Terms of Service
1. Acceptance of these terms
These Terms of Service ("Terms") govern your access to and use of the GCX Data Analytics Sustainability Hub ("DASH", the "Platform", or the "Service"), operated by Global Carbon Exchange (Pty) Ltd ("GCX", "we", "us", or "our"). By accessing or using DASH, you agree to be bound by these Terms on behalf of yourself and, where you are using the Service for an organisation, that organisation. If you do not agree with these Terms, you must not access or use the Service.
Your use of the Service is also governed by our Privacy Policy.
2. Description of the service
DASH is a Software-as-a-Service sustainability and ESG (environmental, social, and governance) data management, analytics, and reporting platform. It includes modules such as Ascent and Pinnacle that help organisations collect, manage, analyse, and report sustainability and operational performance data. GCX may operate parts of the Service as a managed service on behalf of customers. We may add, change, or remove features from time to time in order to improve the Service.
3. Accounts and eligibility
Access to DASH is provided to authorised users nominated by a subscribing organisation. You must provide accurate account information and keep it up to date. Where single sign-on (SSO) or an identity provider is used, you are responsible for maintaining the security of the associated credentials. You are responsible for all activity that occurs under your account and must notify us promptly of any suspected unauthorised access. You must be legally able to enter into these Terms in order to use the Service.
4. Acceptable use
When using DASH, you agree to:
- use the Service only for lawful purposes and in accordance with these Terms;
- not attempt to gain unauthorised access to the Service, other accounts, or related systems;
- not probe, scan, or attempt to breach security or authentication measures;
- not reverse engineer, decompile, or copy the Service except to the extent permitted by law;
- not access or misuse another customer's data; and
- not upload malicious code or otherwise interfere with or degrade the availability, integrity, or performance of the Service.
5. Customer data and intellectual property
You (or your organisation) retain ownership of the data you upload to DASH ("Customer Data"). You grant GCX a limited, non-exclusive licence to host, process, and use Customer Data solely to provide, secure, support, and improve the Service, and as otherwise instructed by your organisation. GCX and its licensors retain all rights, title, and interest in the DASH software, platform, branding, and documentation. No rights are granted to you other than as expressly set out in these Terms or an applicable services agreement.
6. Availability, support, and changes
We aim to keep DASH available and reliable, but the Service may occasionally be unavailable due to maintenance, updates, or factors beyond our control. Where practicable, we will give reasonable notice of planned maintenance. Support is provided through the channels agreed with your organisation. We may update these Terms or the features of the Service from time to time; where changes are material, we will provide reasonable notice through the Service or by other appropriate means. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.
7. Disclaimers
To the fullest extent permitted by law, the Service is provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied. Analytics, reports, and outputs generated by DASH are provided for information and decision-support purposes and do not constitute legal, financial, accounting, audit, or assurance advice unless separately agreed in writing. You remain responsible for verifying outputs before relying on them for regulatory or reporting obligations.
8. Limitation of liability
To the fullest extent permitted by law, GCX will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or in connection with your use of the Service. Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited. Any liability caps and allocations agreed in a master services or subscription agreement between GCX and your organisation will apply.
9. Termination and suspension
We may suspend or terminate access to the Service where there is a breach of these Terms, a security or legal risk, or non-payment under an applicable commercial agreement. Your organisation may also request termination of user access. On termination, your right to access the Service ceases. The handling, return, or deletion of Customer Data following termination will be dealt with in accordance with the applicable services agreement and our Privacy Policy.
10. Governing law and disputes
These Terms are governed by and construed in accordance with the laws of the Republic of South Africa, where GCX is registered, without regard to conflict-of-law principles. The courts of South Africa will have jurisdiction over any dispute arising out of or in connection with these Terms or the Service, subject to any mandatory consumer protections that may apply to you.
11. Contact
If you have any questions about these Terms, please contact us:
Global Carbon Exchange (Pty) Ltd
Milton's Way, 11 Bell Crescent, Westlake Business Park, Westlake, 7945, Cape Town, South Africa
Email: info@gcxdash.com
Telephone: +27 21 7024 058