1. Introduction
Our Zero provides a carbon footprint calculation tool specifically designed for print media, adhering to ISO 16759:2013 standards. This tool allows users to determine CO2 emissions from print media production and related logistics services using scientifically grounded methodologies and additional CO2 management services (collectively referred to as "Our Zero" or "Services"). Detailed information on the scope and specific terms of use for Our Zero services can be found on the websites www.ourzero.co.uk, www.our-zero.com, www.carbonbalancedmedia.com, and associated micro test sites. Our Zero may engage third parties and subcontractors in the execution of the contract. Customers are not entitled to a specific arrangement or the continuation of certain services. Our Zero reserves the right to modify the functionality and design of its tools without compensation at any time.
2. Scope of Application
These General Terms and Conditions ("GTC") govern the legal relationship between Our Zero and the users of the Our Zero carbon footprint calculation tool (hereinafter referred to as "customer" or "user"), unless otherwise agreed upon in writing with a customer. Conflicting or deviating terms and conditions set forth by the customer will not be recognized. Additionally, our General Licensing Terms and Conditions will apply in their current valid version. By accessing the tool, using Our Zero through www.ourzero.co.uk, www.our-zero.com, www.carbonbalancedmedia.com, or associated micro test sites, or by completing an order, the user acknowledges that they have read, understood, and are bound by these General Terms and Conditions. Our Zero reserves the right to amend these GTC at any time. The revised GTC will be communicated to the customer in writing or through a suitable method (e.g., email) and shall be considered approved within 30 calendar days without written objection from the customer. In the event of discrepancies between the original version of the GTC and any translated version, the original version shall take precedence.
3. Access and Duty of Care of the Customer
As part of using Our Zero, the user is responsible for treating any access data (username and password) confidentially and protecting it against misuse by unauthorized persons. The password should not be recorded or stored unprotected on a device. The customer is advised to change their password regularly. If an interface to Our Zero's calculation tool is set up in a user's operating system, the user is responsible for ensuring that unauthorized persons have no access to the system. The customer bears all consequences resulting from unauthorized use of the access data and the platform. Our Zero is not liable for any damages resulting from unauthorized use of the access data or the platform. The user is solely responsible for the completeness and correctness of the data entered and made available to Our Zero. Our Zero is not responsible for delays or incorrect calculations resulting from incorrect or incomplete data. There is no obligation on the part of Our Zero to verify the accuracy of the data provided by customers. The user indemnifies Our Zero against all claims, legal disputes for damages, costs, and expenses arising from the use of Our Zero by the user or by other persons using their access data.
4. Terms of Use
The customer agrees to use Our Zero properly. The user may not use Our Zero for activities that constitute a violation of the law or infringe upon the rights of third parties. In particular, the following actions and forms of use are prohibited:
- The use of robots, spiders, or other automatic mechanisms or manual procedures to check or access the content of Our Zero;
- Advertising Our Zero in any way or creating the impression that Our Zero is a product of the user, unless Our Zero provides written permission to do so;
- Publishing or distributing on the platform any material that is illegal or contrary to contract, including material that incites a violation of the law, gives rise to liability, or violates any applicable local, state, national, or international law;
- The transmission of unsolicited mass mailings, chain letters, or spam via Our Zero;
- The use of data mining, robots, or similar data collection and extraction tools in connection with Our Zero;
- Any actions that may damage, disable, overburden, or impair Our Zero's platform or networks, or that may interfere with others' use of Our Zero;
- Gaining unauthorized access to Our Zero, other users' accounts, or any computer systems or networks connected to Our Zero;
- Introducing viruses, malware, or other malicious software into Our Zero's platform;
- Sharing or using copyrighted materials without permission from the copyright owner.
In case of a breach of these terms of use, Our Zero reserves the right to take appropriate action, including but not limited to the termination of the user's access to the platform, legal action, and disclosure of information to law enforcement authorities.
5. Intellectual Property Rights
All intellectual property rights, including but not limited to copyrights, trademarks, and trade secrets, related to the content, materials, and services provided by Our Zero, are and shall remain the property of Our Zero or its licensors. The customer acknowledges that they acquire no rights or licenses to any intellectual property by using Our Zero's services.
6. Warranty and Liability
Our Zero strives to provide accurate and up-to-date information and calculations, but does not guarantee the correctness, completeness, or reliability of the results. Our Zero is not responsible for any errors, inaccuracies, or incomplete data provided by the user. Our Zero is not liable for any damages or losses resulting from the use of or reliance on the information and results provided by the platform.
Our Zero's liability for damages, regardless of the legal basis, is excluded to the extent permitted by law. In particular, Our Zero is not liable for indirect or consequential damages, loss of profit, or loss of data.
7. Data Protection
Our Zero is committed to protecting the privacy of its customers. All personal information collected and processed by Our Zero is done so in accordance with applicable data protection laws and regulations. Our Zero's Privacy Policy provides detailed information on the collection, processing, and use of personal data, and can be accessed on the Our Zero website.
8. Termination
Both parties reserve the right to terminate the agreement at any time without notice and without stating any reasons. Termination must be communicated in writing (e.g., email) to the other party. Upon termination, the user's access to Our Zero's platform and services will be discontinued.
9. Severability Clause
If any provision of these General Terms and Conditions is deemed to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that best reflects the original intent of the parties.
10. Applicable Law and Jurisdiction
These General Terms and Conditions are governed by and construed in accordance with the laws of the country in which Our Zero is based, without regard to its conflict of law provisions. Any disputes arising out of or in connection with these General Terms and Conditions shall be subject to the exclusive jurisdiction of the competent courts of the country in which Our Zero is based.
11. Amendments to the General Terms and Conditions
Our Zero reserves the right to modify these General Terms and Conditions at any time. Changes will be communicated to customers in writing or through appropriate means (e.g., email), and will be considered accepted within 30 calendar days of notification unless the customer provides a written objection during this period. By continuing to use Our Zero's services after the new terms become effective, the customer agrees to be bound by the revised General Terms and Conditions.
12. Force Majeure
Neither party shall be held responsible for any failure or delay in fulfilling its obligations under these General Terms and Conditions if such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, labor disputes, natural disasters, epidemics, or government actions.
13. Entire Agreement
These General Terms and Conditions, together with any other documents or policies referenced herein, constitute the entire agreement between Our Zero and the customer concerning the subject matter hereof and supersede any prior or contemporaneous understandings, representations, or agreements, whether oral or written.
14. Assignment
The customer may not assign or transfer any of their rights or obligations under these General Terms and Conditions without the prior written consent of Our Zero. Our Zero may assign or transfer its rights and obligations under these General Terms and Conditions without the customer's consent.
15. Notices
All notices, requests, and other communications under these General Terms and Conditions must be in writing and sent to the contact details provided by the parties. Notices shall be deemed received when delivered personally, on the date of delivery by a reputable international courier service, or on the date sent by email (with confirmation of receipt), whichever occurs first.
16. Waiver
No waiver of any term or condition of these General Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Our Zero's failure to assert any right or provision under these General Terms and Conditions shall not constitute a waiver of such right or provision.
17. Independent Contractors
The relationship between Our Zero and the customer is that of independent contractors. Nothing in these General Terms and Conditions shall be construed as creating a partnership, joint venture, agency, or employment relationship between the parties.
18. Headings
The headings used in these General Terms and Conditions are for convenience only and do not affect the interpretation of the provisions herein.
19. Customer Support
For any questions or concerns regarding Our Zero's services, these General Terms and Conditions, or any other matter, please contact Our Zero's customer support team using the contact information provided on the Our Zero website.