBE Partnership for all claims against it from any customer for all losses caused by viruses, worms or destructive code that was transmitted (either deliberately, negligently, or unknowingly) through your Account. You further agree that in such situation you are liable for ConstructCO2 and IBE Partnership 's own losses, including but not limited to consequential or pure economic losses.
9. Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. By way of illustration and not limitation, you agree to comply with all applicable laws and regulations (foreign and domestic) regarding the transmission of technical data exported from the United States or the country in which you reside.
In addition, the Services are subject to United States export controls. No part of the Services may be exported or re-exported into, or to a national or resident of, any country to which the U.S. has embargoed goods and/or services of the same type as the Services. By using the Services or any part thereof (including by downloading any Software), you represent and warrant that you are not located in, and you are not a national or resident of, any such country. Further, no part of the Services (including any Software) may be exported or re-exported to any person or entity appearing on the Office of Foreign Assets Control's Specially Designated Nationals and Blocked Persons List or the Bureau of Industry and Security's Denied Persons List. By using the Services or any part thereof (including by downloading any Software), you represent and warrant that you are not a person or entity or under the control of or affiliated with a person or entity that appears on any such list.
You agree to defend, indemnify and hold ConstructCO2 and IBE Partnership, and its affiliates, and each of its and their respective officers, directors, agents, co-branders, other partners, and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys' and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise), or investigation made by any third party (each a "Claim") due to or arising out of: your Content; the events listed on the Service; your use of, contribution to or connection with the Service; your violation of this TOS; and/or your violation of any rights of another. ConstructCO2 and IBE Partnership shall provide notice to you of any such Claim, provided that the failure or delay by ConstructCO2 and IBE Partnership in providing such notice shall not limit your obligations hereunder. ConstructCO2 and IBE Partnership reserves the right to assume the exclusive defence and control of any matter which is subject to indemnification under this Section, and in such case, you agree to cooperate with all reasonable requests in assisting ConstructCO2 and IBE Partnership’s defence of such matter.
11. Force Majeure
If a Force Majeure arises so as to wholly or partly prevent or delay ConstructCO2 and IBE Partnership providing the Service or technical support for the Service, ConstructCO2 and IBE Partnership: (a) may notify You (where practicable) of the Force Majeure, its likely duration and the period (in ConstructCO2 and IBE Partnership 's opinion) of any consequent delays or other relevant events, and the said dates will be so extended; and (b) shall not be liable to settle any strike, lockout or other labour difﬁculty on terms not reasonably acceptable to ConstructCO2 and IBE Partnership.
12. Cancellation and Termination
You may at any time cancel your account by writing to ConstructCO2 and IBE Partnership You are solely responsible for properly cancelling your account.
When your account is cancelled: (a) All of the log-ins and passwords attached to your account will immediately be disabled (b) All of your Content will remain and be frozen in the database of ConstructCO2 and IBE Partnership. This information can not be recovered once your account is cancelled. It is your sole responsibility to ensure You have record of any Content You require before cancelling your account. ConstructCO2 and IBE Partnership will not be held liable for any information that was lost due to the cancellation of an account.
If You cancel the Service before the end of your current paid up year, your cancellation will take effect immediately and you will not be charged again.
ConstructCO2 and IBE Partnership may terminate the provision to You of the Service or technical support of the Service: (a) by notice in writing if ConstructCO2 and IBE Partnership suffers an Insolvency Event; (b) by notice in writing if a Force Majeure event continues for an unbroken period of 30 days.
Your ability to access or use the Service will terminate automatically without notice from ConstructCO2 and IBE Partnership if You fail to comply with any of the Terms and Conditions. ConstructCO2 and IBE Partnership, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other ConstructCO2 and IBE Partnership service. Such termination of the Service will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all Content in your account.
Verbal, physical, written or other abuse (including threats of abuse or retribution) directed at any ConstructCO2 and IBE Partnership customer, employee, member, or ofﬁcer will result in immediate account termination.
13. Dispute resolutions
Any dispute or difference arising in accordance with these Terms and Conditions shall be submitted to mediation in accordance with and subject to the rules for the conduct of commercial mediation.
14. Trademark Information
The trademarks, service marks, and logos of ConstructCO2 and IBE Partnership used and displayed in connection with the Services are registered and unregistered trademarks or service marks of ConstructCO2 and IBE Partnership. Other company, product, and service names used in connection with the Services may be trademarks or service marks owned by third parties (the "Third Party Trademarks", and, collectively with ConstructCO2 and IBE Partnership Trademarks, the "Trademarks"). The offering of the Services shall not be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in connection with the Services without the prior written consent of ConstructCO2 and IBE Partnership specific for each such use. The Trademarks may not be used to disparage ConstructCO2 and IBE Partnership, any third party or ConstructCO2 and IBE Partnership’s or third party’s products or services, or in any manner (in ConstructCO2 and IBE Partnership’s sole judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any site is prohibited unless ConstructCO2 and IBE Partnership approves the establishment of such a link by prior written consent specific for each such link. All goodwill generated from the use of any ConstructCO2 and IBE Partnership Trademark shall inure to ConstructCO2 and IBE Partnership’s benefit.
The Services may provide, or third parties may provide, links to other Internet websites or resources. Because ConstructCO2 and IBE Partnership has no control over such websites and resources, you acknowledge and agree that ConstructCO2 and IBE Partnership is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such websites or resources. You further acknowledge and agree ConstructCO2 and IBE Partnership shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with any use of or reliance on any such Content, advertising, products, services or other materials available on or through any such website or resource.
16. Governing law
The Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales, without regard to its choice of law provisions. The courts of general jurisdiction located within England and Wales, will have exclusive jurisdiction over any and all disputes arising out of, relating to or concerning these Terms and Conditions.
Your subscription and account under the Service shall not be assignable by You without the prior written consent of ConstructCO2 and IBE Partnership. Where consent is granted by ConstructCO2 and IBE Partnership, the Terms and Conditions shall be binding upon your successors in title.
18. Whole agreement
The Terms and Conditions constitutes the entire agreement between You and ConstructCO2 and IBE Partnership and govern your use of the Service, superseding any prior agreements between You and ConstructCO2 and IBE Partnership (including, but not limited to, any prior versions of the Terms and Conditions). The failure of ConstructCO2 and IBE Partnership to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision.
If any provision of the Terms and Conditions shall be held to be invalid or in any way unenforceable, it shall be severed and the remaining provisions shall not in any way be affected or impaired and the Terms and Conditions shall be construed so as to most nearly give effect to ConstructCO2 and IBE Partnership 's intentions when the Terms and Conditions was written.
20. Dictionary in the Terms and Conditions:
'Content' means any data or ﬁles entered into or attached to an account by any user of that account;
'Force Majeure' means any event or condition not existing at the date of these Terms and Conditions, not reasonably foreseeable as of such date and not reasonably within the control of ConstructCO2 and IBE Partnership, which prevents in whole or in material part the performance of ConstructCO2 and IBE Partnership of its obligations hereunder or which renders the performance of such obligations so difﬁcult or costly as to make such performance commercially unreasonable, including (but not limited to): (a) war or warlike conditions, riot or civil commotion, terrorism, mobilisation, insurrections; (b) import or export bans blockades or embargoes; (c) statutory or union contract reductions in working hours, strike or lockout or other labour conﬂicts; (d) natural catastrophe, earthquakes, storms, ﬂoods, ﬁres, epidemics;
Insolvency Event' means in relation to a partnership or corporation, the happening of any of the following events to or in relation to that entity or in the case of: (a) a partnership - a person majority owned or controlled by that partnership; or (b) a corporation - any related body corporate of that corporation: the events being: (c) the person is or states that it is insolvent or unable to pay its debts as they fall due; (d) an order is made that the person be wound up; (e) a liquidator or provisional liquidator is appointed for the person, whether or not under an order; (f) a resolution is passed to appoint an ofﬁcial manager for the person; (g) except to reconstruct or amalgamate while solvent, the person does or proposes: (i) to enter into a scheme or arrangement or composition with, or assignment for the beneﬁt of, all or any class of its creditors; (ii) a re-organisation, moratorium or other administration involving all or any class of its creditors, members, owners or controllers; or (iii) to wind itself up or otherwise dissolve itself or is otherwise wound up or dissolved; (h) a receiver or receiver and manager is appointed; or (i) any act or event analogous, or having a substantially similar effect, to any of the events speciﬁed above occurs;
'IBE Partnership ' is a trading name of Improving the Build Environment LLP.;
'Subscription Account' means an account used to access the Service;
'Subscribed Projects' means the number of projects attached to a Subscription Account;
'Support Case' means any operational problem, bug, anomaly or enquiry pertaining to the usage of the Service;
'Trial Account' means a time-limited (30-day) account used to access the Service that does not attract a fee;
'User Log-in' means the log-in and password of any user attached to an account which is used to access the Service;
'You' means collectively the primary account holder, all users attached to that account, and in the case of Subscription Accounts, the person responsible for payment of the subscription, whether natural persons, corporations or any other legal entities.
Last updated: 8th May 2011