Terms & Conditions

  1. Introduction
    1. 1.1 This Agreement is between you and carbon heroes Limited ("CH", "we" or "us").
    2. 1.2 This Agreement applies to your use of CH's websites (including http://www.carbonheroes.com), as well as other pages, information, software, services (including premium services defined in Clause 9) products and content which may be operated, hosted or managed by CH or its licensees including without limitation any journey matching service (“Services").
    3. 1.3 By using the Services as a casual visitor, or by completing the registration process to obtain and use an account name and password, you signify that you agree to this Agreement.
    4. 1.4 Please print and/or save a downloaded copy of this Agreement on your computer for your reference. The terms of this Agreement may be updated or additional terms may apply, from time to time. Each time you visit Services please look out for these notices of updates and when you see these read and print and/or save a downloaded copy.
  2. Personal Data
    1. 2.1 Personal Data is information that identifies you, including your name, home and email address billing information and any other information that you may provide to CH or CH may collect through your use of the Services ("Personal Data").
    2. 2.2 Your Personal Data will be collected, processed, stored and used by us, and passed to and processed by us and other data processors acting under our control, in order to provide the Services and in accordance with this Clause 2.
    3. 2.3 CH and any third parties acting under our control may use your Personal Data (including demographic data) to personalise the content, advertising and promotions you receive and our communications with you. CH may do this by finding out which advertisements you react to or the areas of the Services which you visit most frequently, or searches you perform when using the Services, and tailoring your experience accordingly. We may also process Personal Data relating to the transactions you enter into with us or our partners, such as online merchants.
    4. 2.4 We may also use cookies (small files of data which may be automatically stored on your computer's hard drive) when your web browser accesses certain web pages. Cookies enable us to provide a better service to you.
    5. 2.5 Your Personal Data may be disclosed if we or an entity processing your data on our behalf are compelled to do so by law, or receive a valid, legally compliant request by a law enforcement or governmental authority. If you provide us a third party's billing or payment card information, we may disclose your name and address, and data relating to payments made by that payment method, to such third parties.
    6. 2.6If you provide us with payment or billing information (such as a payment card number), you agree that we and our authorised data processors shall have the right to collect, store and process those details and any related Personal Data for the purpose of providing, maintaining, billing, fulfilment, monitoring usage of and making service improvements to the Services.
    7. 2.7 For an unlimited period after your use of the Services ceases we may retain any payment-related information, such as a payment card number, which you supply to us (but only in an anonymised form which does not enable us to identify the holder of that payment method), for fraud prevention purposes.
  3. Registration
    1. 3.1 Whilst your enjoyment of some of the Services does not require registration and can be accessed as a casual visitor, access to other Services requires completion of a simple registration process in order to obtain an account name and password.
    2. 3.2 We will open an account for you when you complete your registration ("Services Account"). You must provide complete and accurate information about yourself, and notify us to keep this information up to date. You must be at least 18 years old to register for a Services Account.
    3. 3.3 You will select (or we may assign to you) a master account name that will be identified with your Services Account ("Account Name").
    4. 3.4 You may not apply for an Account Name that is used by someone else, is vulgar, attempts to impersonate another person or violates the rights of others. We may reject any Account Name that we determine in our discretion is unacceptable for use on any of the Services. The Account Name remains the exclusive property of CH. CH provides you with a limited, revocable, non-exclusive licence to use your Account Name to access the Services.
    5. 3.5 You need to select a password to access your Services Account. Your password is the key that unlocks your Services Account. CH will never ask you for your password. You agree not to reveal your password to other users. Your Services Account is at risk if you let someone use it inappropriately. You agree to indemnify and hold CH harmless for any improper or illegal use of your Services Account, including illegal or improper use by a third party who has used your password to access your Services Account.
  4. Third Party Content available through Services
    1. 4.1 Through use of your Account Name you will be able to access a wide variety of enhanced content and services provided by CH through the Services. You may also be able to access content and services provided by third parties ("Third Party Content"). CH is not responsible for Third Party Content. Any issues or disputes relating to Third Party Content should be taken up directly with the applicable third party. Any dealings that you have with advertisers on the Services are between you and the advertiser and you acknowledge and agree that we are not liable for any loss or claim you may have against any advertiser.
  5. Inactive Status
    1. 5.1 In addition to the termination rights that we have under this Agreement, we reserve the right to deactivate your Services Account if it has been inactive for more than a consecutive period of 90 days or more. This means you must use your Services Account regularly such as by logging into an Services with your Account name in order to keep your Account active. If we deactivate your Services Account, we have the right to reassign the Account Name which you used to access the Services Account.
  6. Your Responsibilities
    1. 6.1.You are responsible for compliance with this Agreement in your use of Services, whether you access as a casual visitor or by using an Account Name. You may use Services for lawful purposes only. You may not submit, download or transmit any material (including User Generated Content, as defined below in Clause 11.1), or otherwise engage in any conduct that:
      1. 6.1.1 breaches any third party's rights including, without limitation, copyright, patent rights, trade mark rights, performer's rights, rights of confidence;
      2. 6.1.2 is unlawful, offensive, threatening, abusive, harassing, defamatory, deceptive, fraudulent, invasive of another's privacy, tortious, or contains explicit or graphic descriptions, or accounts of, sexual acts;
      3. 6.1.3 victimises, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
      4. 6.1.4 impersonates any person, business or entity, including CH and its employees and agents;
      5. 6.1.5 contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorised use of or access to a computer or computer network;
      6. 6.1.6 encourages conduct that would constitute a criminal offence, or that gives rise to civil liability;
      7. 6.1.7 promotes or sells prohibited items such as lotteries, betting or wagering activities, ammunition, firearms, tobacco, alcohol, adult products and services, and explosives;
      8. 6.1.8 violates this Agreement, acceptable usage guidelines or any policy posted on the Services; or
      9. 6.1.9 unjustifiably interferes with the use of Services by others.
    2. 6.2 You may not use the Services in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Services. You may not attempt to gain unauthorised access to the Services, user accounts, computer systems or networks, through hacking, password mining or any other means. We may use any legal and technical remedies available to us to prevent any breach or enforce this Agreement.
    3. 6.3 In relation to the journey match aspects of the Services, you must exercise caution and satisfy yourself that any person with whom you decide to travel, is safe and suitable.
    4. 6.4 In particular, we do not and cannot verify that any person is lawfully entitled to drive their vehicle and that such vehicle is roadworthy, driven with valid insurance and an MOT. We recommend that you take appropriate steps to verify that any person is lawfully entitled to drive their vehicle and that such vehicle is roadworthy, being driven with valid insurance and an MOT.
  7. Changes to the Services
    1. 7.1 We may change or discontinue the Services at any time without notice. We may impose general operating rules for the Services. For example, we may establish limits on storing, uploading or downloading any data or impose "time outs" if you are idle on a particular Service.
  8. No Spam
    1. 8.1 You may not use any of the Services or communication tools to transmit, directly or indirectly, any unsolicited bulk communications (including emails and instant messages). You may not harvest information about users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. We may use any legal or technical remedies available to us to prevent unsolicited bulk communications from entering, utilising, or remaining within networks.
  9. Premium Services
    1. 9.1 We may offer premium Services for a fee ("Premium Services"). Payment terms and any other terms applying to your use of such Premium Services which are in addition to those set out in this Agreement will be disclosed to you at the time you sign up for a Premium Service.
  10. Access Costs
    1. 10.1 You must provide at your own expense the equipment and internet connection that you will need to access the Services. Those costs are in addition to any fees you pay if you elect to subscribe to any Premium Services.
  11. Content
    1. 11.1 Certain aspects of the Services may allow you to post text, messages, images, audio and video, software and/or other information ("User Generated Content") that can be accessed and viewed by others.
    2. 11.2 You may not post User Generated Content that violates this Agreement or any other terms governing usage of the Services. We do not claim ownership of any User Generated Content that you may post. However, by submitting User Generated Content to public areas of the Services, you grant us and our affiliates on a perpetual basis a non-exclusive, royalty-free licence to use, copy, display, perform, distribute, adapt and promote the User Generated Content in any medium and you agree that we may sub-license the User Generated Content to third parties.
    3. 11.3 We have no duty to pre-screen User Generated Content, but reserve the right to remove such content if in our absolute discretion it contravenes this Agreement or any other requirements governing the posting of such content. If you are the subject matter of User Generated Content which you consider to be contrary to Clause 6.1, please contact us and we will consider its removal pursuant to this Clause 11.3.
    4. 11.4 The copyright in all content on the Services, except User Generated Content, ("CH Web Content") is the property of CH and/or its licensors. You may only use CH Web Content for personal, non-commercial purposes and in accordance with any additional terms and conditions which you may be notified of in relation to specific CH Web Content. You may not circumvent any mechanisms for preventing the unauthorised reproduction or distribution of CH Web Content.
  12. Software
    1. 12.1 We or our licensors may provide you with software to use with the Services ("Software"). Such Software will be subject to the terms of any licence agreement that accompanies the Software and to the terms of this Services Agreement. If there is no licence agreement presented to you with the Software, then we and our licensors grant you a personal, non-exclusive, non-transferable, limited licence to install the Software on any single computer or device from which you wish to access and use the Services. Such Software is protected by copyright and other intellectual property laws and treaties, and is owned by us, our affiliates or licensors. You may not sell or redistribute the Software. You may not incorporate it or any portion of it into another product. You may not reverse engineer, decompile or disassemble the Software or otherwise attempt to derive its source code except where and to the extent expressly permitted by law. You may not modify, adapt or create derivative works from the Software in any way or remove proprietary notices in the Software. You agree to abide by all laws and regulations in effect regarding your use of the Software and the Services.
    2. 12.2 We may automatically check your version of any Software and automatically update it. We are under no obligation to provide you with any support, error corrections, updates, upgrades, bug fixes and/or enhancements of any Software, although we reserve the right to do so. We do not warrant that any Software which we may provide you with will interoperate with any software or device in a way which is satisfactory. You warrant that you will use any Software which may provide you with in accordance with this Agreement and that you will not use the Software to violate any law, regulation or right of any third party.
  13. Our Liability to You
    1. 13.1 The Services are provided without warranties of any kind and your use of Services is at your sole risk.
    2. 13.2 CH will, use reasonable skill and care to provide and maintain the availability of Services. CH and its affiliates expressly exclude any warranty, representation or undertaking that you will be able to access or use the Services at times or locations of your choosing. CH depends upon third parties over which it may have little or no control for the delivery of the Services (for example, to deliver emails sent to and from internet addresses). CH is not liable for deletion, corruption or failure to store any email messages or other content. CH does not warrant that the Services will be free from any virus, worm, Trojan horse or other program or device that is apparently intended to access and modify, delete or damage data files or computer programs.
    3. 13.3 The Services are consumer services and not designed to be used by you in connection with the conduct of your, or your employers' or contractors', commercial activities. If you choose to do so, it is entirely at your own, and your employer's or contractor's, risk.
    4. 13.4 CH shall not be liable for any loss not reasonably foreseeable by CH when this Agreement is entered into, nor for any loss of data, profit, revenue or business or wasted expenditure, howsoever caused, arising from your use of the Services or for any other claim related in any way to your relationship with CH. CH does not endorse, warrant or guarantee any product or service offered by a third party, and will not be a party to, or responsible for monitoring, any transaction between you and such a third party. We shall not be liable for any failure or delay in performance of our obligations under this Agreement caused by matters beyond our reasonable control.
    5. 13.5 Without limiting the above paragraph (and except for CH's liability for death or personal injury caused by its negligence, for which CH's liability shall be unlimited), the liability of CH under or in connection with this Agreement or your use of the Services (whether arising in negligence or otherwise) will not under any circumstances exceed £500, regardless of the cause or form of action.
    6. 13.6 Your statutory rights are unaffected.
  14. Indemnification
    1. 14.1 You agree to defend and indemnify harmless CH against all liabilities, claims and expenses, including reasonable legal fees that arise from any breach of this Agreement or any infringement of third party intellectual property or other rights for which you are responsible. CH reserves the right, at its own expense, to assume the exclusive defence and control of any matter subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification for CH in that matter.
  15. Termination
    1. 15.1 Save as otherwise expressly provided in any additional terms governing the use of specific Services (for example Premium Services), we do not charge you for use of Services, and as a consequence, we may cancel or suspend use of Services at any time, without cause and without notice.
    2. 15.2 Your right to use the Services and your Account Name may end once your account is terminated and any data you have stored on the Services may no longer be available to you. It is therefore important you maintain your own archive copies of any data that is valuable to you. If you have subscribed to any Premium Services or other products or services for which payment is necessary, you remain responsible for paying any amounts owed on your account at the time your Premium Service and/or account is terminated. If you are participating in any free promotional offer for accessing a Premium Service you must cancel such Premium Service before the end of the free trial period to avoid incurring charges.
    3. 15.3 If you cancel your Services Account, any Premium Services linked to your Services Account will also be terminated unless otherwise provided in the terms and conditions relating to the Premium Services in question. If you want to cancel any Premium Services without cancelling your Services Account, you may do so by following the specific cancellation process outlined in the terms and conditions relating to that Premium Service. If you wish to cancel other services provided by third parties, you will be required to do this separately to the appropriate service provider, under the terms and conditions that apply between you and that provider.
  16. Changes to this Agreement
    1. 16.1 We may change this Agreement from time to time. We will post the updated Agreement on the Services, and it will take effect immediately or on a date which is nominated in the posting or a in a notice we send to you. Your ongoing use of the Services after the changes take effect signifies your agreement to the updated Agreement. You are responsible for regularly reviewing this Agreement and any additional terms posted on the Services. If you disagree with changes that are made to this Agreement, you may simply terminate your Services Account as provided in Clause 15 above.
  17. Notices
    1. 17.1 You agree that we may send to you in electronic form any notices, disclosures, reports, documents or other communications relating to the Services (collectively, "Notices"). We can send you Notices to the email address that you provided to us during registration for this purpose. Any Notice from us shall be deemed effective the day after it is sent or posted by us.
  18. Entire Agreement
    1. 18.1 This Agreement, together with other documents and agreements referred to or entered into under it, constitutes the entire agreement between you and us relating to Services. Note that separate terms and conditions may govern your use of other services we provide from time to time.
  19. Jurisdiction and Choice of Law
    1. 19.1 This Agreement is governed by the laws of England. You and we submit to the non-exclusive jurisdiction of the courts of England in relation to any dispute arising out of this Agreement.
  20. Assignment
    1. 20.1 We may assign this Agreement to any third party, which is to provide the Services (or part of them) at any time without Notice to you. You may not assign this Agreement to any one else.
  21. Third Parties
    1. 21.1 You agree that this Agreement is not intended to confer and do not confer any rights or remedies upon any person other than the parties to this Agreement, whether under the Contracts (Rights Of Third Parties) Act 1999 or otherwise.
  22. Severance
    1. 22.1 The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect or impact the continuation in force of the remainder of this Agreement.
  23. No Waiver
    1. 23.1 If you or we fail to exercise any right or remedy under this Agreement, that failure won't operate as a waiver of that right or remedy, or prevent it from being exercised subsequently.

© Copyright, carbon heroes Limited, 2009. All Rights Reserved.