Terms of Service - Impact Score

WHO ARE WE?
We are Impact Monitor Limited, a limited company registered in England and Wales under company number 12809902. Our registered office is at 37 Meadowcroft, Heswall, Wirral, CH60 1UT.

Our data controller reference number is ZA783043 and you can check our registration on the Data Protection Public Register by visiting https://www.ico.org.uk/esdwebpages/search.

We may also refer to ourselves as “we” “our” or “us” in this document. This might also mean anyone that might take over our business or we transfer our business to in the future.

These Terms of Service (Terms) set out your agreement with Impact Monitor Limitedin relation to the use of our website, Impact Score^® and GIKI badges mobile applications and services (“Services”), they do not create any relationship or agreement between you and any other person (including our affiliates and third party service providers).

THE SIMPLE VERSION

By using this site and application you;

Acknowledge that we have used our best efforts to bring you accurate data about businesses, gathered from a variety of sources. We don’t guarantee the accuracy of the data and accept no liability for inaccuracies or omissions. You agree to make your own enquiries and use your own judgement about whether a company, product or service meets your needs.
Agree that we are not liable for any loss or damage that you may incur, directly or indirectly, from your use of this site
Acknowledge that all intellectual property and copyright in the data, images and text belong exclusively to us
Confirm that we grant you access to this site for your personal use only and may withdraw access, at its sole discretion, at any time without notice.
Agree that any data you provide to us through the website and/or mobile applications we can use with no payment to you.

WHAT ARE OUR SERVICES?
We all care about the damage being done to our communities and planet, but as individuals how do we make change happen? Well, together we can have real impact through our ability to choose. Rewarding businesses whose behaviours and products are in-line with our individual and collective values.

We’ve made it easy for you to check if businesses behave how you want them to and deserve your loyalty through our Impact Score^® and if products are sustainable, ethical and nutritious through our GIKI badges application. We;

collect and collate data from a variety of sources about how businesses perform in key measures
apply formulas, of our own and developed with University of Chester, to give each business and product a score for each of the relevant measures
apply a weighting to the score against your preferences and priorities
aggregate all users preferences and priorities to provide a benchmark weighting
present to you the weighted scores by way of our Impact Score^® in a simple, easy to understand way which enables you to make informed buying choices and giving your loyalty to businesses who care as much as you
will periodically update the data and associated Impact Score^® and GIKI badges awarded
will inform you of relevant insights where appropriate

We are not a live monitoring service, although we do periodically update the data and associated Impact Score^® and GIKI badges awarded, usually monthly.

Accuracy and non-reliance on information
We try to ensure that information provided is accurate and complete, produced and processed from sources believed to be reliable. However, we do not warrant or represent that our Services are accurate, error-free or reliable or that use of our Services will not infringe rights of third parties. The calculations we make are estimates only that are based upon our own internal assumptions, objective criteria and independent research and are not a replacement for detailed research and analysis. Any decisions you make on the basis of the Services or any other information we provide or make available to you, are purely your own choice. The Services are provided for information purposes only and we are not responsible for any action taken in response to it.

Any information provided to you as part of our Services is only as accurate, complete and up to date as the information supplied to us by you, or other third party we use to obtain data. We don’t check the data we receive from you or third parties for accuracy, currency or completeness.
We don’t assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to receive or store any user information, communications or personalisation settings.
We may change the content or functionality of our Services or any other method which allows access to our Services at any time. Their content may be out of date at any given time, and we are under no obligation to update it.
We cannot guarantee that our Services, will always be available, uninterrupted or error free.
We are not responsible for any health problems that may result from any information that you learn about through the Services. No content and information available or provided by the Services is intended to replace the relationship between you and your doctor, or other medical provider or dietitian.

We do not warrant that the functional and/or technical aspects of the Services will be error free or the servers that make them available are free of viruses or other harmful components. If use of the Services results in the need for servicing or replacing property, material, equipment, data or other element, we are not responsible for those costs. Without limiting the foregoing, everything included in the Services (including any platform and content) is provided to you “AS IS” AND “AS AVAILABLE” AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, REASONABLE CARE AND SKILL, OR NON-INFRINGEMENT. We and our suppliers make no warranties about the Services (including but not limited to content, software, text, downloads, graphics, and links), or about results to be obtained from using the Services.

WHO CAN BE OUR CUSTOMER?
You can be our Customer providing you agree to comply with our Acceptable Use Policy and you are:

Over 18 years’ old
live in the United Kingdom
accessing our Services for your personal use (you can’t use our Services for commercial or business use)

We can refuse to provide Services at any time and at our sole discretion. Examples of when we might do this include if:

you are breaching these Terms (for example, you’re using our Services for business use)
you are rude or threatening to our staff
we stop providing a service you are using
your use of our Services is unlawful or you are breaching our Acceptable Use Policy

We do not collect any personal information about you, however you should read our Privacy and Cookie Policy for details of what we do with data about you.

In order to get a tailored Impact Score^®, you will need to answer some questions on our site about your preferences and values, and update these preferences periodically. You are solely responsible for ensuring that all information you provide us with is accurate and complete and you agree to the assumptions we make.

By providing information, data, materials or other content (‘Content‘) to us through our Services, you agree that we can use, modify, display, distribute and create new material using the Content so that we may provide our Services to you and for any other purposes set out in these Terms, including our Privacy and Cookie Policy.
By submitting Content you confirm and agree that the owner of that Content expressly us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such communication(s) alone, or as a part of other works in any form, media, or technology whether now known of hereafter developed and to sublicense such rights to anyone. Anything that you transmit may be used by us and our affiliated companies for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting, or developing and marketing services using such information. We do not agree to or accept to be the receiver of unsolicited proposals of collaboration.

OUR ACCEPTABLE USE POLICY
We may monitor your use of our Services and monitor your activity for security purposes. When you are using our Services (including any content or materials on them):

in any way that is illegal, fraudulent, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, government order
for your own or another person’s business purposes
to make any unsolicited or unauthorised communications, including of advertising or promotional material (“spam”)
in any way which causes, or may cause, damage to the Services or interferes with any other person’s use or enjoyment of the Services or any computer systems, equipment, software or networks on or through which our Services are stored or operated
to modify, adapt, decipher, decompile, disassemble or reverse engineer any of the software comprised in or in any way making up a part of our Services
to scrape, reproduce, duplicate, copy, modify, distribute, publish, resell or transmit any element comprised in our Services, including any software comprised in it, the content or the Services provided through it
to use any technology or processes of any kind to access, acquire, copy, monitor or search and part of our Services (including the use of data mining, robots or similar data gathering and extraction tools)
in any way that is not authorised by or is detrimental to us
You must not, and you must not allow another person to:
- knowingly transmit any data, send or upload any material that is corrupt or contains viruses, Trojan horses, worms, logic-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 perform any act that would cause our Services to become unavailable for use by others (including via any form of denial-of service attack)
- access without authority, interfere with, damage or disrupt any part of our Services, any software, the server or other equipment or network used in the provision of our Services (including where owned or used by any third party)

You must fully cooperate with us where any law enforcement authorities or court order requests or directs us to disclose the identity or locate anyone posting any material or using our Services in breach of our Acceptable Use Policy.

INTELLECTUAL PROPERTY RIGHTS
Unless otherwise stated, all Content included in the Services is the property of Impact Monitor Limited, our affiliates or other relevant third parties with all rights reserved. In these Terms, Content includes but is not limited to any; text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of these Services.

By continuing to use the Services you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting , by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owners written permission. You must not remove any acknowledgement that we or any of our contributors is the author of any website content or any content we provide to you as part of the Services.

You may download or print or screen grab content or individual sections or pages of our Services for your personal use and information only, provided that any such copy has attached to it the relevant proprietary notices and/or disclaimers. Any material downloaded or otherwise obtained through our Services is done at your own discretion and risk and you are solely responsible for any damage to your computer system or device or loss of data that results from the download of any such material.

You must not reproduce, modify, adapt, copy, download, display, report, post or otherwise prepare derivative or second hand works based on any material from our Services nor store any part of our Services in a networked computer environment or any other digital platform for any purpose whatsoever or use for commercial purposes any Content without the prior written permission of Impact Monitor Limited.

In the event of breach of any of these Terms, your permission to use the Services will automatically terminate and any copies made of any content must be immediately destroyed. Any unauthorised use of Services may infringe copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

LIMITATION OF OUR LIABILITY

Nothing in these Terms shall exclude or limit our liability for (i) death or personal injury resulting from our or your negligence, as applicable or (ii) fraud or fraudulent misrepresentation; or (iii) any other liability which cannot be excluded by law.
To the maximum extent permitted by law, regardless of the legal or equitable theory upon which the claim is based, we accept no liability to you or any third party for any of the following;
- any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
- loss or corruption of any data, database, software or device failure
- violation of your rights by any third party
- any special, indirect, incidental, consequential or exemplary loss or damage

DURATION OF OUR SERVICES AND ENDING THIS AGREEMENT
We reserve the right at any time to terminate your agreement with us and your use of our Servicescontained in or obtained through our Services, with or without cause. You agree that we will not be liable to you or any third party as a result of such modification or discontinuation. The provisions entitled “LIMITATION OF OUR LIABILITY” and “GENERAL” will survive termination of these Terms of Service.

If you no longer wish to receive our Services you can close and delete your account by deleting the mobile applications.

TRADEMARK NOTICE

In general, all trademarks, logos and service marks (collectively the “Trademarks“) that appear on the website and mobile applications are registered, unregistered or otherwise protected IM trademarks or are licensed for use by IM by third parties. Other trademarks are proprietary marks and are registered to their respective owners. Nothing contained on the website and mobile applications should be construed as granting, by implication or otherwise, any licence or right to use any trademark without IM’s prior written permission or that of such third party who owns the trademark. Misuse of any trademark displayed or any other content on the website or mobile applications, except as provided herein, is strictly prohibited.

COPYRIGHT NOTICE

LINKS & LINKING

The website and mobile applications may contain links to other platforms operated by third parties not affiliated to IM. The inclusion of any link to such third party sites does not imply endorsement by IM of those sites. IM has not reviewed all of the content contained in the linked sites and is not responsible for the content or accuracy of any off-site pages or any other sites linked to any of the website or mobile applications. If you choose to click through any link to off-site pages or third party sites then this is at your own risk. IM does not authorise linking to any of its website or mobile applications from a third party platform without its express prior written authorisation.

GENERAL
These Terms (including our Privacy and Cookie Policy) constitute the whole agreement and understanding between you and us in relation to the use of our Services and superseded all prior discussions arrangements or agreements that might have taken place in relation to the Terms.

We may change these Terms and/or our Services at any time. Such revised Terms will apply from the date of publication. Users should check the Terms regularly to ensure familiarity with the then current version.

By using our Services you consent and agree to be bound by these Terms and the processing of your data and our use of cookies in accordance with them.

Unless otherwise specified, the content presented by the Services are presented solely for the purpose of promoting IM’s services. We make no representation that IM content is appropriate or available for use in every country of the world. You are responsible for compliance with applicable local laws, keeping in mind that access to our content may not be legal by certain persons or in certain countries.

You may not transfer or assign any of your rights or obligations under these Terms to another person. We may transfer our rights under these Terms where we reasonably believe your rights will not be affected.

The Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms and no third party will have any right to enforce or rely on any provision of these Terms.

Each of the provisions of these Terms (or part of any provision) is severable. If any such provision is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction that shall not affect the legality, validity or enforceability of the other provisions of these Terms. The provision itself shall apply with the minimum modification necessary to make it legal, valid and enforceable.

Failure or delay by us in enforcing these Terms shall not be a waiver of that or any other provision of these Terms.

This Agreement shall be governed by and construed in accordance with the law of England and Wales and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) and shall be subject to the exclusive jurisdiction of the English and Welsh courts.

CONTACT US

If you have any questions or comments about these Terms of Service, or matters generally, please contact us at [email protected]

Last updated June 2021