Terms of Use

What’s in these terms?

These terms of use (the “Website Terms”) tell you the rules for using the website https://www.pace-esg.com/ (the “Website”).

Click on the links below to go straight to more information on each area:

About PACE and how to contact us

These terms establish the rules for accessing and using the Website (https://www.pace-esg.com/) which hosts the Platform for Analysing Carbon Emissions (“PACE”).
PACE and the Website are operated by Fexco Limited (“Fexco” “We” “Our” or “Us”), registered in Ireland under company number 83934 which has its registered office at Fexco Centre, Iveragh Road, Killorglin, Co. Kerry, Ireland.

These Website Terms apply to any individuals (each a “User”) who are granted access to PACE for use in connection with that person’s trade, business, craft or profession on behalf of abusiness which has its own legal identity and which is a business customer of Fexco (each a “Customer”) for the purpose of accessing services (the “Services”) in the ordinary course of those Customers’ legitimate business operations.

Please note that access to PACE is restricted to commercial or business purposes only. You are not permitted to access or use PACE other than on behalf of a Customer for the purpose of accessing the Services or for any domestic, personal or private use whatsoever.

Should you have any queries, please email [email protected].

Acceptance and Disclaimer

Any use of PACE by a User shall be subject to acceptance of these Website Terms, and before proceeding you must read these Website Terms and confirm that you accept these and agree to
be bound by these and any documents referred to in the Website Terms. If you do not agree to these Website Terms, you must not use PACE. We recommend that you save the link to these
Website Terms so that you can access them for future reference.

The Services on PACE are provided by Fexco to the Customer. Fexco makes no representations or warranties to you of any kind, express or implied, as to the operation of the Services or the information, content or materials included on the Services. Each User’s access to and use of the Services is governed by the relationship between the User and the Customer and these Website
Terms.

Other applicable terms

These Website Terms refer to the following additional terms, which may also govern your use of PACE:

Other terms may also apply to the Services, in particular, terms agreed between Fexco and its Customers (the “Customer Terms and Conditions”). Fexco’s consent to grant Customers access
to PACE for its Users is subject to the Customer complying with the Customer Terms and Conditions and provided that its Customer remains responsible for its Users’ use and actions relating to the Services.

We may make changes to these terms

We may amend these Website Terms from time to time. Every time you wish to use PACE, please check these Website Terms to ensure you understand the Website Terms that apply at that time.

We may make changes to PACE

We may update and change PACE from time to time to reflect changes to laws applicable to Fexco or its Customers, the PACE functionality and/or our business strategies. We will try to give registered Users reasonable notice of any major changes.

We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

Availability and Accessibility

You hereby acknowledge that access to PACE depends on you having access to the internet and compatible systems and software, for which we accept no responsibility.

Parts of the Website are made available free of charge. While we endeavour to ensure that this Website is normally available 24 hours a day, we do not guarantee that PACE, or any content on it, will always be available or be uninterrupted, nor shall we be liable if for any reason PACE is unavailable at any time or for any period.

We may suspend or withdraw or restrict the availability of all or any part of PACE for business and operational reasons. In so far as is possible, we will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Website Terms and other applicable terms and conditions, and that they comply with them.

User Profile Set Up and Security

Where a Customer nominates you as a User on its behalf the following steps will need to be taken

to complete the registration process and create your User profile which is linked to the Customer’s profile:

  • (a) You will first receive a welcome email containing a link to activate your User profile:
  • (b) You will need to follow the instructions in the welcome email to finalise the activation of your User profile including creating a username and a permanent password;
  • (c) You will be required to confirm your agreement to these Terms, the Fexco Privacy Policy and the Fexco Cookies Policy

We call any information you are given or provide as part of the registration process your “Security Credentials” and you must treat such information as confidential. You must not disclose your Security Credentials to any third party.

It is your responsibility to safeguard the security of all Security Credentials and to take all reasonable steps to keep it safe and prevent fraudulent use of it. The general precautions that
you should take include (but are not limited to) ensuring that your Security Credentials (or any part of it) is known only to you or where relevant, members of your organisation. You should not
allow anyone else to use your Security Credentials and you are prohibited from using any other User’s Security Credentials.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of
the provisions of these Website Terms.

If you know or suspect that anyone other than you knows your Security Credentials you must promptly notify us at [email protected].

Intellectual Property Rights and Use of PACE and the Website

Fexco is the owner or licensee of all intellectual property rights on the Website and PACE, and in the documentation, illustrations, graphics, video or audio sequences, and other material published on or forming part of PACE. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

Website visitors and users must not, unless expressly permitted by these Website Terms or, where applicable, the Customer Terms and Conditions:

  •  Access or view without authority, interfere with, damage or disrupt any part of  the website or PACE, any equipment or network on which PACE is hosted or stored, any software used in the provision of PACE; or any equipment or network or software owned or used by any third party;
  • Reproduce, download, duplicate, publish, copy, modify, decompile or disassemble, reverse engineer, translate, sell or re-sell, distribute or redistribute any part of the website or PACE or any content or materials on PACE or the Website, including by framing or similar means;
  • Use the PACE logo or any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text;
  • Use any of the PACE content and materials to create any derivative works or competitive products; or
  • Use any programmatic, scripted or other mechanical means to access any of the PACE content and materials.

Prohibited Uses

You may use PACE and the website only for lawful purposes. You may not use PACE or the website:

  • in any way that breaches any applicable local, national or international law or regulation.
  • in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
  • to access any information on PACE that you are not permitted to, including but not limited to accessing without permission proprietary or confidential records of other Users or Customers
  • to take any action intended to disrupt the operation or functionality of PACE or which causes or intends to cause any functionality of or access to PACE, or any other User’s or Customer’s use or enjoyment of PACE, to be disrupted, interrupted, damaged or impaired in any way
  • to transmit any malicious software or data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware or electronic communications equipment; or
  • in any way that violates any third-party rights, including, but not limited to, any party’s right of privacy, intellectual property or proprietary rights;

Do not rely on information on this website

The content on the website and PACE is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Website.

Although we make reasonable efforts to update the information on PACE, we make no representations, warranties or guarantees, whether express or implied, that the content on PACE is accurate, complete or up to date.

You are responsible for making sure that any information or other data that you input into any data fields is correct and accurate, including User or Customer details or the details of any aircraft portfolio information and other data for the purposes of using the Services.

We are not responsible for websites we link to

Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.

Our responsibility for loss or damage suffered by you

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. Different limitations and exclusions of liability apply to liability arising as a result of the provision by Fexco of the Services to Customers, which are set out in the Customer Terms and Conditions.

Fexco excludes all implied conditions, warranties, representations or other terms that may apply to the Website or PACE or any content thereon.

Fexco is not liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, PACE or the Website;
  • use of or reliance on any content displayed or data contained on PACE or the Website; or
  • the accuracy or completeness of any data or content contained on PACE or the Website.

In particular, Fexco will not be liable for:

  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

Without limiting the above provisions of this paragraph, under no circumstances shall Fexco have liability to any party beyond the Fees paid by the Customer in respect of which you are a User.

How we may use your personal information

We will only use your personal information as set out in our Privacy policy.

Uploading or adding content to PACE

Whenever you to add or upload information, content or material to PACE (a “Contribution”) you must comply with the following content standards (the “Content Standards”). A Contribution must not:

  • violate any laws applicable to you or Fexco or the laws of any country from which it is posted;
  • be defamatory of any person;
  • be obscene, offensive, hateful or inflammatory;
  • promote any illegal content or activity or incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse;
  • infringe any intellectual property rights of any person.
  • breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
  • impersonate another User or Customer or any other person or
  • contain knowingly incorrect or inaccurate content.

We have the right to remove any content you input or upload if, in our opinion, your post does not comply with the Content Standards. You warrant that any such contribution does comply with the Content Standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty. Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of PACE a limited licence to use, store and copy that content and, where applicable, to distribute and make it available to third parties. We reserve the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to PACE constitutes a violation of their intellectual property rights, or of their right to privacy. You are solely responsible for securing and backing up your content. We do not store terrorist content.

We are not responsible for viruses and you must not introduce them

We do not guarantee that PACE will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access the Website. You should use your own virus protection software.

You must not misuse PACE by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to PACE, the server on which PACE is stored or any server, computer or database connected to PACE. You must not attack PACE 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 Criminal Justice (Offences Relating to Information Systems) Act 2017. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.

Rules about linking to the Website

You may link to the Website’s home page, provided you do so in a way that is fair and legal and does not damage Fexco’s reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to the Website in any website that is not owned by you. The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the home page. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the Content Standards If you wish to link to or make any use of content on the Website other than that set out above, please contact [email protected].

Which country’s laws apply to any disputes?

These Website Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by Irish law. We both agree to the exclusive jurisdiction of the courts of Ireland.

Our trademarks are registered

The PACE name and logo are EUIPO registered trademarks under number 018455736. You are not permitted to use them without our approval, unless they are part of material you are using as permitted under the section above entitled Intellectual Property Rights and use of PACE and the Website.