References to Carbon Planet in these terms and conditions mean Carbon Planet Limited ABN 11 091 160 897.
G3MS (as may be updated, upgraded and modified from time to time) is a software service, owned and hosted by Carbon Planet, used to capture, store, integrate, update, analyse and report on greenhouse gas emissions data.
Please read the following terms and conditions of use carefully before using G3MS. In using G3MS, you agree to be bound by these terms and conditions as they appear from time to time.
G3MS, these terms and conditions and the services being offered are subject to change at any time without notice. Amendments will be effective immediately.
G3MS is a tool for collecting, calculating and reporting on emissions data related to a person, for the purposes of reporting to that person as well as to Government agencies.
By using G3MS, you acknowledge and agree to be bound by Carbon Planet’s Privacy Policy.
Any information you enter into G3MS may be used by Carbon Planet or an authorised Carbon Planet G3MS licensee to:
Any personal information you submit will be stored and handled in accordance with Carbon Planet’s Privacy Policy and the requirements of the Privacy Act 1988 (Cth).
You acknowledge that you will only access G3MS using the credentials provided to you by Carbon Planet or an authorised Carbon Planet G3MS licensee.
You must not provide access or use of G3MS to another person, without prior written permission from Carbon Planet, or in any way share the credentials provided to you.
By using G3MS you agree that any details that you supply in the course of using G3MS or acquiring services are true and accurate.
Carbon Planet reserves the right to refuse to provide the requested services to you.
The services offered on G3MS are only available to persons capable of entering into a legally binding contract. If you are not 18 years of age or over, you must seek the permission of your parents or guardians to use these services.
Copyright and all other intellectual property in materials contained on G3MS is owned or licensed by Carbon Planet. No intellectual property or other right in and to the information and materials on G3MS is transferred to users of G3MS.
Except as permitted under the Copyright Act 1968 (Cth), or any other applicable law in your location, you may not adapt, reproduce, publish or distribute copies of materials found on G3MS (including, but not limited to text, logos, graphics, sound or images) in any form (including by e-mail or other electronic means), without prior written permission from Carbon Planet.
You may not frame any of the content of G3MS or incorporate it into another website.
In the event that you suggest Carbon Planet make any improvements, developments, variations or modifications to G3MS, you agree that Carbon Planet is not obliged to act on such a suggestion, but that if it choses to do so all intellectual property rights that you have in any of these improvements, developments, variations or modifications will be automatically assigned to Carbon Planet without any further documentation being required to complete this assignment.
By using this site you acknowledge and agree that:
Carbon Planet does not warrant that any material you submit to G3MS will be protected against loss, misuse or alteration by third parties.
Carbon Planet is not liable for any loss resulting from any action taken or reliance made by you on any of the information or material posted on G3MS. If you use or otherwise rely on any of the information on G3MS you are responsible for ensuring by independent verification its accuracy or completeness.
Carbon Planet, its agents, instrumentalities, officers or employees will not, under any circumstances (including negligence), be liable for, or accept responsibility for any compensatory, special, incidental, direct, indirect or consequential damages of any kind, liabilities, claims and expenses, however caused, (including but not limited to legal costs and defence or settlement costs), or any damages for loss of data, profit or income or any other losses whatsoever that result from the use of G3MS, or reliance on, information contained on or accessed through G3MS, whether such damages arise in contract, negligence, tort, under statute, in equity, at law or otherwise.
To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits Carbon Planet from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to supplying the relevant services again or the payment of the costs of having the services supplied again.
This disclaimer does not exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
If Carbon Planet suffers any loss or damage or incurs any costs in connection with any breach of these terms and conditions then you agree to indemnify Carbon Planet for those losses, damages or costs.
You must ensure that your access to G3MS is not illegal or prohibited by laws which may apply to you.
You must ensure that your data is supplied on the medium and in the format specified on G3MS.
You must take your own precautions to ensure that the process which you employ for accessing G3MS does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system. For the avoidance of doubt, Carbon Planet does not accept responsibility for any interference or damage to your computer systems which arises in connection with your use of G3MS or any linked websites.
Responsibility for the content or advertisements appearing on G3MS (including hyperlinks to advertisers’ own websites) rests solely with the advertisers. The placement of such content or advertisements does not constitute a recommendation or endorsement by Carbon Planet of the advertisers’ products and each advertiser is solely responsible for any representations made in connection with the advertisement.
Carbon Planet cannot and does not guarantee that access to G3MS will be uninterrupted or error free. It will be necessary to perform scheduled and unscheduled maintenance on G3MS from time to time, which may result in interruptions to your access. Carbon Planet will not be responsible for any loss, damage, cost or expense arising from your ability or inability to use G3MS for any reason.
We do not accept liability for any losses arising directly or indirectly from corruption to or loss of data, errors or interruptions, any suspension or discontinuance of the service, and transmissions by other users in contravention of the user’s obligations as set out in these terms and conditions.
You must indemnify Carbon Planet and our related bodies corporate and our directors and employees against any claim by a third party arising out of a breach of these terms and conditions either by you or by any person using your credentials.
For your convenience and information, G3MS contains links to other sites. Those links are provided for convenience only and may not remain current or be maintained. Carbon Planet makes no representation or warranty as to the accuracy, quality, fitness for purpose or any other aspect of the information on those linked sites. Any links to another site should not be construed as an endorsement or recommendation of any information, goods or services contained on that website. Your use of the links to other sites is entirely at your own risk.
Carbon Planet respects your privacy. We undertake to comply with the terms and conditions of our privacy policy. You agree to be bound by Carbon Planet’s privacy policy.
You must ensure that all personal information you submit or otherwise provide as content on G3MS is collected, stored and handled in accordance with the Privacy Act 1988 (Cth).
You agree to grant Carbon Planet a non-exclusive, perpetual, non-transferable, royalty-free licence to use the content you provide on G3MS in the form provided for the provision of G3MS services and in an anonymous summary form for benchmarking and statistical purposes, in accordance with the Privacy Act 1988 (Cth).
Unfortunately, no data transmitted over the Internet can be guaranteed as totally secure. Carbon Planet strives to protect information by use of modern encryption, but Carbon Planet does not warrant and cannot ensure the security of any information which you transmit. Accordingly, any information which you transmit is transmitted at your own risk.
These terms and conditions and your access to G3MS may be terminated by Carbon Planet or an authorised Carbon Planet G3MS licensee at any time without notice. All disclaimers, retractions and limitations of liability will survive termination.
These terms and conditions are governed by the laws in force in South Australia, Australia. You agree to the jurisdiction of the courts of South Australia, Australia.
Carbon Planet accepts no liability for any failure to comply with these terms and conditions where such failure is due to circumstances beyond our reasonable control.
If Carbon Planet waives any rights available to it under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions will nevertheless continue in full force.
To return to G3MS, click where indicated. By doing so, you acknowledge that you have read, understood and accepted the above terms of use.
By submitting information you agree to be bound by the Terms and Conditions and Carbon Planet Privacy Policy
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