1. Introduction
1.1 Please read this Agreement carefully before applying to subscribe to or access the online materials and information available on the website (the ‘Online Service’) operated by Sustain RE Ltd (‘Sustain’, ‘our’, ‘we’ or ‘us’) which includes all its parents, subsidiaries, and other affiliates. In particular, we draw your attention to clauses 9 (Website Links ) and 11 (Liability).
These terms apply regardless of whatever user device you are using (including desktop, laptop or mobile web browser, digital television, mobile phones, mobile apps, or any other technology whether now known or developed in the future)
1.2 By subscribing to or accessing the Online Service you agree to be legally bound by these terms and conditions as they may be modified and posted on our website from time to time.
1.3 If you do not wish to be bound by these terms and conditions then you may not subscribe to the Online Service.
2. Nature of our website
2.1 Please note that our website is available only to individuals that can form legally binding contracts under applicable law. As a business and commercial service, this website is not intended for use by minors.
3. Conditions of access to the Online Service
3.1 Free access without registration is permitted to the Online Service on a limited basis. Further access to the Online Service may be granted to you following registration, which is also free of charge. Full access to the Online Service is only available to subscribers. For full details of access and available subscription packages – visit sustain-re.com/subscriptions
3.2 When you access, register or subscribe to the Online Service, Sustain grants you a non-exclusive, non-transferable licence to use the Online Service to the extent set out in 3.1 above. This licence to use the Online Service (‘Materials’) is granted on the terms and conditions of this Agreement and any additional conditions applicable to particular Materials, as set out here (‘Additional Conditions’).
3.3 If any part of the Additional Conditions is inconsistent with any provision of this Subscription Agreement, the Additional Conditions will prevail, but only to the extent of the inconsistency.
3.4 In relation to the Online Service:
a) you may:
(i) display Materials electronically on a single computer or mobile device to one person at any one time;
(ii) download and store one copy of the Materials in machine readable form; and
(iii) print one copy of the Materials;
(iv) use the sharing tools where provided to share links to individual articles.
(v) quote brief excerpts from articles or summarise articles provided Sustain RE is credited and you link back to the original article.
b) you may not:
(i) download, store, reproduce, transmit, display, copy, distribute or use Materials other than in accordance with sub-clause 3.3(a) above;
(ii) sub-license, rent, lease, transfer or attempt to assign the rights in the Materials to any other person and any dealing in contravention of this clause 3.3(b)(iv) shall be ineffective;
(iii) make the Materials available on an internal network or elsewhere on the internet;
(iv) use the Materials in any manner, or transfer or export the Materials or any copies into any country, other than in compliance with applicable laws; or
(v) allow any other person to use the Materials other than in accordance with the terms and conditions of this Subscription Agreement.
3.5 Unless otherwise specified in the Additional Conditions, the Materials are presented solely for your private, personal and non-commercial use, and may not be re-sold.
3.6 Sustain RE Ltd may terminate or suspend your use of the Online Service at any time if you are found in breach of any of these terms or the Additional Conditions. In these circumstances you will not be entitled to any refund.
4. Modifications to the Online Service
We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of the Online Service, including your access to it. Unless explicitly stated to the contrary any new features will be subject to these terms and conditions. Please note that although we try to ensure that the content of our website and/or the Online Service is accurate, our website and/or the Online Service may contain typographical errors or other inaccuracies.
5. Information you provide
5.1 The following applies to any information you provide to us, for example, during any registration or subscription process.
a) All personal information provided to us will be handled in accordance to Sustain RE’s privacy policy.
b) If you obtain or choose to buy services through our website then we may collect information about your buying behaviour and if you send us personal correspondence such as emails or letters or post reviews or other messages on the bulletin boards or in the chat areas then we may collect this information into a file specific to you (together, the various purposes set out in this paragraph and in our privacy policy shall be known as ‘the Purposes’). All such information collected by us shall be referred to in these terms and conditions as ‘Personal Information’.
c) You must ensure that the Personal Information you provide is accurate and complete and that all registration details (where applicable) contain your correct name, address and other requested details. For more information about how we deal with your Personal Information, please read our privacy policy.
5.2 By accepting these terms and conditions, you agree to the processing and disclosure of the Personal Information for the Purposes. If you would like to review or modify any part of your Personal Information then you should contact us directly.
6. Security
You are solely responsible in all respects for all use of and for protecting the confidentiality of any username, email verification and password that may be given to you or selected by you for access to the Online Service. You may not share these with or transfer them to any third parties. You must notify Sustain RE Ltd immediately of any unauthorised use of them or any other breach of security regarding our website that comes to your attention.
7. Suitability of online materials
7.1 All Materials which are offered by third parties, are published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of those Materials (on or off-line) and the use of those Materials. You assume total responsibility and risk for your use of the Materials and the Online Service.
7.2 If use of our website and/or viewing of it, or use of any material or content on our website or services, or products offered through our website are contrary to or infringe any applicable law in your jurisdiction(s), you are not authorised to view or use our website and you must exit immediately.
8. Copyright and monitoring
The contents of the Online Service are protected by international copyright laws and other intellectual property rights. The owner of these rights is Sustain RE Ltd, our affiliates or other third party licensors. All product and company names and logos contained within our website or the Online Service are the trademarks, service marks or trading names of their respective owners, including us.
9. Website Links
Sustain RE Ltd do not guarantee the content on any other websites which you may access through the Online Service. When you access any other website you understand that it is independent from Sustain and that we have no control over the content or availability of that website. In addition, a link to any other website does not mean that Sustain endorses or accepts any responsibility for the content, or the use of, such a website and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other web or resource. Any concerns regarding any external link should be directed to its website administrator or web master.
10. Availability of the online service
We will try to make the Online Service available but cannot guarantee that the Online Service will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of the Online Service and you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other Internet connected device.
11. Liability
11.1 Liability for losses you suffer as a result of us breaking this agreement including deliberate breaches is strictly limited to the purchase price of the Materials and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
11.2 This does not include or limit in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987;
(c) For fraud or fraudulent misrepresentation; or
(d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
11.3 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and even if such losses result from a deliberate breach of these Terms by us that would entitle you to terminate the contract between us, including but not limited to:
(a) loss of income or revenue
(b) loss of business
(c) loss of profits or contracts
(d) loss of anticipated savings
(e) loss of data
(f) loss of data, or
(g) waste of management or office time.
provided that this clause 11.3 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 11.2 or any other claims for direct financial loss that are not excluded by any of categories (a) to (g) inclusive of this clause 11.3.
11.4 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the Online Service and is compatible with our website. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from the Online Service will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy the accuracy of data input and output.
12. General
12.1 We may, but you may not, assign any rights and/or transfer, sub-contract or delegate any obligations under these terms and conditions, and/or charge or deal in any other manner with these terms and conditions or any of our respective rights or obligations. Any purported assignment, transfer, sub-contracting, delegation, charging or dealing in contravention of this shall be ineffective. These terms and conditions are personal to you and are entered into by you for your own benefit and not for the benefit of any third party.
12.2 These terms and conditions together with any subscription request form and payment method instructions, if any, are the whole agreement between you and Sustain RE Ltd . You acknowledge that you have not entered into this agreement in reliance upon any statement, warranty or representation made by Sustain RE Ltd or any other person and you irrevocably and unconditionally waive any rights to claim damages and/or to rescind these terms and conditions by reason of any misrepresentation (other than a fraudulent misrepresentation) that is not contained in the terms and conditions order form and payment method instructions.
12.3 If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.
12.4 These terms and conditions and your use of our website are governed by English law and you submit to the non-exclusive jurisdiction of the English court.
12.5 Except in respect of a payment obligation, neither you nor Sustain RE Ltd will be held liable for any failure to perform any obligation to the other due to causes beyond your or Sustain RE Ltd’s control.
12.6 Failure or delay by either party enforcing an obligation or exercising a right under these terms and conditions does not constitute a waiver of that right or remedy.
Additional Terms
Acceptable Use Policy
Your use of the Online Service means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms of website use
Prohibited uses
You may use our site only for lawful purposes. You may not use our site:
You also agree:
Interactive services
We may from time to time provide interactive services on our site, including, without limitation:
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
Our Online Services are not provided for use by minors and accordingly, minors should not use our interactive services.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
Content standards
These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.
Termination or Suspension
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our Online Services. When a breach of this policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this acceptable use policy constitutes a material breach of the terms of use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
We may also remove contributions upon receipt of a Take Down Notice (see below). Where this occurs we shall notify you of the complaint made and in our discretion we may seek further information from you in order to enable us to decide whether to remove your contribution permanently or to reinstate it.
Changes to the acceptable use policy
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.
Notice and Take Down
If any content, including Contributions made by registered users, within the Online Services breaches your intellectual property rights, is defamatory, an invasion of your privacy or otherwise offensive to you, you should notify us immediately.
Upon receipt of a Take Down Notice we shall review the relevant Material as quickly as we are able and if we deem it appropriate remove the Material from our Online Services. Where the relevant Material has been submitted by a user of our site, we may contact that user to inform them of your complaint and may provide a copy of that complaint (but not your personal contact details) to them. We will contact you to inform you of what action we have (or have not) taken.
Fair Use of Content
The following guidelines set out the basis on which you may reproduce excerpts or summaries of Online Content:
A breach of these additional terms constitutes a breach of this agreement which may be terminated without further notice to you as well as constituting breach of copyright which may be separately actionable.
If you wish to discuss a commercial licensing agreement please contact the sales team.
