Last Updated: 03 Sep 2024
Terms and Conditions – Rewards Programme
Thank you for subscribing to our Reward Programme!
These Terms and Conditions (“Terms“) are a binding legal agreement (“Agreement“) between you and Abatable (as defined below). When used in these Terms, “Abatable”, “Company”, “we”, “us” and “our” refers to ZERO IMPRINT LIMITED (t/a ABATABLE), a company incorporated under the laws of England and Wales (Company No. 13366032).
If you subscribe to our Reward Programme on behalf, in representation of or as part of a business entity, you agree to these Terms on behalf of that business entity and you represent that you have the authority to do so. In such case, “Partner“, “you” or “your” will refer to that business entity.
Please read the Terms carefully before completing the sign-up process to our Reward Programme and using the Abatable platform (“Platform“). If you do not agree to all the Terms, you will not be able to participate in our Reward Programme or access and use the Platform for such purpose.
1. BACKGROUND
Abatable is a carbon procurement and market intelligence company that creates solutions that help organisations use the power of the carbon market to achieve maximum impact for the planet. In connection with Abatable’s Market Intelligence solution, Abatable has implemented a Rewards Programme to enter into a series of non-exclusive data partnerships in which, in return for providing certain information to Abatable for use in connection with its Market Intelligence solution, Partners are rewarded on the terms and conditions set out in this Terms.
2. JOINING THE PROGRAMME, TERM AND TERMINATION
These Terms shall come into force upon your application to the Rewards Programme via our website and shall remain in effect until the rejection or termination of your subscription as per the terms below.
Upon submitting your application, you will be directed to our Platform to create or sign into your account. Within ten (10) days of your application, you are required to submit data for historical trades that cover the last six (6) months of operations or at least twenty (20) trades using the template provided by us.
Upon receiving your first data submission, we will review it and other relevant information to determine whether to accept you into the Rewards Programme. Acceptance into the Rewards Programme is at our sole discretion. We reserve the right to reject any application for any reason, without the obligation to provide an explanation. If your application is rejected, these Terms will immediately terminate with respect to the Rewards Programme. You will not become a participant in the Rewards Programme. However, you may continue to use the platform and its other features in accordance with the Platform’s general Terms and Conditions.
If your application is accepted, your subscription to the Rewards Programme shall commence on the day that we notify you of your acceptance (the “Notification Date”) and it shall continue until the first anniversary of the Notification Date (“Initial Term“). At the end of the Initial Term (and each Renewal Term) your subscription and these Terms shall automatically renew for periods of 12 months (each a “Renewal Term“, and together with the Initial Term, the “Term”) unless either you or we provide the other party with a written notice of non-renewal at least 30 days prior to the date of expiry of the Initial Term (or the then-current Renewal Term). Abatable may terminate your subscription and these Terms and exclude you from the Rewards Programme by notice in writing with immediate effect in the event that: (a) Abatable reasonably determines that any information disclosed by you is materially incomplete or inaccurate; or (b) you fail to comply with your obligations in Clause 3 or breach any other of the Terms.
3. REWARD AND COMMITMENTS
Your disclosure obligations during the Term are
| Commitment | Cadence |
| Data for historical trades that cover the last 6 months or at least 20 trades using the template providedby Abatable | One-time, within 10 days from applying to join the Rewards Programme |
| Data for all new quotes using the template provided by Abatable | On a quarterly basis, provided within 7 days from the end of the calendar quarter |
| Data for all new trades using the template provided by Abatable | On a quarterly basis, provided within 7 days from the end of the calendar quarter |
| Participate in Abatable’s Monthly Development Cost Survey | On a monthly basis, within 7 days from the end of the month |
Additionally, you agree to provide Abatable with feedback on the Platform and/or Reward Programme, as requested.
In consideration for your compliance with the information disclosure requirements, and for so long as such compliance persists, Abatable shall provide you with free access to one seat to the Market Intelligence solution (“Reward“) for the duration of your participation in the Rewards Programme, the provision of which is governed by separate terms and conditions between Abatable and its Market Intelligence solution customers. You undertake to be bound by the terms applicable to Company’s Market Intelligence Platform (“MIS Terms“), which are available at the following link:
https://app.abatable.com/market-intelligence/terms-and-conditions
We both acknowledge and agree that Section 2 of the MIS Terms, relating to Payment and Terms do not apply.
In consideration of Abatable’s provision of the Reward, you hereby grant to Abatable a non-exclusive, worldwide, irrevocable, perpetual, unrestricted, payments and royalty-free, transferable, sub-licensable licence to use, manipulate and commercially exploit in connection with Abatable’s and its related companies’ business activities, all data or information disclosed by you pursuant to this Terms (“Data“). For avoidance of doubt, this means that you agree for us to share any quotes with other prospective third party buyers. This licence survives expiry or termination of this Terms, for any cause.
Save as expressly stated in this Terms and/or in the MIS Terms, all rights in respect of each party’s proprietary rights are hereby reserved.
We both acknowledge and agree that the contractual relationship established by this Terms is non-exclusive.
4. WARRANTIES AND LIABILITY
Partner warrants that it has the right to licence the receipt and use of the Data as specified in this Terms. Partner undertakes to defend Abatable from and against any claim or action that the provision, receipt or use of the Data (wholly or in part) infringes any intellectual property right of a third party (“IPR Claim”) and shall be responsible for any losses, damages, costs (including all legal fees) and expenses incurred by or awarded against Abatable as a result of, or in connection with, any such IPR Claim.
Save to the extent set out in the MIS Terms (where applicable), all warranties, representations, conditions and any other terms implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from these Terms.
Neither party shall be liable to the other for any economic loss (including, without limitation, cost of replacement services, loss of profit or loss of goodwill) or any indirect, consequential, incidental or special losses or damages of any kind.
Any claim by you in any way related to, or arising out of these Terms shall be limited to your actual, direct damages, provided however, that the aggregate of all such actual, direct damages shall not under any circumstance exceed £1,000 (“Liability Cap”).
5. CONFIDENTIALITY
Except as otherwise permitted under these Terms, each party (“Receiving Party“) undertakes to maintain the confidentiality of all confidential information disclosed by the other party (“Disclosing Party“) pursuant to this Terms. The foregoing obligations of confidentiality shall not apply to information of the Disclosing Party which: (a) was already lawfully in the Receiving Party’s possession at the time of disclosure; (b) is or becomes part of the public domain through no fault of the Receiving Party; (c) is obtained by the Receiving Party from a third party who has a right to disclose it; (d) can be shown to have been developed by the Receiving Party without benefit of any disclosure under this Terms; or (e) is specifically required to be disclosed by law or pursuant to an order of any court of competent jurisdiction. The obligations set out in this clause shall survive termination or expiry of this Agreement. For the avoidance of doubt, this clause shall not be interpreted to limit in any way the licence granted by Partner to Abatable under clause 3.
6. CHANGES AND UPDATES
Abatable reserves the right, at its sole discretion, to update, change or replace any part of these Terms by posting updates and changes to Company’s website, including modifying the method by which Data is to be shared by Partner or the Reward. We will make our best efforts to notify you, but it is your responsibility to check Abatable’s website periodically for changes. Your continued use of or access to the Platform and submission of Data following the posting of any changes to these Terms constitutes your acceptance of those changes.
7. GENERAL
Each party to these Terms is an independent contractor.
A waiver of any right under this Terms is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and the circumstances for which it is given.
If any provision of this Terms is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of this Terms and the remainder of the provision in question shall not be affected.
This Agreement is not assignable, transferable or sublicensable by you except with Abatable’s prior written consent. Abatable may transfer and assign any of its rights and obligations under this Agreement without consent.
All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. Abatable occasionally sends notices to the email address registered with your account. You must keep your email address and, where applicable, your contact details associated with your account current and accurate. Any notices to Abatable should be sent to [email protected].
These Terms comprise the entire understanding of the parties and supersedes all prior proposals and commitments relating to its subject matter.
A person who is not a party to these Terms shall not have any rights under or in connection with it, whether under the Contract (Rights of Third Parties) Act 1999 or otherwise.
These Terms shall be governed by the laws of England and Wales and the parties hereby submit to the non-exclusive jurisdiction of the courts of England.
8. CONTACT INFORMATION
Questions about these Terms and Conditions should be sent to Abatable at [email protected]