1. GENERAL INFORMATION
The carbometrix Service (herein after the “Service”) allows the client (herein after the “Clients”,”you”,”your”) to obtain an estimation of carbon performance calculated and devised by carbometrix based on the information submitted by the Client.
“Information” means all the answers, data, information and values provided by the Client to carbometrix and used by carbometrix to offer the Service.
“Results” means the data and findings resulting from the work and calculation of carbometrix on the basis of the Information.
The Service has been created and devised by carbometrix and is owned by carbometrix.
carbometrix is a SAS with a capital of 271 098 euros, registered at the Trade Register of Paris under the number 889 368 163, with head office located at 111 bis rue de Courcelles, 75017, Paris (hereinafter “carbometrix”).
The publication director of the Service is Corinne Bach.
The Service is hosted by O2switch whose head office is located at Chemin de Pardiaux, 63000 Clermont-Ferrand, France.
However, certain changes concerning features newly added to the Service or made for legal reasons may take effect immediately. Changes apply as of their activation and have no retroactive effect.
If you do not agree to the amended terms, you must cease using the Service and request carbometrix not to publish the Results anymore, following the procedure described in Article 5 below.
3. SERVICES PROVIDED BY CARBOMETRIX
By using the Service, the Client wants to obtain an estimation of the carbon footprint and carbon performance generated by the Client.
The Results are the outcome of the work, calculation and method devised by carbometrix, using in particular the Information, as submitted by the Client when answering and documenting the questions raised by carbometrix in the Service.
The Information is in particular data, values and answers relating to the activity of the entity assessed by the Client, its structure and organization.
The Information is provided in reply to a number of questions adapted in view of the field of activity of the entity assessed by the Client.
The Results include direct emissions (scope 1) and indirect emissions; scope 2 (emissions induced by purchased electricity) and scope 3 upstream (emissions associated with subcontractors and suppliers) and scope 3 downstream (emissions associated with products and services sold) according to the international GHG protocol. The Results are to be part of a database created, aggregated and maintained by carbometrix.
4. OWNERSHIP OF THE INFORMATION SUBMITTED BY THE CLIENT
carbometrix does not claim any ownership rights to the Information you submit to the Service.
This Information remains the property of the Client and is not published itself by carbometrix, without prejudice of the possibility to retrace the Information from the Results.
The Client is responsible for the Information it submits on the Service.
In particular, the Client
- should have the necessary rights on the Information to submit it to the Service.
- is the sole responsible of any breach or infringement which could result from the Information submitted by the Client to the Service.
- is solely responsible of the accuracy, comprehensiveness and the reliability of the Information.
If you notice an error in the Information already submitted to the Service you should inform carbometrix by email at the following address: email@example.com
carbometrix reserves the right to correct the Results.
5. PROPERTY AND RIGHTS OVER THE RESULTS
By using the Service, you submit the Information to carbometrix and accept the Information to be processed by carbometrix according to calculations and methods devised and created by carbometrix to obtain the Results.
The carbometrix methodology for obtaining the Results is detailed on the website: https://carbometrix.com
As a result of the use of the Service, the Results will be communicated to the Client.
carbometrix is the exclusive owner of the Results.
As sole owner of the Results, carbometrix has the most extensive rights worldwide on the Results and in particular the right to use, copy, publish, distribute, commercially exploit, reproduce, transform, aggregate and adapt the Results.
In particular, carbometrix aggregates the Results obtained on the basis of the Information submitted by the Clients in a data base that is designed and organized by carbometrix and results from carbometrix’ financial and material investments.
carbometrix is the producer of this database as defined by articles L 341-1 and seqq. of the French Intellectual Property Code, which makes it the sole owner of the database.
6. CLIENT’S RIGHTS OF USE OF THE RESULTS
carbometrix grants the Client with the direct and indirect right to publish, use and communicate internally and externally the Results provided by carbometrix:
- For information and advertising purposes,
- For taking industrial, commercial and organizational measures to improve the carbon footprint generated by the Client.
You are not allowed to commercialise the Results in any form whatsoever.
In all circumstances, you are required to indicate that the Results have been obtained by and are the property of carbometrix.
As the case may be, you can request carbometrix not to publish the Results anymore.
Such request should be done in clear and precise terms at the following address firstname.lastname@example.org
As a consequence of such request, carbometrix will ensure that the Results will no more be published.
For sake of clarity, this does not prevent carbometrix to use the Results in accordance with clause 5 above, as long as the Results are not published.
Please note that any Information shared with the Service are retained by carbometrix on the Service.
7. INTELLECTUAL PROPERTY RIGHTS ON THE SERVICE
The systems, software, structures, infrastructures, databases and content of any kind (texts, images, visuals, logos, brands, databases) used by carbometrix for the Service are protected worldwide by intellectual property rights or database producers’ rights.
You must not, under any circumstances and by any means whatsoever, infringe the intellectual property rights owned to carbometrix.
8. CLIENT’ OBLIGATIONS AND LIABILITY
In your use of the Service and the Results, you undertake and guarantee:
- Not to use the Service for another purpose than the purposes detailed in the present Term of Use,
- Not to impair carbometrix’s property rights on the Results,
- Not cause prejudice to carbometrix,
- Not cause prejudice to a third party,
- To have a strictly personal use of the Service. As a consequence, the Client shall not assign, license or transfer partly or as a whole any rights or obligations pertaining to the present Term of Use.
9. CARBOMETRIX’S LIABILITY AND WARRANTIES
carbometrix undertakes not to publish the Information itself, without prejudice to the possibility to retrace the Information from the Results.
carbometrix undertakes to provide the Service with reasonable diligence and care, it being specified that it has an obligation of means, to the exclusion of any obligation of result, which the Client expressly acknowledges and accepts.
carbometrix shall in no event be held liable for any malfunction, unavailability of access, or misuse of the Service by the Client.
carbometrix does not control, monitor or check the reliability and accuracy of the Information submitted by the Client to the Service.
carbometrix has no duty to check and ensure the reliability and accuracy of the Information submitted by the Client, and carbometrix is thus not able to ensure the reliability of the Results.
To the extent authorized by the applicable law, carbometrix is not responsible for any damage or loss (including, but not limited to, loss of money, loss or corruption of data, loss of reputation or harm to image, or any special, indirect or consequential damages) resulting directly or indirectly from the use of the Service that:
- would be relating to the Information provided by the Client, or
- would be relating to any virus or malware as well as to any damages suffered by your computer equipment resulting from the access of the use of the Service, or
- would be relating to bugs or computer error on our Service.
Furthermore, carbometrix is not liable for any damage or loss (including, but not limited to, loss of money, loss or corruption of data, loss of reputation or image, or any special, indirect or consequential damages) caused to a third party because of the Client’s use of the Service or of the Results.
The Client expressly agrees to use the Service and the Results at his own risk and under his sole responsibility.
10. GOVERNING LAW AND JURISDICTION
In the event that no amicable solution is found to settle any dispute, such dispute should be subject to the competent Paris Court.