terms and conditions

Carbon Happy World Ltd

Hanover Buildings, 11-13 Hanover Street, Liverpool Merseyside L1 3DW

Registered in England and Wales No. 12700085

Disclaimer

Please note that some provisions in these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or to those Users that do not qualify as Consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all Users.

This website is provided by Carbon Happy World Ltd on an “as is” and “as available” basis.

Carbon Happy World Ltd has taken reasonable care to ensure that information is accurate at the time it was added to this website. The website is intended to provide information and guidance only. Carbon Happy World Ltd is not liable for any incorrect or misrepresented information on this web site.

Carbon Happy World Ltd makes no representations or warranties of any kind, express or implied, as to the operation of the site, the information, content, materials or products, included on this web site. To the full extent permissible by applicable law, Carbon Happy World Ltd disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose.

Carbon Happy World Ltd will not be liable for any damages of any kind arising from the use of this site, including but not limited to direct, indirect, incidental, punitive or consequential damages.

Our Sector Calculators and Software Licence

The carbon happy calculators have been produced on a best efforts basis. The conversion factors used in the calculator come from a over 100 sources amounting to 20000 data sets; including world leading Universities, DEFRA, BEIS’s Greenhouse gas reporting: conversion factors – August 2021, the US Environmental Protection Agency (EPA), US Department for Energy (DOE). Carbon Happy World Ltd, has taken reasonable care to ensure the information is accurate, but cannot be held liable for any errors or omissions. List of sources used is available upon request. Our calculators are reviewed on a regular basis by our team of data analysts.

Any intellectual or industrial property rights, and any other exclusive rights on software or technical applications embedded in or related to Carbon Happy are held by Carbon Happy World Ltd and/or its licensors.

Subject to Users’ compliance with and notwithstanding any divergent provision of these Terms, Carbon Happy World Ltd merely grants Users a revocable, non-exclusive, non-sublicensable and non-transferable licence to use the software and/or any other technical means embedded in the Service within the scope and for the purposes of Carbon Happy and the Service offered.

This licence does not grant Users any rights to access, usage or disclosure of the original source code. All techniques, algorithms, and procedures contained in the software and any documentation thereto related is Carbon Happy World Ltd or its licensors’ sole property.

All rights and licence grants to Users shall immediately terminate upon any termination or expiration of the Agreement

Carbon Happy® and Carbon Happy Licence® are the registered trademarks of Carbon Happy World Ltd

Data service.

The data used per sector is the most relevant available, When ever possible Carbon Happy World Ltd has crossed referenced data sets to verify its veracity. If no other data is available other than one source we have taken that with a view to review periodically.

The service is provided to the User without any obligations regarding support and Carbon Happy World Ltd does not provide any warranties, explicit or implicit, as far as the Service, its design, functionality or accessibility is concerned, which means that Carbon Happy World Ltd has no responsibility towards the User or others in the event the Service on a particular occasion cannot be used by the User (whether this is due to maintenance, updates, technical problems or any other circumstance).

Through its provision of the Service, Carbon Happy World Ltd will not become a party to any agreement or agreement made by the User through the use of the Service and may under no circumstances be held liable to the User for any legal acts effected through the use of the Service or otherwise for consequential or direct, indirect or consequential damages , whether predictable or unpredictable and regardless of the cause of the claim, derived from the User’s use of the Service.

Training Platform

All training materials are the property of Carbon Happy World Ltd and are supported by the PAM Academy training platform. Materials developed that are not commonly available are not for use outside Carbon Happy Training programs.

Carbon Happy AAA Pathway® and Sustainability In Mind® are registered trademarks of Carbon Happy World Ltd

Copyright Use of..

The material and information contained within this website or provided by Carbon Happy World Ltd are for your company’s use per each licence held and may not be distributed or used for commercial purposes beyond the limits of your organisation.

All content included on this website, including but not limited to text, graphics, logos, button icons, images, and software, is the property of Carbon Happy World Ltd or its content suppliers (as applicable) and protected by UK and international copyright laws. Any use, including, but not limited to, the reproduction, modification, distribution, transmission, republication, display or performance of the content on this site is strictly prohibited.

Offsets

Our aim is to take carbon dioxide out of the atmosphere, seas and oceans. To this end we use the quickest and most effective way of removing the excess gases in our environment i.e organic sea plantations.

Availability of credits on projects does change over time. In the unlikely event that carbon credits are no longer available on the particular project you have purchased, Carbon Happy World Ltd will ensure the appropriate amount of carbon dioxide is offset through similar alternative projects, which has at least the same verification or quality standard, and will be of the same general type of project i.e plant growth in oceans and seas.

Carbon Happy will group orders together, and purchase and retire verified carbon credits. This is done periodically. We only choose ocean projects that meet the international reporting standards for absorption of carbon dioxide by sea plant species, specified in the project descriptions.

Data is provided to assess the amount of carbon absorbed per hectare by the Japanese Ministry Of Fisheries, Deakin University, Java University and Berkeley University California, Chung et al 2013 Pusan National University, King Abdullah University of Science and Technology

Insets

Actions taken by the company on their own to reduce emissions within their own facilities and site will be considered as part of the overall Carbon Happy carbon reduction action plan.

Setting Up an Account with Carbon Happy – Business

Account registration

To use the Service, Users must register or create a User account, providing all required data or information in a complete and truthful manner.

Failure to do so will cause unavailability of the Service.

Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by Carbon Happy .

By registering, Users agree to be fully responsible for all activities that occur under their username and password.

Users are required to immediately and unambiguously inform Carbon Happy World Ltd via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.

Account termination

Users can terminate their account and stop using the Service at any time by doing the following:

By directly contacting Carbon Happy World Ltd at the contact details provided in this document.

Refunds will be applied on a pro rata basis, if we are found to be at fault.

Account suspension and deletion

Carbon Happy World Ltd reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts which it deems inappropriate, offensive or in violation of these Terms.

The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.

The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.

Liability and indemnification

EU Users.

Indemnification

The User agrees to indemnify and hold Carbon Happy World Ltd and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees harmless from and against any claim or demand ⁠— including but not limited to lawyer’s fees and costs ⁠— made by any third party due to or in relation with any culpable use of or connection to the Service, violation of these Terms, infringement of any third-party rights or statutory provision by the User or its affiliates, officers, directors, agents, co-branders, partners and employees to the extent allowed by applicable law.

Limitation of liability

Unless otherwise explicitly stated and without prejudice to applicable statutory product liability provisions, Users shall have no right to claim damages against Carbon Happy World Ltd (or any natural or legal person acting on its behalf).

This does not apply to damages to life, health or physical integrity, damages resulting from the breach of an essential contractual obligation such as any obligation strictly necessary to achieve the purpose of the contract, and/or damages resulting from intent or gross negligence, as long as Carbon Happy has been appropriately and correctly used by the User.

Unless damages have been caused by way of intent or gross negligence, or they affect life, health or physical integrity, Carbon Happy World Ltd shall only be liable to the extent of typical and foreseeable damages at the moment the contract was entered into.

Common provisions

Applicable law

This site is created and controlled by Carbon Happy World Ltd in England and Wales. As such, the laws of England and Wales will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws.

No Waiver

Carbon Happy World Ltd’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

Service interruption

To ensure the best possible service level, Carbon Happy World Ltd reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.

Within the limits of law, Carbon Happy World Ltd may also decide to suspend or terminate the Service altogether. If the Service is terminated, Carbon Happy World Ltd will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.

Additionally, the Service might not be available due to reasons outside Carbon Happy World Ltd’s reasonable control, such as “force majeure” (eg. labour actions, infrastructural breakdowns or blackouts etc).

Service reselling

Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of Carbon Happy and of its Service without Carbon Happy World Ltd’s express prior written permission, granted either directly or through a legitimate reselling programme.

Privacy policy

To learn more about the use of their Personal Data, Users may refer to the privacy policy of Carbon Happy .

Intellectual property rights

Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to Carbon Happy are the exclusive property of Carbon Happy World Ltd or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.

All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with Carbon Happy are, and remain, the exclusive property of Carbon Happy World Ltd or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.

Trademarks

The “carbon happy ” logo and the phrase “………….” are trademarks of Carbon Happy World Ltd and may not be used in connection with any other product or service that is not that of Carbon Happy World Ltd in any manner that is likely to cause confusion among its customers, or in any manner disparages Carbon Happy World Ltd.

Changes to these Terms

Carbon Happy World Ltd reserves the right to amend or otherwise modify these Terms at any time. In such cases, Carbon Happy World Ltd will appropriately inform the User of these changes.

Such changes will only affect the relationship with the User for the futur

The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms may entitle either party to terminate the Agreement.

The applicable previous version governs the relationship prior to the User’s acceptance. The User can obtain any previous version from Carbon Happy World Ltd.

If required by applicable law, Carbon Happy World Ltd will specify the date by which the modified Terms will enter into force.

Assignment of contract

Carbon Happy World Ltd reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.

Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of Carbon Happy World Ltd.

Contacts

All communications relating to the use of Carbon Happy must be sent using the contact information stated in this document.

Severability

Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

US Users

Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and Carbon Happy World Ltd with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.

EU Users

Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.

In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.

Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.

Governing law

These Terms are governed by the law of the place where Carbon Happy World Ltd is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.

Exception for European Consumers

However, regardless of the above, if the User qualifies as a European Consumer and has their habitual residence in a country where the law provides for a higher consumer protection standard, such higher standards shall prevail.

Venue of jurisdiction

The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where Carbon Happy World Ltd is based, as displayed in the relevant section of this document.

Exception for European Consumers

The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in Switzerland, Norway or Iceland.

UK Consumers

Consumers based in England and Wales may bring legal proceedings in connection with these Terms in the English and Welsh courts. Consumers based in Scotland may bring legal proceedings in connection with these Terms in either the Scottish or the English courts. Consumers based in Northern Ireland may bring legal proceedings in connection with these Terms in either the Northern Irish or the English courts.

◻ I agree to the terms and conditions set out

GDPR Privacy Policy 2018

Introduction

This policy refers to personal data, which is defined as information concerning any living person (a ‘Data Subject’) that is not already in the public domain.

The General Data Protection Regulations (GDPR) aim to protect and enhance the rights of data subjects. These rights cover the safeguarding of personal data, protection against the unlawful processing of personal data and the unrestricted movement of personal data within the EU.

Carbon Happy World Ltd (Carbon Happy ) is pleased to provide the following GDPR information:

Who we are

Carbon Happy is a sustainability consultancy to businesses, public and third sector organisations and also to consumers.

Personal Data

You do not have to provide any personal data to use our web-site and the carbon calculators, though you may find this beneficial to do so (e.g. for Business Calculator usage).

We may use information collected from you to provide quotations, make telephone contact and to email you legislative and best practice information that we believe to be beneficial to you/your business in terms of your legislative compliance, business reputation and reducing operational costs.

By making initial contact with us (by telephone, email or on-line form) you consent to Carbon Happy maintaining a dialogue towards your request until you request otherwise/ we decide to desist.

Some personal data may be collected about you from the forms and surveys you complete, from records of our correspondence and phone calls and details of your visits to our website, including but not limited to personally-identifying information, e.g. Internet Protocol (IP) addresses. Carbon Happy may from time to time use such information to identify its visitors. Carbon Happy may also collect statistics about the behaviour of visitors to its website.

Carbon Happy’s website uses cookies – strings of information that a website stores on a visitor’s computer. The visitor’s browser provides the website each time the visitor returns. Carbon Happy does not use cookies to identify visitors. Carbon Happy website visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using Carbon Happy’s website.

Any information Carbon Happy holds about you and your business encompasses all the details we hold about you and any sales transactions including any third-party information we have obtained about you from public sources and our own suppliers; e.g. credit referencing agencies.

Carbon Happy will only collect the information needed so that it can provide you with sustainability services; we do not sell or broker your data.

Legal basis for processing any personal data

To meet Carbon Happy contractual obligations to clients and to also respond to inbound enquiries.

To benefit our contacts in terms of their legal compliance.

Legitimate interests pursued by Carbon Happy and/or its clients

To promote the sustainability services offered by Carbon Happy and/or to market the services to Carbon Happy’s existing clients and contacts in the interests of protecting brand reputation/standing, operational costs and general environmental protection and best practice.

Consent

By agreeing to this privacy notice you are consenting to Carbon Happy processing your personal data for the purposes outlined. You can withdraw consent at any time by emailing the info@carbonfootprint.com /phone +44 (0)1256 592599 or writing to us, see last section for full contact details.

Disclosure

Carbon Happy may on occasions pass some personal data to third party suppliers in support of fulfilment of the client request/web-site experience – these include but are not limited to Paypal, Google Analytics, and social media (only on user action – e.g. clicking ’like’ icons). Carbon Happy never knowingly engages with third parties whose own processing is in breach of GDPR. Carbon Happy does not broker or pass on information gained from your engagement with the agency without your consent. However, Carbon Happy may disclose your Personal Information to meet legal obligations, regulations or valid governmental requests. Carbon Happy may also enforce its Terms and Conditions, including investigating potential violations of its Terms and Conditions to detect, prevent or mitigate fraud or security or technical issues; or to protect against imminent harm to the rights, property or safety of Carbon Happy , its clients/staff and wider public.

Retention Policy

Carbon Happy will process personal data during the duration of any contract and will continue to store only the personal data needed for at least 5 years after the contract has expired to meet any legal obligations. After 5 years any personal data not needed may be deleted by us.

Data Storage

Data is held on secure servers, currently based in the EEA.

Your rights as a data subject

At any point whilst Carbon Happy is in possession of or processing your personal data, all data subjects, have the following rights:

  • Right of access – you have the right to request a copy of the information that we hold about you.
  • Right of rectification – you have a right to correct data that we hold about you that is inaccurate or incomplete.
  • Right to be forgotten – in certain circumstances you can ask for the data we hold about you to be erased from our records.
  • Right to restriction of processing – where certain conditions apply to have a right to restrict the processing.
  • Right of portability – you have the right to have the data we hold about you transferred to another organisation.
  • Right to object – you have the right to object to certain types of processing, e.g. direct marketing.
  • Right to object to automated processing, including profiling – you also have the right to be subject to the legal effects of automated processing or profiling.

Should we refuse your request under rights of access, we will provide you with a reason as to why, which you have the right to legally challenge.

Carbon Happy at your request can confirm what information is held about you and how it is processed

You can request the following information:

  • Identity and the contact details of the person or organisation (Carbon Happy ) that has determined how and why to process your data.
  • Contact details of the data protection officer (DPO), where applicable.
  • The purpose of the processing as well as the legal basis for processing.
  • If the processing is based on the legitimate interests of Carbon Happy or a third party such as one of its clients, information about those interests.
  • The categories of personal data collected, stored and processed.
  • Recipient(s) or categories of recipients that the data is/will be disclosed to.
  • How long the data will be stored.
  • Details of your rights to correct, erase, restrict or object to such processing.
  • Information about your right to withdraw consent at any time.
  • How to lodge a complaint with the supervisory authority (ICO).
  • Whether the provision of personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as whether you are obliged to provide the personal data and the possible consequences of failing to provide such data.
  • The source of personal data if it wasn’t collected directly from you.
  • Any details and information of automated decision making (e.g. such as profiling), and any meaningful information about the logic involved, as well as the significance and expected consequences of such processing

To access what personal data is held, identification will be required

Carbon Happy will accept the following forms of ID when information on your personal data is requested:

Copy driving licence, passport, birth certificate and recent utility bill (<three months old). One piece of photographic ID (listed above) is needed. We reserve the right to ask for further information should we be dissatisfied with the ID provided.

Complaints

Carbon Happy World Ltd

Hanover Buildings, 11-13 Hanover Street, Liverpool Merseyside L1 3DW

Consent(Required)