Terms of Use

Last updated on 31st October 2024.

Contract

Please read these terms of use (“Terms”) carefully before using TrackZero web platforms and the services provided by Track Zero Labs Ltd (“TrackZero”, "we", "us", "our") a company registered in England and Wales under company number 15201624.
These Terms are a legally binding contract between you and us and the company, firm or organisation represented by you. You represent and warrant that you are authorised to enter into this contract on behalf of the company, firm or organisation represented by you. A reference to “you” or “your” is a reference to both you and any entity or firm you are authorised to represent.
By creating an account, accessing, or using TrackZero, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use TrackZero and/or create or attempt to create an account. We recommend that you print a copy of these Terms for future reference.
The following additional terms also apply to your use of TrackZero and your account:
1. Our Privacy Policy, which sets out the terms on which we process personal data;
2. Our Cookie Policy, which sets out information about the cookies on TrackZero; and
3. Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of TrackZero. When using TrackZero you must comply with this Acceptable Use Policy
Click on the links below to go straight to more information on each area:

Who we are and contacting each other

The registered office of Track Zero Labs Ltd is at X+Why, Unity Place, 200 Grafton Gate, Milton Keynes MK9 1UP and our VAT number is 461830105. To contact us, please email .
TrackZero enables businesses to measure and report their carbon footprint, plan carbon reduction strategies, and take climate action to reduce their carbon footprint, for a fee.
1. Businesses are represented on the platform as a “TrackZero Organisation”.
2. A TrackZero “Manager” is a user who creates a TrackZero Organisation and is responsible for paying for a subscription, managing the TrackZero Organisation and inviting additional users to collaborate with. The Manager is responsible for the TrackZero Organisation they create.
3. A TrackZero “Collaborator” is a user who is invited by a Manager to use our services. If you are a Collaborator you must also accept these terms to use our services.
4. A TrackZero “Partner” is a user who has access to our partner programme. Depending on their privileges, a Partner may have the same responsibilities of a TrackZero Organisation as a Manager. If you participate in our partner programme, you must also accept our additional partner terms.
We may contact you by email/ phone using the email/phone provided when you sign up to TrackZero or within TrackZero. You agree to keep your contact information up to date. If you do not keep your contact information up to date you may not receive important notifications about your account, TrackZero and/or any service we are providing to you.

We may make changes to these terms

We may amend these Terms from time to time by updating them on TrackZero. Every time you wish to use TrackZero, please check these Terms to ensure you understand the terms that apply at that time.

We may make changes to TrackZero

We may update and change TrackZero from time to time to reflect changes to our services, our users’ needs and our business priorities. We will try to give you reasonable notice of any major changes.

Services & Fees

You may sign up for certain TrackZero services, as agreed between you and us. You acknowledge that we may refuse your request for certain TrackZero services at our absolute discretion. Where we agree to provide you with TrackZero services, we shall use all reasonable endeavours to provide those TrackZero services to you in accordance with the applicable specification and/or description for those services provided by us.
TrackZero services are sold on a subscription basis and are automatically charged to the payment method setup and selected by a Manager at the beginning of each subscription period. You will be charged the annual or monthly rate (presented to you before you subscribed), subject to our right to increase charges as set out below.
A Manager, or associated Partner, can cancel your subscription at any time by following the instructions provided. A Manager, or associated Partner, must cancel your subscription before the end of the then-current subscription period to avoid being charged for the next subscription period.
A Manager, or associated Partner, can amend your subscription by following the instructions provided. A Manager, or associated Partner, must make any changes before the end of the then-current subscription period to ensure that any changes take effect in the next subscription period otherwise you will continue to be charged for your subscription.
You will pay our charges for the TrackZero services you have signed up to, as agreed between you and us. Our charges may be varied from time to time subject to us providing 30 days’ prior notice to you.
Subscription charges are non-refundable. If you cancel a subscription part way through a subscription period then you will not receive a refund for the unused part of that period. If we terminate or suspend your subscription to the TrackZero services then you will not be entitled to any refund. You will still be charged for the subscription charges due if we suspend your access in accordance with these Terms.
TrackZero may offer you additional services - such as carbon reduction services, carbon offset projects, and consultancy services. These might incur additional fees and may have additional terms that we will present to you when you purchase those services.
If you fail to pay our charges on time then without prejudice to any of our other rights and remedies we may charge you interest on your outstanding balance in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 as amended from time to time. We also reserve the right to suspend your access to TrackZero and/or your account.
The calculations made by TrackZero are estimations based on a proprietary methodology which incorporates activity-based and spend-based data. The resulting outputs are not independently verified.
The calculations that are made to estimate your emissions are based on:
1. the activity data you input about your operations and energy usage; and
2. the data you input about your supply chain; and
3. a comprehensive range of recognised third party data sets which are dynamic in nature and may change over time.

Availability and suspending or withdrawing TrackZero

We do not guarantee that TrackZero, or any content on it, will always be available or be uninterrupted. Nor do we guarantee that TrackZero will be secure or free from bugs or viruses.
We may suspend or withdraw or restrict the availability of all or any part of TrackZero for business and operational reasons (including without limitation maintenance and updates). We will try to give you reasonable notice of any suspension or withdrawal.

Your account

Your account must be in your real name. You must be 16 or over to have an account.
You will not be eligible to open an account if you already have an account with us or had an account which was permanently suspended or terminated by us.
Creating an account with false information, on behalf of others or persons under the age of 16 is a breach of these Terms.
Your account is personal to you and must not be used, sold or transferred to others. If you attempt to sell or transfer your account to a third party or allow a third party to use your account, we may prevent you from accessing your account and/or may suspend or terminate your account on a permanent or temporary basis.
We may refuse to open an account without any reason.

TrackZero Organisations

You are solely responsible for setting up and managing the TrackZero Organisation that you create and/or own (we’ve referred to it as ‘your’ TrackZero Organisation in these terms). You are responsible for moderating content, controlling access and updating information in respect of your TrackZero Organisation.
You take full responsibility for resolving any disputes with any Collaborators over access to your TrackZero Organisation and are responsible for all your Collaborators activity with respect to your TrackZero Organisation.
Contact information of Collaborators may be made available to your TrackZero Organisation in order to facilitate communications. A TrackZero Organisation may use the contact information of Collaborators solely to communicate with a Collaborators for purposes related to their TrackZero Organisation or the reasonably assumed interests of the Collaborator who has joined the TrackZero Organisation. In no event may you: i) sell contact information of a Collaborator to a third-party, or ii) or use or disclose it for commercial purposes unrelated to the TrackZero Organisation or the interest of the Collaborator.
You are aware that when you join a TrackZero Organisation the Manager is responsible for managing that TrackZero Organisation. This includes who they invite and all content, discussions, or otherwise which takes place in the TrackZero Organisation on TrackZero. The Manager will be responsible for moderating content, controlling access and updating organisation information.
A Manager may remove you (or any User Content you post) from its TrackZero Organisation without any reason and without notice. A Manager may also choose to close the TrackZero Organisation account at any time without any reason.

You must keep your account details safe

You must treat your account details (meaning your username, password and any other security information relating to your account) as confidential. You must not disclose it to any third party. You are responsible for keeping your account details safe and secure.
You agree to use a strong and secure password, which must be changed at regular intervals and to keep your password and username confidential and not to disclose it to a third party. You are responsible for anything that happens through your account unless you close it or report misuse.
We have the right to disable any username or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.If you know or suspect that anyone other than you knows your account details, you must promptly notify us using the contact details above.

User content

You are solely responsible for the information and content that you submit or upload to TrackZero (“User Content”). All User Content that you upload to TrackZero must comply with the Content Standards set out in our Acceptable Use Policy.
You retain all ownership rights in your User Content. Once you upload User Content to TrackZero, you give us a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, transferable, licence to copy, transmit, store, analyse, and back up all data you submit to us through our services including personal data of yourself and others, to: enable you to use our services; allow us to improve, develop and protect our services; create new services; communicate with you about your subscription; send you information we think may be of interest to you based on your marketing preferences; and disclose to third party service providers and partners to enable and support such purposes. This is subject to the terms of our Privacy Policy.
You warrant that your User Content does comply with the Content Standards set out in our Acceptable Use Policy, and you will be liable to us and will reimburse us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
We reserve the right to remove any User Content if, in our opinion, any of your User Content does not comply with the Content Standards set out in our Acceptable Use Policy. We may also take any of the actions set out in paragraph 15.1.
In addition to all of our rights set out above, we reserve the right to take down any User Content at any time without notice and without having to give a reason.
Any User Content that you post or information and content that you share as well as your username and profile may be seen by others, as explained further in the 'Sharing Of Your Personal Data' section in our Privacy Policy. You agree that others may comment, reply on, or share, your User Content.
We may refuse to publish any User Content or any other information or content on TrackZero and can remove it with or without notice.
We have the right to disclose your identity to any third party who is claiming that your User Content constitutes a violation of their intellectual property rights, or of their right to privacy.
You are solely responsible for securing and backing up your original User Content. We cannot be responsible for storing User Content.
We generally do not verify, review or approve content uploaded by others. The views expressed by other users on TrackZero do not represent our views or values. We are not responsible for others’ content or information.
You are responsible for managing your TrackZero Organisation and that includes removing content where a Collaborator uploads or posts content that is inaccurate, offensive, indecent or inappropriate or does not comply with the Content Standards set out in our Acceptable Use Policy.
If a Collaborator reports content in respect of your Organisation then you will be notified. You must ensure that you take appropriate action immediately. You must also report such to us immediately. We reserve the right to remove the content. We will not be liable for any damages you or any user alleges to incur as a result of such content.
You agree to indemnify us against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with your use of TrackZero, TrackZero services (including any subscription services) and/or your Organisation(s) including without limitation your collection or use of any user data and/or your actions or inactions in respect of any report made to you by a user regarding any content on your Organisation.

Intellectual property rights

The copyright and all other intellectual property rights in TrackZero (including all database rights, trademarks, service marks, trading names, text, graphics, code, files, links and other materials published on it) belong to us or our licensor(s). We reserve all rights.
You must not copy, transmit, modify, republish, store (in whole or in part), frame, pass-off or link to any material or information on or downloaded from TrackZero without our prior written consent.
You must not use any part of the content on TrackZero for commercial purposes or disclose, copy, create derivative works or otherwise make such content available to any third party without our prior specific written consent.
You grant us a non-exclusive, royalty free, licence to use your name and logo(s) in connection with TrackZero and the services that we offer. If We wish to use your name or logos for any purpose other than as set out in this paragraph or in connection with the provision of TrackZero, we shall obtain your prior consent.

Do not rely on information on TrackZero

Although we make reasonable efforts to update the information published by us on TrackZero, we make no representations, warranties or guarantees, whether express or implied, that the content on TrackZero is accurate, complete or up to date.
You acknowledge that you are liable for all details of your TrackZero Organisation. We do not verify the information or details and give no warranties or representations as to their accuracy or completeness.

We are not responsible for websites we link to

Where TrackZero contains links to other sites and resources provided by third parties, it is provided for information only. It should not be interpreted as approval by us. We do not accept any responsibility for information provided by you or other users – this is solely your responsibility.

Data Protection

Our Privacy Policy sets out the way in which we will collect and process data. In addition, where you provide personal data to us, you will ensure that you have a lawful basis on which to enable lawful transfer of the personal data to us. You will provide evidence of your assessment of the lawful basis for sharing personal data along with all policy and procedural documents which are necessary to support your assessment.
You agree that you will comply with the terms of use for users and our privacy policy when collecting, using or otherwise processing any personal data related to users. If you process data about users, you must ensure that you have a legal basis for doing so and that your processing is in compliance with applicable laws (including by clearly informing users about your processing and obtaining their unambiguous consent where necessary). You are responsible for your processing of this data, including with respect to any secondary uses, disclosures or transfers of the data.

Termination

We may terminate or suspend your account and prevent you from accessing your account and/or TrackZero (on a temporary or permanent basis) and/or provision of any TrackZero services, if at any time:
1. we believe that you have breached these Terms or any other terms that apply to you (as set out in paragraph 1.3);
2. we believe that you have acted in a way which is unlawful;
3. we believe that you have acted in a way which might bring or tend to bring us or our brand into disrepute and/or damage our reputation and/or goodwill;
4. we are unable to verify information provided by you; or
5. you suffer an insolvency event.
If we terminate or suspend your account you shall no longer be permitted to use TrackZero (including any TrackZero services) or access to and/or use of your account or, in the case of a temporary suspension, for the duration of that suspension. We may also disable or delete your TrackZero Organisation(s).
We may terminate this contract at any time without any reason by giving you notice. On termination, you will lose the right to access and use TrackZero (including any TrackZero services and TrackZero Organisation(s) and your account. We will disable and delete your TrackZero Organisation(s).

Our responsibility for loss or damage suffered by you

We do not exclude or limit our liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
Subject to paragraph 16.1, we will not be liable for:
1. any failures due to software or internet errors or unavailability, or any other circumstances beyond our reasonable control; or
2. loss of your password or username caused by a breakdown, error, loss of power or otherwise caused by or to your computer system.
We will not be liable for any loss or damage caused by a virus, distributed denial of service attack or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of TrackZero or to your downloading of any content on it, or any website linked to it.
We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
1. use of, or inability to use, TrackZero; or
2. use of or reliance on any content displayed on TrackZero.
In particular, we will not be liable for:
1. loss of profits, sales, business, or revenue;
2. business interruption;
3. loss of anticipated savings;
4. loss of business opportunity, goodwill or reputation; or
5. any indirect or consequential loss or damage.
Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this contract shall be limited to 125% of the total charges paid by you to us during the 12 months immediately preceding the date on which the claim arose.

We may transfer this contract to someone else

We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. You are not permitted to transfer your rights and obligations without our consent.

Which country's laws apply to any disputes

These Terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction.

General

This contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this contract.
If a court finds part of this contract illegal, the rest will continue in force.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
We shall not be in breach of these Terms nor liable for delay in performing, or failure to perform, any of our obligations under this contract if such delay or failure result from events, circumstances or causes beyond our reasonable control, including acts of God, acts of government, acts of terror or civil unrest, technical failures beyond our reasonable control (including, without limitation, inability to access the internet), or acts undertaken by third parties, including without limitation, distributed denial of service attacks.