Last updated – December 2023
PLEASE READ ALL OF THE FOLLOWING TERMS AND CONDITIONS OF SERVICE (“TOS”) FOR THE NET-ZERO DATA PUBLIC UTILITY WEBSITE (the “Website”) BEFORE USING THIS WEBSITE. By continuing to access, link to, or use this Website, including but not limited to data, text, and other content made available through the Website, whether as a guest or registered user (the “Utility”), you signify your acceptance of the TOS. NZDPU LLC (“NZDPU” or “we” or “us”) reserves the right to modify the TOS at any time, and such modifications shall be effective immediately. Please continue to review the TOS whenever accessing, linking to, or using the Utility. Your access to, link to, or use of the Utility, or any service on this Website, after the posting of modifications to the TOS will constitute your acceptance of the TOS, as modified. If, at any time, you do not wish to accept the TOS, you may not access, link to, or use this Website (including any part of the Utility).
You understand and agree that we have been formed in a philanthropic capacity for the purpose of managing the development, launch, and maintenance of the Utility as a unified global open climate data utility, consistent with the advice and recommendations of the Climate Data Steering Committee. You further understand and agree that the Utility is intended to be free and accessible to all as part of ongoing enhancements to the United Nations Framework Convention on Climate Change (“UNFCCC”) Global Climate Action Portal.
(a) References to “you” mean the user of the Utility individually and, if applicable, any entity by which you are employed or engaged and for which you are acting as agent or representative (your “Employer”). You represent, warrant and covenant that you are authorized by your Employer to use the Utility.
(b) You acquire no rights or licenses in or to the Utility or materials contained within the Utility other than the limited right to access and use the Utility in accordance with the TOS.
(c) You represent, warrant and covenant that you are (i) at least eighteen (18) years old or the age of majority in your jurisdiction, whichever is older; and (ii) shall use the Utility only as set forth in this TOS. If you are not the age of majority in your jurisdiction, you may only use the Utility if your parent or guardian consents to your use of the Utility, assumes the obligations provided in the TOS, and assumes full responsibility for your use of the Utility. You agree to comply with any other applicable terms and conditions of service set forth on the Utility. When using the Utility, you shall not impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity. This Website is controlled and operated from within the United States. We do not represent that materials in the Utility are appropriate or available for use in any particular location. Those who choose to access or use the Utility do so on their own initiative and are responsible for compliance with all applicable laws.
(d) You may not use the Utility for any illegal purpose, to facilitate the violation of any law or regulation, or in a manner inconsistent with this TOS. You agree to use the Utility solely for non-commercial purposes. You agree that any commercial use of the materials made available by the Utility requires a license from us and/or one or more of our third-party licensors. You agree that commercial use includes, but is not limited to: use of materials made available by the Utility to create or enhance regulated investment products, regulated investment research, regulated investment services used or in a tradable index; in analysis, programming or program development, for re-sale in modified, adapted or original form or in a subscription or fee-based database service; as a separately marketed or publicized dataset; or in a way which involves providing a benchmark or use of a benchmark in relation to a financial contract, financial instrument or an investment fund. You acknowledge that certain third-party providers of data to the Utility operate under charitable objectives, meaning, to promote for the public benefit the conducting of research and making the useful results available to the public, and such other purposes as are exclusively charitable under applicable law, with a particular focus on the protection of the environment. You agree that any use of the Utility for a purpose or in a manner which conflicts with such charitable objectives is prohibited. You may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to, create derivative works from, transmit, download, or in any way exploit any part of the Utility, except as set forth in the TOS or as explicitly specified in the Utility. You may download material from the Utility and/or make a reasonable number of copies of material from the Utility for non-commercial purposes, provided that you retain all copyright and other proprietary notices.
(e) You may not access, monitor or copy any content or information on the Utility using any robot, spider, scraper, web crawler or other automated means or any similar manual process. You may not violate the restrictions in any robot exclusion headers on the Utility, if any, or bypass or circumvent other measures employed to prevent or limit access to the Utility. You may not violate the security of the Utility or attempt to gain unauthorized access to the Utility or computer systems or networks connected to the Utility through any means.
(f) You may not use the Utility or the information contained therein in unsolicited mailings or spam material or send spam or unsolicited mailings through the Utility. You may not use any of NZDPU’s, its affiliates’ or its licensors’ trademarks, service marks, trade names, copyrights or logos in unsolicited mailings or spam material. You may use any sharing functions made available as part of the Utility solely to inform others about content on available through the Utility, and you shall immediately cease using these functions with regard to recipients who have requested not to receive such information. When using the Utility, you shall remain friendly and civil and treat all users and recipients with respect and sincerity.
(g) You acknowledge and agree that (i) our suppliers (including information sources, suppliers of data and all other parties that provide, or have any rights in, any portion of the Utility, “Suppliers”) may prevent or prohibit their data, information or functionality from being accessed at any time and (ii) you must comply with all requirements regarding use of data, information or functionality imposed by Suppliers (as such requirements may change from time to time), including without limitation as set forth in Section 16, below, and as contained in agreements between us and Suppliers. You acknowledge and agree that you shall have no rights to any data or other materials licensed or otherwise provided by Suppliers in excess of the rights granted to us under such licenses, and that all obligations, limitations and restrictions with respect to such data included in such Supplier licenses are hereby incorporated by reference herein. Your access to third-party data made available via the Utility shall terminate automatically upon the termination of our right to make such data available to you. You consent to our provision to Suppliers of data and information regarding your use of the Utility. You agree to comply with all written requests made by us or our Suppliers to protect their rights in connection with the Utility. Each of our third-party data Suppliers, including CDP Operations Limited and International Financial Reporting Standards Foundation, shall be a third-party beneficiary with respect to your obligations hereunder.
When using the Utility, you shall not send, submit, upload, post or other otherwise make available any material that: (a) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (b) is unlawful, harassing, libelous, offensive, obscene, hateful, pornographic, deceptive, or racially, ethnically or otherwise objectionable; (c) contains any commercial or solicitation information; or (d) contains software viruses, worms or any other harmful, invasive, or corrupted files, including but not limited to those designed to interrupt, destroy or limit the functionality of any computer.
If you upload or post to the Utility any GHG emissions data or any other material, including, without limitation, photographs, information, text, or other materials (each a “Submission” and collectively, the “Submissions”), you hereby grant NZDPU and its affiliates, partners, members, representatives, sublicensees, successors and assigns (including without limitation the UNFCCC, the “Covered Parties”) a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to reproduce, modify, translate, create derivative works from, distribute, publish and display the Submission, in whole or in part, throughout the world in any form or media now known or hereafter developed, on the Utility, in research reports or newsletters or otherwise to promote or publicize the NZDPU, or the purposes of addressing challenges and promoting solutions relating to the NZDPU or to the climate, without notice or attribution to you or making any payment whatsoever, and you acknowledge that neither NZDPU nor any other person has an obligation to use your Submission. You grant NZDPU and the Covered Parties the right to use any names, voices, and/or likenesses and all intellectual property and other proprietary rights included in the Submissions. However, it is understood that other materials you submit to the Utility, including personal contact information, will not be disclosed to the public in connection with promoting or publicizing the NZDPU.
You represent and warrant that you own or otherwise control all of the rights to your Submissions, and that you have a valid and enforceable license from all creators of such materials, including all persons identified in your Submission, to use and sublicense such materials herein; that the Submission is truthful and accurate; and that use of the material you supply does not violate the TOS and will not cause injury to any person or entity. You hereby agree to indemnify NZDPU and the Covered Parties, and its and their members, partners, officers, managing agents, affiliates, Suppliers and other licensors and each of their respective owners, members, agents, directors, officers, employees, representatives, affiliates, successors, and assigns (the “Indemnified Parties”) for all claims resulting from the Submission. You hereby waive all copyright, trademark, right of publicity or privacy, and all other claims or causes of action against the Indemnified Parties. NZDPU takes no responsibility and assumes no liability for any Submission by you or any third party. You agree that you shall not be entitled for any reason to terminate or rescind this license and release, nor to enjoin, restrain or otherwise impair the exercise of any rights and privileges granted hereunder.
NZDPU retains the right to review, edit, or delete any material submitted that NZDPU, in its sole discretion, deems illegal, offensive, abusive, in violation of the TOS, or otherwise inappropriate or unacceptable.
3. INTELLECTUAL PROPERTY: The Utility is protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of the U.S. and other countries. The Utility is also protected as a collective work or compilation under copyright and other laws and treaties. All datasets and other elements making up the Utility may also be copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Utility. You acknowledge that the Utility has been developed, selected and arranged by us and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money and constitutes valuable intellectual property. You agree to protect the proprietary rights of NZDPU and all others having rights in the Utility during and after the term of the TOS and to comply with all reasonable written requests made by us or our partners, licensors and owners of content, copyrights or trademarks to protect contractual, statutory and common law rights in the Utility. You agree to notify us in writing at firstname.lastname@example.org promptly upon becoming aware of any unauthorized access or use of the Utility or of any claim that the Utility infringes any copyright, trademark or other contractual, statutory or common law rights. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how and other proprietary rights of any type under the laws of any governmental authority, including rights in and to all applications and registrations relating to the Utility, shall, as between you and NZDPU, at all times remain the exclusive property of NZDPU or our licensors. All rights in and title to the Utility are reserved to NZDPU.
(a) You are fully responsible for your usage of the Utility. Access to the Utility may not be used in any manner that is inconsistent with the TOS.
(b) You agree: (i) immediately to notify us at email@example.com of any known or suspected unauthorized use(s) of the Utility, or any known or suspected breach of security related to the Utility, including but not limited to, loss, theft or unauthorized disclosure of your login; and (ii) properly to exit the Utility at the end of each session. WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PERSON OR ENTITY FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THESE REQUIREMENTS. If a device on which you have accessed the Utility is sold or transferred to another party, you agree to delete all cookies and software files obtained by or through use of the Utility that are stored on such device prior to such sale or transfer. Notwithstanding anything else herein, we reserve the right to pursue any and all claims against you and any person or entity using your login. We may require you to change your login. We reserve the right to suspend your account.
(c) We reserve the right periodically to audit and monitor (physically or electronically) the use of the Utility to ensure compliance with the TOS and to maintain and improve the provision of the Utility.
You may not link to this Website any website containing inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topics, names or material or information that violates any applicable intellectual property, proprietary, privacy or publicity rights. If you link to this Website, you may not portray any person or subject in a false or misleading light. In addition, you may not imply that we, our partners, affiliates or licensors endorse your products or services. Any violation of this provision may, in our discretion, result in termination of your access effective immediately.
YOU AGREE THAT YOUR USE OF THE UTILITY IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT ALL INFORMATION CONTAINED IN THE UTILITY IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND THAT WE MAKE NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE UTILITY, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, NON- INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE OR USE.
We do not warrant that the Utility is compatible with your equipment or that the Utility, email or other communication or transmission sent by us or our representatives, will be free of errors or viruses, worms or “Trojan horses,” or any other harmful, invasive or corrupted files, and we will not be liable for any damage you may suffer as a result of such destructive features. You agree that neither we nor any of the Indemnified Parties shall have any responsibility or liability for: (i) injury or damages, whether caused by our negligence or otherwise in connection with the Utility; (ii) lost profits, punitive, incidental or consequential damages, or any claim against us; or (ii) fault, inaccuracy, omission, delay or other failure in the Utility caused by your computer equipment or arising from your use of the Utility on such equipment.
The content of other websites, services, goods or advertisements that may be linked to or from the Utility is not maintained or controlled by us. We are not responsible for the availability, content or accuracy of other websites, services or goods that may be linked to or from the Utility. We do not: (a) make any warranty, express or implied, with respect to the use of the links provided on, or to, the Utility; (b) guarantee the accuracy, completeness, usefulness or adequacy of any other websites, services or goods, that may be linked to or from the Utility; or (c) make any endorsement, express or implied, of any other websites, services or goods, that are linked to or from the Utility. Any statements, opinions or other information made available by third parties, including users, are solely those of the respective author(s) or distributor(s).
We are not responsible for the reliability or continued availability of the telephone lines, wireless services, communications media and equipment you use to access the Utility. You understand that we and/or our licensors may choose at any time to inhibit or prohibit content from being accessed or accessible. You agree that your use of the Utility will not guarantee any result. Neither we nor the Indemnified Parties shall, directly or indirectly, be liable to you or any other person for any: (x) inaccuracies or errors in or omissions from the Utility; (y) delays, errors, or interruptions in the transmission or delivery of the Utility; or (z) any nonperformance.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE OR ANY OF THE INDEMNIFIED PARTIES, BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES EVEN IF WE HAVE BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE UTILITY OR ANY LINKS OR ITEMS ON THE UTILITY OR ANY PROVISION OF THIS TOS, PROVIDED, HOWEVER, THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
In the event you have a dispute with one or more users of the Utility, you hereby release us and the Indemnified Parties from any claims, damages, liabilities, costs or expenses, including reasonable attorneys’ and experts’ fees (collectively “Claims”), arising out of or in connection with such dispute.
You agree, at your own expense, to indemnify, defend and hold us and the Indemnified Parties harmless against all Claims arising out of or in connection with the Utility, including any links on the Utility or data or functionality included or made available therein, including, but not limited: (i) breach or violation of the TOS by you or someone using your login (if applicable) or computer; (ii) material entered into or transmitted through the Utility with the use of your login or computer; (iii) your or someone else’s use of your login or computer; (iv) a claim that any use of the Utility by you or someone using your computer infringes any intellectual property right of any third party, or any right of privacy or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party; or (v) any deletions, additions, insertions or alterations to, or any unauthorized use of, the Utility by you or someone using your login or computer. You agree to pay any and all costs, damages and expenses awarded against or otherwise incurred by us in connection with any Claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defense and will reimburse our reasonable attorneys’ fees and costs.
(a) You may terminate this TOS with or without cause and at any time by discontinuing your use of the Utility and destroying all materials obtained from the Utility.
(b) We shall have the right immediately to terminate this TOS in the event of any breach by you of this TOS. We may discontinue the Utility, or change its availability to you, at any time in our sole discretion. You accept that we have the right to change the content or technical specifications of any aspect of the Utility at any time in our sole discretion, and that such changes may result in your being unable to access the Utility.
(c) Neither we nor any of the Indemnified Persons shall be liable to you or any third party for the termination or suspension of the Utility, or any Claims related to the termination or suspension of the Utility. Upon termination of this TOS by you or us, you must discontinue your use of the Utility and promptly destroy all materials obtained from the Utility and any copies thereof.
This TOS shall be governed and construed in accordance with the laws of the United States of America and the State of New York, without giving effect to conflicts-of-law principles thereof. You agree to submit to the personal jurisdiction of the state and federal courts located in New York County in the State of New York with respect to any legal proceedings that may arise in connection with the Utility or to the interpretation or breach of the TOS and hereby waive any objection to the propriety or convenience of venue is such courts.
When you use the Utility and when you communicate with us electronically, you consent to receive communications from us electronically and electronically to sign documents. You agree that all notices, disclosures and other communications we provide to you electronically will satisfy any legal requirement that such communications be in writing. You agree that you have the ability to store such electronic communications such that they remain accessible to you in an unchanged form. You are responsible for retaining a copy of any agreement or document you sign electronically, including through this Website.
You may not assign or transfer this TOS or the rights hereunder, including but not limited to, the limited right for you to access and use the Utility in accordance with this TOS. We may assign this TOS to any third party. You acknowledge and agree that we may delegate certain of our responsibilities, obligations, and duties under or in connection with this TOS to any third party, which may discharge those responsibilities, obligations, and duties on our behalf.
You recognize that we and our partners, affiliates and licensors each have rights with respect to the Utility, including the information and other items we have provided through the Utility. This TOS shall be for our benefit of the benefit of our partners, affiliates and licensors and our respective affiliates, successors, assigns, officers, directors, managing agents, employees, and representatives.
You may not use any of the trademarks, service marks, trade names, copyrights or logos of NZDPU or our partners, affiliates or licensors in any manner that creates the impression that such items (i) belong to or are associated with you or indicate our sponsorship or approval; or (ii) except as otherwise provided herein, are used with our consent, and you acknowledge that you have no ownership rights in any such intellectual property.
The TOS and any other terms and conditions set forth on the Utility constitute the entire agreement between you and us and govern your use of the Utility. The section titles in the TOS are solely for convenience and have no legal significance. Our failure to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of the TOS will remain in force. Sections 2, 3, 6, 7, 9, 10, 11, 13 and 15 of the TOS shall survive termination or expiration of the TOS.
Under our Supplier agreements, we are required to inform you of the following:
If you believe that any content appearing on this web site has been copied in a way that constitutes copyright infringement, the designated agent to receive notification of claimed infringement under Title II of the Digital Millennium Copyright Act is: Benjamin M. Levy, 731 Lexington Avenue, New York, NY 10022, telephone +1 (212) 318-2000, e-mail: firstname.lastname@example.org.