These terms and conditions (“Terms”) govern your participation in and use of the Trip Analysis website or app (“the App”) and any other related app, website or web pages or other electronic services operated by Land Software Limited (“the Services”). These Terms set out the terms of our users (“you”) relationship with Land Software Limited (“we” or “us”). Please read these terms carefully as they affect your rights and obligations under the law.
If you do not agree to these Terms in full, please do not register with us or use the Services.
Please also see our Privacy and Data Protection Policy for information about how we collect and use any data you enter into our system.
3.1 When you register with the Services we will ask for some of your personal information. Any personal information you provide us with will be handled in accordance with our Privacy and Data Protection Policy.
3.2 You agree that personal information supplied to us will be kept up to date. We will use the information provided to us to contact you. You are required to provide us with such information as we may request which may include your name, email address, telephone number (for authentication), address, usual mode of transport and such other information as we may reasonably request.
3.3 If we have reason to believe that there is likely to be a breach of security or misuse of the Services or the App through your account or the use of your password, we may notify you by email and require you to change your passwords on our system and with your other suppliers, or we may suspend your account until you have done so. Until you have changed all your passwords or we have reactivated your account you will not be able to access the Services.
3.4 You are not entitled to allow any other person to use or borrow your log in details or password, each additional user must use and register for the Services separately.
4.1 Please note that the Services are strictly for general information purposes only. The Services are not intended for use for professional analysis or for any business purpose
4.2 Any estimates we provide of emissions savings are estimates only based on our models and your travel history as recorded by us.
4.3 Users of the Services are not entitled to directly advertise to or solicit the custom of other users without our express written consent.
4.4 You are not entitled to resell or commercially exploit the contents of the Services. You are not entitled to use any data mining, robots, or similar data gathering and extraction tools to collect user names, e-mail addresses or any other data for the purposes of sending unsolicited e-mail or for any other use.
4.5 Any content posted or published by you using the Services will be your personal responsibility. You will be personally liable for claims relating to negligence, defamation, breach of intellectual property, privacy or any other claim arising from your content.
4,6 You may not publish any illegal, offensive, inaccurate, misleading, defamatory or fraudulent content. If any such content is published by you or if in our opinion any content is published by you which damages our goodwill or the goodwill attaching to the Services we reserve the right at our discretion and without notice to take such action as we deem necessary including removing the content from the Services and terminating your registration. You agree that if you share any content from our Services externally (including on any social media platforms), that you will not spam our content, or post our content on an inappropriate forum. You will not publish any illegal, offensive, inaccurate, misleading, defamatory or fraudulent about our Services, including when sharing content from our Services.
4.7 You agree that you will not:
4.8 We also reserve the right at our discretion to remove any content from the Services, terminate your registration and/or subscription and restrict your access to our services at any time for any reason.
4.9 In the event that you are informed that you will no longer be entitled to access the services you will not be entitled to register again and you will no longer have permission to use the Services.
4.10 If you come across any offensive, inaccurate or damaging material on the Services or if you are subject to any form of abuse or harassment we ask that you contact us immediately.
4.11 You agree not to upload any files or post or publish any on the Services that contain viruses, corrupted files, or malicious code or any other similar software or programs that may damage the operation of another’s device.
5.1 Below are the rules that apply to all competitions, offers and prize draws (“Competitions”) provided by us and which appear or are featured on our websites or apps (including any competition promoted via social media).
5.2 In addition to these rules there may be specific rules or conditions which apply to specific Competitions, if so then any such rules or conditions will be listed on our website page (“Competition Page”) which may set out the dates, prizes, how winners are selected and any other main terms of the Competition.
5.3 Our decisions are final in relation to any Competition. We reserve the right at any time to remove any entry from a competition, suspend the competition entirely or limit the number of entries.
5.4 Competitions are generally open to App users who have downloaded the App and registered with us and please note that unless we specify otherwise on the Competition Page you will not be registered for a Competition unless you have registered with us.
5.5 Our employees and members of our employees’ households are not permitted to enter any Competition.
5.6 No purchase is necessary for the entry into a Competition.
5.7 Unless otherwise specified one entry per person is permitted for each Competition.
5.8 We do not warrant that any prize offered will be suitable for your purpose or of any given quality.
5.9 Prizes (including e-bikes) are supplied by our third party partners and while we will seek to ensure that the prizes are of satisfactory quality we are not responsible or liable for any fault or defect in relation to any prize and any fault or defect should be raised with the manufacturer or the named partner. The partner for each Competition will be specified in the Competition Page.
5.10 For each Competition we will set out on the Competition Page the final date for entry into that Competition or the maximum number of entries we will accept before closing the Competition.
5.11 We reserve the right to provide a cash alternative for any prize. You will not have the right to demand or receive payment of the cash alternative unless we specify otherwise.
5.12 Competition winners will be selected within 7 days from the close of the Competition and will be notified by email using the contact details provided on registration.
5.13 It is your responsibility to ensure that the contact details held by us are valid and correct. We are not responsible if the contact details provided are inaccurate or not up to date. If we receive a bounce-back from a Competition winner’s email address for notifications and we do not have a valid telephone number to contact the winner, the prize will be void.
5.14 Competition winners must claim their prize within 28 days of being notified that they have won a Competition. If you have not claimed the prize within this time your prize may be void at our discretion. Void prizes may be offered to another entrant.
5.15 Prizes are subject to availability. In the event of unavailability an alternative prize of similar value and specification or a cash alternative may be substituted by us.
5.16 Prize images are merely an indication and may not exactly represent the prize offer.
5.17 Please refer to our privacy policy for more information about our service and for any queries relating to how we use your personal data including any personal data submitted in entering a Competition.
6.1 We have made a commitment that, once we have 50,000 registered users for our Service, we will commence a tree planting programme and we will maintain that planting programme and for so long as our App is live and supported and has more than 50,000 registered users.
6.2 The programme may include partnerships we enter into with developers who commit to planting trees on development sites, based on usage of the Service by occupants of the development sites owned or managed by them.
6.3 The number of trees planted will be based on the usage of our Service to achieve and monitor carbon dioxide emission savings, and will allow our users to leverage their emission savings with additional offsets, the number of trees we commit to plant and how we calculate that number will be set out on our website.
6.4 The number of trees which we or our development partners commit to plant will be based on reasonable estimates for the average lifetime carbon dioxide consumption for each tree and no such estimates are precise. These estimates are based on current understanding and knowledge and may be adjusted in the future, we will not be obliged to recalculate the number of trees planted.
6.5 Trees may be planted in the United Kingdom or elsewhere in the World. We or our development partners will determine the planting location and we may arrange for a reputable third party to plant the trees. We will take reasonable steps to ensure that the trees planted are appropriate for the land they are planted on, and that they are planted with due care and attention.
6.6 We may give an indicative attribution of trees planted to individual users. Please note that this does not provide any ownership or rights in respect of any specific trees to any user and this is simply a reflection of how a given user’s App usage may have contributed to the scale of our general programme.
6.7 If we have attributed tree planting to a given user and that user de-registers, deletes the App or disables the functionality of the App then we will cease to attribute any tree planting to that user and any trees allocated to that user but not planted may attributed to other users who are continuing to use the App.
6.8 While we will seek to directly arrange for trees to be planted we may, if necessary, purchase offsets as an alternative to our tree planting programme.
6.9 Our tree planting programme has no cash value to our users and is not part of the Service we provide to our users. We will use reasonable endeavours to verify that our development partners have planted the trees they have committed to plant but we are not liable for any failure by our development partners to plant such trees.
7.1 We will operate the Services with the reasonable skill and care of an online service provider. Services provided do not extend to detailed monitoring or supervision of content, comments or communications between users of the Services.
7.2 From time to time it may be necessary to suspend access to the Services for a period of time and any such interruptions shall not constitute a breach by us of these Terms. Our liability to you for breach of contract will be strictly limited to the subscription price actually paid by you to us.
7.3 We will not be liable for any a) business loss; b) financial loss; c) economic loss; d) consequential loss; e) loss of data; f) lost profit; f) loss of bargain or opportunity or f) indirect loss arising as a result of your use of the Services even if such loss is incurred or suffered as a result of our negligence or otherwise.
7.4 We will not be liable for any use of the Services other than for general information purposes.
7.5 We will not be liable if content you have posted and stored on the Services is lost, corrupted or damaged.
7.6 Our total liability to any user (subject to clause 7.7) who is using a free service is limited to £5, and our liability for any paying user is limited to a maximum amount equal to the higher of a) £50 and b); the total charges paid by such user in the previous 12 months.
7.7 Nothing in these Terms will limit our liability for fraud or for death or personal injury caused as a result of our negligence.
8.1 We provide estimates of your personal emissions and any savings resulting from changes in your travel patterns etc. using location data and information you have provided to us. Information and estimates we provide may not be accurate if information has been recorded incorrectly or if incorrect information has been provided to us.
8.2 The estimates we provide are for general information only and are not intended to be relied on as specific advice relating to carbon footprint or environmental impact.
8.3 The information we provide should not be regarded as a comprehensive view and the information is prepared on the basis of information and data available to us and models relating to how travel patterns translate to emissions where are estimates only.
9.1 If you have downloaded a copy of our App, then subject to your agreement to these Terms we hereby grant a non-exclusive, non-transferable licence to download a copy of the App to such devices as are personally used by you and to use the App for your personal purposes. You may also take back-up copies of the App for personal use. We reserve the right to terminate this licence if you are in breach of these Terms. You may not transfer this licence.
9.2 You may not use, copy, modify or transfer the App or any materials or documents we have supplied to you except as expressly set out in these Terms. You may not translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the App, except as expressly permitted by law.
9.3 By providing content for distribution by our Services you expressly grant us a royalty-free, perpetual, irrevocable licence to use such content in order to deliver the Services to you.
9.4 The App together with the format and content of the Services is protected by copyright and we reserve all rights in relation to our copyright whether owned or licensed to us and all rights are reserved to any of our registered and unregistered trademarks (whether owned or licensed to us) which appear on the Services.
9.5 The App and Services may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not systematically extract and/or re-utilise parts of the contents of the App without our express written consent.
10.1 We will make all reasonable efforts to delete accounts which are being used in breach of our Terms and to identify and remove content that is defamatory or infringing on intellectual property rights or otherwise in breach of our media policy when we are notified but we cannot be responsible if you have failed to provide the relevant information.
10.2 In the event that you believe that an account is being used in an inappropriate manner or that any Content which is distributed using the Service is defamatory or infringing on intellectual property rights you should notify us in writing either by email to [email@address] including the following:
10.3 Any statement made under this clause may be used in court proceedings.
11.1 You shall comply with all foreign and local laws and regulations which apply to your use of our Services in whatever country you are physically located.
11.2 These conditions are governed by and construed in accordance with the laws of England and Wales. You agree, as we do, to submit to the non-exclusive jurisdiction of the English courts.
11.3 If you breach these Terms and we decide to take no action or neglect to do so, then we will still be entitled to take action and enforce our rights and remedies for any other breach.
11.4 We will not be responsible for any breach of these Terms caused by circumstances beyond our reasonable control.
11.5 We may make changes to the format of the Services, or to the App’s content at any time without notice.
12.1 If you have any questions about these Terms, please contact us at [insert email address] and [insert telephone number].
You set off, we offset. All you need to do is to download our app today to start making a difference. By using Trip Analysis you can feel empowered and inspired to know that you are not only reducing your personal impact on the planet, but also contributing to a better world for future generations. All it takes is the click of a button to start taking action - we’ll do the rest!