This End User License Agreement (“EULA”) is an agreement between You and Green Circle Solutions Limited (“GCS”, or “We”, or “Our”) and governs Your use of and access to the reporting platform and services at https://www.greencirclesolutions.co.uk/ (the “GCS Platform”).
BY ACCESSING OR USING THE GCS PLATFORM, YOU AGREE TO BE BOUND BY THESE END USER TERMS AND CONDITIONS (“TERMS”). PLEASE READ THEM CAREFULLY, IF YOU DO NOT AGREE TO BE BOUND BY ANY OF OUR TERMS, YOU MUST NOT USE OUR PLATFORM.
If You are entering into these Terms on behalf of an entity, You represent and warrant that You have the authority to bind that entity and all end users of the GCS Platform.
We may change these Terms at any time with or without notice to You by updating them on our website at https://www.greencirclesolutions.co.uk/eula. Please check these Terms regularly to take note of any changes and the current version of terms that apply to your use.
MINIMUM REQUIREMENTS: Please note that your use of the GCS Platform requires that you meet certain browser and software recommended minimum requirements. These currently are: Internet Explorer 114.0 or above; Firefox 114.0 or above; Google Chrome 114.0 or above; Javascript and cookies (secured and session only) must be enabled. GCS does not make any commitments with respect to use or performance of GCS Platform with any browsers or browser versions and does not warrant to optimise applications for mobile phones or tablet devices.
1. Your Registration on the GCS Platform
You have been granted permission to access and use the GCS Platform by an GCS Customer. You must keep your username and password combination secret and secure. You will remain solely liable for any activity occurring under your account. Please inform us immediately if you believe that your account has been compromised or subject to unauthorised use.
2. Our Use of Personal Data
If we process any personal data through your use of the GCS Platform, our use of your personal information is governed by Our Privacy Policy https://www.greencirclesolutions.co.uk/privacy-policy which is incorporated into and forms part of these Terms.
3. Your right to access the GCS Platform
- In consideration of your compliance with these Terms and any other agreement We may have with You, we grant you a non-transferable, non-sublicensable, license to access and use the services we make available generally on the GCS Platform for the purposes of uploading your data to a GCS Customer account.
- Your right to access and use the GCS Platform continues for as long as you are authorised to share your data with an GCS Customer or for as long as you are a GCS Customer yourself.
- We do not control how your data is used or shared by a GCS Customer once uploaded to the GCS Platform.
4. Ownership
- Except for the limited license rights expressly granted in this EULA, GCS reserves all rights in and to the GCS Platform and any modifications to it.
- Your rights to use the GCS Platform are limited to those expressly granted by this EULA. No other rights with respect to the GCS Platform or any related intellectual property rights are granted or implied.
- You undertake to: (a) treat as confidential and keep secret all confidential information contained or embodied in or on the GCS Platform; (b) effect and maintain adequate security measures to safeguard the GCS Platform from access or use by any unauthorised person. Any breach of this clause will result in Your access to the GCS Platform being suspended or permanently terminated without liability.
5. Limitations to the Services.
- We do not back up your data. We recommend that you back up any content and data uploaded to the GCS Platform, we are not liable to you for any loss or damage to data you upload to the GCS Platform. Any data you upload may be irretrievably deleted in the event that your access to GCS is terminated.
- We may suspend or withdraw or restrict the availability of all or any part of the GCS Platform or Services for business and operational reasons or any other reason without notice or liability to you.
- We are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet and You acknowledge that access to the internet, mobile phone networks or other communication media necessary for the provision of Services or use of the GCS Platform is inherently associated with risks including viruses, data security, piracy, availability of services and reliability of data transmission. We do not warrant that any of Service or GCS Platform will be uninterrupted or error-free.
- You agree to release us entirely from any claims, disputes, actions or proceedings arising from or connected to your use of the GCS Platform
6. Uploading Content
You are responsible for ensuring the legality and accuracy of any data which you upload to the GCS Platform. You confirm that you have obtained all necessary licenses and approvals in respect to any data you upload for the purposes for which it is uploaded and you have authority to do so. You grant us a non-exclusive licence to use, store, edit, reproduce, modify and copy that data in order for use to provide our services. We are not liable for any use made of your data by the applicable GCS Customer.
7. Use Restrictions.
- To the extent permissible under applicable law, You agree not to: (i) decompile, disassemble, decrypt, reverse engineer the GCS Platform or otherwise attempt to derive the source code for the GCS Platform; (ii) modify, adapt or create any derivative works based on the GCS Platform. You may not use your access to the GCS Platform to developing, or creating any service that is in any way competitive with the GCS Platform or provide or otherwise make available, the GCS Platform to any person without prior written consent from us.
- You may allow the Use of the GCS Platform by third party service providers to you who have a need to do so in connection with your provision of services to a GCS Customer, provided that you shall always remain fully liable for any breach of the terms of this EULA by any such third parties.
8. Acceptable USE Restrictions
You must: (i) not Use the GCS Platform or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example by hacking into or inserting malicious code, such as viruses or harmful or disruptive data, into the GCS Platform; (ii) not use the GCS Platform in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and (iii) not collect or harvest any information or data from the GCS Platform.
9. Limited Warranty and Disclaimer
The GCS Platform and Services are provided “as is” and we expressly disclaim all warranties, conditions or other terms, whether express, implied or statutory, including without limitation, warranties, conditions or other terms regarding merchantability, fitness for a particular purpose, design, condition, capacity, performance, title, and non-infringement.
10. Limitation of Liability
- In no event will GCS or its licensors be liable for the following, regardless of the theory of liability or whether arising out of the use or inability to use the GCS Platform or otherwise, even if a party been advised of the possibility of such damages: (a) indirect, incidental, exemplary, special or consequential damages; (b) loss or corruption of data or interrupted or loss of business; or (c) loss of revenue, profits, goodwill or anticipated sales or savings.
- Any and all liability of GCS, its affiliates, officers, directors, employees, agents, suppliers and licensors collectively, to You, whether based in warranty, contract, tort (including negligence), or otherwise, is limited to the fullest extent permissible by law. Access to the GCS Platform under these Terms as a responder is provided without liability to GCS of any kind. Nothing in this Agreement limits or excludes any liability that cannot be limited or excluded under applicable law.
- You agree to defend, indemnify and hold GCS harmless from any losses, liabilities, damages, actions, claims or expenses (including legal fees and court costs) arising or resulting from Your breach of any term of this Agreement or caused by acts or omissions performed by You or under Your Account. You assume the entire cost of all necessary servicing, repair, or correction of problems caused by viruses or other harmful components.
11. Data
We only use any personal data we collect through your use of the GCS Platform for the purposes of providing access to the GCS Platform to You. You grant to Us a non-exclusive, perpetual, irrevocable, royalty free license to use any data generated from Your use of the GCS Platform (“Service Data”) (provided that such data is anonymised) for the purpose of: (a) statistical analysis and monitoring, querying and analysing such data for the purpose of providing our services and improving the quality of services We provides to our customers; (b) exercising our rights and fulfilling our other obligations under this Agreement and in respect to the applicable GCS Customer; (c) complying with any applicable governmental or regulatory requirements; and/or (d) any other commercial purposes of GCS.
12. Termination of Licence
- If You breach the license limitations or restrictions in this EULA GCS may, with immediate effect, terminate your access to the GCS Platform without liability to you.
- We may terminate this agreement immediately by written notice to You for any reason. We may also suspend or permanently terminate your access to the GCS Platform at any time without notice to You
- In the event of termination you must immediately cease all activities authorised under these terms.
13. General
- You shall not, without the prior written consent of GCS assign, transfer, charge, sub-contract or deal in any other manner with all or any of Your rights or obligations under this EULA.
- GCS may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this EULA.
- This EULA does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this EULA.
- If any provision (or part of a provision) of this EULA is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
- No failure or delay by GCS to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
- Except as expressly provided in this EULA, the rights and remedies provided under this EULA are in addition to, and not exclusive of, any rights or remedies provided by law.
14. Governing Law
- This Agreement 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 laws of England and Wales, without reference to its conflict of laws principles.
- The Parties irrevocably agree that the courts of England and Wales have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).