Terms and Conditions applicable to a ‘seller’ of service using Compare Carbon Limited’s website, http://www.comparecarbonoffsets.co.uk

These terms and conditions are the contract between you and http://www.comparecarbonoffsets.co.uk (“us”, “we”, etc). By visiting or using Our Website, you agree to be bound by them.

http://www.comparecarbonoffsets.co.uk is a trade name of Compare Carbon Limited registered in England, whose registered office is at 16 Parkey Cottages, Clyst St George, Exeter, Devon, EX3 0NZ.

1.            Definitions

2.            Our contract

• The relationship between us is solely that:
  • in no consideration of a fee charged by us, we provide for you an Internet market place as an arm’s length contractor;
  • we act as your agent solely in the collection of money paid by your customer;
  • we are not your partners or joint venturers.
• When you are placed as a Provider Service for sale on Our Website, you do so subject to these terms.
• When you are places as a Provider Service on Our Website, you will be bound to provide all the information required by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
• We may change this agreement in any way at any time. The version applicable to your contract is the version which was Posted on Our Website at the time that the contract was made.
• Although we are not a party to your contract with a buyer introduced to you via Our Website, we shall remove Your Services from offer if a customer or Our Website visitor has a valid complaint against you.
• Subject to this agreement and to the procedures set out in Our Website, you may be entered as a Provider Service for sale through Our Website.

3.            The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“the Regulations”)

• You authorise us to take any action that may reasonably be required from time to time, to protect your interests and ours in connection with a breach or possible breach of the Regulations.
• Because we are not your agents except to market Your Service, all your obligations under the Regulations must be fulfilled by you. That means any information you provide to us by email or upload into Our Website must be clear, sufficient and complete, to comply with the Regulations.
• We will also provide regulatory information relating to commencement and cancellation. We expect you to comply with those terms unless Your Services, or your business model, require different terms. The terms on Our Website will be communicated only as information to the buyer and not as contract terms.
• Because every reference to Provider Service of yours, made by you or by us, may be treated by a consumer as contractual, you agree:
  • to make clear any contractual term in content placed on Our Website, which may be different from any term on Our Website.
  • There may be times when content on your website will contradict content on Our Website due to timing up dating prices on Our Website.

4.            Your Provider Service placement

You agree:

• not knowingly to advertise and or offer any Provider Service for sale which is not of merchantable quality or which requires for its setup or use a level of technical expertise which is not fully explained to a customer before purchase.
• immediately to remove from sale on Our Website any Provider Service which for any reason, you are unable to supply.

5.            Complaints about Provider Services

You agree that you will at all times:

• reply promptly and in any event within [48 hours] to any customer message or other correspondence;
• comply with the law relating to all aspects of the contract between you and your customer, relating in particular to your obligations to provide full information and accept cancellation and returns. However, you may also offer more favourable terms to your customers as per your own returns and refunds policy set out on your website or otherwise in your terms and conditions;
• when you have an obligation to return money to a customer for any reason, you will do so immediately in line with the cancellation and refunds policy set out on Our Website;
• comply with the comparecarbonoffsets.co.uk procedures relating to satisfaction of an order, as set out on Our Website from time to time;
• Please provide information to us in respect of any claim for non-supply and any dispute as to payment, so as to enable us to identify the possibility of fraud.

6.            The selling procedure

• comparecarbonoffsets.co.uk is not responsible for the fulfilment of your contract to sell to a third party purchaser.
• Your contract with a buyer through Our Website is made when you acknowledge the order or commence Your Service. Until that time, the customer’s action is an “invitation to treat”. We have arranged our terms with buyers in that way so as to give you the opportunity to decline a buyer or provide the full information required by the Regulations.
• Provider Services may be offered for sale subject to any discount or promotion advertised and/or arranged between comparecarbonoffsets.co.uk and you.
• Subject to discounts and promotions, Provider Services are offered for sale at a fixed price. VAT may be due and will be either included in the price or shown separately. If not shown, it will not be charged.
• Provider Services will be offered for sale and sales made, subject to the terms and conditions applicable to buyers. You accept and endorse these terms and agree to comply in all respects with the corresponding obligations of a Provider. You may view the buyer’s conditions on Our Website at any time.

7.            Value added Tax

• Fees and commissions specified in Our Website are exclusive of VAT.
• If you are located in the UK, we will show and retain the amount of VAT due on our charge for our services in addition to the amount of commission due to us.
• If you are located in the UK, and you provide a valid UK VAT registration number, we will not charge or deduct VAT from sums due to you.
• comparecarbonoffsets.co.uk has the right to demand additional information about your business so far as it may affect your VAT registration, at any time, from you or from a governmental authority.

8.            Our commission and payment to you

• We list Your Service at the price advertised by you, subject to these terms and the requirements we set out on Our Website from time to time.
• We hold the right to advertise third party products and services on Our Website. These may or may not be paid for advertising.
• Our fees and commissions are payable on demand. You irrevocably authorise us to invoice for services provided.
• Our Website listing system is an automated system.
• Where our commission is based on a percentage of the sale price, you may not artificially inflate the delivery charge and reduce the price of the Provider Service in order to reduce our commission. If we believe that you do so, we may immediately cease to deal with you.
• Where our fee is based on pay per click values, you may not alter these values. If we believe that you do so, we may immediately cease to deal with you.
• We will pay you within 30 working days of confirmed order.
• If you have a bank account located in the UK, we will transfer money via the internet, in full.
• If you do not have an account in the UK, we will transfer money in any sum at your request and at your cost. We will pay for the transfer if the sum due is over the limit specified from time to time on Our Website.
• We will send you an invoice for our charges.
• If we do or could earn interest on any cash balance in our control for the period between payment by a customer and our accounting to you, we are free to keep that interest and have no obligation to account for it to you.
• If you or we accept any cancellation and consequently refund money to a customer, we are not obliged to repay fees or commission to you.
• If in our discretion we believe that your performance as a Provider results in a significant number of charges back and / or buyer disputes or if we believe you are in breach of this agreement, we are free to hold back payments to you until we are satisfied that disputes have been settled and / or breach rectified.

9.            Advertising of a Provider Service

When you are listed on Our Website to advertise, market or promote Your Service, the following conditions apply.

• We may use the services of a specialist internet marketing business associated with http://www.comparecarbonoffsets.co.uk.
• Without prior consent of the other; neither we nor you will contract with any other person or company for specialist services. Here your obligation is limited to the extent of the price advertised.
• The price charged by you on Our Website may not represent the most up to date price listed on your website due to timing differences.
• We give no guarantee as to the success of any advertising placed.
• We shall receive no secret commission on advertising services. But note that the service supplier is associated with us.

10.       Your Provider Service warranties

• You warrant that any Provider Service placed on Our Website for sale:
  • is not: illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to any third party;
  • does not offend against the law of any country whose citizens might purchase it;
  • is not intended primarily to advertise any business, except your business, so far only as it is carried on through http://www.comparecarbonoffsets.co.uk.
• You warrant that you own the copyright of any Provider Service placed on Our Website for sale, or that you have the permission of the copyright owner:
  • to be the Provider Service on Our Website for sale;
  • to defend the copyright in the Provider Service.

11.       How we handle your Content

• Any of your Content within any public area of Our Website becomes available in the public domain. We have no control over who sees it or what anyone does with it.
• Posting Content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
• You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.
• You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
• Please notify us of any security breach or unauthorised use of your content.

12.       Restrictions on what will be Posted to Our Website

We will Post Content to Our Website for marketing of your services. We have to regulate the use of Our Website to protect our business and our staff, to protect other users of Our Website and to comply with the law.

We do not undertake to moderate or check any item Posted.

You agree that you will not use or allow anyone else to use Our Website to Post Content or undertake any activity which is or may:

• be unlawful, or tend to incite another person to commit a crime;
• be obscene, offensive, threatening, violent, malicious or defamatory;
• be sexually explicit or pornographic;
• be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
• use a Posting to solicit responses unconnected with the purpose of Our Website or the terms proposed by this agreement;

13.       Your Posting: restricted Content

In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.

In addition to the restrictions set out above, a Posting must not contain:

• hyperlinks, other than those specifically authorised by us;
• keywords or words repeated, which are irrelevant to the Content Posted.
• the name, logo or trademark of any organisation other than yours.
• inaccurate, false, or misleading information;
• material or links to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone under 18 years old.

14.       Security of Our Website

If you violate Our Website we shall take legal action against you.

You now agree that you will not, and will not allow any other person to:

• modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
• link to Our Website in any way that would cause the appearance or presentation of Our Website to be different from what would be seen by a user who accessed Our Website by typing the URL into a standard browser;
• download any part of Our Website, without our express written consent;
• collect or use any service listings, descriptions, or prices;
• collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
• aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of Our Services;
• share with a third party any login credentials to Our Website;

15.       Copyright and other intellectual property rights

• All Content on Our Website, for example page text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of either us or our affiliates or suppliers of services for sale. It is all protected by international copyright laws.
• You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as is expressly permitted in this agreement or with our written consent.
• For the sake of good order you should note that copyright exists in compilations and graphic images, shapes and styles, as well as in raw text.

16.       Interruption to Our Service

• We give no warranty that Our Service will be satisfactory to you.
• We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of Our Service for repairs, maintenance or other good reasons. We may do so without telling you first.
• You acknowledge that Our Service may also be interrupted for reasons beyond our control.
• You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to Our Service.

17.       Our disclaimers

• We are not responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss whatever.
• Our Website contains links to other Internet websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the content of any such linked website, nor for any loss or damage arising from your use of any such website.
• We are not liable in any circumstances for damages resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website.
• comparecarbonoffsets.co.uk website and www.comparecarbonoffsets.co.uk services are provided “as is”. As to Our Website and Our Services, we make no representation or warranty of any kind, express or implied, including, without limitations, warranties:
  • as to fitness of Our Website and Our Service for a particular purpose;
  • as to availability and accessibility, without interruption, or without error;
  • any obligation, liability, or remedy in tort whether or not arising from our negligence;
• You now expressly release us from any and all claims and liability known and unknown, arising in any way from a dispute between you and a buyer.

18.       Your indemnity to us

You agree to indemnify us against all loss and expense, including legal fees and management time related in any way to:

• a claim by any person in respect of any Provider Service;
• any cost to us arising from a decision by us to comply as your agent, with any obligation of yours, whether or not we have your permission, arising out of any regulation or law, including:
  • the deletion or amendment of any text or other content placed on Our Website;
  • any payment we make on an ex gratia basis, arising from a contract between you and a customer;
• legal or other fees we incur in defending a claim or the imposition of a fine or penalty;
• our management time in dealing with any failure or alleged failure by you to comply with any relevant regulation or law.

19.       Data Protection Act 2018 Compliance

• Your own personal data will be held and processed by us in the ways set out in our privacy policy at [Link]
• Insofar as we process personal and other data of the buyers or other person with whom you interact in the course of your business following terms apply:
  • to satisfy your legal obligations and ours, we will agree to comply with the provisions of the Schedule.
  • those obligations shall continue to apply after expiry or termination of this agreement for any reason.

20.       Miscellaneous matters

• You undertake to provide us your current land address, e-mail address and telephone number as often as they are changed together with all information that we may require to enable us to fulfil our obligations under this contract.
• So far as any time, date or period is mentioned in this agreement, time shall be of the essence.
• If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
• If you are in breach of any term of this agreement, we may:
  • terminate your account and refuse access to Our Website;
  • remove or edit Content, or cancel any order at our discretion;
  • issue a claim in any court.
• Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
• No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
• When you visit Our Website or send messages to us by email, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on Our Website. You agree that all our electronic communications satisfy any legal requirement that such communications be in writing.
• Any communication to be served on either of us by the other shall be delivered by hand or sent by first class post or recorded delivery.

• In the event of a dispute between us, then, if we so ask, you undertake to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
• This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise, except that any provision in this agreement which excludes or restricts the liability of our directors, officers, employees, subcontractors, agents and affiliated companies, may be enforced under that Act.
• We shall not be liable for any failure or delay in our performance of this agreement which is caused by circumstances beyond our reasonable control.
• In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
• The validity, construction and performance of this agreement shall be governed by the laws of England and Wales, and you agree that any dispute arising from it shall be litigated only in that country.

Schedule: Data Protection Act 2018 Compliance

1.            Definitions

In this Schedule, the following words shall have the following meanings:

“data controller”, “data processor”, “sub-processor”, “data subjects”, “personal data”, “process”, “processed” and “processing” shall have the meanings respectively, as defined in the Act.

In this agreement, “personal data”, is limited to data which comes into our hands in some way connected to this agreement.

2.            Data Protection

• The obligations described in this Schedule are in addition to our obligations under the Data Protection Legislation.
• To enable us to provide the Services under this agreement, you authorise us to process personal data on your behalf.
• We both agree that you and your Associates are data controllers, and we are your data processor in relation to personal data.
• Details of the anticipated processing activities are set out at Appendix 1 to this Schedule.

3.            How we shall process data

We shall at all times comply with the provisions and obligations imposed by the Data Protection Legislation and, in particular, shall:

• process personal data only to the extent necessary to provide the Services;
• ensure that every person processing personal data under this agreement does so strictly on a need-to-know basis, has received training on their obligations relating to handling of personal data and is bound by confidentiality obligations no less stringent than our confidentiality obligations under this agreement;
• in order to use commonly accepted international communications and money transfer protocols, it will be necessary to use sub-contractors for certain service provision. We shall not necessarily be aware of the identity of every organisation involved in the train of communications. When that happens, we accept full responsibility for our compliance with the Data Protection Legislation.
• subject to the exceptions mentioned in the last previous sub-paragraph, we will not use subcontractors for personal data processing under this agreement without your prior written consent.
• wherever possible, enter into a written contract with each such sub-processor, which includes the same obligations on the sub-processor as those imposed on us by You under this agreement.
• subject to the other provisions of this Schedule, not process personal data or permit any third party to process personal data outside of the United Kingdom unless:
  • UK standard contractual clauses approved by the ICO are entered into between you or your relevant Associate as data exporter, and the relevant recipient of the personal data as data importer; or
  • the recipient of the personal data has entered into a data processing agreement with you; or
  • the recipient of the personal data is regulated within the United States of America solely by the U.S. Department of Commerce, is certified under the UK/US Privacy Shield framework, and continues to be certified for the period within which it processes the personal data; or
  • the recipient of the personal data has entered into binding corporate rules, which are valid in respect of the processing of personal data under this agreement and have been approved by the ICO; or
  • the transfer is to a recipient located within a jurisdiction whose law relating to the processing of personal data has been approved by the ICO (subject to any applicable restrictions).
• have in place at all times appropriate technical and organisational measures to ensure a level of security appropriate to the risk presented by processing the personal data, to prevent accidental, unauthorised or unlawful destruction, loss, alteration, or access to personal data, including as a minimum whatever security measures you notify and instruct us to use. Examples of such measures are:
  • the pseudonymisation and encryption of personal data;
  • the ability to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services; and
  • a process for regularly testing, assessing and evaluating the effectiveness of technical and organisational measures for ensuring the security of processing;
• maintain a written record of all categories of processing activities carried out on your behalf and when you ask, copy it to you. The record shall contain:
  • Our name and contact details and (where applicable) those of our approved sub-processors and details of their respective data protection officers;
  • the categories of personal data, data subjects and processing activities carried out on behalf of you and your Associates;
  • where applicable, transfers of personal data to a third country (i.e. non-EU Member State) or an international organisation, including identification of that third country and documentation evidencing implementation of suitable safeguards; and
  • a general description of the technical and organisational security measures we have installed as referred to in Section 56 of the Act;
• when you ask, give to you or to the ICO, access to our employees, data processing facilities, procedures, and records to inspect and audit compliance with the Data Protection Legislation and the terms of this agreement. We shall (and shall ensure any sub-processor shall) give all reasonable cooperation and assistance.
• immediately tell you (and in any event within 24 hours) after becoming aware of any actual or suspected unlawful destruction, loss, alteration, disclosure of, or access to, personal data transmitted, stored or otherwise processed by you or any sub-processor under this agreement;
• provide reasonable assistance to you in:
  • responding to data subject’s requests to exercise their rights under the Act;
  • responding to communications received from the ICO relating to the processing of personal data under this agreement, including notifying You immediately of any such communication;
  • taking measures to address data security incidents, including, where appropriate, measures to mitigate their possible adverse effects;
  • promptly upon your request, transfer personal data to a third party in compliance with a request from a data subject to exercise their right to data portability;
  • make available to you on request all information necessary to demonstrate compliance with the obligations set out in this Schedule.

4.            Warranty and acceptance of liability

• We represent and warrant that the information provided in any response to any request by you shall be complete, true and accurate, and will not misrepresent our business or practices in respect of our ability to comply with the Data Protection Legislation and our obligations under this agreement.
• If any act or omission of ours or our sub-processors results in data transmitted or processed under this agreement being lost or degraded so as to be unusable, then we shall be liable to you for the cost of reconstituting the data and/or yours and your Associate’s costs in recreating such data

Appendix 1 to Schedule

Data Processing Activities

What we or you may process in each category

1. We shall process this basic personal data
   • Name
   • Address
   • Email address
   • Telephone number
   • Technical information relating to electronic communication, which is personal information only when associated with the name or identity of the data subject.
2. We shall process the data of these data subjects

Data of buyers, so far as their data is required in order to satisfy our obligations under this contract and comply with the Data Protection Legislation.

3. This is why and how we shall process personal data
   • Our processing of personal data will be limited to such activity as is reasonably required to satisfy our obligations under this contract.
   • We shall not make contact with any data subject nor seek additional data from any other source.
4. Retention period
   • We may retain personal data, along with much other data, for six years, for these reasons:
     • for accounting and taxation purposes;
     • to provide evidence if required in connection with a legal claim;
     • for any other reason where the law provides a six years limitation period;
   • If any event occurs which requires us lawfully to continue to retain data beyond that period, then we may do so.

Terms and Conditions applicable to a ‘buyer’ of Services using www.comparecarbonoffsets.co.uk

These terms and conditions are the contract between you and http://www.comparecarbonoffsets.co.uk (“us”, “we”, etc). By visiting or using Our Website, you agree to be bound by them. Our suppliers may also impose additional terms and conditions to which your contract with them will be subject.

http://www.comparecarbonoffsets.co.uk is a trade name of Compare Carbon Limited incorporated in England, whose address is at 16 Parkey Cottages, Clyst St George, Exeter, Devon, EX3 0NZ.

Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website and stop using Our Website or the services immediately.

1.            Definitions

2.            Our contract

• comparecarbonoffsets.co.uk is neither a buyer nor provider of Services offered for sale. We are neither a principal nor agent in a buying transaction.
• comparecarbonoffsets.co.uk is a marketplace. We are agents of a Provider only to the extent of use of Our Website as a platform for sale of his Service.
• We welcome any comment or complaint about a Provider, which you make through Our Website. We may act upon a complaint in our discretion, for the benefit of the body of comparecarbonoffsets.co.uk members.
• We are not responsible for supply of any Service you order or for the cancellation and refund procedure should you decide to cancel a Service for any reason.
• We are not responsible to you.
• These terms and conditions regulate the business relationship between you and us. By using Our Website free of charge, you agree to be bound by them.
• We provide a market place for the supply of Services. We are in no way responsible for:
  • your locating and ordering a Service;
  • your choice of a Service;
  • any aspect of the provision of the Service;
  • refund payment for any Service;
  • any complaint about any Service.
• In any dispute with a Provider, you should deal only with the Provider. We have neither legal obligation nor detailed information about the Services.
• We may change this agreement in any way at any time. The version applicable to your contract is the version which was Posted on Our Website at the time that the contract was made.

3.            Your account and personal information

• When you visit Our Website, you accept responsibility for any action done by any person using your name, account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
• You agree that you have provided accurate, up to date, and complete information about yourself. We are not responsible for any error made as a result of such information being inaccurate.
• You agree to notify us of any changes in your information immediately it occurs. If you do not do so, we may terminate your account.

4.            The buying procedure

• Unless it is clear to the contrary, you may assume that every sale is made by the Provider in the course of his business.
• Prices listed on Our Website by Providers are inclusive of any applicable sales tax.
• Services may be offered for sale subject to any discount or promotion arranged between comparecarbonoffsets.co.uk and the Provider.
• Subject to discounts and promotions, Services are offered for sale at a fixed price. VAT may be due and will be either included in the price or shown separately.
• Services will be provided at the times and places specified in the website or otherwise in terms and conditions of each Provider.
• Once you have made order to purchase a Service through Our Website, the price maybe subject to change.
• Neither we nor the Provider can be responsible for action by any governmental authority. We do not know and are not responsible for duties, taxes, delays or impounding of any item.
• You are required to pay in the currency in which the Service is listed for sale on Our Website.
• Every sale will be subject to the laws applicable but there shall not be implied any right which is neither a legal right nor set down in these terms and conditions.
• For security purposes (yours and ours) we will not permit more than a maximum number of transactions with you in a given period of time.
• To make future use of Our Website easier and faster for you, we will retain the personal and delivery information you give to us. We will not retain information relating to your payment or credit card. This financial information never comes into our control. The information is given into a page which is in reality a page of our payment service provider. For detailed about disclosure of personal information please see our privacy notice.

5.            Security of your debit and credit cards

We take care to make Our Website safe for you to use.

• Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.

6.            The www.comparecarbonoffsets.co.uk guarantee

• To give you the utmost confidence in the comparecarbonoffsets.co.uk buying experience, we note:
• If the Provider fails within a reasonable time, to supply a Service for which you have paid, or supplies a Service which is substantially different from what you ordered, we are not responsible for any refunds.
• The guarantee set out in this paragraph is non contractual. We shall operate it at our sole discretion.

7.            How we handle your Content

• Our privacy policy is strong and precise. It complies fully with the Data Protection Act 2018 which is at [link to privacy policy].
• If you Post Content to any public area of Our Website it becomes available in the public domains. We have no control over who sees it or what anyone does with it.
• Even if access to your text is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.
• Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
• You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you;
• You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
• Please notify us of any security breach or unauthorised use of your account.

8.            Restrictions on what you may Post to Our Website

We invite you to Post Content to Our Website in several ways and for different purposes. We have to regulate your use of Our Website to protect our business and our staff, to protect other Users of Our Website and to comply with the law. These provisions apply to all Users of Our Website.

We do not undertake to moderate or check every item Posted, but we do protect our business vigorously. If we believe Content Posted breaches the law, we shall co-operate fully with the law enforcement authorities in whatever ways we can.

You agree that you will not use or allow anyone else to use Our Website to Post Content or undertake any activity which is or may:

• be unlawful, or tend to incite another person to commit a crime;
• consist in commercial audio, video or music files;
• be obscene, offensive, threatening, violent, malicious or defamatory;
• be sexually explicit or pornographic;
• be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
• use a Posting to solicit responses unconnected with the purpose of Our Website or the terms proposed by this agreement;
• request or collect passwords or other personal information from another user without his permission, nor Post any unnecessary personal information about yourself;
• be used to sell any goods or services or for any other commercial use not intended by us, for yourself or for any other person. Examples are: sending private messages with a commercial purpose, or collecting information with the intention of passing it to a third party for his commercial use;
• include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;
• facilitate the provision of unauthorised copies of another person’s copyright work;
• link to any of the material specified in this paragraph;
• use distribution lists that include people who have not given specific permission to be included in such distribution process;
• send age-inappropriate communications or Content to anyone under the age of 18.

9.            Your Posting: restricted content

In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.

In addition to the restrictions set out above, a Posting must not contain:

• hyperlinks, other than those specifically authorised by us;
• keywords or words repeated, which are irrelevant to the Content Posted.
• the name, logo or trademark of any organisation other than yours.
• inaccurate, false, or misleading information;

10.       Removal of offensive Content

• For the avoidance of doubt, this paragraph is addressed to any person who visits Our Website for any purpose.
• We are under no obligation to monitor or record the activity of any User of Our Website for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
• If you are offended by any Content, the following procedure applies:
  • your claim or complaint must be submitted to us in the form available on Our Website, or contain the same information as that requested in our form. It must be sent to us by post or email.
  • we shall remove the offending Content as soon as we are reasonably able;
  • after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
  • we may re-instate the Content about which you have complained or we may not.
• In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
• You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.

11.       Security of Our Website

• If you violate Our Website we shall take legal action against you.
• You now agree that you will not, and will not allow any other person to:
  • modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
  • link to our site in any way that would cause the appearance or presentation of Our Website to be different from what would be seen by a User who accessed Our Website by typing the URL into a standard browser;
  • download any part of Our Website, without our express written consent;
  • collect or use any product listings, descriptions, or prices;
  • collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
  • aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of the Services;
  • share with a third party any login credentials to Our Website;
• Despite the above terms, we now grant a licence to you to:
  • create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
  • you may copy the text of any page for your personal use in connection with the purpose of Our Website or a Service we provide.

12.       Copyright and other intellectual property rights

• All Content on Our Website, for example page text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of either us or our affiliates or suppliers of Services for sale. It is all protected by international copyright laws.
• You may not copy, or in any way exploit any of the content, except as is expressly permitted in this agreement or with our written consent. For the sake of good order you should note that copyright exists in compilations and graphic images, shapes and styles, as well as in raw text.

13.       Interruption to the www.comparecarbonoffsets.co.uk service

• We give no warranty that our service will be satisfactory to you.
• We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of our service for repairs, maintenance or other reason. We may do so without telling you first.
• You acknowledge that our service may also be interrupted for reasons beyond our control.
• You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to comparecarbonoffsets.co.uk service.

14.       Indemnity

You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising out of:

• your use of the comparecarbonoffsets.co.uk service;
• the breach or violation of this agreement by you;
• the infringement by you of any intellectual property or other right of any person or entity;
• your failure to comply with any law;
• a contractual claim arising from your use of Our Website and purchase of Service.

15.       Our disclaimers

• Our Website contains links to other Internet websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.
• We are not liable in any circumstances for special, indirect, consequential damages or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website.
• The comparecarbonoffsets.co.uk Website and www.comparecarbonoffsets.co.uk services are provided “as is”. We make no representation or warranty of any kind, express or implied, including, without limitation, any warranty that either of them will be:
  • of satisfactory quality;
  • fit for a particular purpose;
  • available or accessible, without interruption, or without error;

16.       Disclaimers about the Service

• All of the Content on Our Website relating to any Service has been provided by a Provider. We do not accept responsibility for the accuracy of any claim or advertisement.
• We make no representation, warranty or other provision with regard to the Services and you acknowledge that you do not rely on any made by us, but solely on your contract with a Provider.
• So far as concerns Services you purchase through Our Website, we are not liable for:
  • any Service complying with the requirement of any law or being available;
  • the Provider performing his contract;
• We give no warranty, representation or undertaking whatever as to the continuing business of a Provider or that any Service offered for sale by a Provider will be useful or suitable for you;
• We and the Provider can take any action that may reasonably be required from time to time, to protect his interests and ours in connection with a beach or possible breach of the Regulations.
• You now expressly release us from any and all claims and liability known and unknown, arising in any way from a dispute between you and a Provider.

17.       Dispute resolution

The following terms apply in the event of a dispute between the parties:

• If you are not happy with our services or have any complaint then you must tell us by email message to hello@comparecarbonoffsets.co.uk.
• If a dispute is not settled as set out above, we hope you will agree to attempt to resolve it by engaging in good faith with us in a process of mediation or arbitration.

18.       Miscellaneous matters

• If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
• If you are in breach of any term of this agreement, we may:
  • terminate your account and refuse access to Our Website;
  • remove or edit Content, or cancel any order at our discretion;
  • issue a claim in any court.
• Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
• No failure or delay by us to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
• When you visit Our Website or send messages to us by email, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on Our Website. You agree that all our electronic communications satisfy any legal requirement that such communications be in writing.
• Any communication to be served on either of the parties by the other shall be delivered by hand or sent by first class post or recorded delivery.

• This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise, except that any provision in this agreement which excludes or restricts the liability of our directors, officers, employees, subcontractors, agents and affiliated companies, may be enforced under that Act.
• We shall not be liable for any failure or delay in our performance of this agreement which is caused by circumstances beyond our reasonable control.
• In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
• The validity, construction and performance of this agreement shall be governed by the laws of England and Wales and you agree that any dispute arising from it shall be litigated only in that country.