Who we are and what this agreement does
By registering, we, Construction Carbon Ltd of 5th Floor, County Hall, SE1 7PB, London, license you to use:
By registering to use our platform (for free or on a paid subscription) you agree to abide by these terms of software use.
Subscription fee
If it has been agreed in a contract with us, you will subscribe to use Construction Carbon products in accordance with the pricing agreed.
You will pay the licence fee annually in advance. We reserve the right to cancel or suspend your subscription, including suspending access to any stored data if you fail to pay your subscription fees. There shall be no right to a refund of subscription and the subscription fees shall be payable even in the event of non-use of Construction Carbon or the Services by you.
Cancellation
You may cancel your use of Construction Carbon and the Services at any time upon [30] days’ notice. Upon cancellation, you will cease to be able to access Construction Carbon, the Services and any data you have saved on Construction Carbon.
Your privacy
Under data protection legislation, we are required to provide you with certain information including who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. You can find our data protection policy here.
Information that is shared with Construction Carbon
Construction Carbon will collect project level information and will use it for its own research, analytics, improvements to Construction Carbon, and such other purposes as we deem reasonably necessary or desirable to Construction Carbon. Any data shared will be anonymised unless permission has been granted in advance.
We take no responsibility for the data accuracy or quality, unless it has been independently verified by us. We take no responsibility for the applicability of benchmarks to specific projects.
Support for Construction Carbon and how to tell us about problems
If you want to learn more about Construction Carbon or the Service or have any problems using them please take a look at our support resources.
Contacting us (including with complaints) - If you think Construction Carbon or the Services are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at hello@constructioncarbon.com or call them on +44 (0) 1202 800552.
How we will communicate with you
If we have to contact you we will do so by email, using the contact details you have provided to us.
How you may use Construction Carbon, including how many devices you may use it on
In return for your agreeing to comply with these terms you may:
• Use any Documentation to support your permitted use of Construction Carbon and the Service.
• Receive and use any free supplementary software code or update of Construction Carbon incorporating "patches" and corrections of errors as we may provide to you.
Content you create using Construction Carbon
You own all data or other content you create using Construction Carbon (Your Content). You hereby grant to us a non-exclusive, irrevocable, licence to use Your Content for research, analytics, improvements to Construction Carbon, and such other purpose as we deem reasonably necessary or desirable to Construction Carbon.
You may not transfer Construction Carbon or the Service to someone else outside your organisation, whether for money, for anything else or for free. If you sell any device on which Construction Carbon is installed, you must remove Construction Carbon from it. You must not share your Construction Carbon password with any other person.
Changes to these terms
We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.
If you do not accept the notified changes you will not be permitted to continue to use Construction Carbon and the Service and you may apply for a refund, which will reflect the period Construction Carbon and the Service have been available to you prior to cancellation.
Errors, Inaccuracies and Omissions
Occasionally, there may be information on the Service that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information, if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Licence restrictions
You agree that you will:
• not rent, lease, sub-license, loan, provide, or otherwise make available, Construction Carbon or the Services in any form, in whole or in part to any person without prior written consent from us;
• not copy Construction Carbon, Documentation or Services, except as part of the normal use of Construction Carbon or where it is necessary for the purpose of back-up or operational security;
• not translate, merge, adapt, vary, alter or modify, the whole or any part of Construction Carbon, Documentation or Services nor permit Construction Carbon or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use Construction Carbon and the Services on devices as permitted in these terms;
• not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of Construction Carbon or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile Construction Carbon to obtain the information necessary to create an independent program that can be operated with Construction Carbon or with another program (Permitted Objective); and
• comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by Construction Carbon or any Service.
Acceptable use restrictions
You must:
• not use Construction Carbon or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into Construction Carbon, any Service or any operating system;
• not infringe our intellectual property rights or those of any third party in relation to your use of Construction Carbon or any Service, including by the submission of any material (to the extent that such use is not licensed by these terms);
• not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of Construction Carbon or any Service;
• not use Construction Carbon or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
• not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
Intellectual property rights
All intellectual property rights in Construction Carbon, the Documentation and the Services throughout the world belong to us (or our licensors) and the rights in Construction Carbon and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, Construction Carbon, the Documentation or the Services other than the right to use them in accordance with these terms. All intellectual property rights arising out of the data you create using Construction Carbon belong to you.
Our responsibility for loss or damage suffered by you
We are not liable for business losses. We will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Limitations to Construction Carbon and the Services. Although we make reasonable efforts to update the information provided by Construction Carbon and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
Availability of Construction Carbon and the Service.
We do not guarantee, represent or warranty that your use of Construction Carbon and the Service will be uninterrupted, timely, secure, or error free. You agree that from time to time, we may remove the Service or make Construction Carbon unavailable without notice to you. You expressly agree that your use of, or inability to use Construction Carbon is at your sole risk. Your use of Construction Carbon, the Service and Your Content is used/created entirely at your own risk, without any representation, warranties or conditions of any kind, whether express or implied, including any warranties or conditions of merchantability, merchantable quality, fitness for purpose, durability, title and non-infringement.
We may end your rights to use Construction Carbon and the Services if you breach these terms.
We may end your rights to use Construction Carbon and Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.
If we end your rights to use Construction Carbon and Services:
• You must stop all activities authorised by these terms, including your use of Construction Carbon and any Services.
• You must delete or remove Construction Carbon from all devices in your possession and immediately destroy all copies of Construction Carbon which you have and confirm to us that you have done this.
Indemnification
You agree to indemnify, defend and hold harmless us and our parents, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
We may transfer this agreement to someone else
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
You need our consent to transfer your rights to someone else
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
No rights for third parties
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
If a court finds part of this contract illegal, the rest will continue in force
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
Which laws apply to this contract and where you may bring legal proceedings
These terms are governed by the laws of the United Kingdom and you can bring legal proceedings in respect of the products in the United Kingdom courts.