PLEASE READ CAREFULLY BEFORE ACCESSING OR DOWNLOADING THIS DOCUMENT FROM THIS WEBSITE:
The click wrap terms and conditions (“Click Wrap Terms”) is a legal agreement between you (“Licensee” or “you”) and CLIMATE BONDS INITIATIVE (Company no. 07455730) of FIRST FLOOR, QUEEN STREET PLACE, LONDON, UNITED KINGDOM, EC4R 1BE (“Licensor”, “us” or “we”) for:
· The online OR electronic version of the Climate Bonds Resilience Taxonomy (the “Document”).
· We license use of the Document to you on the basis set out in these Click Wrap Terms. We do not sell the Document to you. We remain the owner of the Document at all times.
IMPORTANT NOTICE TO ALL USERS:
· BY CLICKING ON THE “ACCEPT” BUTTON BELOW YOU AGREE TO BE BOUND BY THESE CLICK WRAP TERMS. THESE CLICK WRAP TERMS INCLUDE, IN PARTICULAR, LIMITATIONS ON LIABILITY IN CONDITION 2.
· IF YOU DO NOT AGREE TO THE CLICK WRAP TERMS, YOU MUST CLICK ON THE “REJECT” BUTTON BELOW AND YOU MAY NOT DOWNLOAD OR STREAM OR ACCESS THE DOCUMENT.
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[“ACCEPT” BUTTON] |
[“REJECT” BUTTON] |
You should print a copy of these Click Wrap Terms for future reference.
1. GRANT AND SCOPE OF LICENCE
1.1 In consideration of you agreeing to abide by the Click Wrap Terms, We hereby grant to you a limited, non-exclusive, non-sublicensable, non-transferable worldwide licence to use the Document for your personal purposes only on the terms set out in these Click Wrap Terms. You may not copy, modify or adapt the Document (or extracts thereof) for any other purpose and you also agree not to share the Document with any third party without our express written consent.
1.2 You acknowledge that all intellectual property rights in the Document anywhere in the world belong to us, and that you have no rights in, or to, the Document other than the right to use them in accordance with the terms of these Click Wrap Terms.
1.3 You undertake not to publish, copy, sell, rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Document or any part of it.
2. LIMITATION OF LIABILITY
2.1 Subject to paragraph 2.2 below, we shall not in any circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, whether direct or indirect, arising under or in connection with these Click Wrap Terms for:
2.1.1 loss of profits, sales, business, or revenue;
2.1.2 business interruption;
2.1.3 loss of anticipated savings;
2.1.4 wasted expenditure; and / or
2.1.5 loss of business opportunity, goodwill or reputation.
2.2 Nothing in these Click Wrap Terms shall limit or exclude our liability for:
2.2.1 death or personal injury resulting from our negligence;
2.2.2 fraud or fraudulent misrepresentation; or
2.2.3 any other liability that cannot be excluded or limited by English law.
2.3 These Click Wrap Terms set out the full extent of our obligations and liabilities in respect of the supply of the Document. Except as expressly stated in these Click Wrap Terms, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the Document which might otherwise be implied into, or incorporated in, these Click Wrap Terms whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
3. TERMINATION
3.1 We may terminate these Click Wrap Terms and the licence contained in condition 1 immediately by written notice to you for any reason, including if you commit a material or persistent breach of these Click Wrap Terms which you fail to remedy (if remediable) within seven (7) days after the service of written notice requiring you to do so.
3.2 On termination for any reason:
3.2.1 all rights granted to you under these Click Wrap Terms shall cease;
3.2.2 you must immediately cease all use of the Document; and
3.2.3 you must immediately destroy or return to us (at our option) all copies of the Document then in your possession, custody or control and, in the case of destruction, certify to us that you have done so.
4. COMMUNICATIONS BETWEEN US
4.1 We may update the terms of these Click Wrap Terms at any time on notice to you in accordance with this condition 4. Your continued use of the Document following the deemed receipt and service of the notice under condition 4.2 shall constitute your acceptance to the terms of these Click Wrap Terms, as varied. If you do not wish to accept the terms of these Click Wrap Terms (as varied) you must immediately stop using and accessing the Document on the deemed receipt and service of the notice.
4.2 Note that any notice:
4.2.1 given by us to you will be deemed received and properly served twenty-four (24) hours after it is first posted on our website, twenty-four (24) hours after an email is sent, or three (3) days after the date of posting of any letter; and
4.2.2 given by you to us will be deemed received and properly served twenty-four (24) hours after an email is sent, or three days after the date of posting of any letter.
4.3 In proving the service of any notice, it will be sufficient to prove, in the case of posting on our website, that the website was generally accessible to the public for a period of twenty-four (24) hours after the first posting of the notice; in the case of a letter, that such letter was properly addressed, stamped and placed in the post to the address of the recipient given for these purposes; and, in the case of an email, that such email was sent to the email address of the recipient given for these purposes.
5. HOW WE MAY USE YOUR PERSONAL INFORMATION
5.1 Under data protection legislation, we are required to provide you with certain information about who we are, how we process the personal data of those individuals who use the Document and for what purposes and those individuals’ rights in relation to their personal data and how to exercise them. This information is provided in the Privacy Policy and it is important that you read that information.
6. OTHER IMPORTANT TERMS
6.1 We may transfer our rights and obligations under these Click Wrap Terms to another organisation, but this will not affect your rights or our obligations under these Click Wrap Terms.
6.2 You may only transfer your rights or your obligations under these Click Wrap Terms to another person if we agree in advance and in writing.
6.3 These Click Wrap Terms and any document expressly referred to in it constitutes the entire agreement between us and supersedes and extinguishes all previous and contemporaneous agreements, promises, assurances and understandings between us, whether written or oral, relating to its subject matter.
6.4 You acknowledge that in agreeing to these Click Wrap Terms you do not rely on and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Click Wrap Terms, or any document expressly referred to in it.
6.5 You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Click Wrap Terms or any document expressly referred to in it.
6.6 A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not waive that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.
6.7 Each of the conditions of these Click Wrap Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
6.8 These Click Wrap Terms, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both irrevocably agree to the exclusive jurisdiction of the courts of England and Wales.