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Terms Of Use And Disclaimer

Terms of Use and Disclaimer

Copyright © 2009.  IDEAcarbon Limited. 

IDEAcarbon Limited (“IDEACARBON”), IOMA House, Hope Street, Douglas, Isle of Man IM1 1AP.  Incorporated in the Isle of Man under company number: 116377C.  TEL: +44 (0) 1624 681216; FAX: +44 (0) 1624 681392.   VAT Registration No: GB003 0922 33.

ATTENTION: This legal notice applies to the entire contents of the Website under the domain name www.ideacarbon.com (Website) and to any correspondence by e-mail between us and you. Please read these terms carefully before using the Website. Using the Website indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, do not use the Website. This notice is issued by IDEACARBON Limited, registered office, IOMA House, Hope Street, Douglas, Isle of Man IM1 1AP (IDEACARBON).

Please note that IDEACARBON does not deal with consumers. If you are a consumer, you should not use the website.

Introduction

You may access most areas of the Website without registering your details with us. Certain areas of the Website are only open to you if you register.  By accessing any part of the Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave the Website immediately.  

IDEAcarbon may revise this legal notice at any time by updating this posting. You should check the Website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at the Website.

Use of Information

Persons accessing the Website may not internally or externally, copy, distribute, relay, publish or otherwise deal with, disclose or make available any part of the information, data and other materials available on or through the Website ("the Information") whether in the form received by them or in any other form and may not transfer any part of the Information to another information distribution network or publication system whether external or internal.  The information may only be used for internal business purposes.

Disclaimer

The information is provided “as is” and “as available” on these standard terms and conditions, without any express or implied warranties, particularly as to the merchantability or fitness for a particular purpose of the Information. The Information is accessed and used entirely at the user’s own risk.  IDEACARBON accepts no liability or responsibility for the content of any third party services or data suppliers, or for any third party software.

IDEACARBON does not undertake, warrant or represent that:-

  • access to, possession of or use of the Information is lawful in any particular territory or that users are entitled to access, possess or use any information contained in the Information, or
  • the Information isof any particular quality or of a quality adequate to the user or suitable for any particular purpose (implied or express), or
  • it is under any obligation to provide any assistance or customer support to users for use of the Information.
  • the Website and Information will have uninterrupted availability or be available at any particular time, whether specified or not.

IDEACARBON and all third party data suppliers ("data suppliers") obtain Information for their analysis and forecasts from sources which they consider reliable, but neither IDEACARBON nor any data supplier guarantees the timeliness, accuracy, comprehensiveness or completeness of their analyses and forecasts, or any information contained therein, or their suitability for the particular purpose intended by users.

Statements of opinion contained in the Information are only intended as an aid to internal risk management, to be used in conjunction with other sources, and are not supplied for any other purpose. Accordingly users agree that:

  • they will not make a decision to buy/sell/invest in any rated entity/instrument in reliance on any of the statements set forth in this Legal Notice or the Information. They are advised to make a buy/sell/investment decision in relation to any rated asset/entity/instrument only after carefully considering the risks associated with such asset/entity/instrument as detailed in any offering memorandum or similar document that is prepared by or on behalf of the entity.
  • neither IDEACARBON nor any of its data suppliers are engaged in the offer or sale of any carbon asset/credit or instrument. A report providing a rating is neither a prospectus nor a substitute for the Information assembled, verified and presented to market participants by the originator/seller of carbon credits/assets/ instruments and its agents in connection with the sale of such carbon credits/assets/instruments. ratings may be changed, suspended, or withdrawn at anytime for any reason in the sole discretion of IDEACARBON or its data suppliers.
  • ratings do not comment on the adequacy of market price, the suitability of any carbon credit/asset/instrument for a particular buyer/investor, or the tax-exempt nature or taxability of payments made in respect to any credit/asset/instrument. when undertaking a mandated rating, IDEACARBON or any data supplier receives fees from the entity mandating the rating which is normally the developer/originator. ratings may also be subscribed to by market participants.

The use and interpretation of the Information requires financial skill and judgement. Users warrant that they have such skill and judgement and shall be solely responsible for any opinions, recommendations, forecasts or other comments made or actions taken based on such information, analyses and forecasts.

IDEACarbon will not be liable to users in any circumstances for any delay in delivery or non-delivery of the Information or for any inaccuracy or incompleteness of any part of the Information.

All conditions warranties and representations expressed or implied by statute common law or otherwise in relation to any aspect or part of the Information are excluded and in no event shall IDEACARBON or any data supplier be liable for any negligence or tortious loss or any loss or damage (whether direct or consequential, foreseen or unforeseen including loss of profit or other economic loss) arising out of a service or any part of it.

IDEACARBON’s and the groups’ aggregate liability to the users in respect of the Information or the Website shall be zero unless and until a subscription is payable for the Information (and then shall be governed by IDEACarbon’s standard terms for subscriptions of the Information).

Nothing in this Legal Notice shall limit the liability of IDEACARBON to the subscriber for death or personal injury resulting from its negligence (as defined in the Unfair Contract Terms Act 1977) or for fraudulent misrepresentation or for any liability which cannot be excluded by law.

Confidentiality

Any material or information transmitted to or posted to the Website by the user by any means will be treated as non-confidential and non-proprietary and may be disseminated or stored or used by IDEACARBON or its affiliates for any purpose whatsoever. You may not post or transmit to or from the Website any unlawful, threatening, defamatory, libelous, obscene, scandalous, inflammatory, pornographic or profane material or any other material which could give rise to any civil or criminal liability in any territory, state, province or country to which the Website relates.

Trademarks

The trademarks and logos (the Trademarks) used and displayed on the Website are registered and unregistered trademarks of IDEACARBON and others and may not be used in any manner without the prior written consent of the Trademark owner.

If you have any questions about these terms, or would like information on how to license information from IDEACARBON, please contact us using the contact details provided elsewhere on the Website.

Governing law and Jurisdiction

This legal notice and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the law of England. The parties irrevocably agree that the courts of England have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this legal notice or its subject matter or formation (including non-contractual disputes or claims).