Terms and Conditions for use of Compare Your Footprint Software

Last updated 12/04/2023

These Terms and Conditions apply to and govern your use of Compare Your Footprint. They apply as between:

1. You, the User (You, Your or User as defined below) of the Services (defined below); and
2. COMPARE YOUR FOOTPRINT LTD, a company incorporated in Scotland (Registered No. SC689618) with its registered office at 7 Ferrymuir Lane, South Queensferry, Scotland, EH30 9PA (CYF, We, Us or Our);

Each a "Party" and collectively "the Parties".

By using the Services, you agree to be bound by these Terms and Conditions. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Services. If you do not agree to be bound by these Terms and Conditions, you must not use the Services and, if you have commenced use of the Services, you should stop using the Services immediately.

These Terms and Conditions are supplemental to the EULA. If there is any conflict between these Terms and Conditions and the EULA, then the terms of the EULA will prevail.

You must be at least 18 years of age to use the Services, and if you are under 18 years of age you must stop using the Services immediately.

1. Definitions and Interpretation

In these Terms and Conditions the following words and expressions have the following meanings:

• "Account Content" means collectively the personal information, and credentials (username and password) used by you to access the Services;
• "Assessment" means a Compare your Footprint online report created by you completing an online questionnaire via the Services which shall contain User Content and be hosted on the Platform;
• "Content" means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on, is uploaded to or forms part of the Platform and/or the Services and is not User Content;
• "Data" means collectively all information that you submit to CYF;
• "Database" means the database stored on the Platform which contains, amongst other things, User Data;
• "Intellectual Property" means all patents, registered designs, trademarks and service marks, copyright, database rights, design right, know how, algorithm, trade secrets, information and all similar property;
• "Compare your Footprint" means the programme or programmes comprised in the CYF software which report on the carbon footprint of an organisation;
• "Platform" means the hardware and software environment in which the Services operate;
• "Privacy Legislation" means the retained EU law version of the GDPR (the "UK GDPR"), the DPA, and all applicable laws and regulations relating to the processing of personal data and privacy;
• "Service(s)" means collectively any online facilities, tools, systems, services or information that CYF makes available through the Platform;
• "User" / "Users" means you/any third party that accesses the Platform and is not employed by CYF;
• "User Content" means any text, graphics, images, audio, video, software, data compilations and any other form of information uploaded by a User;
• "User Data" means Data created via an Assessment and stored in the Database.

2. Accounts

2.1 You must create an Account in order to use the Services. When creating an Account, you must provide accurate, complete and up-to-date information.

2.2 It is your responsibility to keep your password safe. You must not share your Account with anyone else. If you believe your Account is being used without your permission, please contact us immediately at info@compareyourfootprint.com. We will not be liable for any unauthorised use of your Account.

2.3 You must not use anyone else's Account without authorisation.

2.4 Any personal information provided in your Account will be collected, used, and held in accordance with your rights and our obligations under the law, as set out in our Privacy Policy.

2.5 If you wish to close your Account, you may do so at any time. Closing your Account will result in the removal of your information.

3. Intellectual Property

3.1 Subject to the exceptions in Clause 4, all Content included in the Services is our property or has been licensed to us. It is protected by applicable United Kingdom and international Intellectual Property laws and treaties.

3.2 You may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use any Content from the Services unless given our express written permission.

4. User Content

4.1 Subject to Clause 3, Users own the Intellectual Property in User Content, and CYF does not claim any ownership of User Content.

4.2 You agree that you will be solely responsible for your User Content.

4.3 By submitting User Content, you grant us a worldwide licence to use, store, reproduce, and distribute your User Content solely for the purposes of operating and providing the Services.

5. Acceptable Usage Policy

5.1 You may only use the Services in a manner that is lawful. Specifically you must not:

5.1.1 use the Services for any unlawful or fraudulent purpose;

5.1.2 use the Services to send any form of virus or malware;

5.1.3 use the Services to harm any person;

5.1.4 use obscene or vulgar language;

5.1.5 submit material that infringes any third party's Intellectual Property.

6. Privacy

Use of the Services is governed by our Privacy Policy.

7. Disclaimers

7.1 The Services are provided on an "as is" and "as available" basis. We make no warranty that the Services will meet your requirements or be uninterrupted or error-free.

7.2 We are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks.

8. Limitation of Liability

8.1 To the fullest extent permissible by law, we accept no liability for any loss or damage arising out of or in connection with the use of the Services.

8.2 Nothing in these Terms and Conditions excludes or restricts our liability for fraud or for death or personal injury resulting from negligence.

9. Changes to the Services

We may alter, suspend or discontinue the Services (or any part thereof) at any time and without notice.

10. Changes to these Terms and Conditions

We may alter these Terms and Conditions at any time. Any such changes will become binding on you upon your first use of the Services after the changes have been implemented.

11. Contacting Us

To contact us, please email us at info@compareyourfootprint.com.

12. Law and Jurisdiction

12.1 These Terms and Conditions shall be governed by and construed in accordance with Scots Law.

12.2 Any disputes shall be subject to the exclusive jurisdiction of the Scottish courts.