1 Terms and Conditions of Website Use

1.1  This page (together with the documents referred to on it) provides the terms and conditions upon which you may make use of the website made available and operated at www.greenelement.co.uk (“our site”).

1.2  Please read these terms and conditions of website use carefully before you start to use our site. These terms and conditions of website use are a legally binding document and create binding obligations upon you.

1.3  By using our site, you accept these terms and conditions of website use and agree to abide by them. If you do not agree to these terms and conditions of website use, please do not use our site.

2 Information about us

2.1  Our site is made available and operated by Green Element Limited (“we”, “our”, “us”) and by other persons acting on our behalf.

2.2  We are a company registered in England and Wales with company number 05386932 whose registered office is at 50-51 High Street, Wimbledon Village, London, SW19 5AX.

3 Access

3.1  Our site is a place for you to ascertain general information concerning the services and material we offer. Our site is a place for you to select and order services from us, and to view material made available by us or other persons using our site.

3.2  Our site provides access to an online carbon footprint benchmarking service and other associated services (the “Business”).

3.3  Our site is available only to persons and organisations that can form legally binding contracts under applicable law.

3.4  You must be over eighteen (18) years old to use our site. If you cannot form legally binding contracts or you are under eighteen (18) years of age please leave our site now.

3.5  Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the services (“Services”) and the material (“Material”) or any reports (“Reports”) made available upon or through it without notice. Unless explicitly stated to the contrary the supply or making available of any Services, Material or Reports shall be subject to these terms and conditions of website use.

3.6  We reserve the right at our sole discretion to restrict access to some parts or all of our site by persons or organisations seeking to access our site.

3.7  You are responsible for making all arrangements necessary for you to have access to our site. You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our site and is compatible with our site. You are also responsible for ensuring that all persons who access our site through any facilities provided by you or over which you have control are aware of these terms and conditions of website use and that they comply with them.

3.8  We have used reasonable endeavours to ensure that our site complies with UK laws. However, we make no representations that our site or the Services, Material or Reports are appropriate or available for viewing, access or use in locations outside of the UK. If you access our site from other locations you do so at your own initiative and are responsible for compliance with all laws applicable to such location. If viewing, accessing or using our site, the Services, Material or Reports is contrary to or infringes any applicable law in your place of access or place of residence, you are not authorised to view, access or use our site, the Services, Material or Reports and you must exit immediately. If making available the Services, Material or Reports in your place of access or place of residence or to you (by reason of nationality, residence or otherwise) is prohibited, the Services and Material are not made available to you. You accept that if you are resident outside of the UK, you must satisfy yourself that you are lawfully able to access our site, the Services, Material and Reports.

3.9 WE MAKE NO REPRESENTATIONS AND GIVE NO WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED THAT THE MAKING AVAILABLE OF OUR SITE, THE SERVICES, MATERIAL OR REPORTS IN ANY PARTICULAR TERRITORY OUTSIDE OF THE UK IS PERMITTED. WE EXCLUDE ALL LIABILITY FOR ANY DAMAGES, LOSS, COSTS OR EXPENSES RELATING TO OR ARISING OUT OF THE ACCESS OR ATTEMPTED ACCESS TO THE SERVICES OR ACCESS OR ATTEMPTED ACCESS TO OUR SITE OR THE MATERIAL OR REPORTS WHEN CONTRARY TO LAW AND/OR BY PERSONS WHO ARE CITIZENS, RESIDENTS OR NATIONALS OF COUNTRIES OTHER THAN THE UK, OR WHO ARE NOMINEES OF OR TRUSTEES FOR CITIZENS, RESIDENTS OR NATIONALS OF COUNTRIES OTHER THAN THE UK, AND WHO ARE RESTRICTED FROM ACCESSING OR ATTEMPTING TO ACCESS SERVICES OR WHO ARE RESTRICTED FROM ACCESSING OR ATTEMPTING TO ACCESS OUR SITE OR THE MATERIAL OR REPORTS.

4 Availability and operation

4.1  We shall use reasonable endeavours to ensure that our site and any Services or Material are available and that our site operates properly at all times.

4.2  We may suspend the availability or operation of our site or the availability of any Services or Material on a temporary or indefinite basis as we may in our sole discretion determine.

4.3  ALL WARRANTIES OR GUARANTEES AS REGARDS THE AVAILABILITY OF OUR SITE AND THE AVAILABILITY OF ANY SERVICES, MATERIAL OR REPORTS, IN SO FAR AS THEY MAY BE EXCLUDED AND OTHER THAN AS EXPLICITLY SPECIFIED HEREUNDER, ARE EXCLUDED. WE EXCLUDE ALL LIABILITY FOR ANY DAMAGES, LOSS, COSTS OR EXPENSES RELATING TO OR ARISING OUT OF THE AVAILABILITY OF OUR SITE AND THE AVAILABILITY OF ANY SERVICES OR MATERIAL.

5 Linking to our site

5.1  You may link, or may procure that a third party acting on your behalf links, to the home page of our site from a website owned by you, provided that such link is provided in a way that is fair and legal and does not damage our reputation or take advantage of it.

5.2  You must not establish nor procure that any third party establishes a link to our site in such a way as to suggest any form of association, approval or endorsement of you or any entity which you represent by us without our explicit prior written consent.

5.3  You must not establish nor procure that any third party establishes a link from any website that is not owned by you.

5.4  You must not establish nor procure that any third party establishes a link to any page upon our site other than our home page.

5.5  You must not frame nor procure that any third party frames our site on any other website.

5.6  You must not stream nor aggregate content from our site within another website nor procure that any third party undertakes such activities.

5.7 We reserve the right to withdraw our permission to link to our site without notice and for whatever reason as we may in our sole discretion determine.

6 Links from our site

6.1  Where our site or any Material or Report contains a link to a site or resource provided by a third party (a “Third Party Site”), such a link is provided for the purposes of information and convenience only.

6.2  The provision by us of a link to a Third Party Site does not represent any endorsement or recommendation by us in respect of that Third Party Site and does not mean that we have any association with that Third Party Site. We have no control over the contents of Third Party Sites.

6.3  WE EXCLUDE ALL LIABILITY FOR ANY DAMAGES, LOSS, COSTS OR EXPENSES ARISING OUT OF ANY USE OR INTERACTION BY YOU WITH THIRD PARTY SITES.

7 Viruses, hacking and other offences

7.1  You must not:

7.1.1  misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful including that which may damage, detrimentally interfere with, surreptitiously intercept or expropriate our systems, data or information;

7.1.2  attempt to gain unauthorised access to our site, the servers on which our site is stored or any server, computer or database connected to our site;

7.1.3  use any robot, spider, other automatic device, or manual process to monitor or copy our site, or use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere, with our site;

7.1.4  use an anonymising proxy to access our site;

7.1.5  attack our site via a denial-of-service attack or a distributed denial-of service attack;

7.1.6  take any action that imposes an unreasonable or disproportionately large load on our infrastructure, or that may cause us to lose any of the services from our service providers, including our internet or payment service providers; or

7.1.7  do, or omit to do, or attempt to do or omit to do, any other act or thing which may interfere with the proper operation of our site.

7.2  If you breach this clause we have the right to report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

7.3  YOU ALSO UNDERSTAND THAT WE CANNOT AND DO NOT WARRANT OR GUARANTEE THAT ANY MATERIAL OR REPORTS AVAILABLE FOR DOWNLOADING FROM OUR SITE OR SERVICES ACCESSIBLE THROUGH OUR SITE WILL BE FREE FROM INFECTION, VIRUSES AND/OR OTHER CODE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND VIRUS CHECKS (INCLUDING ANTI-VIRUS AND OTHER SECURITY CHECKS) TO SATISFY YOUR PARTICULAR REQUIREMENTS IN THIS RESPECT. WE EXCLUDE ALL LIABILITY FOR ANY DAMAGES, LOSS, COSTS OR EXPENSES RELATING TO OR ARISING OUT OF ANY DISTRIBUTED DENIAL-OF- SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO USE OF OR ACCESS TO OUR SITE, OR ANY SERVICES OR MATERIAL OR REPORTS.

8 Accuracy, errors and reliance

8.1  We shall use reasonable but commercially prudent endeavours to ensure that all Material is, and all Services are provided, free from material errors. Please note though that our site, the Services and the Material may contain inaccuracies or errors. You acknowledge that our site, the Services and the Material may not be free of errors and you agree that the existence of any errors shall not constitute a breach of these terms and conditions of website use. Except as expressly stated, we make no guarantees or warranties in respect of the accuracy of any Services or Material.

8.2  Except where expressly stated otherwise, the Material and any Reports are general in nature and is not intended to amount to advice (relating to your own particular circumstances or otherwise) on which reliance should be placed. You undertake not to rely upon the Material. You undertake not to provide any Material to any third party with a view to that third party relying upon that Material

8.3  We shall use data as provided by you and/or third parties in order to prepare any Reports, however we do not accept any liability whatsoever for any inaccuracies or errors in the data provided by any such third party.

8.4  EXCEPT AS EXPRESSLY STATED WE EXCLUDE ALL LIABILITY FOR ANY DAMAGES, LOSS, COSTS OR EXPENSES INCURRED RELATING TO OR ARISING OUT OF ANY INACCURACIES OR ERRORS WITHIN OUR SITE, THE SERVICES OR ANY MATERIAL, OR RELIANCE PLACED UPON ANY MATERIAL.

8.5  ALL WARRANTIES, REPRESENTATIONS OR GUARANTEES IN RESPECT OF OUR SITE, THE SERVICES, MATERIAL OR REPORTS OTHER THAN AS EXPRESSLY SET OUT HEREUNDER ARE EXCLUDED IN SO FAR AS IS POSSIBLE UNDER APPLICABLE LAW .

9 Passwords

9.1  If you choose, or you are provided with, a user identification code, login, password or any other piece of information enabling access to our site or any Services, Material or Reports, you must treat such information as confidential, and you must not disclose it to any third party.

9.2  We reserve the right to disable any user identification code, login, password, or any other piece of information enabling access to our site or any Services, Material or Reports at any time, for such reason as we may in our sole discretion determine, including without limitation if in our opinion you have failed to comply with any of the provisions of these terms and conditions of website use.

9.3  You must immediately notify us if you have reason to believe any user identification code, login, password, or any other piece of information enabling access to our site or any Services, Material or Reports or provided by us to you has become known to any third party.

10 Our intellectual property rights

10.1  Our site, the Services, the Material and the Reports are protected by international copyright laws and other intellectual property rights.

10.2  We are the owner of all intellectual property rights in the Services.

10.3  Intellectual property rights in Material uploaded by users of our site (“Content”) remains held by those users (“Content Providers”). Notwithstanding the other terms of this agreement, Content Providers may deal in or with their Content as they wish. Otherwise intellectual property rights in Material are owned by us.

10.4  Any intellectual property rights in our site, the Services and the Material are licensed not transferred to you, for the purposes expressly stated in these terms and conditions of website use and for no other purposes whatsoever, and always in accordance with these terms and conditions of website use.

10.5  You must not:

10.5.1  use or copy;

10.5.2  disassemble, decompile, reverse engineer, create derivative works based upon, extract elements from or reorganise;

10.5.3  translate, merge, adapt, vary, modify or make alterations to; or

10.5.4  distribute or licence rights in, our site or any Material or Reports or any copies thereof other than as expressly stated hereunder.

10.6  Our status or that of any identified contributors as the authors of the Material must always be acknowledged. Such acknowledgement must include the address of our site.

10.7  Other than as explicitly specified hereunder nothing contained in these terms and conditions should be construed as granting by implication, estoppel, personal bar or otherwise any licence or right to use our site, the Material, any Reports or any intellectual property rights in any Services without our express written permission.

10.8  You must not attempt in any way to remove or circumvent any technical protection measures applied to our site to prevent unauthorised use, copying or misappropriation thereof or of the intellectual property rights relating thereto, or apply, manufacture, import, distribute, sell, let for hire, offer, expose or advertise for sale for hire or have in your possession for private or commercial purposes, any means whose sole reasonable purpose is to facilitate the unauthorised removal or circumvention of such technical protection measures.

10.9  Any intellectual property rights in the Reports shall be transferred to you upon full payment to us of the Price and you hereby grant to us an irrevocable, non-exclusive, royalty free, perpetual licence to use all data in connection with the Report in connection with the Business on an anonymised basis.

11 Your rights of use

11.1  You may use for the purposes for which they are supplied (but for no other purpose) any Service supplied to you provided you have paid to us the Price for that Service and provided that you have not breached these terms and conditions of website use.

11.2  No other rights, permissions, consents or licences are granted in relation to our site, the Services or the Material other than as expressly set out in these terms and conditions of website use.

12 Complaints regarding Material

12.1 If you wish to complain about any Material, or Service, please contact us at info@greenelement.co.uk. We will then review the Material or Service. We shall in our sole discretion determine whether to remove the Material or Service from our site, or alter the Material or Service. If we decide to remove or alter the Material or Service, our removal or alteration shall not be an admission as to any fact or circumstance, or be deemed to be an acceptance of your complaint. We may or may not respond to your complaint.

12.2 Please note that we do not moderate any forums, comments facilities, blogs, links or other content made available upon our site by third parties.

13 Material you submit to our site

13.1  By submitting material or information to or through our site you grant to us the right without limitation, on a perpetual and irrevocable basis, and without a requirement to pay to you any sums to use (for any purpose), copy, modify, adapt, create derivative works based upon, analyse, publish and disseminate, extract elements from and reorganise such information or material. You acknowledge that we may permit others to exercise these rights.

13.2  By submitting information or material to or through our site you are guaranteeing that you have the right to grant to us the rights described in clause 13.1. If you are not able to grant to us these rights, please do not submit such information or material.

13.3  In relation to any information or material submitted by you to or through our site you waive and undertake not to assert absolutely all moral rights arising under Chapter 4 of the Copyright, Designs and Patents Act 1988 and, so far as is legally possible, any broadly equivalent rights you may have in any territory of the world, in such information or material.

13.4  You warrant that any information or material submitted by you to or through our site shall:

13.4.1  be accurate (where it states facts);

13.4.2  be genuinely held (where it states opinions);

13.4.3  comply with the law applicable in England and Wales and in any country from which it is posted; and

13.4.4  be relevant.

13.5  You warrant that any information or material submitted by you to or through our site shall not:

13.5.1  be defamatory of any person;

13.5.2  be obscene, offensive, hateful or inflammatory;

13.5.3  promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

13.5.4  disclose the name, address, telephone, mobile or fax number, e-mail address or any other personal information in respect of any individual other than where you have the express permission of that individual to disclose such information and to allow such information to be used and made available subject to and in accordance with these terms and conditions of website use;

13.5.5  infringe any copyright, database right or trade mark of any other person;

13.5.6  breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

13.5.7  be in contempt of court;

13.5.8  be likely to harass, upset, embarrass, alarm or annoy any other person;

13.5.9  impersonate any person, or misrepresent your identity or affiliation with any person;

13.5.10  advocate, promote, incite any third party to commit, or assist any unlawful or criminal act; or

13.5.11  contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.

13.6  THE WARRANTIES PROVIDED FOR IN CLAUSE 13.4 AND CLAUSE 13.5 MUST BE COMPLIED WITH IN SPIRIT AS WELL AS TO THE LETTER. WE WILL DETERMINE, IN OUR SOLE DISCRETION, WHETHER ANY MATERIAL SUBMITTED BY YOU THROUGH OUR SITE BREACHES THESE WARRANTIES. YOU US INDEMNIFY AND SHALL KEEP US FULLY AND EFFECTIVELY INDEMNIFIED ON DEMAND FROM AND AGAINST ALL ACTIONS, CLAIMS, LOSSES, LIABILITY, PROCEEDINGS, DAMAGES, COSTS, EXPENSES, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION AND OTHER PECUNIARY OR CONSEQUENTIAL LOSS (INCLUDING LEGAL COSTS AND EXPENSES) SUFFERED OR INCURRED BY US AND ARISING DIRECTLY OR INDIRECTLY OUT OF YOUR BREACH OF THESE WARRANTIES.

13.7  Where information or material submitted to or through our site in our opinion breaches these terms and conditions of website use, we may at our sole discretion take all or any of the following actions:

13.7.1  investigation of the identity of the person responsible for submitting such information or material and the circumstances surrounding the submission of such information or material, in respect of which you undertake to provide us with confirmation of your identity and any other information we may require in connection therewith and to cooperate with us fully;

13.7.2  immediate, temporary or permanent withdrawal or removal of the information or material or your ability to access to our site;

13.7.3  issuing a warning to you;

13.7.4  raising legal proceedings against you for recovery of all costs resulting from the breach;

13.7.5  raising further legal action against you;

13.7.6  disclosing such information to law enforcement authorities or relevant third parties as we reasonably feel is necessary or as required by law; or

13.7.7  such other action as we reasonably deem appropriate.

13.8  WE HEREBY EXCLUDE ALL LIABILITY FOR ANY DAMAGES, LOSS, COSTS OR EXPENSES RELATING TO OR ARISING OUT OF THE TAKING OF ALL AND ANY OF THE ACTION REFERRED TO IN CLAUSE 13.7.

13.9  WE ALSO HEREBY EXCLUDE ALL LIAILITY FOR ANY DAMAGES, LOSS, COSTS OR EXPENSES RELATING TO OR ARISING OUT OF ERRORS IN TERMS OF THE INFORMATION UPLOADED TO OUR SITE BY YOU.

14 Purchase of Reports

14.1 This clause sets out the procedure which must be completed by you in order for you to purchase any Reports from us through our site.

14.2  Should you wish to place an order for any Report with us through our Site, you must register your details as set out from time to time on the Site.

14.3  Once you have registered through the Site, you can complete the online form which needs to be completed in advance of ordering any Report. Once you have completed the online form, there will be a fee payable (“Price”) prior to you being able to access the Report.

14.4  You must submit to us a request to purchase access to a Report (a “Purchase Request”). Purchase Requests constitute an offer by you to purchase from us the relevant level of access, in accordance with these terms and conditions of website use. We may refuse your Purchase Request for whatever reason we may in our sole discretion determine. Purchase Requests may be submitted only through the forms provided upon our site.

14.5  The supply by us of a Report to you is conditional upon payment to us of the Price. Details concerning Prices are made available upon our site and confirmed to you within your Confirmation (hereinafter defined).

14.6  Upon receipt of your Purchase Request we shall confirm receipt of such to you using online electronic means only. Within our confirmation we will confirm the amount of the Price payable by you. If the Price is acceptable you are required to indicate your acceptance by clicking upon the “I Accept” button provided within the body of our confirmation (your “Confirmation”). If the Price is not acceptable to you, you should not so indicate your acceptance. We reserve the right to limit the period during which our confirmations remain valid. If our confirmation expires before you provide your Confirmation you may be required to recommence the procedure provided for in this clause to purchase the relevant Services or access. The date upon which you accept our Confirmation shall be the date upon which a contract between you and us for the supply of Services and/or Material is concluded.

14.7  Upon the provision of your Confirmation you will be forwarded to the website of our chosen payment services provider (the “Payment Website”) in order to remit to us the Price. You must remit the Price using the payment methods provided upon the Payment Website. You may not remit the Price to us using any other method.

14.8  YOU ACKNOWLEDGE THAT THE PAYMENT WEBSITE IS A WEBSITE MADE AVAILABLE BY A THIRD PARTY AND AS SUCH WE DO NOT HAVE CONTROL OVER ITS OPERATION. WE EXCLUDE ALL LIABILITY FOR ANY DAMAGES, LOSS, COSTS OR EXPENSES RELATING TO OR ARISING OUT OF YOUR USE OF OR INTERACTION WITH THE PAYMENT WEBSITE.

14.9  In respect of the Payment Website you undertake and warrant:

14.9.1  to abide by any terms and conditions relating to use of or interaction with the Payment Website;

14.9.2  that any information submitted by you to the Payment Website will not be false, inaccurate or misleading; and

14.9.3  not to engage or attempt to engage in any potentially fraudulent or unauthorised activity or any activity that does or may present a credit or fraud risk to us, the provider of the Payment Website or any third party.

14.10  THE PRICE IS INCLUSIVE OF ALL APPLICABLE TAXES AND DUTIES DUE AND PAYABLE IN THE UNITED KINGDOM AS A RESULT OF THE PROVISION OF THE RELATED SERVICES OR MATERIAL BY US TO YOU. IF THE PROVISION OF SERVICES OR MATERIAL IN THE TERRITORY FROM WHICH YOU ACCESS OUR SITE GIVES RISE TO AN OBLIGATION TO REMIT ANY TAX, DUTY OR SIMILAR PAYMENT TO ANY AUTHORITY OTHER THAN THOSE AUTHORITIES RESIDENT IN THE UNITED KINGDOM YOU SHALL BE RESPONSIBLE FOR SATISFYING SUCH LIABILITY. YOU INDEMNIFY US AND SHALL KEEP US FULLY AND EFFECTIVELY INDEMNIFIED ON DEMAND FROM AND AGAINST ALL SUCH LIABILITY.

14.11  We reserve the right to request additional information from you in relation to your payment of the Price for any reasonable purpose, including to allow us to properly verify your identity, investigate alleged fraudulent activities and to allow us to comply with anti-money laundering obligations. You agree to comply with any request for further information as we reasonably require within such period as we may reasonably require. This may include, without limitation, requiring you to fax, email or otherwise send certain identification documents to us.

14.12  You agree that your provision of information concerning the payment method chosen by you upon the Payment Website (your “Specified Payment Method”) through the Payment Website constitutes your authorisation to us and our service providers to collect (or procure the collection of) the Price using the Specified Payment Method. You acknowledge that once you have provided such authorisation, you will not be able to cancel such authorisation.

14.13  You grant to us the right to resubmit (or procure the resubmission of) any payment made by you hereunder using your Specified Payment Method that is returned for insufficient or uncollected funds.

14.14  You warrant that you have the authority and permission to provide details of the Specified Payment Method and to authorise and permit us to collect (or procure the collection of) the Price using the Specified Payment Method.

14.15  We may review (or procure the review of) any information you submit through the Payment Website prior to collecting (or procuring the collection of) the Price using the Specified Payment Method. This review may be carried out for fraud prevention purposes. Following such review we may withhold or refrain from collecting (or procuring the collection of) the Price using the Specified Payment Method and cancel any arrangement for the supply of Services or Material between you and us, without liability to you. Any such review is not a representation by us as to your character or reputation.

14.16  You consent to the providers of the Payment Website and your Specified Payment Website disclosing to us information concerning any payments made by you hereunder and details of your Specified Payment Method and our subsequent disclosure of this information in so far as may be necessary to enable us to properly and fully exercise our rights under these terms and conditions of website use.

15 Exclusions

15.1  The terms of our Privacy and Cookie Policy [www.greenelement.co.uk/privacy-policy] shall form part of these terms and conditions of website use.

15.2  THESE TERMS AND CONDITIONS OF WEBSITE USE AND OUR PRIVACY AND COOKIE POLICY [www.greenelement.co.uk/privacy-policy] SET OUT THE FULL EXTENT OF OUR OBLIGATIONS AND LIABILITIES IN RESPECT OF OUR SITE, THE SERVICES AND MATERIAL. IN PARTICULAR, THERE ARE NO CONDITIONS, WARRANTIES, GUARANTEES, REPRESENTATIONS OR OTHER TERMS, EXPRESS OR IMPLIED, THAT ARE BINDING UPON US EXCEPT AS SPECIFICALLY STATED IN THESE TERMS AND CONDITIONS OF WEBSITE USE AND OUR PRIVACY AND COOKIE POLICY. IN SO FAR AS IS POSSIBLE WE EXCLUDE ALL CONDITIONS, WARRANTIES, GUARANTEES, REPRESENTATIONS AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE OR COMMON LAW OTHER THAN THOSE EXPRESSLY STATED HEREUNDER.

15.3  WHERE WE EXCLUDE LIABILITY UNDER THESE TERMS AND CONDITIONS OF WEBSITE USE, SUCH EXCLUSION SHALL INCLUDE, IN SO FAR AS IS PERMITTED UNDER LAW, ALL LIABILITY FOR ANY LOSS, DAMAGE, COSTS OR EXPENSES INCLUDING ANY LIABILITY FOR LOSS OF INCOME OR REVENUE, LOSS OF BUSINESS, LOSS OF PROFITS OR CONTRACTS, LOSS OF ANTICIPATED SAVINGS, LOSS OF DATA, LOSS OF GOODWILL, FAILURE OF TRANSMISSION, COMMUNICATION, COMPUTER OR OTHER FACILITIES, FAILURE, ERROR OR DELAY IN THE SENDING OF ANY NOTICE, COMMUNICATION OR INSTRUCTION VIA ANY MEDIUM WHATSOEVER, WASTED MANAGEMENT OR OFFICE TIME, AND FOR ANY OTHER LOSS OR DAMAGE OF ANY KIND, HOWEVER ARISING AND WHETHER CAUSED BY DELICT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

15.4  IN RESPECT OF PAID FOR SERVICES OR MATERIL IF WE ARE LIABLE TO YOU FOR ANY REASON, OUR LIABILITY WILL BE LIMITED TO THE AMOUNT OF THE PRICE PAID BY YOU.

15.5  THE EXCLUSIONS OF LIABILITY HEREUNDER DO NOT AFFECT OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, NOR OUR LIABILITY FOR FRAUDULENT MISREPRESENTATION, NOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

16 Transfer

16.1  You may not transfer or otherwise dispose of any of your rights or obligations arising under these terms and conditions of website use without our prior written consent.

16.2  We may sublicence, rent, lease, transfer, assign, charge, sub-contract or otherwise dispose of any of our rights or obligations arising under these terms and conditions of website use at any time.

17 Breach

17.1  If you breach any of these terms and conditions of website use, all of your rights under these terms and conditions including your right to use our site, the Services and the Material will cease immediately.

17.2  If we have reason to believe that you have breached these terms and conditions of website use or are likely to breach these terms and conditions of website use we may take action to protect ourselves, our service providers and third parties from liability, including but not limited to contacting relevant third parties and disclosing information collected from you.

17.3  YOU ARE RESPONSIBLE FOR ALL LOSSES, COSTS, EXPENSES, CLAIMS, DEMANDS OR OTHER LIABILITIES (INCLUDING LEGAL FEES) INCURRED BY US, OUR SERVICE PROVIDERS OR ANY THIRD PARTIES CAUSED BY OR ARISING FROM YOUR BREACH OF THESE TERMS AND CONDITIONS OF WEBSITE USE. YOU INDEMNIFY US AND SHALL KEEP US FULLY AND EFFECTIVELY INDEMNIFIED ON DEMAND FROM AND AGAINST ALL ACTIONS, CLAIMS, LOSSES, LIABILITY, PROCEEDINGS, DAMAGES, COSTS, EXPENSES, LOSS OF BUSINESS, LOSS OF PROFITS, LOSS ARISING FROM BUSINESS INTERRUPTION AND OTHER LOSS (INCLUDING LEGAL COSTS AND EXPENSES) SUFFERED OR INCURRED BY US AND ARISING DIRECTLY OR INDIRECTLY OUT OF YOUR BREACH OF THESE TERMS AND CONDITIONS OF WEBSITE USE.

18 Circumstances beyond our control

18.1  We will not be liable for any failure to perform any obligation under these terms and conditions of website use due to causes beyond our reasonable control.

18.2  These terms and conditions of website use do not confer any rights on any person other than you and us.

19 Variation

19.1 We may change the Services or Material at any time.

19.2  Any Material may be out of date at any given time, and we are under no obligation to update any Material.

19.3  We reserve the right to change these terms and conditions of website use at any time by amending this page or the page upon our site containing our Privacy and Cookie Policy [www.greenelement.co.uk/privacy-policy]. Any such change in these terms and conditions of website use or our Privacy and Cookie Policy will be effective once reflected in the text of these terms and conditions of website use or our Privacy and Cookie Policy (as appropriate) as published on our site. You undertake to check this page and the page containing our Privacy and Cookie Policy from time to time to take notice of any changes we have made, as they are binding on you.

19.4  Where we have supplied Services to you the version of these terms and conditions of website se effective as of the date of your Confirmation shall govern such supply.

20  Waiver

If we fail at any time to insist upon strict performance of any of your obligations under these terms and conditions of website use, or if we fail to exercise any of the rights or remedies to which we are entitled under these terms and conditions of website use, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

21  Severability and entire agreement

21.1  If any term, condition or provision of these terms and conditions of website use is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision shall be severed from the remaining terms and conditions which will continue to be valid to the fullest extent permitted by law.

21.2  THESE TERMS AND CONDITIONS OF WEBSITE USE, OUR PRIVACY AND COOKIE POLICY ARE THE WHOLE AGREEMENT BETWEEN YOU AND US. YOU ACKNOWLEDGE THAT YOU HAVE NOT ENTERED INTO THE OBLIGATIONS PROVIDED FOR IN THESE TERMS AND CONDITIONS OF WEBSITE USE IN RELIANCE UPON ANY STATEMENT, WARRANTY OR REPRESENTATION MADE BY US OR ANY OTHER PERSON AND YOU IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHTS TO CLAIM DAMAGES AND/OR TO RESCIND YOUR OBLIGATIONS HEREUNDER BY REASON OF ANY MISREPRESENTATION (OTHER THAN A FRAUDULENT MISREPRESENTATION) THAT IS NOT CONTAINED IN THESE TERMS AND CONDITIONS OF WEBSITE USE OR OUR PRIVACY AND COOKIE POLICY.

22 Notices to You

22.1  We will communicate with you in English only. You agree that we may provide a notice to you by posting it on our site or emailing it to the email address provided by you to us.

22.2  With the exception of amendments to these terms and conditions of website use and our Privacy and Cookie Policy which shall have immediate effect following posting upon our site (except as expressly stated otherwise), such notices shall be deemed to have been received by you on the expiry of a period of twenty four (24) hours from the point in time they are emailed to you.

23 Notices to us

23.1 You may only notify us in connection with any matter arising under these terms and conditions of website use, except where specified otherwise under these terms and conditions of website use, by emailing us at info@greenelement.co.uk.

23.2 Any notification shall be deemed to have been received by us on the expiry of a period of seventy two (72) hours. For the purposes of determining this period all weekends and public holidays in England shall be excluded.

24 Jurisdiction and applicable law

The interpretation, construction, effect and enforceability of these terms and conditions of website use are governed by the laws of England and Wales and you agree to submit to the exclusive jurisdiction of the courts of England and Wales for the determination of disputes related thereto.