Carbon Calculator Terms and Conditions

Thanks for using Fáilte Ireland Carbon Calculator powered by EarthCheck (“Services”).

These Terms of Use (“TOU”) contain the terms under which Fáilte Ireland & Earthcheck provides the Services to you and describe how the Services may be accessed and used. You indicate your agreement to these Terms by using the Services.
 

1. Fees for Services

Fáilte Ireland covers the cost of the Services for your participation in Fáilte Ireland’s Climate Action Programme subject to your compliance with the terms of the Programme, the MoA is between you and Fáilte Ireland and these Terms.
 

2. Provision of Information

Upon signing up for Fáilte Ireland’s Climate Action Programme, Fáilte Ireland agrees to provide the Services. Should the required benchmarking data not be provided by you, Fáilte Ireland will be unable to deliver the intended output from the Services.
 

3. Privacy

In the course of using the Services, you may submit content to Fáilte Ireland (including your personal data and the personal data of others) (your “Content”). We know that by giving us your Content, you are trusting us to treat it appropriately. Fáilte Ireland’s Privacy Policy, together with any privacy statements and privacy notices (collectively, “privacy policies”), detail how we treat your Content and personal data, and we agree to adhere to those privacy policies. You in turn agree that Fáilte Ireland may use and share your Content with EarthCheck in accordance with our privacy policies. Please read the Privacy Policy carefully to understand our views and practices regarding your personal data and how we treat it.
 

4. Confidentiality

Fáilte Ireland and EarthCheck will treat your Content as confidential information and only use and disclose it in accordance with these Terms (including our privacy policies). However, your Content is not regarded as confidential information if such Content:

(a) Is or becomes public (other than through breach of these Terms by EarthCheck or Fáilte Ireland);

(b) Was lawfully known to Fáilte Ireland or EarthCheck before receiving it from you;

(c) Is received by Fáilte Ireland or EarthCheck from a third party without knowledge of breach of any obligation owed to you;

(d) Was independently developed by Fáilte Ireland or EarthCheck without reference to your Content. Fáilte Ireland may disclose your Content when required by law or legal process.
 

5. License to use Your Content

You retain ownership of all of your intellectual property rights in your Content. You grant EarthCheck a worldwide, royalty free license to use, reproduce, distribute, modify, adapt, create derivative works, make publicly available, and otherwise exploit your Content, but only for the limited purposes of providing the Services. You also grant Fáilte Ireland a worldwide, royalty free license to use, reproduce, distribute, modify, adapt, create derivative works, make publicly available, and otherwise exploit your Content in an anonymised aggregate format for the purpose of benchmarking data and report on emission trends in the Irish Tourism Sector, and however else we see fit.
 

6. EarthCheck IP

The Fáilte Ireland Carbon Calculator is powered by Earthcheck. Neither these Terms nor your use of the Services grants you ownership in the Services or the content you access through the Services (other than your Content). These Terms do not grant you any right to use EarthCheck’s intellectual property, trademarks or other brand elements.
 

7. Third Party Resources

Fáilte Ireland may publish links in its Services to internet websites maintained by third parties. Fáilte Ireland does not represent that it has reviewed such third-party websites and is not responsible for them or any content appearing on them. Trademarks displayed in conjunction with the Services are the property of their respective owners.
 

8. Legal Compliance

You must use the Services in compliance with, and only as permitted by, applicable law.
 

9. Your Responsibilities

You are responsible for your conduct, Content, and communications with others while using the Services. You must comply with the following requirements when using the Services:

(a) You may not purchase, use, or access the Services for the purpose of building a competitive product or service or for any other competitive purposes;

(b) Unless permitted by applicable law, you may not deny others access to, or reverse engineer, the Services, or attempt to do so;

(c) You may not transmit any viruses, malware, or other types of malicious software, or links to such software, through the Services;

(d) You may not use the Services to infringe the intellectual property rights of others, or to commit an unlawful activity;

(e) You may not resell or lease the Services.
 

10. Disclaimers

Except as expressly provided in these terms and to the extent permitted by applicable law, the services are provided “as is” and Fáilte Ireland or EarthCheck do not make warranties of any kind, express, implied, or statutory, including those of merchantability, fitness for a particular purpose, and non-infringement or any representations regarding availability, reliability, or accuracy of the Services.
 

11. Exclusion of Certain Liability

To the extent permitted by applicable law, Fáilte Ireland and EarthCheck, its affiliates, officers, employees, agents, suppliers, and licensors will not be liable for:

(a) Any indirect, consequential, special, incidental, punitive, or exemplary damages whatsoever;

(b) Loss of use, data, business, revenues, or profits (in each case whether direct or indirect), arising out of or in connection with the services and these terms, and whether based on contract, tort, strict liability, or any other legal theory, even if Fáilte Ireland and EarthCheck has been advised of the possibility of such damages and even if a remedy fails of its essential purpose.
 

12. Businesses

If you are a business, you will indemnify and hold harmless Fáilte Ireland and its affiliates, officers, agents, and employees from all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of a third-party claim regarding or in connection with your use of the Services or breach of these Terms, to the extent that such liabilities, damages and costs were caused by you or your end users.
 

13. Governing Law

These terms are governed by the laws of Ireland and each party submits to the non-exclusive jurisdiction of the state courts located in Ireland.
 

14. Assignment

You may not assign these Terms without Fáilte Ireland’s prior written consent, which may be withheld in Fáilte Ireland’s sole discretion.
 

15. Earthcheck

Fáilte Ireland’s Carbon Calculator is powered by Earthcheck. For the purpose of the Services Earthcheck will adhere to Fáilte Ireland’s Privacy Policies, Data Protection Policies, and have in place the necessary controls and processes which are in line with EU and Irish law.
 

16. Interpretation

The use of the terms “includes”, “including”, “such as”, and similar terms, will be deemed not to limit what else might be included. If you will be using the Services on behalf of an organisation, you agree to these Terms on behalf of that organisation and you represent that you have the authority to do so. In such case, “you” and “your” will refer to that organisation.
 

17. No Waiver

A party’s failure or delay to enforce a provision under these Terms is not a waiver of its right to do so later.
 

18. Severability

If any provision of these Terms is determined to be unenforceable by a court of competent jurisdiction, that provision will be severed, and the remainder of terms will remain in full effect.
 

19. Survival

The following sections will survive the termination of these Terms: 1, 2, 3, 5, 6, 10, 11, 12, 13 and 16.