PAYMENT TERMS:
1. INTRODUCTION
Earth Exchange UK Limited is registered in England and Wales under company No.14518897 (“Earth Exchange”). Earth Exchange’s registered office is 4th Floor, 5B The Parklands, Middlebrook, Bolton, BL6 4SD. Earth Exchange’s VAT registration number is 437 3709 80.
Earth Exchange offer a platform for developers to upload a listing of surplus earth/aggregates or post a requirement for the same or for BNG units. Earth Exchange offer map functionality which allows members to identify nearby sites where earth/aggregates are available and arrange a trade. The platform also allows the trading of BNG units between members. Earth Exchange also allows advertising from appropriate companies who operate and support the construction industry.
By using Earth Exchange’s website you confirm that you accept these terms and conditions relating to Earth Exchange’s website and that you agree to comply with them. Unless expressly stated to refer to membership, these terms and conditions apply to your use of Earth Exchange’s website. If you do not agree to these terms and conditions, you must not use Earth Exchange’s website.
2. MEMBERSHIP
Earth Exchange offer two sets of membership services: Developer/BNG Membership and Business Directory Member (together a “Membership”). Paragraphs 3, 4, 5, 6, 7, 8, 13 and 14 shall apply to users of the Membership (“Members”) only.
These terms and conditions set out how you become a Member and the terms that apply to your Membership. By applying for Membership and/or by continuing to enjoy the benefits, rights and privileges of the Membership you agree to be bound by these terms and conditions. Our acceptance of your application for Membership and continuation of your Membership depends on you complying with these terms and conditions.
You can become a Member by logging on to the website www.earth-exchange.com and clicking on the Register or Sign In tab. To create an account complete the basic information required and agree to the Terms and Conditions. The Terms and Conditions can be viewed in advance in the bottom right hand corner of our home page.
Once you become a Member you can use and post on the portal and access map functionality. All posts require moderation and this is normally done within 24 hours if not sooner.
3. DEVELOPER/BNG MEMBERSHIP
Developer/BNG membership will allow 1 user account to upload up to 100 listings within a defined region. The regional map is available on the website. Usage will be restricted to that region unless further subscriptions are made. Developers will be able to view the map and make contact with other members to effect trading of surplus or required materials or BNG units.
4. BUSINESS DIRECTORY MEMBERSHIP
Business Directory membership will allow Members to use the portal to advertise their services to Developers in a defined region. The regional map is available on the website. Advertising in additional regions is available at additional cost. You are permitted a 100-word listing of your services in your region and additionally an advertorial provided by the member will be promoted in the News & Resource Centre on the Earth Exchange website in addition to promotion through Earth Exchange’s LinkedIn page.
5. MEMBERSHIP TERM AND PAYMENT
The Membership will be an initial term of 12-month (“Initial Term”) paid either by monthly subscription of £200 per month (“the Fees”) & VAT at the prevailing rate paid quarterly, bi-annually or annually. Discounts are available for bi-annual or annual payments and the discounts are detailed on the website. Following the Initial Term, the Membership shall automatically renew for successive periods of 12 months (“Subsequent Term”). Earth Exchange reserve the rights to update the Fees following the Initial Term and each Subsequent Term on providing at least 30 days’ written notice. Earth Exchange only accept payment made by credit or debit card via Stripe. Members will receive a VAT invoice for their subscription upon payment. If you fail to pay by the due date, Earth Exchange have the right to suspend your Membership until valid payment is received.
If you cant pay by card and prefer to pay by email please contact support@earth-exchange.com
6. MEMBERSHIP CANCELLATION
Cancellation is available on expiry of the Initial Term or Subsequent Term on not less than 30 days written notice from the account holder or bill payer to expire on expiry of the Initial Term or Subsequent Term. Earth Exchange cannot accept cancellations from third parties for security reasons. Please send your cancellation notice to: support@earth-exchange.com, or in writing to: Earth Exchange UK Limited, 4th Floor, 5B The Parklands, Middlebrook, Bolton, BL6 4SD. In the event you seek to cancel your Membership prior to the expiry of the Initial Term or Subsequent Term, you will remain liable for the all Fees for the Initial Term or Subsequent Term.
7. MEMBERSHIP TERMS
Earth Exchange warrants that it shall provide the Membership with reasonable care and skill. The terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from these terms and conditions.
Earth Exchange’s total liability to a Member in respect of all losses arising out of the Membership, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed an amount equal to the annual the Fee in the contract year which the loss arose.
8. CONFIDENTIALITY
Subject to the permitted disclosure below, you undertake you shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of Earth Exchange except as permitted under the Agreement.
You may disclose Earth Exchange’s confidential information:
(a) to your employees, officers, representatives, contractors, subcontractors or advisers who need to know such information for the purposes of exercising your rights or in connection with this agreement. You shall ensure that your employees, officers, representatives, contractors, subcontractors or advisers to whom you disclose Earth Exchange’s confidential information comply with these confidentiality obligations; and
(b) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
You shall not use Earth Exchange’s confidential information for any purpose other than to exercise your rights under or in connection with your Membership.
9. WEBSITE CONTENT
You are permitted to use the Earth Exchange website and website content on these terms and conditions. Earth Exchange may amend these terms and conditions. Every time you wish to use Earth Exchange’s website, please check these terms and conditions to ensure you understand the terms that apply at that time.
10. GENERAL DISCLAIMER
Earth Exchange is not responsible and accepts no responsibility for the content of the publications on the Earth Exchange website and is not responsible for any use that might be made of data appearing in the Earth Exchange website. Earth Exchange disclaim all warranties terms or conditions with regard to the information found on or accessed through the Earth Exchange website including all warranties terms or conditions of merchantability, fitness for a particular purpose, quality, title, accuracy, completeness, and non-infringement, whether express, implied, or statutory. In no event shall Earth Exchange be liable for any damages whatsoever, whether direct, special, indirect or consequential resulting from your access to or use of the Earth Exchange website or your access to or use of the information contained on or accessed through the Earth Exchange website, including without limitation, loss of data, profits or expected savings, whether in an action of contract, negligence or other tortious action.
Earth Exchange does not guarantee that the Earth Exchange website, or any content on it, will always be available or be uninterrupted. Earth Exchange may suspend or withdraw or restrict the availability of all or any part of the Earth Exchange website for business and operational reasons.
11. INFORMATION ON THE EARTH EXCHANGE WEBSITE
Earth Exchange has used reasonable endeavours to ensure that information contained on the Earth Exchange website is correct. However, it is possible that the information may be incomplete, contain errors or be out of date. Changes are periodically added to the information on the Earth Exchange website.
12. EARTH EXCHANGE MATERIALS
Earth Exchange is the owner or the licensee of all intellectual property rights in its website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. Except to the extent expressly set out in these terms and conditions you acquire no right, title or interest in Earth Exchange’s intellectual property.
You must obtain written permission from Earth Exchange to use the name logo, or partner badge logo of Earth Exchange (“Earth Exchange Logo”), for any use, including but not limited to: (i) merchandising purposes; (ii) for any marketing, branding, or social media. You must send your request to support@earth-exchange.com if you wish to use the Earth Exchange Logo who will supply you with the appropriate logo for use. If You receive written confirmation to use Earth Exchange Logo, Earth Exchange grant you a non-exclusive, revocable licence to use the Earth Exchange Logo. You will be allowed to use the partner badge to display on your email footers, letterhead or LinkedIn once payment has been made. Earth Exchange may take away your right to use the Earth Exchange Logo at any time. You may not assign your right to use the Earth Exchange Logo to any group company, contractors or suppliers. If you cease to be a member you must cease to use the Earth Exchange Logo in any capacity.
Any goodwill generated in your use of Earth Exchange’s intellectual property belongs to Earth Exchange.
You will not use the Earth Exchange Logo a) as part of a business name or domain name; b) in a deceptive or unlawful manner; and c) You will not seek to register the Earth Exchange logo or use any confusingly similar name that resembles the Earth Exchange Logo.
13. MEMBER ACCOUNT
You must treat your log on details to the membership portal as confidential. You must not disclose it to any third party.
Earth Exchange have the right to disable any member account, at any time, if in Earth Exchange’s reasonable opinion you have failed to comply with any of the provisions of these terms and conditions.
14. MEMBERSHIP UPDATES
Earth Exchange’s website may include information and materials uploaded by Members.
Whenever you make use of a feature that allows you to upload content to Earth Exchange website, you warrant that you will not circulate any material which:
- Is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
- facilitates illegal activity;
- depicts sexually explicit images;
- promotes unlawful violence;
- is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or
- is otherwise illegal or causes damage or injury to any person or property;
You shall ensure any content uploaded does not introduce any computer viruses or other harmful components (“Virus”) to the Earth Exchange website.
You are liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage Earth Exchange suffer as a result of your breach of warranty.
Any content you upload to the Earth Exchange website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant Earth Exchange and other users of the Earth Exchange website a limited licence to use, store and copy that content and to distribute and make it available to third parties.
Earth Exchange also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to Earth Exchange website constitutes a violation of their intellectual property rights or of their right to privacy.
We have the right to remove any posting you make on Earth Exchange’s website if, in Earth Exchange’s opinion, your post does not comply with the content standards set out in these terms and conditions.
You are solely responsible for securing and backing up your content.
When you upload or post content to Earth Exchange’s website, you grant Earth Exchange the following rights to use that content:
- a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the Earth Exchange website and across different media to expire when you delete the content from Earth Exchange’s website
- a worldwide, non-exclusive, royalty-free, transferable licence for other users, to use the content for their purposes to expire when you delete the content from the Earth Exchange website.
15. NO WARRANTIES
Earth Exchange makes no representations about the suitability of the information contained in the documents and graphics published on the Earth Exchange website by its Members for any purpose. All such documents and related graphics are provided “as is” without warranty of any kind. You should verify any information obtained from Earth Exchange website before acting upon it. Any decision or action taken by you on the basis of information provided on or via the Earth Exchange website is at your sole discretion and risk. In particular, the information contained on Earth Exchange website should not be construed as technical advice for dealing with the management of any particular land contamination, contaminated land site or area or waste or risk management activity or situation. You are advised to use the information contained herein purely as a guide and to take appropriate professional advice where necessary.
16. VIRUSES
Earth Exchange makes no representation that the Earth Exchange website does not contain any Virus. You accept that accessing the internet and the Earth Exchange website may put Your computers at risk of viruses, and You therefore access the internet and the Earth Exchange website at Your own risk. Earth Exchange accept no responsibility for transmitting or otherwise passing viruses to Your computers whether by negligence or howsoever caused. You shall not transmit or download viruses or other harmful components to the Earth Exchange website. You must not attempt to gain unauthorised access to Earth Exchange’s website, the server on which the Earth Exchange website is stored or any server, computer or database connected to the Earth Exchange website. You must not attack the Earth Exchange website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. Earth Exchange will report any such breach to the relevant law enforcement authorities and Earth Exchange will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Earth Exchange website will cease immediately.
17. GOVERNING LAW
These terms and conditions, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. You agree to the exclusive jurisdiction of the courts of England and Wales.
18. PERSONAL INFORMATION
Earth Exchange shall only use your personal information as set out in Earth Exchange’s Privacy Policy, https://earth-exchange.com/privacy-policy-3/
19. INDEMNITIES
In the event of any claim being made against Earth Exchange or against any members of the Earth Exchange team as a result of breach of these terms and conditions by You, You undertakes to fully indemnify Earth Exchange or any members of the Earth Exchange team against all actions, claims, proceedings, damages and costs arising from or incurred by reason of a user/member breach of these terms and conditions.
20. COMPLAINTS AND ENQUIRIES
For any complaints or enquiries please contact Earth Exchange on telephone +44 (0)161 327 3922 or email: support@earth-exchange.com
