Here are some definitions which are used in this document
“The Website Operator”, “Us”, “Our Site”, “We”, “ESG Bay”, “esgbay.com” – ESG Bay Ltd
“The Website”, “This Website” – ESGBay.com and all subdomains under it.
“Content” – all images, videos, attachments, files, sound, written text or information of any kind.
“Visitor”, “Visiting User” - a user who has not yet registered an account or logged into their account and therefore cannot yet be assumed to belong to any category of User. Any User who does not fit into another criteria will be considered to be a Visitor.
“Registered User” – a user who has created an account on the Website.
“You”, “User” – all types of Users including Visiting Users, Registered Users.
References to the singular include the plural and vice versa.
These are our terms and conditions which apply to The Website. We’ve tried to make them user-friendly. Please read them carefully and save a copy as we don’t file a copy specifically for the transaction with you. They’re available in English only.
The following general terms and conditions apply to all Users of the Website. By using this Website, you are agreeing to these terms. If you do not agree to these terms, please do not use this Website.
These terms and conditions constitute a legal agreement, between You, as the User of The Website and Us as the owner and operator of The Website.
This Website is operated by The Website Operator. It is an online platform that enables companies to self-assess their ESG performance and share it with partners.
By accessing our website or registering on our website, you offer to enter a legal contract with us to use our Website. We accept your offer and there is a binding legal contract when you enter this site.
We do not allow Users from countries that are on the sanctions list of the United Kingdom government. A full list of countries is shown here:
https://www.gov.uk/government/collections/financial-sanctions-regime-specific-consolidated-lists-and-releases
If you are accessing this Website from a country shown on the above list, you are forbidden from using this Website. Please terminate access to the Website immediately.
The Website requires you to enter into a legally binding agreement in order to use it. If you are under the age of 18 years, or the age of majority in the location from where you are accessing this website, you must not use The Website.
Unless otherwise specified the contents of all the pages of this website are owned by and copyright to the Website. The Website respects the intellectual property rights of third parties and ask that all users do the same. If you believe that any intellectual property rights have been infringed on The Website, please notify The Website.
The User confirms that it is the copyright owner, licence holder and controller of all intellectual, industrial, images, pictures, videos and property rights for the content uploaded to the Website.
The User indemnifies the Website against any claims for violation of copyright or other intellectual and industrial property rights for content it has uploaded to the Website without the correct licence or permissions.
The User gives express permission for the Website to use all of the content uploaded to the Website and display it on the Website.
The intellectual and industrial property rights in all material used on or in connection with our Website are owned by us or by our partners or other Users. For your personal use only, you may view such material on your device. You must not otherwise use such material including copying, publishing, selling or adapting it or taking extracts from it without our specific prior express and written consent. You must not misrepresent the ownership or source of such material, for example by changing or removing any legal notices or author attributions.
Just to be clear - you must not collect, scrape, harvest, frame or deep-link to any Content on our Website without our specific prior express and written consent.
If you upload any Content to our Website or provide us with any ideas or suggestions for our Website, you allow us at no cost, without limits and forever, to use and adapt all or part of such material however we wish on our Website. You also allow each User to use your Content in accordance with these terms and conditions.
The Website contains material submitted and or uploaded by third parties. All third-party material contained in this Website is the sole responsibility of the third party. The Website does not accept any responsibility for the accuracy of any third-party material on the Website nor is any warranty expressed or implied by publication.
The Website assumes no responsibility and specifically disclaim and exclude all liability to any person for any loss or damage of any nature or however arising from any third-party material published on the Website. By submitting any material to the Website, you automatically grant The Website the royalty-free, perpetual, irrevocable, unlimited, exclusive right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content. You acknowledge that The Website is not obliged to publish any material submitted by you.
You agree to indemnify and hold The Website harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of material you submit to the Website.
You are responsible for your Content.
You guarantee you have (and will retain) all rights and permissions needed to enable use of your Content as contemplated by the Website and these terms and conditions, especially those referring to rights of use, advertising and image, as well as not you are violating third party rights.
We will monitor through both automated and manual means all content including messages and comments for illegal content or content that violates our terms. We may edit, hide or remove any piece of content for any reason at any time.
We reserve the right without notice or refund to reject, suspend, alter, remove or delete Content or to disclose to the police or other relevant authorities or to a complainant any Content or behaviour if it is the subject of complaint or where we have reason to believe that it breaches our terms and conditions, if we consider that privacy rights may have been violated or that of a third party or that such steps are necessary to protect us or others, or that a criminal offence may have been committed, or where required by law or where requested by the police or other appropriate authorities, or if we consider that Content does not meet our quality standards. If so, you must not attempt to re-publish or re-send the relevant Content.
The information or data uploaded by The Users must be truthful at all times, vouching for all statements, data, content, information and details that are false, vague or inaccurate.
It is your responsibility to decide which Content to upload (subject to these terms and conditions). We do not accept responsibility if your Content is misused by others as this is outside our reasonable control. Don’t upload any Content if you are concerned that it may be misused or if you do not have full rights to such content.
We may place advertisements near or within your Content. If so, we retain all revenue from such advertisements.
It is your responsibility to make your own backup of Content to protect you in case of loss or damage to such material. We are not responsible for such loss or damage.
We may irretrievably delete your Content without telling you after this agreement ends.
Users give permission for the Website to use any content uploaded to the Website for promotional purposes without payment of royalties or requirement of licences.
The Website contains links to other websites which are not under The Websites control. The Website is not responsible for the prejudices that the other websites may cause to you, the content of and do not endorse the material on these other websites. The Website provides these links for your convenience only. We do not recommend or endorse, nor are we legally responsible for, any of these. You use them at your own risk.
We grant you a limited personal non-transferable right to use our Website on any applicable device owned or controlled by you subject to these terms and conditions.
You undertake not to do any of the following in connection with the use of the Website:
You undertake not to do any of the following in connection with the use of the Website:
You accept that we have no obligation to vet or monitor Users or their Content. We don’t endorse or recommend any Users. You rely on such information and/or deal with other Users at your own risk. We accept no legal responsibility for such Content or in connection with any dealings between Users. You should not assume that any Content from another User is accurate and be aware that a person may not be who he or she claims to be.
You acknowledge that in using the Website you may encounter behaviour or Content which you consider inappropriate. If so, please email us to our email address shown below (including if you wish to give us notice of defamatory material). Please also use any available blocking mechanisms, seek relevant external help If appropriate (e.g. from law enforcement authorities) and/or stop using the Website.
In your own interests, you should not attempt to contact any other User other than through the Website.
Unless otherwise specifically stated on our Website, your account is for your personal or professional use only and is non-transferable. You agree not to allow any other person to use your account. You undertake to take reasonable care to keep your login information confidential and to notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).
We do not guarantee that the Website will be uninterrupted or error-free. We are entitled, without notice and without liability (a) to suspend the Service for repair, maintenance, improvement or other technical reason and (b) to make changes to the Service.
You acknowledge that technology is not always secure and you accept the risks inherent in use of the Internet or other technology for the purpose of the Service.
You may at any time end your contract with us by closing your account with us.
We are entitled at any time (with or without notice) to end this contract or suspend part or all our Service or impose restrictions on our Website if:
We are entitled at any time end this contract by email notice if we terminate our Website as a whole.
If either of us ends this contract:
Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents.
The following clauses apply only if you are not a Consumer:
This agreement constitutes the entire agreement between us with respect to its subject matter and supersedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.
The Users are not employees of The Website. In addition, The Users are accessing this Website solely at their own direction and under their own supervision. Nothing herein shall be construed as creating an employer/employee relationship between The Website and The Users or placing the parties in a partnership or joint venture relationship. The Users will not be eligible for any employee benefits, cash bonuses or other commissions.
Each party acknowledges that this is not an exclusive agreement and that each party may contract with other parties providing same or similar services.
We do not provide any tax, investment, legal or other professional advice.
Our Website constitutes an online platform whereby companies can self-assess their ESG performance and share it with partners. It is FREE for viewer users and paid for reporter users. The objective of The Website is to provide companies with an online platform where they can enter information about their practices and policies and using our proprietary algorithm, issue them with a score and report that they can share with their partners.
The fee will be either:
A, £999 per year, paid in advance
B, £99 per month, paid for 12 months
Both fees are an annual agreement that provides access to the platform for 12 months. The fee can either be paid up front or in 12 annual instalments. The monthly payment constitutes an annual agreement for £1188, which is paid in 12 monthly instalments. Cancelling the agreement part way through will result in the rest of the fees becoming immediately due. We do not offer access to the Website for less than 12 months.
All fees will be plus VAT.
We may at any time change the amount of our fee. Please check back here periodically for information on changes.
Having informed The User about our fees and terms and conditions being accepted by the User upon use of the Website, we inform the User that each claim will be evaluated individually before making any returns or refunds.
To request a Refund, the User can contact us via the contact information at the bottom of this page.
Once a return or refund is confirmed, it will be repaid within a maximum period of 10 business days.
You acknowledge and agree that we may process your personal information in accordance with the terms of our privacy and cookies policy [link] which is subject to change from time to time.
Users undertake to us that they will only use any personal information of other Users strictly in accordance with applicable confidentiality and data protection laws and regulations.
We do not supply support except to the extent specifically stated on our Website, as may be varied from time to time.
We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures, force majeure and pandemics.
Users acknowledge that we do not guarantee that use of our Service will generate any particular level of revenues or suitable enquiries.
Users acknowledge that we do not guarantee that use of our Website in itself will necessarily enable compliance with all applicable laws and regulations.
We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.
If we ourselves provide any guidance or other general information on our Website, we do not guarantee that it is accurate or up to date and we do not accept legal responsibility for it. Before acting on such information, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes. You rely on such information at your own risk.
Headings used in this agreement are for information and not binding
If you have any complaints, please contact us via the contact details shown below.
We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated above).
Use of this The Website is at your own risk. The Website make no warranties or representations as to accuracy or reliability of any of the material published on the Website. The material on the Website does not constitute advice and you should not rely on any material in The Website to make any decision or take any action. The Website does not make any representation as to the reliability of access to the Website. In no event does The Website accept liability of any description for any damages or losses whatsoever resulting from use of the Website.
If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement shall continue to apply. A person who is not a party to this agreement shall have no rights to enforce this agreement except insofar as expressly stated otherwise.
Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (i.e. that it cannot be enforced later).
The website is operated from England. The legislation that will apply to any dispute will be English Law and, expressly waiving your jurisdiction, the Courts of England and Wales will have exclusive jurisdiction over all claims or disputes that arise in relation to, outside or in relation to the website.
We will accept legal notices in English.
We welcome any queries, comments, and requests regarding this privacy policy.
You can reach us via email on [email protected]
In the event that you wish to see a copy of all of your Personal Data held by us, please write to:
The Data Protection Officer
ESG Bay LTD
Kemp House
160 City Road
London
EC1V 2NX
These terms may be updated from time to time without notice to you. You should review this page periodically for changes.
Last updated: 1st November 2022
Version: 1.00
ALL RIGHTS RESERVED | COPYRIGHT © 2022 ESG BAY LTD IS A COMPANY REGISTERED IN ENGLAND AND WALES WITH COMPANY NUMBER 13857556 REGISTERED OFFICE: KEMP HOUSE, 160 CITY ROAD, LONDON, EC1V 2NX