1 Sustainable – GENERAL TERMS & CONDITIONS from 1 March 2022.
Please read these terms and conditions (“Terms”, “Terms and Conditions”, “Agreement”) carefully before using https://1sustainable.com/ (the “Website”, the “Service”) operated by 1 Sustainable (“us”, “we”, “our”, “1 Sustainable”). For the purpose of these terms and conditions, wherever the context so requires, “you” shall mean any natural or legal person who visits, accesses or uses the Website.
By using the website, you certify that you have read and reviewed this document and that you agree to comply with its terms. If you do not want to be bound by the terms of this Agreement, you are advised to leave the Website and/or the service accordingly. 1 Sustainable only grants use and access of this Website, its products, and its services to those who have accepted its terms. These Terms apply to all visitors, users, customers and others who access or use the Website and/or the Service. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, THEN WE KINDLY REQUEST YOU TO PLEASE DO NOT USE THE WEBSITE AND/OR THE SERVICE.
“Ally” means any corporation or other legal entity that controls, is controlled by, or is under common control with a Party.
“Control” means, for purposes of the definitions of “Ally” and “Subsidiary” (a) with respect to a corporation, the control or ownership (directly or indirectly) of fifty percent (50%) or more of the shares or securities of such corporation representing the right to vote for the election of directors, and (b) with respect to any other legal entity, fifty percent (50%) or more ownership interest or control representing the right to make decisions for such entity. An Ally or Subsidiary qualifies as such only for so long as such control exists.
“1 Sustainable” means 1 Sustainable Ltd., which is registered in the UK and whose registration number is SC708086.
“Business Partners” means companies and individuals, offering IT solutions or other services to their or mutual customers, 1 Sustainable’s suppliers, iso20400plus Ltd, iso20400plus Ltd’s suppliers and iso20400plus Ltd’s Sustainable Procurement & Supply Chain (SPSC) Ambassadors. Mutual customers of 1 Sustainable, iso20400plus Ltd and the Business Partner shall have the opportunity of accessing information.
“Export Controls” means any laws, regulations, and restrictive measures (in each case having the force of law) related to the import, export or re-export of goods, technology and services administered, enacted or enforced from time to time by (i) the United States (including without limitation the Department of Commerce’s Bureau of Industry and Security and Department of State’s Directorate of Defense Trade Controls), (ii) the European Union and its member states, (iii) the United Kingdom, or (iv) other jurisdictions with regulatory authority over 1 Sustainable, the Assessed Company(ies) or their respective Allies.
“Party” means 1 Sustainable or the User or the Customer.
“Customer” means any company or any individual dealing with 1 Sustainable, or wish to deal with 1 Sustainable.
“Sanctioned Person” means a legal or natural person that is (i) the subject of Sanctions, (ii) resident in or organized under the laws of a country or territory which is the subject of country- or territory-wide Sanctions currently or within the past five years (including without limitation Cuba, Iran, North Korea, Sudan, Syria, or the Crimea region), or (iii) owned or otherwise controlled by any of the foregoing.
“Sanctions ” means any trade, economic and financial sanctions and embargo laws, regulations, and restrictive measures (in each case having the force of law) administered, enacted or enforced from time to time by (i) the United States (including without limitation the Department of the Treasury’s Office of Foreign Assets Control and Department of State), (ii) the European Union and its member states, (iii) the United Nations, (iv) the United Kingdom, or (v) other jurisdictions with regulatory authority over 1 Sustainable, the Assessed Company(ies) or their respective Allies.
“Content” means posts, links, information, text, graphics, photos, videos, contact details, social media details, address, or other material related directly or indirectly to the Website and/or the Service.
“Service” means the Assessed Company’s Sustainability performance assessment and/or monitoring service and/or Directory Listing and its associated support as well other services offered by 1 Sustainable to its customers.
“Subsidiary(ies)” means any corporation or other legal entity controlled by a Requesting company.
“User” means, collectively, any individual or any organization.
“Raw Data” & “Content” means documents, presentations, posts, links, information, text, graphics, photos, videos, contact details, social media details, address, or other material provided by the Customer for public use.
“Confidential Data” means login details, bank details and financial transactions.
“Processed Data” means reports and database based on information provided for public use but excludes copyright images and logos.
2. Partner / Ally
2.1 iso20400plus Ltd is our Partner / Ally. iso20400plus Ltd performs sustainability, green, eco-friendly, organic, and related certifications on behalf of 1 Sustainable.
2.2 If the Customer has purchased certification service, then iso20400plus Ltd’s terms & conditions applies for the assessment and certification part of the service. You can read iso20400plus Ltd’s terms & conditions at https://iso20400plus.com/general-terms-conditions/
3.1. Except as otherwise expressly authorized by 1 Sustainable, the User and the Customer shall only use the information and documents, of any nature whatsoever concerning 1 Sustainable, to which they might have access for the purpose of the Service.
3.2. It is agreed that confidential information made available by either Party to the other Party in connection the Service shall be kept confidential by the receiving Party, shall be treated by the latter in the same way as it treats equivalent confidential information generated by itself, shall not be used by the receiving Party otherwise than in connection with the implementation of the Service and shall be divulged to such of the receiving Party’s personnel only on a need-to-know basis and when said personnel has undertaken to keep confidential information secret.
3.3. The commitment to keep confidential information secrets shall continue during the continuation of the Service and for a period of five (5) years thereafter. It being understood that these commitments shall cease if the information (i) is or becomes generally known or available to the public through no act or omission of the receiving Party; or (ii) was available lawfully to the receiving Party prior to disclosure or has thereafter been furnished to the receiving party without restrictions as to disclosure or use; or (iii) was subsequent to disclosure independently developed by the receiving Party without use of any confidential information received from the other Party.
3.4.A. For the purpose of the Service, the Customer will submit, provide and/or enter the Raw Data for public use. This includes documents, links, information, text, graphics, photos, videos, contact details, social media details, address, location or other material.
The customer grants 1 Sustainable the non-exclusive, perpetual and royalty-free right, on a worldwide basis, to read, review, process, assess, report and display the Raw Data to deliver services offered by 1 Sustainable and to develop the Processed Data. The Customer warrants and represents that it has all the rights and authorizations that are necessary to use/share/submit/enter the Raw Data for purposes of the Service, and that it can freely grant the above license rights.
3.4.B. If the Assessed Company provides its Raw Data by email, drop-box or any other way to us, then we will consider that Raw Data as non-confidential. In such cases, for the purposes of the Service, the Assessed Company grants 1 Sustainable the non-exclusive, perpetual and royalty-free right, on a worldwide basis, to host, store in cache mode, process, assess, report, certify, reproduce, and display, the information the Assessed Company will supply, and to use such Raw Data to deliver services offered by 1 Sustainable and to develop the Processed Data. The Customer warrants and represents that it has all the rights and authorizations that are necessary to use the Raw Data for purposes of the Service, and that it can freely grant the above license rights.
3.5. Article 3.1 shall not apply to information in the public domain or to information known by the other Party prior to the performance of the Service. Each Party may disclose, without prior notification, approval or consent by the other Party, to tax authorities, local or governmental authorities and courts any confidential information that is required to be disclosed by law, as well as to such Party’s representatives, external counsels, assessors, quality controllers, trainees and advisors, or for audit purposes.
3.6. With regard to the Processed Data, the Customer grants 1 Sustainable, iso20400plus Ltd and its Allies the non-exclusive, perpetual and royalty-free right, on a worldwide basis to share, and communicate it to any third party and to promote this information through any support channels and in any media, including in digital media and channels.
3.7. With regard to the Processed Data, the Customer grants 1 Sustainable, iso20400plus Ltd and its Allies the non-exclusive, perpetual and royalty-free right, on a worldwide basis to sell it to any third party. The revenue generated from such sale shall exclusively belong to 1 Sustainable, and the Customer has no rights whatsoever over it.
3.8. The Processed Data will be on our Website, which is the public domain. There are no fees to be paid to find, capture, analyse, compile and/or share that data.
4. Responsibility of 1 Sustainable
4.1. http://1sustainable.com/ shall be accessible by the Users at any time, 24 hours a day, 7 days a week, except during maintenance periods. 1 Sustainable shall not be responsible for any network-related failures, interruptions, outages, delays, system unavailability and other connectivity problems.
4.2. In the event that 1 Sustainable becomes aware of a data breach incident which is likely to severely compromise the security of the Service, or of the Customer’s Data, 1 Sustainable may, without notice, suspend momentarily the access to the Service in order to remedy the security breach in a timely manner. In such an event, 1 Sustainable shall not incur any liability to Customers or Users. Customers or Users shall not seek any compensation whatsoever from 1 Sustainable.
4.3. 1 Sustainable does not warrant any results from the use of the Service and shall only be held to an obligation to use reasonable endeavours. 1 Sustainable does not warrant that the functionalities of the Service will meet the Users’ requirements or expectations of any kind.
4.4. The Service shall be regarded only as an informative tool and 1 Sustainable cannot be and is not liable for any decision taken by the User or Customer on such basis.
4.5. The Parties hereby acknowledge that no IT system and software is error-free and that not all software errors can be corrected in a cost-effective manner or even that they need to be corrected.
The Parties hereby acknowledge that no human being is error-free and that not all human errors can be corrected in a cost-effective manner or even that they need to be corrected.
The Parties hereby acknowledge that no process is error-free and that not all process errors can be corrected in a cost-effective manner or even that they need to be corrected.
4.6. The Customer’s advertisement will be displayed on the Website for a one (1) year period. Our advertisement listing is based on your sustainability commitments and credentials. You are expected to follow UK Green Claim Code 2021 while advertising on our Website. If your advertisement does not meet UK Green Claim Code 2021; or if any information or circumstances change materially during the period of the advertisement, 1 Sustainable reserves the right to remove or suspend the advertisement, with or without prior notification to the other Party.
5. Responsibility of Customer
5.1. The Customer agrees not to (i) interfere with or attempt to interfere with the proper working of the Service; (ii) post or send to the Service anything that contains a virus, or any harmful files (iii) reverse engineer the Service.
5.2. The Customer shall maintain adequate security measures to safeguard the Service from unauthorized access, use or copying. The User is solely and uniquely responsible for the confidentiality of its employee details. It shall immediately notify 1 Sustainable of any unauthorized use of 1 Sustainable data. The User shall immediately inform 1 Sustainable of any unauthorized access to the Service.
5.3. The Customer shall not without the prior written express consent of 1 Sustainable (i) translate or adapt the Service for any purpose nor arrange or create derivative works based on the Service, (ii) make for any purpose any alterations, modifications, additions or enhancements to the Service (iii) decompile, reverse-engineer or disassemble the Service or any part of it.
5.4 Our Service allows Customers to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the accuracy of such Content.
5.5. The Customer shall ensure that all data communicated is accurate, reliable and complete, and agrees not to post or transmit any unlawful, fraudulent, harassing, libellous, or obscene data.
5.6. The Customer may appoint an administrator or agency to facilitate purchase of the Service.
5.7. While advertising on our Website, the Customer is expected to follow UK’s “The Green Claims Code”. Green claims (also known as environmental claims or eco-friendly claims) are claims that suggest that a product, service, brand or business provides a benefit, or is less harmful to the environment.
Typically, businesses use these claims when promoting or selling their products or services and they can be advertised in a range of ways.
Green claims are genuine when they properly describe the impact of a product, brand, business or service, with evidence to back it up.
Claims can be misleading if any information is untrue or hidden, if information is misrepresented or if it is taken out of context.
When making a green claim, a business should be able to answer ‘yes’ or agree to each of the following statements:
• The claim is accurate and clear for all to understand
• There’s up-to-date, credible evidence to show that the green claim is true
• The claim clearly tells the whole story of a product or service; or relates to one part of the product or service without misleading people about the other parts or the overall impact on the environment
• The claim doesn’t contain partially correct or incorrect aspects or conditions that apply
• Where general claims (eco-friendly, green or sustainable for example) are being made, the claim reflects the whole life cycle of the brand, product, business or service and is justified by the evidence
• If conditions (or caveats) apply to the claim, they’re clearly set out and can be understood by all
• The claim won’t mislead customers or other suppliers
• The claim doesn’t exaggerate its positive environmental impact, or contain anything untrue – whether clearly stated or implied
• Durability or disposability information is clearly explained and labelled
• The claim doesn’t miss out or hide information about the environmental impact that people need to make informed choices
• Information that really can’t fit into the claim can be easily accessed by customers in another way (QR code, website, etc.)
• Features or benefits that are necessary standard features or legal requirements of that product or service type, aren’t claimed as environmental benefits
• If a comparison is being used, the basis of it is fair and accurate, and is clear for all to understand
6. Responsibility of Users
6.1. The User agrees not to (i) interfere with or attempt to interfere with the proper working of the Service; (ii) post or send to the Service anything that contains a virus, or any harmful files (iii) reverse engineer the Service.
6.2. The User shall not without the prior written express consent of 1 Sustainable (i) translate or adapt the Service for any purpose nor arrange or create derivative works based on the Service, (ii) make for any purpose any alterations, modifications, additions or enhancements to the Service (iii) decompile, reverse-engineer or disassemble the Service or any part of it.
7. Compliance with Laws
In connection with the performance of this Agreement, the Parties shall comply with all applicable laws and regulations.
8. Trade Controls
8.1. The User represents and warrants that (i) neither the User nor any of its officers or directors is a Sanctioned Person and (ii) it will not use, and will not allow any party to use, any services provided by 1 Sustainable or its Allies (including, but not limited to, the Service) in connection with doing business with or involving, Cuba, Iran, North Korea, Sudan, Syria, or the Crimea region.
8.2. The User represents and warrants that it will not use, and will not allow any party to use, any services provided by 1 Sustainable or its Allies (including, but not limited to, the Service) in connection with doing business with any Sanctioned Person or for any purpose that would violate, or cause 1 Sustainable or its Allies to violate, Sanctions or Export Controls.
8.3. The User acknowledges and agrees that 1 Sustainable and its Allies are subject to Sanctions and Export Controls and must take measures to ensure compliance with applicable Sanctions and Export Controls.
The User therefore acknowledges and agrees that its access to and use of any services provided by 1 Sustainable or its Allies (including, but not limited to, the Service) (i) is subject to the representations and warranties provided in this Article 8, (ii) may be blocked and suspended in the event of a potential match to a Sanctioned Person, and (iii) may, in the case of such a potential match, require the User to provide information or documentation necessary to confirm its identity.
8.4. The representations, warranties, covenants, or obligations provided in this Article 8 are given only to the extent that they would not result in a violation of or conflict with Council Regulation (EC) No. 2271/96, as amended, any law or regulation implementing Council Regulation (EC) No. 2271/96 in any member state of the European Union, the German Foreign Trade Act or any applicable equivalent law or regulation.
9.1. Users Indemnity. The User shall indemnify, defend and hold 1 Sustainable, and all of their respective present and former officers, members, shareholders, directors, employees, agents, contractors, affiliates, advisors, ambassadors, successors, heirs and assignees, harmless from and against any and all losses, damages, liabilities, obligations, fines, costs, charges, royalties, proceedings, claims and expenses of whatever kind (including, without limitation, reasonable attorneys’ and accountants’ fees, disbursements, and administrative or court costs), incurred by 1 Sustainable in connection with any claim made against 1 Sustainable that arises out of or relates to (i) any breach or alleged violation of any representations, warranties, covenants, or obligations of the User, (ii) the consequences of any unlawful, fraudulent, harassing, libellous, or obscene data, information or documents provided to 1 Sustainable, (iii) due to violation by User of any law, rules and regulations for the time being in force whilst engaged in the performance of its obligations under this Agreement , (iv) the User infringes any third party right, including without limitation, any intellectual property or data privacy rights, or (v) any other act or omission constituting gross negligence or wilful misconduct.
9.2. Indemnification Process. The foregoing indemnification obligations are conditioned on the indemnified party: (a) notifying the indemnifying party promptly in writing of such action, (b) reasonably cooperating and assisting in such defense and (c) giving sole control of the defense and any related settlement negotiations to the indemnifying party with the understanding that the indemnifying party may not settle any claim in a manner that admits guilt or otherwise prejudices the indemnified party, without consent.
9.3. Mitigation. If any Service is, or in 1 Sustainable’s opinion, is, likely to become the subject of any infringement-related claim, then 1 Sustainable will, at its expense and in its discretion: (a) procure for the User the right to continue using the Service; (b) replace or modify the infringing technology or material so that the Service becomes non-infringing and remains materially functionally equivalent; or (c) terminate the Agreement and give the User a refund for any pre-paid but unused fees.
10. Subscription, Fees, Purchases & Sign Ups
10.1. Use of the Service is conditioned by the advance payment of all applicable fees, including a non-refundable, annual or multi-year subscription fee dependent on the plan, as detailed on https://1sustainable.com/ website. Local taxes, including withholding tax shall be paid by the User or respectively shall be charged to the User and their amounts shall not be deducted from the Fees.
10.2. Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring basis based on the service selection selected.
10.3. The Service may be offered on a free basis. Free services are in place to demonstrate our support to sustainability; and/or our respect to your organisation/initiative.
10.4. A processing charge may apply for any method of payment. We invoice in in GBP only. Bank related fees (wire transfer and currency exchange fees, if any), as well as any debt collection services-related fees, shall be borne by the User. Any failure by the User to make any payment when due may result in late payment fees on the past due amount at an amount corresponding to the interest rate permitted under applicable law in the UK. As of 22nd August 2021, this is 8% plus the Bank of England base rate for business-to-business transactions.
11. Intellectual property rights
The entirety of content on the Service, including all methodologies, procedures, management tools, workshops, manuals, software packages, databases, questionnaires, designs, ideas, inventions, expertise, commercial methods, analysis methods, assessment methodologies, assessment results and all other rights covered by intellectual property rights developed, created or acquired by 1 Sustainable prior to supplying the Service, by any other means whatsoever, are and remain the sole and exclusive property of 1 Sustainable. Overall database displayed, advertised and/or listed by 1 Sustainable remains exclusive intellectual property of 1 Sustainable. So 1 Sustainable has the rights to store, share, transfer and/or sell displayed, advertised and/or listed data/information.
All data and individual entries supplied by each User remains the property of this User.
12. Personal Data
Any information/data available/accessible in public domain or social media will not be considered personal information/data.
All our communication clearly mentions about not submitting any personal and sensitive data to 1 Sustainable. For some reason, if we have collected any personal data then the following will apply. While operating the Service and providing the Service, 1 Sustainable, as a data controller, will process personal data in accordance with the UK General Data Protection Act 2018 (hereafter “GDPR”). In connection with this processing, 1 Sustainable will take adequate physical, administrative and technical measures to protect such data against their accidental or unlawful destruction, accidental loss, alteration, disclosure, any unauthorized access, in particular over the Internet, as well as against any form of unlawful processing, in accordance with its Statement of Data Privacy, which can be viewed by clicking on the following link: https://1sustainable.com/privacy-faq/
13. Limitation of liability
13.1. Notwithstanding any other provision in this Agreement, 1 Sustainable shall in no event be liable for any special, incidental, direct, consequential or indirect loss or damage of any kind (including, without limitation, costs of cover, loss of profits, loss of goodwill or anticipated savings, revenue, business, or loss or corruption of data) arising from or relating to this Agreement, including from (i) the use or inability to use the Service, (ii) the use of the Data; or (iii) a User’s breach of its confidentiality obligations, regardless of the form of action.
13.2. In any case the aggregate liability of 1 Sustainable, regardless of the legal ground, shall be strictly limited to the amount of the fees paid by the Assessed Company and/or Requesting Company for the Service under this Agreement in the preceding twelve (12) months.
13.3. In any case the aggregate liability of 1 Sustainable, regardless of the legal ground, shall be strictly limited to the amount of the fees paid by the User for the Service under this Agreement.
13.4. 1 Sustainable does not take any responsibility for unsatisfactory or delayed performance of Service. 1 Sustainable is not responsible and does not assume any liability for third-party content.
14. Termination, Cancellation and Refund
14.1. By availing our service, you authorise 1 Sustainable to start the work immediately, however you have the right to cancel your contract at any time.
14.2. This Agreement shall enter into force on the date the User accepts the General Terms & Conditions. It will continue for an initial term of twelve (12) months, from the date the User submitted its advertisement application for the first time. The Agreement will renew by tacit renewal per period of twelve (12) months each, unless terminated by either of the Parties in accordance with Article 14.3 below.
14.3. The User may terminate the Agreement at any time, for any reason, by discontinuing using the Service and sending a written notification to 1 Sustainable on [email protected]. Cancellation fees may apply to remove advertisement from the website. The User shall have no entitlement for any refund for the prepaid fees. If a refund is agreed but after the service has begun, an administration fee will be retained.
14.4. 1 Sustainable may terminate this Agreement without notice if the User is found to be in material breach of any of the terms of this Agreement.
14.5. 1 Sustainable may terminate this Agreement at any time, for any reason, by sending a written notification (or notification in an electronic form) to the User. In such a situation, the User shall be entitled to receive a refund for the prepaid subscription fees on a pro-rata basis in respect of any Services not received after the date of termination.
Termination in accordance with this Clause 14 shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereafter accrue to the non-defaulting Party. Articles 3, 11 and 13 shall survive any termination of the Agreement.
15. Assignment and transfer
The User shall not assign or transfer the Agreement to any third party without the prior written consent of 1 Sustainable. 1 Sustainable may assign this Agreement to any direct or indirect subsidiaries, affiliates, or to any other third party.
16. Modification & Changes
1 Sustainable reserves the right, at any time, to unilaterally modify, amend or restate the terms of this Agreement, subject to the Users’ ability to terminate the Agreement pursuant to Article 14.3 hereof. The amendment shall have an overriding effect over the original Agreement. The Users will be informed of any such changes by means of publication on the website 1 Sustainable.com or through any other adequate means.
17. Applicable law and jurisdiction clause
This Agreement shall be governed, construed and interpreted in accordance with the laws of Scotland. Any dispute (including non- contractual disputes) arising out of or in connection with the Agreement, which cannot be settled amicably, shall be submitted to the competent court of Scotland, which shall have exclusive jurisdiction notwithstanding the plurality of defendants.
18. Application of the Agreement
The Parties hereby agree that this Agreement constitutes the entire Agreement and sets forth the entirety of their respective rights and obligations relating to the subject matter thereof. This Agreement supersedes all prior agreements, negotiations and discussions between the Parties relating thereto. Any terms or conditions of any purchase order or other documents submitted by the User in connection with the access to or use of the Service that are in addition to, different from, or inconsistent with this Agreement are not binding on 1 Sustainable and are ineffective.
If any provision or part of this Agreement is rendered void, illegal or unenforceable in any respect under any enactment or rule of law, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
No delay or neglect on the part of 1 Sustainable in enforcing against User any term or condition of this Agreement or in exercising any right or remedy under this Agreement shall either be or be deemed to be a waiver or in any way prejudice any right or remedy of 1 Sustainable under this Agreement.
21. Dispute Resolution
21.1. If any dispute arises between the parties, then they shall meet in good faith to proactively resolve the dispute.
21.2. Any dispute which has not been resolved within 10 working days shall be escalated to an appropriate director for each party.
21.3. Either party may, if a dispute has remained unresolved for 30 working days, commence proceeding in accordance with Article 17.
22. Force Majeure
Each Party’s obligations under this Agreement shall be suspended upon the occurrence of a force majeure event such as act of God, flood, earthquake, pandemic, epidemic, quarantine, fire, explosion, act of government, war, civil commotion, insurrection, embargo, riots, lockouts, labour disputes affecting such Party, for such period as such force majeure event may subsist. Upon the occurrence of a force majeure event, the affected Party shall notify the other Party in writing of the same and shall by subsequent written notice after the cessation of such force majeure event inform the other Party of the date on which that Party’s obligation under this Agreement shall be reinstated.
23. Links to Other Web Sites
Our Service contains links to third-party web sites or services that are not owned or controlled by http://1sustainable.com/.
1 Sustainable assumes no responsibility for, the content, privacy policies, or practices of any third- party web sites or services. You further acknowledge and agree that 1 Sustainable shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.