Terms of Service

These terms of service relate to the Green Hotels Global software and website service (collectively, the "Service"). The Service is operated by Green Ride Global Inc. operating under the registered business name, The Carbon Accounting Company (the "Company").

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS OF LIABILITY, INDEMNIFICATION PROVISIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

1. Use of Service. By executing the Service Agreement you (the "Customer"), acknowledge and agree to be bound by these terms of service (the "Terms of Service"). The Customer is authorized to use the Service only if the Customer abides by all applicable laws and these Terms of Service. Except where stated otherwise, references to the Company used in these Terms of Service shall be deemed to include the Company and its affiliates, subsidiaries, successors and assigns.

2. Grant of Licence. . Provided that the Customer has first entered into a Service Agreement with the Company which is subject to these Terms of Service, the Customer is hereby granted a limited non-exclusive, non-transferable license to access the Service and the Site Content (as hereinafter defined) and to download or print a copy of any portion of the Site Content to which the Customer has properly gained access, provided that the Customer shall keep all copyright and other proprietary notices intact. The Customer shall not upload or republish Site Content or incorporate the Site Content in any other database or compilation without the prior written permission of the Company. Notwithstanding anything contained herein, the Customer may upload Customer specific Site Content on Customer’s website and use the Site Content for its own internal business purposes. The Customer shall have a limited right to utilize an up-to-date printed or static electronic copy of an individual hotel property profile page for marketing or promotional purposes related to such individual property, which for certainty does not include the right to compile, modify, distribute, sell or otherwise transfer any Site Content, except as explicitly aforesaid. The license granted herein does not include use of any data mining, robots or similar data gathering or extraction methods and such uses of the Service are strictly prohibited. Any use of the Service or the Site Content other than as specifically authorized herein, without the prior written permission of the Company, is strictly prohibited. Unauthorized use of the Service may violate applicable laws, including without limitation copyright and trade-mark laws and applicable communications regulations and statutes and the Customer shall be held strictly liable for any such violations. Unless explicitly stated herein, nothing in these Terms of Service shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.

3. Payment. The Customer shall pay for the Service at the rates specified in the Customer’s Service Agreement with the Company. The Customer shall pay all charges and fees imposed by the Company from time to time as well as all applicable taxes and surcharges imposed thereon. All amounts are payable in advance in instalments as set forth in the Service Agreement and measured from the date on which the Customer first executed the Service Agreement. Charges will end on the date the Service Agreement is terminated in accordance with the provisions thereof and hereof, but in no event shall the Customer be relieved of the obligation to pay any amounts due or owing with respect to the period prior to such termination. Overdue amounts shall bear interest at the rate of 12% per annum calculated monthly with interest on overdue interest until payment in full.

4. Customer Data and Usage. Certain portions, components, content and features of the Service are only available to Customers who register to use the Green Hotels Global software service and create one or more hotel property profiles on the Service. Customers using the Service acknowledge and agree as follows:

  • (a) The Customer Shall provide true, accurate, current and complete information as prompted by any data entry form(s), including but not limited to environmental data or other information posted to a hotel property profile, on the Service (the "Customer Data") and maintain and promptly update the Customer Data to keep it true, accurate, current and complete and comply with the Customer’s obligations under the Service Agreement. If the Customer provides any information that is untrue, inaccurate, not current or incomplete, the Company shall have the right to suspend or terminate the Customer’s account and refuse any and all current or future use of the Service (or any portion thereof).
  • (b) The Customer shall not upload any data, files or other information to the Service which includes any computer virus or other malicious or harmful code by the Customer.
  • (c) Customers are responsible for the information posted to any of the Customer’s hotel property profiles. Profiles shall not include any photographs containing objectionable subject matter or subject matter which infringes on the rights of third parties. Despite this prohibition, the Customer acknowledges that information provided by other users may contain inaccurate, inappropriate, or offensive material, products or services, and the Company assumes no responsibility or liability for this material. The Customer is solely responsible for their interactions while using the Service.
  • (d) The Customer will receive a password and account designation upon completing the Service registration process. The Customer is solely responsible for maintaining the confidentiality of the password and account and is fully responsible for all activities that occur under the use of such password and account. The Customer shall immediately notify the Company of any unauthorized use of its password or account information or any other breach of security, and the Customer shall ensure that it exits from its account at the end of each session.
  • (e) The Customer shall at all times comply with all applicable laws governing its use of the Service, as set forth in these Terms of Service.

5. Ownership of Intellectual Property. The Company acknowledges and agrees that any Customer content, information and data (herein known as "Submissions") provided by e-mail, post, upload or otherwise transmitted to the Service shall be the property of the Customer, including but not limited to all copyright therein, without reservation. Except as may be provided in the Company’s Privacy Policy, no Customer Submissions made to the Company or the Service shall be subject to any obligation of confidence on the Company’s part, and the Company shall not be liable for any use or disclosure of any Submissions. The Company shall not intentionally disclose the Submissions to any party in the form provided by the Customer to the Company.

The Customer grants to the Company the right and license to use all or any portion of the Submissions and to edit, reproduce, publish, translate, copy and distribute and/or incorporate into other works being derivative works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such derivative works, without compensation of any kind to the Customer, with the right to sublicense such derivative works, and such license and sublicenses shall continue for the period until termination of this Agreement plus 30 days. The Company agrees not to sublicense derivative works to a competitor of the Customer. Any and all derivative works created by the Company that incorporate all or part of the Submissions shall be the property of the Company, including but not limited to all copyright therein, without reservation.

6. Intellectual Property. All content on the Service, including but not limited to data, designs, text, graphics, pictures, information, and other files, and their selection and arrangement (the "Site Content"), are the exclusive property of the Company or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the prior written consent of the Company. “Green Ride Global Inc.”, “The Carbon Accounting Company”, “Green Hotels Global”, “Carbon Accounting” and related words, domain names and logos are trade-marks and the exclusive property of the Company. All other trade-marks, product names and company names or logos cited herein are the property of their respective owners. The material contained on www.GreenHotelsGlobal.com (and other web properties), including all portions of the Service, content, site design, text, graphics, and the selection and arrangement thereof are Copyright 2011 Green Ride Global Inc. and ALL RIGHTS ARE RESERVED.

Company acknowledges that Customer is the owner of the Customer’s trademarks, service marks, trade names and logos (collectively the “Marks”). Company agrees that it will not make use of the Marks except with the prior written consent of the Customer. The Customer hereby grants to the Company a limited license to use such Marks in connection with the Service and this Agreement, such license shall continue for the period until termination or expiration of this Agreement plus thirty (30) days, at which time the Company shall cease to use, and shall thereafter refrain from using, any such Marks.

The provisions of this Section 6 shall survive the expiration or earlier termination of the term hereof.

7. Third Party Links. The Customer shall not post a link to the Service on any third party sites without the prior written permission of the Company. Where the Company grants the Customer permission to post a link to the Service on a third party site such permission shall be subject to any conditions or restrictions required by the Company, and in all such cases it is the Customer’s responsibility to ensure that any such third party site does not contain any web content that if shared or posted by the Customer would be a violation of the terms and conditions of the Service Agreement including these Terms of Service.

8. Modification of Service. The Company reserves the right to discontinue, modify or alter any aspect of the Service including, but not limited to, (i) restricting the time the Service is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user’s right to use the Service. The Company does not constantly monitor the Service, it nevertheless expressly reserves the right to do so.

9. Pricing. Not more than once per contract year the Company shall have the right to modify any or all terms of the Service, including any fees or other amounts payable with respect to the Service. The Company will notify the Customer of any change in such fees or other amounts due at least 90 days prior to the effective date of such change, such notice shall specify the revised fees or amounts due and the effective date of such change. All fees or other amounts quoted are in U.S. Dollars unless otherwise noted. The Company shall have the right to modify other terms and conditions of this Agreement at least 90 days prior to the term renewal date and any such modifications shall not be effective prior to the following renewal date.

10. Data Security. Customer Submissions and data shall be protected by the Company in accordance with the Company’s Information Technology Security Policy and Safeguards. The Company reserves the right to discontinue, modify or alter any or all of such policies and safeguards in its sole discretion. In no event shall the Company be liable for any transmission of confidential information or errors in such information, any breach of security or loss of Submissions or data. While the Company aims to ensure the integrity of data on the Service and to avoid computer viruses, it is the responsibility of the Customer to take reasonable and appropriate precautions to monitor and scan for computer viruses and to ensure that the Customer has maintained a complete and current backup of any of the Customer’s data.

11. LIMITATION OF LIABILITY. THE SERVICE AND THE INFORMATION OR MATERIALS HEREIN ARE PROVIDED ON AN "AS IS, WHERE IS" BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, OR ARISING BY STATUTE, COMMON LAW, EQUITY, USAGE OR TRADE, CUSTOM OR OTHERWISE, OF ANY KIND WITH RESPECT TO THE SERVICE OR THE SITE CONTENT OR THE SECURITY OR PRIVACY OF ANY DATA TRANSMITTED IN CONNECTION THEREWITH. THE COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OR ARISING BY STATUTE, COMMON LAW, EQUITY, USAGE OR TRADE, CUSTOM OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BY USING OR ATTEMPTING TO USE THE SERVICE, THE CUSTOMER EXPRESSLY ACKNOWLEDGES THAT THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICE OR THE SITE CONTENT OR THE SECURITY OR PRIVACY OF ANY DATA TRANSMITTED IN CONNECTION THEREWITH INCLUDING BUT NOT LIMITED TO CURRENCY, ACCURACY OR COMPLETENESS. AS A CONVENIENCE TO CUSTOMERS OF THE SERVICE THE COMPANY INCLUDES LINKS TO THIRD PARTY SITES OVER WHICH THE COMPANY HAS NO CONTROL AND THE COMPANY PROVIDES NO ENDORSEMENT OR REPRESENTATION OR WARRANTY OF ANY KIND REGARDING THE PRODUCTS, SERVICES, CONTENT OR APPROPRIATENESS OF SUCH THIRD PARTY SITES. THE CUSTOMER HEREBY IRREVOCABLY WAIVES ANY CLAIM AGAINST THE COMPANY WITH RESPECT TO SUCH THIRD PARTY SITES.

EXCEPT AS MAY BE EXPRESSLY STATED IN THESE TERMS OF SERVICE, NEITHER THE COMPANY NOR THE CUSTOMER, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY DAMAGES WHATSOEVER OR HOWSOEVER ARISING, INCLUDING WITHOUT LIMITING THE FOREGOING OUT OF OR IN CONNECTION WITH THE PROVISION OR USE OF THE SERVICE, OR ANY HYPERLINKED WEBSITE, THE SITE CONTENT OR THE SECURITY OR PRIVACY OF ANY DATA TRANSMITTED. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND WHATSOEVER, WHETHER ARISING UNDER THE SERVICE AGREEMENT, CONTRACT, TORT, NEGLIGENCE, STATUTORY LIABILITY OR OTHER LEGAL THEORY, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, OPPORTUNITY, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, PERSONAL INJURY AND CLAIMS OF THIRD PARTIES.

THE CUSTOMER ACKNOWLEDGES THAT ITS ONLY RIGHT WITH RESPECT TO ANY CLAIMS OF ANY NATURE WHATSOEVER, INCLUDING WITHOUT LIMITATION DISSATISFACTION WITH ANY MODIFICATION OR DISCONTINUATION OF OR TO THE SERVICE, OR ANY POLICIES OR PRACTICES OF THE COMPANY IN PROVIDING THE SERVICE OR ANY CHANGE IN SITE CONTENT, IS TO CEASE USING THE SERVICE AND CANCEL OR TERMINATE ITS SUBSCRIPTION TO THE SERVICE.

12. Failure to Comply with Terms of Service. If the Customer does not comply with these Terms of Service, and upon written notice thereof does not cure such failure within 30 days, the Company reserves the right to cancel or terminate the Customer’s account and access to the Service (or any part thereof) and to immediately delete the Customer’s account and all related information and/or files, without further notice or liability.

13. Indemnification. The Customer hereby agrees to defend, indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable legal fees, whatsoever or howsoever arising out of or in connection with the Customer’s use of the Service or any Submissions, including without limitation any links, content, or other items or materials which may be shared or posted through links, or any breach or alleged breach of these Terms of Service by the Customer, or Customer’s infringement on the intellectual property rights of third parties.

The Company hereby agrees to defend, indemnify and hold the Customer, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable legal fees, whatsoever or howsoever arising out of or in connection with the Service, including without limitation any breach or alleged breach of these Terms of Service by the Company, or Company’s infringement of the intellectual property rights of third parties but only to the extent of amounts that are required to be paid to such third parties. In the event that the Company receives notice from a third party that the Service may infringe the rights of a third party, or the Company believes it may infringe the rights of a third party, the Company shall have the right to modify the Service so that it is non-infringing, or seek a license from such third party, and if either of the foregoing actions are not achievable on terms and conditions acceptable to the Company, the Company shall have the right to immediately terminate this Agreement without any liability to the Customer other than any amounts that are required to be paid to such third party.

14. Term and Termination. The initial term of the Service Agreement shall be for a period of one (1) year. Following the initial term the Service Agreement shall automatically renew for successive one (1) year periods unless either party gives written notice to the other party of its intention not to renew the Service Agreement at least sixty (60) days prior to the expiration of the then current term. Notwithstanding the foregoing, and in addition to any other rights and remedies the Company may have under the Service Agreement, at law or in equity, the Company shall have the right to terminate the Service Agreement immediately and without notice upon the following:

  • (a) The Customer becomes insolvent, is unable to pay its debts as they mature or is the subject of a petition in bankruptcy, whether voluntary or involuntary, or of any other proceeding under bankruptcy, insolvency or similar laws; or makes an assignment for the benefit of creditors; or is named in, or its property is subject to a suit for appointment of a receiver and a receiver is so appointed; or is dissolved or liquidated;
  • (b) the Customer suspends, discontinues or materially alters its business operations;
  • (c) the Customer fails to pay any amounts as and when they become due;
  • (d) the Customer fails to provide or keep current any Customer data or hotel property profile data required pursuant to the Service Agreement or fails to cooperate with any verification process set forth in the Service Agreement; or
  • (e) the Customer breaches any of the Terms of Service

Notwithstanding the foregoing, the Customer or the Company may terminate the Service Agreement without liability, at any time upon 60 days prior written notice to the other party.

15. Governing Law. The Service Agreement and all matters relating to access to, or use of, the Service, or any other hyperlinked website, shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of laws principles. The parties hereby submit to the exclusive jurisdiction of the courts of the Province of Ontario.

16. Arbitration. Except where prohibited by applicable law, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future) arising out of or relating to: (a) the Service Agreement and these Terms of Service; or (b) the relationships which result therefrom will be referred to and determined by a sole arbitrator in accordance with the Arbitration Act, 1991 (Ontario) (to the exclusion of the courts). Except where prohibited by applicable law, the Customer waives any right it may have to commence or participate in any class action against the Company related to any claim and agrees to opt out of any class proceedings against the Company.

17. Severability. If any provision of the Service Agreement or these Terms of Service shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the balance thereof and shall not affect the validity and enforceability of any remaining provisions. These Terms of Service, together with any Service Agreement, acceptable use postings, Privacy Policy and any Additional Terms, represent the entire agreement between the parties relating to the subject matter herein.

18. Assignment. The Company may assign or transfer its rights and obligations under the Service Agreement without notice to or consent of the Customer. The Service Agreement may not be assigned or transferred by the Customer without the prior written consent of the Company. With respect to individual hotel properties enrolled in the Service, in the event the Customer transfers all or substantially all of the assets of such hotel property to an arms-length third party, the Customer may terminate this Agreement with respect to such individual hotel property upon not less than ninety (90) days prior written notice to the Company.

19. Enurement. The Service Agreement will enure to the benefit of the parties permitted successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of the Service Agreement, or to exercise any right under the Service Agreement, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and will remain in full force and effect.

New User?
Register your property here!